AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., February 21, 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. Veteran of the Month
2. Employee Awards
3. Presentation by West Boulevard Neighborhood Association to Rapid City Historic Preservation Commission
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 4 66
Public Comment opened Items 4 51
Public Comment closed
CONSENT ITEMS Items 4 49
Remove Items from the Consent Items and Vote on Remaining Consent Items
APPROVE MINUTES
4. Approve Minutes for the February 6, 2012 Regular Council meeting and the February 15, 2012 Special Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (March 5, 2012)
5. Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for April 10, 2012 at Mt Rushmore Black Hills Gold Factory & Outlet Store, 2707 Mt Rushmore Road
6. Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for June 12, 2012 at A & B Business Solutions, Inc., 1822 W Kansas City Street
7. Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for July 10, 2012 at Gunderson, Palmer, Nelson & Ashmore, LLP, 506 Sixth Street
Public Works Committee Consent Items
8. No. PW021412-17 Confirm Reappointment of Ken Vahle to the Urban Forestry Board.
9. No. PW021412-02 Approve Change Order No.4 to RCS Construction for Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004, for an increase of $12,617.43.
10. No. PW021412-03 Approve Change Order No. 4 to Upper Plains Construction for Catron Boulevard Reconstruction Utility Relocation and Modification, Project No. SSW09-1819 / CIP No. 50495, for an increase of $81,318.80.
11. No. PW021412-04 Approve Change Order No. 1F to Heavy Constructors for Downtown Improvement Project Sixth Street from Kansas City Street to Omaha Street, Project ST10-1817 / CIP No. 50138, for a decrease of $108,038.10.
12. No. PW021412-05 Approve Change Order No. 1F to Traffic Services Company, LLC for 2010 Roadway Marking Project, Project No. PM10-1861 / CIP No. 50593, for a decrease of $5,671.46.
13. No. PW021412-06 Authorize Staff to Advertise for Bids for Street Rehabilitation Project E. Denver Street Area, Project No. 12-1989 / CIP No. 50844. Estimated Cost: $220,000.00.
14. No. PW021412-07 Authorize Staff to Advertise for Bids for Cambell Street Manhole Replacement, Project No. 12-1997 / CIP No. 50875. Estimated Cost: $50,000.00.
15. No. PW021412-08 Authorize Staff to Advertise for Bids for East St. Joseph Street Overlay and Watermain Reconstruction, Project No. 11-1908 / CIP No. 50801. Estimated Cost: $1,350,000.00.
16. No. PW021412-09 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and SAIC Energy, Environment and Infrastructure, LLC for the Landfill Gas Utilization Study in the amount of $79,250.00.
17. No. PW021412-10 Approve the Request from 3T's Land Development LLC to Waive the Requirement to Immediately Install Sidewalks at Minnesota Ridge Subdivision, Phase 2, 3, and 4B.
18. No. PW021412-16 Acknowledgement of Traffic Study at East Oakland and Merlot Drive.
19. No. 12TP001 Approval of Resolution #2012-016 for Transportation Improvement Program Projects funded by the Urban Systems Program in 2013 2017.
20. No. PW021412-14 Acknowledge Board and Committees Consolidation Study.
21. No. PW021412-15 Approve Request from Black Hills Farmers Market to Locate Market in Frisbee Golf Course Parking Lot at the Intersection of Cross Street and Omaha, during the month of June, 2012 and to move back to Founders Park as soon as construction allows.
22. No. PW021412-11 Acknowledge Water Division Report John Wagner
23. No. PW021412-12 Acknowledge Report - Traffic Calming John Less.
24. No. PW021412-18 Approve the Mountain Pine Beetle Suppression Plan additions and authorize an additional $200,000.00 for the Mountain Pine Beetle Suppression Plan.
Legal & Finance Committee Consent Items
25. No. LF021512-01 Acknowledge Report on All Nighter Adult Softball Tournament and Approve Tournament Request to be held June 15-16, 2012
26. No. LF020112-02 Confirm Appointment of Kathleen Sheets to the Mayor's Committee for People with Disabilities for a Term to Expire December 31, 2013
27. No. LF021512-02 - Authorize Mayor and Finance Officer to Sign Electric Cooperative Revenue Agreement Between the City of Rapid City, West River Electric Association and Black Hills Electric Cooperative, Inc. for 2014
28. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Christian Barrere, Janet Bradbury, Jesse Cantrell, Alessandra Gamboa, Paula Herrod, Jolene Schafer, Jonathan Spencer, and Keith Taylor
29. No. LF021512-03 - Authorize Mayor and Finance Officer to Sign Agreement for Professional Services Between the City of Rapid City and the Rapid City Area Chamber of Commerce
30. No. LF021512-04 Approve Resolution No. 2012-017A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
31. No. LF021512-21 Approve Resolution No. 2012-023 to Establish a List of Persons from Whom to Select Freeholders to Appraise Surplus Properties
32. No. LF021512-06 Approve Resolution 2012-022 Resolution Writing Off Uncollectible Accounts Receivable Accounts (Parking Violations).
