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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., February 4, 2013
ROLL CALL AND DETERMINATION OF QUORUM
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month
2. Valentine McGillycuddy Day Proclamation
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 - 73
Public Comment opened Items 3 - 55
Public Comment closed
CONSENT ITEMS Items 3 - 55
Remove Items from the Consent Items and Vote on Remaining Consent Items
3. Approve Minutes for the January 22, 2013 Regular Council meeting and the January 28, 2013 Special Council (Retreat) meeting.
Vacations of Right-Of-Way Set for Hearing (March 4, 2013)
4. No. 12VR009 - Sections 26 and 27, T1N, R7E - A request by Highway 16 Properties, LLC to consider an application for a Vacation of a Section Line Highway for property generally described as being located west of South U.S. Highway 16 and south of Catron Boulevard.
Alcoholic Beverage License Applications Set for Hearing (February 19, 2013)
5. Scottish and Irish Society, 1302 Downing St for a SPECIAL EVENT Liquor License for an Event Scheduled for March 16, 2013 at Canyon Lake Chophouse, 2720 Chapel Lane
6. Fresh Start Convenience Stores, Inc. DBA Fresh Start, 2215 N Haines Ave for a Package (off-sale) Malt Beverage License TRANSFER from Superpumper Inc DBA Superpumper #27, 2215 Haines Ave
7. Fresh Start Convenience Stores, Inc. DBA Fresh Start, 3275 Cambell Street for a Package (off-sale) Malt Beverage License TRANSFER from Superpumper Inc DBA Superpumper #16, 3275 S Hwy 79
8. Cadpar LLC DBA Sólace, 5734 Sheridan Lake Road, Suite 204 for a Retail (on-off sale) Wine License
9. Canvas 2 Paint, Inc DBA Canvas 2 Paint, Inc, 632 St Joseph St for a Retail (on-off sale) Wine License
10. Canvas 2 Paint, Inc DBA Canvas 2 Paint, Inc, 632 St Joseph St for a Retail (on-off sale) Malt Beverage License
Public Works Committee Consent Items
11. No. PW012913-02 Confirm Appointment of Shawn Krull to the Historic Preservation Commission.
12. No. PW010213-07 Approve Funding of $500,000.00 for the Streets and Drainage Portion of the 5th Street Oversize Utility Support Fund and SAB Fund Oversight Committee. (Continued from the January 2, 2013, Public Works Committee Meeting)
13. No. PW012913-04 Approve Change Order #1F to Timber Ridge Construction for Red Rock Reservoir Driveway Improvements, Project No. 12-2056 / CIP No. 50942, for a decrease of $2,704.00.
14. No. PW012913-05 Approve Change Order #4 to Mainline Contracting Inc. for Elm Avenue Reconstruction E Oakland Street to Utah Street, Project No. ST10-1777 / CIP No. 50643, for a decrease of $129,303.72.
15. No. PW012913-06 Authorize Staff to Advertise for Bids for West Chicago and Staton Place Reconstruction and Drainage Improvements, Project No. 12-1187 / CIP No. 50364. Estimated Cost: $2,435,000.00.
16. No. PW012913-07 Authorize Staff to Advertise for Bids for 2012 Annual 4 Watermain Replacement Project, Project No. 12-1925 / CIP No. 50835/50844. Estimated Cost: $485,000.00.
17. No. PW012913-08 Authorize Staff to Advertise for Bids for 30 Steel Water Main Cathodic Protection (CPS) Rehabilitation, Project No. 12-2015 / CIP No. 50902. Estimated Cost: $225,000.00.
18. No. PW012913-09 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and DTH LLC for Oversize Water Transmission Main for Oversize Project Improvements for a maximum of $97,580.30. Generally located North of Seger Drive on Dyess Avenue.
19. No. PW012913-10 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and TSP Inc. for Minnekahta Drive Area Watermain and Sanitary Sewer Reconstruction, Project No. 11-1980 / CIP No. 50826, in the amount of $7,242.50.
20. No. PW012913-11 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Fourfront Design Inc. for Kansas City Street Reconstruction Project 5th Street to East Boulevard, Project No. 12-2005 / CIP No. 50119, in the amount of $18,527.50.
21. No. PW012913-12 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Inc. for Professional Services for Silver Street Interchange Utility Reconstruction, Project No. 12-2053 / CIP No. 50940, in the amount of $142,784.00.
22. No. PW012913-13 Authorize Mayor and Finance Officer to Sign Joint Powers Maintenance and Encroachment Agreement between the Department of Transportation and the City of Rapid City.
23. No. PW012913-14 Authorize Mayor and Finance Officer to Sign Utilities Certificate, Right-of-Way Certificate, and Letting Authorization for East North Street Reconstruction, Project No. 12-2017 / CIP No. 50865, State Project P1774(04), PCSN 02SE.
