AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., January 3, 2012
ROLL CALL AND DETERMINATION OF QUORUM
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month
GENERAL PUBLIC COMMENT
A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.
NON-PUBLIC HEARING ITEMS -- Items 2 - 57
Public Comment opened Items 2 - 35
Public Comment closed
CONSENT ITEMS Items 2 - 35
Remove Items from the Consent Items and Vote on Remaining Consent Items
APPROVE MINUTES
2. Approve Minutes for the December 19, 2011 Regular Council meeting and the December 28, 2011 Special Council meeting
Vacations of Right-Of-Way Set for Hearing (February 6, 2012)
3. No. 11VR008 - A request by Chamberlin Architects for Destination Rapid City for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 10-23 of Block 75 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Rapid Street and north of Main Street.
Alcoholic Beverage License Applications Set for Hearing (January 17, 2012)
4. MG Oil Company DBA Market Square II, 1624 East St Patrick St, Suite 103 for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from MG Oil Company DBA Uncle Sam's East, 1120 E North Street
5. MG Oil Company DBA Warehouse Sports Bar, 200 E Main Street for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from MG Oil Company DBA Happy Jack's Downtown, 713 Omaha St.
6. SD Engineering Society DBA SD Engineering Society for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for February 24, 2012 at SD School of Mines & Technology, 501 E St Joseph Street
7. Pennington County Democratic Party DBA Pennington County Democratic Party for a SPECIAL EVENT Wine License for an Event Scheduled for February 11, 2012 at Prairie Edge, 606 Main Street
Public Works Committee Consent Items
8. No. PW122711-01 Confirm Reappointment of Bob Brandt 3-Mile Extraterritorial Jurisdiction, John Herr Rapid City Citizen, and Mike Albertson Professional Engineer to the Development Appeals and Review Board.
9. No. PW122711-02 Confirm Reappointment of David Grundstrom, Jim Bickett, William Morrison, and David Asbridge to the Rapid City Residential Contractor Board.
10. No. PW122711-03 Confirm Reappointment of Jeffrey Schild and Confirm the Appointment of Nicholas Stroot, Rick Askvig, and Karen Olson to the Parks & Recreation Advisory Board.
11. No. PW122711-04 Confirm Appointment of Greg Suto Utility Company; and Confirm the Reappointment of Tim Erickson Telecommunications Company and Floyd Schafer Contractor to the Rapid City Trenching Board.
12. No. PW122711-16 Confirm Reappointment of Mark Thomas Mechanical Installer to the Mechanical Board.
13. No. PW122711-06 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and FMG Engineering for Professional Services for the County Heights Drainage Basin Design Plan Update, Project No. DR10-1870 / CIP No. 50757 for a completion date change to April 16, 2012.
14. No. 11TP037 Acknowledge 2011 Traffic Volume Counts Report.
15. No. PW122711-05 Acknowledge City Department Energy Conservation Report
16. No. PW122711-08 Approve Transfer of $30,000.00 from Meadowbrook Development Fund to Meadowbrook Enterprise Fund and Transfer $90,000.00 from General Fund Unspent Dollars to Executive Golf Course Fund.
17. No. PW122711-14 Acknowledge Journey Museum Liaison Report
18. No. PW122711-15 Acknowledge Street Division Report
19. No. PW122711-09 Acknowledge Update on Parking Ramp Configuration Report
Legal & Finance Committee Consent Items
20. No. LF122811-01 Approve Travel Request for Cameron Humphres, Pete Girtz, and Lisa Modrick (Board Member) to Attend Annual AAAE Conference & Expo in Phoenix, AZ, April 29 through May 2, 2012, in the Approximate Amount of $8,060.05
21. No. LF122811-02 - Acknowledge Capital Improvement Program Committee Monthly Update for December 2011
22. No. LF122811-03 - Acknowledge Capital Plan for Street, Drainage and MIP Projects for December 2011
23. No. LF122811-04 Authorize Mayor and Finance Officer to Sign Combined Election Agreement with Pennington County for the 2012 Municipal Election to be Held on June 5, 2012
24. No. LF122811-05 Approve Resolution No. 2011-169 Writing Off Uncollectable Utility Billing Accounts
25. No. LF122811-06 Approve Resolution No. 2011-170 Writing Off Credit Balance Water Billing Accounts
26. No. LF122811-07 Approve Resolution No. 2011-171 Designating Official Depositories
27. No. LF122811-08 - Authorize Mayor and Finance Officer to Sign Grant Agreement with the John T. Vucurevich Foundation Accepting the Amount of $95,000 for Operating Support for the Retired Senior Volunteer Program
28. No. LF122811-09 Approve Changes to the Bleacher Rental Agreement
29. No. LF122811-10 Authorize Mayor and Finance Officer to Sign Administrative Services Agreement Amendment No. 8 with Berkley Risk Administrators Company, LLC
30. No. LF122811-11 Approve Resolution No. 2011-173 to Reimburse Contributing Members and the City's General Fund from the City of Rapid City Healthcare Plan
