AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., July 2, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
CANVASS VOTES
1. No CC070212-04.2 - Canvass Votes from the June 26, 2012 Municipal Secondary Election
RECOGNITIONS OF COUNCIL MEMBERS
RECESS TO SWEAR IN NEWLY ELECTED COUNCIL MEMBERS
RECONVENE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
2. Citizen of the Month
ELECTION OF OFFICERS
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
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 3 - 55
Public Comment opened Items 3 - 46
Public Comment closed
CONSENT ITEMS Items 3 - 46
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
3. Approve Minutes for the June 18, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (July 16, 2012)
4. Everest Cuisine LLC DBA Everest Cuisine, 2328 West Main Street for a Retail (on-off sale) Wine License
5. Everest Cuisine LLC DBA Everest Cuisine, 2328 West Main Street for a Retail (on-off sale) Malt Beverage License
6. Frank Boyle DBA Rummy's (InActive), 2525 West Main Street for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Dealer Exchange Inc DBA Rummy's, 2200 N. Maple Ave Unit 478 for a Retail (on-off sale) Malt Beverage License with Video Lottery
7. Black Hills Food Services Inc DBA Fuddruckers, 2200 N Maple Ave #330 for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for July 28, 2012 at Bio Fusion, 1660 Deadwood Avenue
Public Works Committee Consent Items
8. No. PW062612-02 Acknowledge Letter from the National Forest Service.
9. No. PW062612-03 Approve Change Order #2F to Mainline Contracting for North Pinedale Water Storage Reservoir, Project No. W10-1890 / CIP No. 50832, for a decrease of $17,978.22.
10. No. PW062612-04 Authorize Staff to Advertise for Bids for Rapid City Regional Airport Water Main Construction Project Four, Project No. 12-2014 / CIP No. 50901. Estimated Cost: $1,000,000.00.
11. No. PW062612-21 Authorize Mayor and Finance Officer to Execute Agreements with the SDDOT to transfer title to the Friendship House Property, generally located at 211 West Boulevard North in the amount of $70,000.00.
12. No. PW062612-05 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Silver Street Area Utility Improvements Phase 2 Gold Street, Project No. 12-2020 / CIP No. 50828, in the amount of $82,905.00.
13. No. PW062612-06 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and Ferber Engineering Inc. for Dyess Avenue Drainage and Channel Improvements, Project No. 12-2032 / CIP No. 50934, in the amount of 104,835.00.
14. No. PW062612-07 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and 42nd Street Design Studio for Memorial Park and Civic Center Irrigation Improvements Phase 2, Project No. 12-2002 / CIP No. 50896, in the amount of $26,976.00.
15. No. PW062612-08 Acknowledge Report on Memorial Park and Civic Center Irrigation Improvements.
16. No. PW062612-10 Authorize Staff to Purchase one (1) 2012 Ford F250 Regular Cab 4x4 from McKie Ford for $22,222.00 using State Contract #16220 specifications.
17. No. PW062612-09 Approve the Acceptance of the Infrastructure for GLM Subdivision No. 2 11PL008, DEV11-1048.
18. No. PW062612-11 Approve the Request from Founders Park North LLC to Allow the Construction of Retaining Walls on the Property Line Adjacent to the Public Right-of-Way.
19. No. PW062612-18 Acknowledge Report on Mountain View / Calvary Cemetery.
20. No. PW062612-19 Acknowledge Final Report on Horace Mann Park Pool Replacement Feasibility Study.
21. No. PW062612-12 Acknowledge Report on Lane Widths and Striping of Center Turn Lanes on 5th Street.
22. No. PW062612-13 Request the Mayor to Authorize Staff to send the property owners on Canyon Lake Drive between Dakota Drive and Sheridan Lake Road a notice that the City Council will be considering ordering in sidewalks
23. No. PW062612-14 Request the Mayor to Authorize Staff to send the property owners on Red Dale Drive and Hillsview Drive a notice that the City Council will be considering ordering in sidewalks.
24. No. PW062612-15 Request the Mayor to Authorize Staff to Send Notice to Property Owners to Construct or Repair Sidewalks for Code Enforcement Compliance.
25. No. PW062612-16 Approve funding for a Comprehensive Plan Update.
26. No. PW062612-17 Request the Mayor to Authorize Staff to prepare the documents to gift the property at 820 Lemmon Avenue to NeighborWorks with the stipulation that FEMA and floodplain regulations must be complied with and no certificate of occupancy will be issued until all regulations are met.