24. No. PW012913-15 Approve Request from Prairie Berry Winery for Disposal of Winery Waste.
25. No. PW012913-16 Authorize Farmers Market to operate in Founders Park for the 2013 season.
26. No. PW012913-17 Change Order No. 1 for Skyline Trail Construction, Phase One, Project No. PR08-6006, Heartland Outdoors dba TrailArts, Inc. for an increase of $4,002.70.
27. No. 13TP001 Authorize Staff to Advertise the Request for Proposals for the Box Elder Master Transportation Plan.
28. No. 13TP002 Approve the 2013-2017 Transportation Improvement Program Amendment #13-001.
29. No. 13TP003 Approve the Resolution for Transportation Improvement Program Projects funded by the Urban Systems Program in 2014-2018. (Resolution 2013-006)
30. No. PW012913-19 Authorize the Mayor and Finance Officer to Sign Professional Service Contract with B.F. Variety Store, Inc. (Matt Kimball) for Pro Shop Management and Adult Golf Instruction at Meadowbrook Golf Course.
31. No. PW012913-20 Approve the Request for an Exception from Dream Design International, Inc. to Utilize Sewer Main Termination Cleanouts for the Proposed East Minnesota Street from Elks Crossing to the East Section Line of Section 16 and Section 21 with the installation of a manhole at a later date in lieu of the installation of a cleanout today.
32. No. PW012913-21 Acknowledge Water Reclamation Division Report
33. No. PW012913-23 Identity Council Contingency as the Funding Source for Appraisal of 3213 Dover Street.
34. No. PW012913-24 Authorize Staff to Purchase a Roll Off Truck from Eddie's Truck Center for $144,705.00 Using City Bid Price from May 29, 2012.
Legal & Finance Committee Consent Items
35. No. LF013013-01 Acknowledge Capital Improvement Program Committee Monthly Update for January 2013
36. No. LF013013-02 Approve Funding for Red Dale Drive Traffic Calming Project and Pedestrian Ramps in the Amount of $75,000
37. No. LF013013-03 Approve Event Permit for Kirk Funeral Home Free Senior Movie Days on July 19, December 6, and December 13
38. No. LF013013-04 Request Permission to Apply for and Accept a Grant Offered by the Bureau of Land Management, through their Wildland Urban Interface Community Assistance Program
39. No. LF013013-05 Resolution No. 2013-007 Declaring Miscellaneous Real Property Surplus
40. No. LF013013-07 Acknowledge Update from Opportunity Capture Fund/IDPF Committee
41. No. LF013013-08 Resolution No. 2013-009 Declaring Miscellaneous Personal Property Surplus
42. No. LF013013-06 Resolution No. 2013-010 Writing Off Uncollectible Accounts Receivable Accounts
43. No. LF013013-09 Authorize Finance Officer to Request Bids for Off-Sale Package Liquor License, Minimum Bid $500
44. No. LF013013-10 Authorize Mayor and Finance Officer to Sign Release and Indemnity Agreement with Linda's Lyrics, LLC, with Funding Source of Council Contingency
45. No. LF013013-11 Acknowledge 30-Day Extension Request to South Dakota Department of Legislative Audit for the 2012 Annual Report for the City of Rapid City
46. No. LF013013-12 Authorize Mayor and Finance Officer to Sign Subordination Agreement for Pam Carlberg
47. No. LF013013-13 Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and SSST LLC and Zandstra Construction, Incorporated for the Completion of Subdivision Improvements for Elks Crossing Subdivision
48. No. LF013013-14 - Authorize Mayor and Finance Officer to Sign Agreement for Domestic Violence and Sexual Assault Victim Services between the City of Rapid City and Working Against Violence, Incorporated
49. No. LF013013-15 Acknowledge Raffle Request from American Heart Association, Inc.
50. No. LF013013-16 Acknowledge Raffle Request from Greater Dacotah Chapter Safari Club International
51. No. LF013013-17 Acknowledge Raffle Request from South Dakota Dental Foundation
52. Acknowledge discussion on Binge Drinking Games Held by Rush Hockey in the Civic Center.
53. No. LF013013-20 Approve Resolution No. 2013-008 to Support Senate Bill No. 169 Authorizing Assignment of Insurance Payments to Ambulance Service Providers.
54. No. LF013013-22 Approve a finding that all feasible and prudent alternatives to the siding and window replacement at 920 St. James Street have been pursued and that all possible planning to minimize harm to historic property has taken place.
55. No. LF013013-18 Request the Mayor to Authorize staff to develop a policy regarding invocation at City Council meetings for presentation at the February 4, 2013 City Council meeting.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 56 - 73
Public Comment opened Items 56 - 73
Public Comment closed
56. No. LF011613-16 Second Reading, Ordinance 5907, Supplemental Appropriation No. #1 for 2013.
57. No. LF011613-17 Second Reading, Ordinance No. 5908, An Ordinance Repealing Chapter 2.88 of the Rapid City Municipal Code Concerning the Development Appeals and Review Board.
