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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., January 22, 2013

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

AWARDS AND RECOGNITIONS

1.            Veteran of the Month

2.            Employee Awards

3.            Firewise Community Award – Woodridge Homeowners Association

 

EXECUTIVE SESSION to consult with legal counsel regarding pending litigation pursuant to SDCL 1-25-2(3).

 

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 4 - 63

 

Public Comment opened – Items 4 - 57

Public Comment closed

 

CONSENT ITEMS – Items 4 - 57

 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

 

Approve Minutes

4.            Approve Minutes for the January 7, 2013 Regular Council meeting.

 

Vacations of Right-Of-Way Set for Hearing (February 19, 2013)

5.            No. 12VR006 - Sections 26 and 27, T1N, R7E - A request by Pat Tlustos for Highway 16 Properties, LLC to consider an application for a Vacation of Right-of-Way for property located at the southwest corner of the intersection of US Highway 16 and Catron Boulevard.

 

Set for Hearing (February 4, 2013)

6.            No. LF011613-18 – No. LF011613-18 – Authorize Mayor and Finance Officer to sign Agreement with Yasmeen Dream 2 for Trade of Wally Byam Property with Property Located Immediately Adjacent to the Airport. The property to be traded is legally described as: Yasmeen Dream: A portion of the NE1/4NE1/4; S1/2NE1/4; 1 acre in NE1/4NW1/4; SE1/4NW1/4; Pt. of NE1/4SW1/4 and Pt. OF SW1/4SE1/4, Less Lot H2, Both N of RR; N1/2SE1/4 including 0.5 acres for school in SE1/4NE1/4 Less ROW, T1N, R9E, Section 19, BHM, Pennington County, South Dakota, consisting of approximately 138 acres more or less immediately west of Airport Road. City of Rapid City: The S1/2SW1/4NE1/4 Less Lot H1; S1/2SE1/4NW1/4SW1/4; and W1/2SE1/4, Less Tract A of the E1/2SW1/4 and the W1/2SE1/4, Section 9 T1N, R8E, Less Lot H1 in the NE1/4SW1/4 of Section 9, Less Lot H1 in the S1/2SE1/4NW1/4 of Section 9, Less Lot H2 in the SE1/4SW1/4NE1/4 of Section 9, Less Lot 1 Wally Byam Add., Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, commonly known as the Wally Byam site; Lot 1, Wally Byam Add., Rapid City, Pennington County, South Dakota; The Balance of Tract A of the E1/2SW1/4 and of W1/2SE1/4, Less Lot H1, T1N, R8E, Section 9, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 of Tract A of the NW1/4SW1/4, T1N, R8E, Section 9, Rapid City, Pennington County, South Dakota.

 

Alcoholic Beverage License Applications Set for Hearing (February 4, 2013)

7.            Target Corporation DBA Target Store T-2457, 1415 Eglin Street for a Retail (on-off sale) Wine License

8.            QSL-Rapid City, LLC DBA Quaker Steak & Lube, 3313 E Mall Drive for a Retail (on-sale) Liquor License TRANSFER from Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane

9.            Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (on-off sale) Wine License

10.          Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (on-off sale) Malt Beverage License

11.          Black Hills Arts Resource Center Inc DBA Performing Arts Center of Rapid City, 601 Columbus Street for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for February 22, 23 and 24, 2013 at the Performing Arts Center, 601 Columbus Street

 

Public Works Committee Consent Items

12.          No. PW011513-02 – Approve Change Order #2F to RCS Construction for Perrine Drainage Outfall Element 8, Project No. DR11-1963 / CIP No. 50836, for a decrease of $12,623.40.

 

13.          No. PW011513-03 – Approve Change Order #1 to Rockingtree Landscape for Memorial Park Irrigation Improvements, Project No. 12-2002 / CIP No. 50896, for a decrease of $22,854.59.

 

14.          No. PW011513-04 – Approve Change Order #1 to Heavy Constructors for Jackson Boulevard Utilities – Rapid Creek to Mt. View Road, Project No. SSW09-1509 / CIP No. 50351, for an increase of $5,635.97.

 

15.          No. PW011513-05 – Approve Change Order #1F to Rapid Construction for South Valley Drive Extension, Project No. 11-1960 / CIP No. 50886, for an increase of $2,981.99.

 

16.          No. PW011513-07 – Authorize Staff to Advertise for Bids Pavement Marking - Lane Line Painting, Project No. 13-2083 / CIP No. 50594. Estimated Cost: $95,000.00.

 

17.          No. PW011513-08 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Engineering for Professional Services for Jackson Boulevard Utilities “Breakout” Project, Project No. 12-2081 / CIP No. 50947, in the amount of $74,965.00.

