AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., July 1, 2013
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITIONS OF COUNCIL MEMBERS
RECESS TO SWEAR IN NEWLY ELECTED MAYOR AND COUNCIL MEMBERS
(Ten minute recess to follow swearing in)
RECONVENE
ADOPTION OF AGENDA
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.
ELECTION OF OFFICERS
1. Election of Council President
2. Election of Council Vice President
Mayor's Items
3. No. CC070113-04.1 - Rapid City Public Libraries Board Semi-Annual Update Rod Pettigrew, Chairperson; Maryanne Rohrer, Vice Chairperson; Terri Davis, Interim Library Director
NON-PUBLIC HEARING ITEMS -- Items 4 - 63a
Public Comment opened Items 4 48a
Public Comment closed
CONSENT ITEMS Items 4 - 48a
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the June 17, 2013 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (July 15, 2013)
5. Platinum Restaurant Group Inc DBA Marcos Pizza #4010, 4040 Cheyenne Blvd, Suite A for a Retail (on-off sale) Wine License
6. Platinum Restaurant Group Inc DBA Marcos Pizza #4010, 4040 Cheyenne Blvd, Suite A for a Retail (on-off sale) Malt Beverage License
7. Sadaco Inc DBA Baymont Inn & Suites, 4040 Cheyenne Blvd for a Retail (on-off sale) Wine License
8. First Northern Bank of Wyoming DBA Dacotah Liquor, 418 Knollwood Drive for a Package (off-sale) Liquor License TRANSFER from Yellowrobe Enterprises LLC DBA Dacotah Liquors, 418 Knollwood Drive (PL-4610 - Inactive)
9. Museum of the American Bison for a SPECIAL EVENT Wine License for an Event Scheduled for August 9, 2013 at the Museum of the American Bison, 607 St Joseph Street
Public Works Committee Consent Items
10. No. PW062513-02 Confirm the Reappointments of Linda Marchand, John Brewer, and Andrew Scull to the Planning Commission and Cody Raterman as Alternate #1 to the Planning Commission.
11. No. PW062513-03 Approve Change Order #2F to Lind Exco Inc. for West Boulevard Sanitary Sewer Reconstruction, Project No. 11-1961 / CIP No. 50794, for a decrease of $22,682.15.
12. No. PW062513-04 Approve Change Order #3F to RCS Construction for Northridge Water Booster Station, Project No. W10-1898 / CIP No. 50834, for an increase of $7,581.73.
13. No. PW062513-05 Authorize Mayor and Finance Officer to Sign Permanent Utility Easement for Black Hills Power, Inc. (Generally located along Jackson Boulevard by the Cleghorn Fish Hatchery)
14. No. PW062513-06 Authorize Mayor and Finance Officer to Sign Covenant Agreement Securing the Future Dedication of ROW along East Saint Patrick Street as it abuts 1111 E Saint Patrick Street Tract A of the NW ¼ of the NE ¼, SEC 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.
15. No. PW062513-07 Authorize Mayor and Finance Officer to Sign Covenant and Hold Harmless Agreement Between The City of Rapid City and L&C Revocable Trust to Allow Certain Driveway Improvements to Encroach into the Public Right of Way at 2015 Sheridan Lake Road.
16. No. PW062513-08 Authorize Mayor and Finance Officer to Sign Resolution No. 2013-065 a Resolution of Intent to Enter into a Lease of Real Property with Hills Materials Company Pursuant to SDCL 9-12-5.2. (Property Location 225 E Main Street N)
17. No. PW062513-09 Authorize Staff to Advertise for Bids for Roosevelt Park 50-Meter Pool, Project No. 13-2090 / CIP No. 50948. Estimated Cost: $3,100,000.00.
18. No. PW062513-10 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project Winfield Court to Odde Drive, Project No. 13-2096 / CIP No. 50844. Estimated Cost: $200,000.00.
19. No. PW062513-11 Authorize Staff to Advertise for Bids for WRF Interim Trickling Filter Pump Station Improvements-Construction, Project No. 13-2105 / CIP No. 50966. Estimated Cost: $370,000.00
20. No. PW062513-12 Authorize Staff to Advertise for Bids for WRF Interim Trickling Filter Pump Station Improvements-Pump Procurement, Project No. 13-2105 / CIP No. 50966. Estimated Cost: $110,000.00.
21. No. PW062513-13 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project Circle Drive, Project No. 13-2108 / CIP No. 50844. Estimated Cost: $200,000.00.
22. No. PW062513-15 Approve Request by Richard Max Carlson for an Exception to Waive the Requirement to install Sidewalk per City Ordinance 12.08.060 for the Property Located at 1416 Fulton Street Lots 1 4 of Block 10 in Lamperts Addition, Sec 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
23. No. PW062513-16 Authorize Mayor and Finance Officer to Sign Agreement with Heartland Outdoors, Inc. dba TrailArts, for City Parks Trail Maintenance & Improvements, at a cost not to exceed $31,000.00.