33. No. LF021512-07 - Acknowledge January 2012 General Fund Cash Report
34. No. LF021512-08 - Acknowledge December 2011 Sales Tax Report
35. No. LF021512-09 Approve Travel Request for Chaz Fondren and Bryce Green to Attend Paramedic Training at Western Dakota Tech in Rapid City, SD, in the Approximate Amount of $10,973.22
36. No. 02TI001 Approve Resolution No. 2012-011 to Dissolve Tax Increment Financing District No. 35 Generally Described as Being Located West of Elk Vale Road and North of South Dakota Highway 44 East
37. No. 05TI011 Approve Resolution No. 2012-012 to Dissolve Tax Increment Financing District No. 55 Generally Described as Being Located North and South of Country Road and East and West of Haines Avenue
38. No. LF021512-10 Authorize Mayor and Finance Officer to Sign Local Governing Body Approval Form for Black Hills Area Habitat for Humanity Application to South Dakota Housing Development Authority for HOME Funds
39. No. LF021512-11 Authorize Mayor and Finance Officer to Sign Local Governing Body Approval Form (Exhibit 3) and Support Letter for Jonathan Reed & Associates, LLC Application to South Dakota Housing Development Authority for Low Income Housing Tax Credits and/or HOME funds
40. No. LF021512-18 - Authorize Mayor and Finance Officer to Sign Rapid City Senior Plan Survey Agreement with Robinson & Muenster Associates
41. No. LF021512-19 - Authorize Mayor and Finance Officer to Sign Rapid City Senior Plan Survey Agreement with University of South Dakota
42. No. LF021512-13 Approve 2012 Request for Ice Cream Vendor License from Keith Storm d/b/a Pied Piper
43. No. LF021512-14 Acknowledge Raffle Request from Black Hills Area Habitat for Humanity
44. No. LF021512-15 Acknowledge Raffle Request from Western Resources for dis-ABLED Independence
45. Acknowledge update from Rapid City Economic Development Partnership Incubator Progress and Opportunity Capture Fund.
46. No. LF021512-22 Request the Mayor to Authorize Staff to review the changes in state law regarding alcohol and special events and bring a list identifying those changes to the February 29, 2012, Legal and Finance Committee meeting for discussion and direction.
47. No. LF092811-30A Deny Second Reading, Ordinance No. 5758, An Ordinance to Amend the Security License Regulations by Amending Chapter 5.52 of the Rapid City Municipal Code and to Request the Mayor to Authorize the City Attorney's office to work with Chief Allender and bring back an amendment to the existing Security License Regulations ordinance based on the Chief's recommendations.
Community Planning & Development Services Department Consent Items
48. No. 12PL003 Acknowledge applicant's withdrawal of request by FMG, Inc. for SC Building, LLC for a Layout Plat for proposed Lots A, B and C of Symcom Subdivision, legally described as Lot 2a of Tract A, Less Lot 1 of Lot 2a of Tract A of Control Data Addition located in the SW1/4 of NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east and north of Disk Drive located east of the intersection of Haines Avenue and Disk Drive.
49. No. 12VE001 Acknowledge applicant's withdrawal of request by Advanced Engineering for Terry W. and Debra Henrikson for a Vacation of an Access Easement for the access easement located within the vacated alley between Tract B and Tract F of Block 1 of Feigel Subdivision located in Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 930 East North Street.
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 50 - 51
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until March 5, 2012:
50. No. 11PL077 - A request by Dream Design International, Inc. for Hagg Development, Inc. for a Preliminary Plat for proposed Lots 2, 3 and 4 of Block 1 of Gateway Business Park Subdivision, legally described as a portion of the NW1/4 of the SE1/4, and a portion of Lot E of the S1/2 of the SE1/4 of Section 28 located in the W1/2 of the SE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of East Mall Drive and Outfitter Road.