 

18.          No. PW011513-09 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement granted to Black Hills Power Inc. for an area adjacent to Jackson Boulevard. Generally located near the corner of Jackson Boulevard and 32nd Street.

 

19.          No. PW011513-10 – Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and Highway 16 Properties LLC Concerning Access Easement Retained Pursuant to Vacation of Public Right Of Way. Generally located at the southwest corner of Catron Boulevard and South Highway 16. 

 

20.          No. PW011513-11 – Authorize Finance Officer to Cash Certificate of Deposit Held to Secure Paving of Viewfield Avenue and Pay Balance Plus Accrued Interest to Robert Grimm and Donald Grimm per 7/7/2003 Agreement.

 

21.          No. PW011513-28 – Approve Request from Elizabeth and Joseph Kieffer for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 5537 Wildwood Drive – Lot 2 of Green Forest Subdivision, Section 21, T1N, R7E, BHM, Pennington County, South Dakota. Contingent upon property owners signing a waiver of right to protest.

 

22.          No. PW011513-06 – Authorize Staff to Advertise for Bids for the Canyon Lake Dam Reconstruction, Project No. PW08-1743 / CIP No. 50739.  Estimated Cost: $3,518,875.00.

 

23.          No. PW011513-12 – Approve Resolution No. 2012-137 entitled A Resolution of Intent to Enter into Lease of Land With Black Hills BMX Pursuant to SDCL 9-12-5.2.

 

24.          No. PW011513-13 – Approve Resolution No. 2012-138 entitled A Resolution of Intent to Enter into Lease of Land With Black Hills Baseball Pursuant to SDCL 9-12-5.2.

 

25.          No. PW011513-14 – Approve Resolution No. 2012-139 entitled A Resolution of Intent to Enter into Lease of Land With Black Hills Sports, Inc. (Fitzgerald Stadium) Pursuant to SDCL 9-12-5.2.

 

26.          No. PW011513-15 – Approve Resolution No. 2012-140 entitled A Resolution of Intent to Enter into Lease of Land With Rapid City Youth Boxing, Inc. Pursuant to SDCL 9-12-5.2.

 

27.          No. PW011513-16 – Approve Resolution No. 2012-141 entitled A Resolution of Intent to Enter into Lease of Land With Canyon Lake Little League, Inc. Pursuant to SDCL 9-12-5.2.

 

28.          No. PW011513-17 – Approve Resolution No. 2012-142 entitled A Resolution of Intent to Enter into Lease of Land With Church Softball League Pursuant to SDCL 9-12-5.2.

 

29.          No. PW011513-18 – Approve Resolution No. 2012-143 entitled A Resolution of Intent to Enter into Lease of Land With RC Girls Junior Olympic ASA Softball Association, Pursuant to SDCL 9-12-5.2.

 

30.          No. PW011513-19 – Approve Resolution No. 2012-144 entitled A Resolution of Intent to Enter into Lease of Land With Harney Little League, Inc. Pursuant to SDCL 9-12-5.2.

 

31.          No. PW011513-20 – Approve Resolution No. 2012-145 entitled A Resolution of Intent to Enter into Lease of Land With Rapid City Midget Football League, Pursuant to SDCL 9-12-5.2.

 

32.          No. PW011513-21 – Approve Resolution No. 2012-146 entitled A Resolution of Intent to Enter into Lease of Land With Post 320 Baseball, Inc. Pursuant to SDCL 9-12-5.2.

 

33.          No. PW011513-22 – Approve Resolution No. 2012-147 entitled A Resolution of Intent to Enter into Lease of Land With Rushmore Little League, Inc. Pursuant to SDCL 9-12-5.2.

 

34.          No. PW011513-23 – Approve Resolution No. 2012-148 entitled A Resolution of Intent to Enter into Lease of Land With RC Softball League Association, Pursuant to SDCL 9-12-5.2.

 

35.          No. PW011513-24 – Approve Resolution No. 2012-149 entitled A Resolution of Intent to Enter into Lease of Land With Timberline Little League, Inc. Pursuant to SDCL 9-12-5.2.

 

36.          No. PW011513-25 – Approve Resolution No. 2012-150 entitled A Resolution of Intent to Enter into Lease of Land With Rapid City High School Baseball, Pursuant to SDCL 9-12-5.2.

 

37.          No. PW011513-26 – Approve Resolution No. 2012-151 entitled A Resolution of Intent to Enter into Lease of Land With Soccer Rapid City, Pursuant to SDCL 9-12-5.2. 

 

38.          No. PW011513-27 – Approve City Center Wayfinding Sign Package and Request the Mayor to authorize staff to review and issue appropriate permits as necessary.