24. No. PW062513-17 Authorize the Mayor and Finance Officer to Sign Amendment to Professional Services Agreement with Wyss Associates, Inc. for Sweet Creek Trail, in an amount not to exceed $7,090.00.
25. No. PW062513-18 Authorize Staff to Seek Proposals for Skyline Wilderness Park Trailhead Development Project, Project No. PR13-6109, CIP No. 51002.
26. No. PW062513-19 Acknowledge Update on Spring 2013 Code Enforcement Activity.
27. No. PW061113-13 Acknowledge Applicant's Request to Withdraw Appeal of Denial of Request for an Exception from Renner and Associates for Doyle Estes to Waive the Requirement to Install 16 Feet of Additional Pavement Along Dyess Avenue for the Proposed Property Located on the East Side of Dyess Avenue, approximately 1,500 feet north of Seger Drive (13EX116) Proposed lots located in the NW1/4 SW1/4, Section 21, T2N, R8E, BHM, Pennington County, South Dakota. (Continued from the June 11, 2013, Public Works Committee Meeting)
28. No. PW061113-14 Acknowledge Applicant's Request to Withdraw Appeal of Denial of Request for an Exception from Renner and Associates for Doyle Estes to Waive the Requirement to Install Curb & Gutter Along Dyess Avenue for the Proposed Property Located on the East Side of Dyess Avenue, approximately 1,500 feet north of Seger Drive (13EX117) Proposed lots located in the NW1/4 SW1/4, Section 21, T2N, R8E, BHM, Pennington County, South Dakota. (Continued from the June 11, 2013, Public Works Committee Meeting)
29. No. PW061113-15 Acknowledge Applicant's Request to Withdraw Appeal of Denial of Request for an Exception from Renner and Associates for Doyle Estes to Waive the Requirement to Install Sanitary Sewer Along Dyess Avenue for the Proposed Property Located on the East Side of Dyess Avenue, approximately 1,500 feet north of Seger Drive (13EX123) Proposed lots located in the NW1/4 SW1/4, Section 21, T2N, R8E, BHM, Pennington County, South Dakota. (Continued from the June 11, 2013, Public Works Committee Meeting)
30. No. PW062513-22 Acknowledge Report - Update on Letter from the South Dakota Department of Environment and Natural Resources
31. No. PW062513-23 Acknowledge Support for the Police Department in the process to help alleviate the parking problems in the 6th and St Joe Lease Parking Lot During Special Events.
32. No. PW062513-21 Acknowledge Report from the Storm Water Drainage Utility Task Force and Recommend that Council leadership schedule four hearings for public input and that Council leadership recommend a course of action by October 1, 2013, to the full City Council.
Legal & Finance Committee Consent Items
33. No. LF062613-01 Confirm Reappointment of Anna Huntington to the Performing Arts Center Board of Directors
34. No. LF062613-02 Confirm Reappointments of Tim Standing Soldier and Susan Timmons to the Human Relations Commission
35. No. LF062613-03 Acknowledge Event Permit from Central States Fair for Kick Off Parade on August 17, 2013
36. No. LF062613-04 Authorize Mayor and Finance Officer to Sign Promulgation Statement and Adoption of the Pennington County Pre-Disaster Mitigation Plan (PDM)
37. No. LF062613-05 Acknowledge Letter from Compass.
38. No. LF062613-06 Resolution No. 2013-068 of Governing Body Appointing Authorized City Representatives for South Dakota Federal Property Agency
39. No. LF062613-07 Resolution No. 2013-069 Authorizing Finance Office to Issue Treasurer's Checks for Payment of Debt Service
40. No. LF062613-08 Resolution No. 2013-066A Fixing Time and Place for Hearing on Assessment Roll for a Business Improvement District 2013
41. No. LF062613-10 Resolution No. 2013-067 Declaring Miscellaneous Personal Property Surplus
42. No. LF062613-11 Acknowledge April 2013 Sales Tax Report.
43. No. LF062613-12 Acknowledge May 2013 General Fund Cash Report.
44. No. LF062613-13 Add SDRS Roth 457 Program Option to Rapid City Employee Benefit Plan
45. No. LF062613-14 Authorize Mayor and Finance Officer to Sign Covenant for Cross-Use Agreement between the City of Rapid City and Atlantis, LLC
46. No. 13TP030 -- Authorize Mayor and Finance Officer to Sign the Professional Services Agreement with Felsburg Holt & Ullevig for the Box Elder Master Transportation Plan in an Amount not to Exceed $125,000
47. No. LF062613-15 Acknowledge Raffle Request from 28 MOS Unit Advisary Council
48. No. LF062613-16 Acknowledge Raffle Request from Baseball Parents, Inc. (Post 22 Baseball)
48a. No. CC070113-04.4 Approve Request for Authority to apply for the Edward Byrne Memorial Justice Assistance Grant in the amount of $55,215, and to accept if awarded
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 49 - 63a
Public Comment opened Items 49 - 63a
Public Comment closed
Ordinances
49. No. 13RZ012 - First Reading, Ordinance 5943, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to Office Commercial District for property generally described as being located at 2020 Wesleyan Boulevard.