51. No. 12PL002 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for a Preliminary Plat for proposed Lot 6 of North 80 Subdivision, legally described as Unplatted Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Stumer Road and Shelby Avenue.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 52 - 66
Public Comment opened Items 52 - 66
Public Comment closed
Ordinances
52. No. 11OA012 Second Reading, Ordinance No. 5772, An Ordinance Adopting New Subdivision Regulations by Amending Chapter 16 of the Rapid City Municipal Code with the addition of Section 16.04.110.
53. No. LF101211-08 Second Reading, Ordinance No. 5767, An Ordinance to Modify the Length of Term of the Mayor by Amending Section 2.12.020 of the Rapid City Municipal Code.
54. No. LF101211-09 Second Reading, Ordinance No. 5768, An Ordinance to Establish the Qualifications and Term of Office for Aldermen by Adding Section 2.08.005 to the Rapid City Municipal Code.
55. No. LF020112-23 Second Reading, Ordinance No. 5793, An Ordinance to Regulate Streets, Sidewalks and Public Places by Repealing Title 12 of the Rapid City Municipal Code and Replacing it with a New Title 12 of the Rapid City Municipal Code.
56. No. LF020112-24 Second Reading, Ordinance No. 5794, An Ordinance to Regulate Public Utilities and Services within the City of Rapid City by Repealing Title 13 of the Rapid City Municipal Code and Adding a New Title 13 to the Rapid City Municipal Code.
57. No. LF020112-25 Second Reading, Ordinance No. 5795, An Ordinance Regulating Travel Parks by Repealing Chapter 12.44 of the Rapid City Municipal Code and Adopting a New Chapter 15.52 of the Rapid City Municipal Code.
58. No. LF021512-20 First Reading, Ordinance No. 5799, An Ordinance Establishing that Applications Submitted Pursuant to Title 17 be Signed by the Owner of Property Identified in the Application or By Their Designated Agent by Adding Section 17.54.065 to the Rapid City Municipal Code.
Community Planning & Development Services Department Items
59. No. 11PL068 - A request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Preliminary Plat for proposed Lot 8 of Block 1 of Menard Subdivision, legally described as a portion of the NE1/4 of the SW1/4 of Section 32, and a portion of the NW1/4 of the SE1/4 of Section 32 located in the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the south side of East Anamosa Street southeast of the intersection East Anamosa Street and North Creek Drive.
60. No. 12PL001 - A request by Britton Engineering & Land Surveying, Inc. for Larry D. Wiechmann for a Layout Plat for proposed Lots AR and BR of Lot 1 of U. V. Johnson Subdivision, legally described as Lots A and B of Lot 1 of U. V. Johnson Subdivision located in the NW1/4 of the NW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located along the north side of Sheridan Lake Road approximately 550 feet east of the intersection of Sheridan Lake Road and Clarkson Road.
Legal & Finance Committee Items
61. No. LF021512-16 Adoption of the City of Rapid City Records Retention Policy.
62. No. LF021512-12 Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the City of Rapid City and Fraternal Order of Police Regarding Changes to the City's Compensation Scale.
Public Works Committee Items
63. No. 12VE002 Fox Run Subdivision - A request by Advanced Engineering for Ray Lipsey to consider an application for a Vacation of a Utility and Minor Drainage Easement for Lot A2R of Block 2 of Fox Run Subdivision located in the NE1/4 NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3625 5th Street.
64. No. PW021412-13 Request from Centerline for an Exception to Waive the Requirement to Install Sidewalk Along the North Side of Philadelphia Street per City Ordinance 12.16.080 for the Property located at SW1/4NE1/4 less ROW, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota.
Bids
65. No. CC022112-02.1 Fulton Street Water & Sewer Reconstruction Project, Project No. 12-2000 / CIP No. 50893 (Opened on February 14, 2012)
Alcoholic Beverage License Applications for Reissuance (None)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
66. No. CC022112-04.1 Charles Desmond Appeal of Denial of Application for Private Security License
CIP Committee Items
PUBLIC HEARING ITEMS Items 67 - 84
Open Public Hearing (comment) -- Items 67 - 84 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 67 - 68
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until March 5, 2012:
67. No. 11SV024 - A request by Dream Design International, Inc. for Hagg Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Interstate 90, to reduce the width of the common access and parking easement from 59 feet to 40 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the common access and parking easement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 2, 3 and 4 of Block 1 of Gateway Business Park Subdivision, legally described as NW¼ of SE¼ North of Interstate 90 Less Lot H13, less the Mall Drive Subdivision, less the Gateway Business Park Subdivision and less right of way; Lot E of the S½ of the SE¼ less the Gateway Business Park Subdivision all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of East Mall Drive and Outfitter Road.