31. No. LF122811-20 - Approve City Property and Casualty Insurance Renewal
32. No. LF122811-12 Acknowledge Raffle Request from Western Resources for dis-ABLED Independence
33. No. LF122811-13 Acknowledge Raffle Request from American Heart Association, Inc.
34. No. LF122811-14 Acknowledge Raffle Request from Working Against Violence, Inc.
35. No. LF122811-21 Acknowledge Raffle Request from Western South Dakota Senior Services, Inc.
Community Planning & Development Services Department Consent Items (NONE)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS (NONE)
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 36 - 57
Public Comment opened Items 36 - 57
Public Comment closed
Ordinances
36. No. PW122711-10 First Reading, Ordinance No. 5780, An Ordinance to Amend the Established Parking Zones in the City of Rapid City by Amending Section 10.44.010 of the Rapid City Municipal Code.
37. No. PW122711-11 First Reading, Ordinance No. 5784, An Ordinance to Establish Free Parking in the Parking Ramp Zone on Saturdays, Sundays, and Holidays by Amending Section 10.44.070 of the Rapid City Municipal Code.
38. No. PW122711-12 First Reading, Ordinance No. 5785, An Ordinance to Establish Free Parking in Metered Spaces in the Parking Ramp Zone on Saturdays, Sundays, and Holidays by Amending Section 10.44.050 of the Rapid City Municipal Code.
39. No. PW122711-13 First Reading, Ordinance No. 5786, An Ordinance to Amend the Parking Zones Included in the Parking Meter Time Limit Ordinance by Amending Section 10.44.060 of the Rapid City Municipal Code.
40. No. LF122811-16 First Reading, Ordinance No. 5781, An Ordinance to Change the Assistant City Attorney Position from an Appointive Position to an Employee Position by Amending Section 2.16.030 of the Rapid City Municipal Code.
41. No. LF122811-17 First Reading, Ordinance No. 5782, An Ordinance to Change the Assistant Finance Officer Position from an Appointive Position to an Employee Position by Amending Section 2.40.150 of the Rapid City Municipal Code.
42. No. LF122811-18 First Reading, Ordinance No. 5783, An Ordinance to Change the City Engineer Position from an Appointive Position to an Employee Position by Amending Section 2.44.070 of the Rapid City Municipal Code.
43. No. LF122811-19 First Reading, Ordinance No. 5787, An Ordinance to Correct the Appointment Process of Officers by Amending Section 2.04.010 of the Rapid City Municipal Code.
44. No. LF121411-18 Second Reading, Ordinance No. 5777, An Ordinance to Prohibit Vehicle Operators from Parking Next to Curbs Painted Yellow by Amending Section 10.40.020 of the Rapid City Municipal Code.
45. No. LF121411-19 Second Reading, Ordinance No. 5778, An Ordinance to Add a Time for Removal of Mountain Pine Beetle Infested Trees by Adding Section 12.40.105 to the Rapid City Municipal Code.
46. No. 11RZ025 - First Reading, Ordinance 5788, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District for W1/2W1/2SE1/4SW1/4 less the North 8/10ths of the W1/2W1/2SE1/4SW1/4 also recorded as the W1/4SE1/4SW1/4 less the North 8/10ths of the W1/4SE1/4SW1/4 located in Section 20, T2N, R8E, BHM, Pennington County, South Dakota, located at 1700 Seger Drive.
47. No. 11RZ026 - First Reading, Ordinance 5789, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Fisk Land Surveying & Consulting Engineers for Pennington County / Rapid City 911 Dispatch for a Rezoning from Office Commercial District to General Commercial District for W1/2 NW1/4 SW1/4 and the NW1/4 SW1/4 SW1/4 located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the east side of Elk Vale Road approximately 1,000 feet north of the intersection of East Anamosa Street and Elk Vale Road.