58. No. 12OA009 - First Reading, Ordinance 5881, An Ordinance Amending Portions of Chapter 17.50 and Section 17.50.010 Regarding the Chapter Title (Chapter 17.50: Supplementary Regulations Applicable to Some or All Districts), Article I Title (Article I. Development Standards for Conditional Uses), and General Regulations Section and Adopting New Chapter Title (Chapter 17.50: Supplementary Regulations), Article Title (Article I. Development Requirements and Standards for Conditional Uses, Planned Development Overlay Districts, Planned Unit Development Zoning Districts, and Administrative Exceptions), and General Provisions Section in Section 17.50.010 of the Rapid City Municipal Code
59. No. 12OA010 - First Reading, Ordinance 5882, An Ordinance Amending Section 17.50.050 of the Rapid City Municipal Code Regarding Public Notice Requirements for the Planned Development Overlay District
60. No. 12OA011 - First Reading, Ordinance 5883, An Ordinance Repealing Sections 17.50.080 Through 17.50.100 Titled Reserved and Adopting Signage, On-Premises Signage, and Off-Premises Signage Regulations Previously Codified in Title 15 with Amendments
61. No. 12OA012 - First Reading, Ordinance 5884, An Ordinance Adopting a New Section 17.50.340 Regarding Regulations for Fences and Walls
62. No. 12OA013 - First Reading, Ordinance 5885, An Ordinance Repealing Section 17.50.380 Regarding a Redundant Section Regulating Off-Premises Signage as a Conditional Use
63. No. 12OA014 - First Reading, Ordinance No. 5886, An Ordinance Amending Chapter 17.54 Regarding Administration and Enforcement Regulations of the Rapid City Municipal Code
64. No. LF013013-23 - First Reading, Ordinance No. 5901, An Ordinance Repealing Chapter 15.40 Fences and Walls of the Rapid City Municipal Code
65. No. LF013013-24 - First Reading, Ordinance No. 5903, An Ordinance Repealing Chapter 15.28 Sign Code of the Rapid City Municipal Code in Order to Move the Sign Code to Chapter 17.50 of the Rapid City Municipal Code
66. No. LF013013-25 - First Reading, Ordinance No. 5904, An Ordinance Repealing Chapter 15.29 On-Premises Signage of the Rapid City Municipal Code in Order to Move On-Premises Signage to Chapter 17.50 of the Rapid City Municipal Code
67. No. LF013013-26 - First Reading, Ordinance No. 5905, An Ordinance Repealing Chapter 15.30 Off-Premises Signage of the Rapid City Municipal Code in Order to Move Off-Premises Signage to Chapter 17.50 of the Rapid City Municipal Code
Community Planning & Development Services Department Items (NONE)
Legal & Finance Committee Items
68. No. LF013013-21 Resolution No. 2013-004 to Increase the Rates for Leased Parking in City-Owned Parking Lots.
Public Works Committee Items
69. No. PW012913-18 Authorize the Mayor and Finance Officer to sign Concession Agreement with Canyon Lake Chophouse for food and beverage concession at Meadowbrook Golf Course.
70. No. PW012913-22 Recommendations Regarding the Ticketing of Building Contractors that Back into On-Street Parking Stalls to Facilitate the Loading of Supplies.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
71. No. CC020413-02.1 Golf Cart Fleet for Meadowbrook and Executive Golf Courses (Opened on January 21, 2013)
72. No. CC020413-02.2 Arrowhead Drainage Basin Detention Cells 200 & 201 Maintenance Project No. DR12-2037 / CIP No. 50786 (Opened on January 29, 2013)
73. No. CC020413-02.3 Citizen Campus Solid Waste Division Project No. 13-2057 (Opened on January 29, 2013)
Alcoholic Beverage License Applications
Council Items & Liaison Reports
Motion for Delivery of Items from Committee
Planning Commission Appeals
Sign Code Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 74 - 79
Open Public Hearing (comment) -- Items 74 - 79 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 74 - 79
CONSENT PUBLIC HEARING ITEMS Item 74 - 77
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
74. Target Corporation DBA Target Store T-2457, 1415 Eglin Street for a Retail (on-off sale) Wine License
75. Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (on-off sale) Wine License
76. Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (on-off sale) Malt Beverage License
77. 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
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 78 - 79
78. QSL-Rapid City, LLC DBA Quaker Steak & Lube, 3313 E Mall Drive for a Retail (on-sale) Liquor License TRANSFER Effective March 1, 2013 from Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane
79. No. LF013013-27 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Yasmeen Dream 2, L.L.C. to Exchange the Wally Byam Site for Land Adjacent to the Rapid City Regional 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.
80. No. CC020413-01 Bill List for February 4, 2013