68. No. 12SV001 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Catron Boulevard as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 6 of North 80 Subdivision, legally described as Unplatted Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Stumer Road and Shelby Avenue.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 67 - 84
CONSENT PUBLIC HEARING ITEMS Item 69 - 81
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
69. No. 12TI001 A request by Dream Design International, Inc. for Technology Housing, LLC to consider an application for a Resolution Creating Tax Increment District No. 72 for Lots 1 through 16 and the alley adjacent to Lots 1 through 16 of Block 3 of Denman's Subdivision all located in SW1/4 of the NW1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of East Saint Joseph Street between Elm Avenue and Birch Avenue.
70. No. 12TI002 A request by Dream Design International, Inc. for Technology Housing, LLC to consider an application for a Tax Increment District No. 72 Project Plan for Lots 1 through 16 and the alley adjacent to Lots 1 through 16 of Block 3 of Denman's Subdivision all located in SW1/4 of the NW1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of East Saint Joseph Street between Elm Avenue and Birch Avenue.
Alcohol Licenses
71. MG Oil Company DBA Market Square II, 1624 East St Patrick St, Suite 103 and outside patio 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 (Continued from January 17, 2012 Council meeting)
72. Rapid City/BH Lodging LLC DBA Cambria Suites, 3333 Outfitters Road for a Retail (on-off sale) Wine License (Continued from the February 6, 2012 Council meeting)
73. Rapid City/BH Lodging LLC DBA Cambria Suites, 3333 Outfitters Road for a Retail (on-off sale) Malt Beverage License (Continued from the February 6, 2012 Council meeting)
74. B & C Inc DBA Ifrit's Hookah Lounge, 725 St Joseph Street for a Retail (on-off sale) Wine License TRANSFER from Charles J Desmond General Partnership DBA Ifrit's Hookah Lounge, 725 St Joseph Street (No. CC020612-04.2)
75. B & C Inc DBA Ifrit's Hookah Lounge, 725 St Joseph Street for a Retail (on-off sale) Malt Beverage License TRANSFER from Charles J Desmond General Partnership DBA Ifrit's Hookah Lounge, 725 St Joseph Street (No. CC020612.04.3)
76. Cimarron Casino Inc DBA GAP Casino II, 1727 W Main Street, Suite 2A for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Cimarron Casino Inc DBA Chicago St Casino, 3609 Sturgis Road
77. Bob's Amoco, Inc DBA Bob's Amoco, 721 Mt Rushmore Road for a Package (off-sale) Malt Beverage License
78. Fuji Japanese Steakhouse, Inc. DBA Fuji Japanese Steakhouse, Inc., 1731 Eglin Street, for a Retail (on-off sale) Wine License
79. Fuji Japanese Steakhouse, Inc. DBA Fuji Japanese Steakhouse, Inc., 1731 Eglin Street, for a Retail (on-off sale) Malt Beverage License
80. Black Hills Chapter of Germans from Russia Heritage Society DBA Black Hills Chapter of Germans from Russia Heritage Society for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for February 26, 2012 at the Blessed Sacrament Parish Center, 4500 Jackson Boulevard
Assessment Rolls
81. No. LF021512-17 Resolution No. 2012-001B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 82 - 84
82. No. 11VR009 - A request by Sperlich Consulting, Inc. for OTS, Inc. for a Vacation of Right-of-Way for a portion of the Overview Lane right-of-way located in the S1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Catron Boulevard and Nugget Gulch Road.
83. No. 12CA001 - A request by John Sundby and Robert T. Sundby for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Commercial for Lot 1 less Lot H1 of Una Del Acres No. 2 located in Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Catron Boulevard and Sheridan Lake Road.
84. No. 12RZ001 - Second Reading, Ordinance 5798, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by John Sundby and Robert T. Sundby for a Rezoning from Low Density Residential District to Office Commercial District for Lot 1 less Lot H1 of Una Del Acres No. 2 located in Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Catron Boulevard and Sheridan Lake Road
BILLS
85. No. CC022112-01 Bill List for February 21, 2012
ADJOURN