 

39.          No. PW011513-34 – Acknowledge Street Division Report

 

40.          No. PW011513-33 – Acknowledge Update on Recommendations from Casey Petersen Cemetery Report. 

 

Legal & Finance Committee Consent Items

41.          No. LF011613-02 – Resolution No. 2012-157A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

 

42.          No. LF011613-03 - Resolution 2013-001 Establishing 2013 Encumbrances

 

43.          No. LF011613-04 – Authorize Mayor and Finance Officer to Sign Life Safety Loan Agreement between Way, LLC and the City of Rapid City

 

44.          No. LF011613-05 – Authorize Mayor and Finance Officer to Sign Life Safety Loan Agreement between Rapid River Gallery, LLC and the City of Rapid City

 

45.          No. LF011613-06 – Acknowledge December 2012 General Fund Cash Report

 

46.          No. LF011613-07 – Acknowledge November, 2012 Sales Tax Report

 

47.          Acknowledge the Following Volunteer for Purposes of Worker's Compensation:  Donovan Long Fox, Kathleen Cortez, Elizabeth Gunn, Emily Wingert

 

48.          No. LF011613-08 - Resolution No. 2013-005 Establishing Fees to be Charged in 2013 for Various Licenses, Permits and Applications

 

49.          No. LF011613-09 – Approve Donation of Leave Policy for Employees of the City of Rapid City

 

50.          No. LF011613-10 - Authorize Mayor and Finance Officer to Sign Conditional Package Malt Beverage Licensing Agreement between Fresh Start Convenience Stores, Inc. and the City of Rapid City (520 Birch Avenue)

 

51.          No. LF011613-11 – Acknowledge Raffle Request from American Association of University Women

 

52.          No. LF011603-12 - Approve 2013 Request for Ice Cream Vendor License from Ken Krzyzanowski, d/b/a Mr. Rags Ice Cream

 

53.          No. LF011613-19 – Request the Mayor to authorize staff to work with Pennington County to implement the recommended changes with a dividing line of Country Road or closest to Country Road as possible for Precinct 4-3 to 4-5 and to incorporate the annexations.

 

54.          No. LF011613-15 – Require that alderpersons be advised of the travel expense policy upon election to the Council including the reimbursement policies regarding alderman attendance at local socials and alderman attendance for the Mayor at out of area functions and to recommend that Council leadership conduct a quarterly review of the travel billings.

 

55.          No. CC012213-04.1 - Approve release of investigative report of City alderman with redacted names.

 

56.          Acknowledge discussion regarding alternates on Mayor appointed boards and committees.

 

57.          Acknowledge IFAS replacement discussion.

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items (NONE)

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 58 - 63

 

Public Comment opened – Items 58 - 63

Public Comment closed

 

Ordinances

58.          No. LF011613-16 – First Reading, Ordinance 5907, Supplemental Appropriation No. #1 for 2013.

 

59.          No. LF011613-17 – First Reading, Ordinance No. 5908, An Ordinance Repealing Chapter 2.88 of the Rapid City Municipal Code Concerning the Development Appeals and Review Board.

 

Community Planning & Development Services Department Items (NONE)

 

Legal & Finance Committee Items

60.          No. LF011613-13 – Update on Creation of Regional Rail Authority – Ben Snow

 

Public Works Committee Items

61.          No. PW011513-32 – Haines Avenue & Knollwood Drive Traffic Safety Study – John Less.

 

Compass Committee Items

 

CIP Committee Items

 

Other Board, Commission & Committee Items

 

Bids

62.          No. CC012213-02.1 – Cationic Sludge Polymer for Water Reclamation (Opened on January 15, 2013)

 

Alcoholic Beverage License Applications

Reissuance

            Special Event

 

Mayor's Items

 

Council Items & Liaison Reports

63.          Community expectations of elected officials – Chad Lewis

 

Reconsideration Notices

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

Planning Commission Appeals

DARB Appeals

License Appeals

Sign Code Appeals

Other Appeals Heard by the Council

 

PUBLIC HEARING ITEMS – Items 64 - 66

 

Open Public Hearing (comment) -- Items 64 - 66 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Item 64

 

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

 

Continue the following items until March 4, 2013:

2013 Package (Off Sale) Liquor License Renewals

64.          Yellowrobe Enterprises LLC DBA Dacotah Liquors, 418 Knollwood Dr for a Package (off-sale)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 64 - 66

 

CONSENT PUBLIC HEARING ITEMS – Item 65 - 66

 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

65.          D&S Times Square Inc DBA Breakroom Casino, 355 11th Street for a Retail (on-off sale) Wine License

 

Assessment Rolls

66.          No. LF011613-01 – Resolution No. 2012-151B 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

67.          No. CC012213-01 – Bill List for January 22, 2013

 

ADJOURN