48. No. 11RZ027 - First Reading, Ordinance 5790, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Mobile Home Residential District to Light Industrial District for a portion of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the Section Corner common to Sections 20, 21, 28, and 29, T2N, R8E, BHM, thence N00°02'15W, a distance of 661.35 feet to the point of beginning; Thence, first course: N00°02'15W, along the section line common to Sections 20 and 21, a distance of 1989.41 feet, to a the Section ¼ Corner common to Sections 20 and 21; Thence, second course: N00°00'41W, along the section line common to Sections 20 and 21, a distance of 423.05 feet; Thence, third course: S89°56'10E, a distance of 1331.07 feet; Thence, fourth course: S00°03'50W, a distance of 2410.10 feet; Thence, fifth course: S89°57'45W, a distance of 1326.99 feet, to a point on the section line common to Sections 20 and 21, and the point of beginning, located northeast of the intersection of Seger Drive and Dyess Avenue.
49. No. 11RZ028 - First Reading, Ordinance 5791, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Century Resources, Inc. for a Rezoning from General Agriculture District to Light Industrial District for a portion of the NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M., Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southeasterly corner of Lot 5 of Block 1 of Menard Subdivision, common to a point on the westerly edge of the right-of-way of East Anamosa Street, and the Point of Beginning; Thence, first course: southeasterly, curving to the right on a curve with a radius of 800.00 feet, a delta angle of 15°14'35, an arc length of 212.83 feet, a chord bearing of S07°44'51E, and a chord distance of 212.21 feet, to a point of tangency; Thence, second course: S00°07'33E, a distance of 414.06 feet, Thence, third course: S44°59'57W, a distance of 14.11 feet; Thence, fourth course: N89°52'32W, a distance of 476.45 feet; Thence, fifth course: N00°07'28E, a distance of 497.46 feet, to the southwesterly corner of said Lot 5 of Block 1 of Menard Subdivision; Thence, sixth course: S89°52'32E, along the southerly boundary of said Lot 5 of Block 1 of Menard Subdivision, a distance of 317.97 feet, to an angle point on the southerly boundary of said Lot 5 of Block 1 of Menard Subdivision; Thence, seventh course: N45°16'55E, along the southerly boundary of said Lot 5 of Block 1 of Menard Subdivision, a distance of 194.01 feet, to the southeasterly corner of Lot 5 of Block 1 of Menard Subdivision, common to a point on the westerly edge of the right-of-way of East Anamosa Street, and the Point of Beginning, located on the south side of East Anamosa Street southeast of the intersection East Anamosa Street and North Creek Drive.
Community Planning & Development Services Department Items (NONE)
Legal & Finance Committee Items
50. No. LF121411-04 Approve Community Investment (Subsidy) Recommendations from the Allied Arts - $95,000. (referred from December 19, 2011 Council meeting; from the December 28, 2011 Legal & Finance Committee meeting)
Public Works Committee Items
51. No. PW122711-07 Approve the Request from DTH L.L.C. to Waive the Requirement to Immediately Install Sidewalks at Alma Street, Northridge Drive, Sagewood Street, and Gladys Street.
Bids
52. No. CC010312-02.1 Water Reclamation Facility (WRF) Pretreatment Improvements Construction and Installation Project No. WRF11-1928 / CIP No. 50855 (Opened on December 20, 2011)
53. No. CC010312-02.2 2011 ADA Compliance Project, Project No. ADA11-1924 / CIP 50761 (Opened on December 27, 2011)
Alcoholic Beverage License Applications for Reissuance (NONE)
Mayor's Items
54. No. CC010312-04.1 Announcement of Synthetic Drug Abuse Forum on January 24, 2012
55. No. CC010312-04.2 Confirm appointment of Joel Landeen as City Attorney effective January 9, 2012
56. Administer Oath of Office - Joel Landeen, City Attorney
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
57. No. CC010312-03 Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 58 - 62
Open Public Hearing (comment) -- Items 58 - 62 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 58 - 62
CONSENT PUBLIC HEARING ITEMS Item 58 - 62
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
58. Pilot Travel Centers LLC DBA Pilot Travel Center #918, 2783 Deadwood Ave for a Package (off-sale) Malt Beverage & SD Farm Wine License TRANSFER from Bosselman Travel Centers, Inc. DBA Bosselman Travel Center, 2783 Deadwood Ave. (PF-8165)
59. Pilot Travel Centers LLC DBA Pilot Travel Center #918, 2783 Deadwood Ave for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Bosselman Travel Centers, Inc. DBA Bosselman Travel Center, 2783 Deadwood Ave. (RB-2981)
60. Wolfpack LLC DBA Sam & Louies New York Pizzeria, 2101 Mt Rushmore Rd for a Retail (on-off sale) Wine License
61. Wolfpack LLC DBA Sam & Louies New York Pizzeria, 2101 Mt Rushmore Rd for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
62. No. LF122811-15 Resolution No. 2011-156B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (NONE)
BILLS
63. No. CC010312-01 Bill List for January 3, 2012
ADJOURN