27. No. PW062612-20 Acknowledge Civic Center Report
28. No. PW062612-23 Acknowledge Infrastructure Funding Discussion
Legal & Finance Committee Consent Items
29. No. LF062712-01 - Sioux Falls Water Ski Club Request Permission to Hold Ski Show on Canyon Lake on July 28, 2012, with an Alternative Date of July 29, 2012
30. No. LF062712-03 Acknowledge Letter from the Journey Museum
31. No. LF062712-13 Acknowledge Report from Chief Allender Regarding Summer Nights Set-Up and Road Closure Times
32. No. LF062712-02 - Authorize Staff to Advertise for Bids for Five Philips Monitors
33. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Cindy Fox
34. No. LF062712-04 Resolution No. 2012-073A Fixing Time and Place for Hearing on Assessment Roll for a Business Improvement District 2012
35. No. LF062712-05 Resolution No. 2012-074A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
36. No. LF062712-06 Authorize Mayor and Finance Officer to Sign Engagement Letter with Ketel Thorstenson LLP for FY2011 Audit Services
37. No. LF062712-07 Approve Cancellation of 2009 Memorandum of Understanding with Pennington County Sheriff Department
38. No. LF062712-08 Resolution No. 2012-077 Amending the Plan for Projects to be Funded from the Rapid City Economic Development and Civic Improvements Fund
39. No. LF062712-09 - Acknowledge Raffle Request from ABANA
40. No. LF062712-10 Acknowledge Raffle Request from Preventive Health Strategies
41. No. LF062712-11 Acknowledge Raffle Request from South Dakota Youth Hunting Adventures
42. No. LF062712-12 Find that all feasible and prudent alternatives to the demolition of the garage at 908 South Street have been pursued and that all possible planning to minimize harm to historic property has taken place and moved to authorize the required notice to be forwarded to the State Historical Preservation Office, Office of History.
43. Acknowledge report regarding stationary.
Community Planning & Development Services Department Consent Items
44. No. 12AN002 - Acknowledge withdrawal of a request by LaDale and Monica (Lomheim) Besler for a Petition for Annexation for Lot A of Tract O less lots H1, H2, & H3 of Grays Subdivision, located in Section 32, T2N, R7E, BHM, Pennington County, South Dakota, located at 5215 South Canyon Road.
Continued Consent Items Continue the following items until July 16, 2012:
45. 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.
46. No. 12PL008 - A request by Century Resources, Inc. for a Preliminary Plat for proposed Lot 8 and Lot 9 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.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 47 - 55
Public Comment opened Items 47 - 55
Public Comment closed
Ordinances
47. No. LF061312-18 Second Reading, Ordinance No. 5845, An Ordinance to Change the Terms and Criteria of the Life Safety Loan Program by Amending Chapter 3.28.020 of the Rapid City Municipal Code.
48. No. LF061312-19A Second Reading, Ordinance No. 5847, An Ordinance Imposing Additional Requirements for Projects Approved through the Rapid City Economic Development and Civic Improvements Fund (The Vision Fund) by Amending Section 3.16.020 of the Rapid City Municipal Code.
49. No. 12OA004 - First Reading, Ordinance 5850, An Ordinance Permitting Temporary Quarries and Mining of Construction Aggregate and Rock to be Processed and Used in Construction as a Conditional Use within the General Agricultural Zoning District by amending Section 17.34.030 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items (None)
Legal & Finance Committee Items
50. No. LF020112-26A Approve Resolution No. 2012-070 Amending the Rapid City Code of Conduct for Elected Officials in Order to Incorporate Due Process.
Public Works Committee Items
51. No. PW061212-03 Confirm Appointments to the Code Enforcement Board of Appeals. (continued from the June 18, 2012 Council)
52. No. PW062612-22 Confirm Appointments to the Planning Commission.
Bids
53. No. CC070212-02.1 Canyon Lake Dam Reconstruction Vision 2012 Phase Four, Project No. PW08-1743 / CIP No. 50739 (Opened on June 19, 2012)
54. No. CC070212-02.2 Pavement Rehabilitation Project Falcon Drive & Lawrence Court, Project No. 12-1988 / CIP No. 50844 (Opened on June 26, 2012)
Alcoholic Beverage License Applications (None)
Mayor's Items
55. CC070212-04.1 - Mayor's 2013 Budget Presentation
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
CIP Committee Items
PUBLIC HEARING ITEMS Items 56 - 62
Open Public Hearing (comment) -- Items 56 - 62 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Item 56
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until July 16, 2012:
56. 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 56 - 62
CONSENT PUBLIC HEARING ITEMS Items 57 - 60
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
57. 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 August 16, 2012 at Soul Mates, 616 St Joseph Street.
58. MG Oil Company DBA Rushmore Casino II, 1808 Mt Rushmore Road for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Nifty Fifties, Inc DBA Parkway Restaurant, 312 East Blvd N for a Retail (on-off sale) Malt Beverage License with Video Lottery
59. MG Oil Company DBA Mt Rushmore Rd Casino, 2208 Mt Rushmore Rd for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Warehouse Sports Bar, 200 E Main Street for a Retail (on-off sale) Malt Beverage License with Video Lottery
Assessment Rolls
60. No. LF061312-16 Approve Resolution No. 2012-054B Levying Assessment for Cleanup of Miscellaneous Property. (continued from June 18, 2012 Council)
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 61 - 62
61. No. 12RZ009 - Section 26, T2N, R7E Second Reading, Ordinance 5846, 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 Bailey Associates, Inc. to consider an application for a Rezoning from Low Density Residential District to General Agriculture District for the SE1/2 SW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of the eastern terminus of Commerce Road.
62. No. 12VR005 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way for the alley right-of-way located in Block 3 of Denman's Addition located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of East Saint Joseph Street and north of East Kansas City Street between Elm Avenue and Birch Avenue.
BILLS
63. No. CC070212-01 Bill List for July 2, 2012
ADJOURN