50. No. 13RZ013 - First Reading, Ordinance 5944, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to General Commercial District for property generally described as being located south of SD Highway 44 and east of Elk Vale Road.
51. No. 13RZ014 - First Reading, Ordinance 5945, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to Medium Density Residential District for property generally described as being located south of SD Highway 44 and east of Elk Vale Road.
52. No. 13RZ015 - First Reading, Ordinance 5946, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to Low Density Residential District for property generally described as being located south of SD Highway 44 and east of Elk Vale Road.
53. No. LF062613-18 First Reading, Ordinance No. 5948, An Ordinance Allowing the Throwing of Candy and Other Items at Parades by Repealing Section 12.20.100 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items
54. No. 13PL048 - A request by Renner and Associates, LLC for DKEA, LLC for a Preliminary Subdivision Plan for Drainage Lot 1, Lots 1 thru 8 of Block 14 of Red Rock Meadows Subdivision, generally described as being located east of the current northern terminus of Dunsmore Road.
55. No. 13PL049 - A request by Dream Design International, Inc. for a Preliminary Subdivision Plan for Lots 1 thru 3 of Orchard Meadows Subdivision, generally described as being located south of SD Highway 44 and east of Elk Vale Road.
Legal & Finance Committee Items
56. No. LF062613-17 Back Yard Hens Report - Savannah Steen, Brita Craven, Callum Kerr, and Brooke Romeo of Rapid City Hens
56a. No CC070113-04.3 - Authorize Mayor to Sign Local Governing Body Approval Form for Evangelical Lutheran Good Samaritan Society Project Application to SD Dept of Health for 20 Skilled Nursing Beds
Public Works Committee Items
57. No. PW062513-20 Discussion by Ken Edel Regarding Denial of Claim for Water Service Line on Behalf of Homeowners at 1905 38th Street.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
58. No. CC070113-02.1 Pavement Rehabilitation Project Bel Aire Dr, Wayside Dr and Belmont Dr, Project No. 12-2071 / CIP No. 50549
59. No. CC070113-02.2 - Minnekahta Drive Area Watermain and Sanitary Sewer Reconstruction, Project No. 11-1980 / CIP No. 50826
60. No. CC070113-02.3 - One (1) New Current Model Year Vacuum Street Sweeper, Street Division
61. No. CC070113-02.4 One (1) New Current Model Year Tandem Dump Truck with Plow and Slide-In Sander, Street Division
62. No. CC070113-02.5 - Landfill Cell 16 Expansion General Construction Rapid City Municipal Landfill, Project No. 13-2111
63. No. CC070113-02.6 - Landfill Cell 16 Liner Installation Rapid City Municipal Landfill, Project No. 13-2112
Alcoholic Beverage License Applications
Reissuance
Special Event
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
63a. No. CC070113-04.2 - Update on Fireworks Fire Department
Appeals
Planning Commission Appeals
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 64 - 75
Open Public Hearing (comment) -- Items 64 - 75 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 64 - 75
CONSENT PUBLIC HEARING ITEMS Item 64 - 68
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
64. No. 13CA008 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Public to Residential for property generally described as being located south of SD Highway 44 and east of Elk Vale Road.
65. No. 13CA009 - A request by Dream Design International, Inc for an Amendment to the Comprehensive Plan to change the land use designation from Public to Residential for property generally described as being located south of SD Highway 44 and east of Elk Vale Road.
Alcohol Licenses
66. CCW, LLC DBA HuHot Mongolian Grill, 1745 Eglin St, Suite 990 for a Retail (on-off sale) Wine License
67. CCW, LLC DBA HuHot Mongolian Grill, 1745 Eglin St, Suite 990 for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
68. No. LF062613-09 Resolution No. 2013-048B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 69 - 75
69. No. 13RZ007 - Second Reading, Ordinance 5932, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to Public District for property generally described as being located west of North Elk Vale Road and south of Country Road.
70. No. 13RZ008 - Second Reading, Ordinance 5933, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to General Commercial District for property generally described as being located on the southeast corner of Tatanka Road and Harley Drive intersection.
71. No. 13RZ009 - Second Reading, Ordinance 5934, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from General Agricultural District to General Commercial District for property generally described as being located north of I-90 east of Exit 55.
72. No. 13RZ010 - Second Reading, Ordinance 5935, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from No Use to General Commercial District for property generally described as being located north of I-90 east of Exit 55.
73. No. 13RZ011 - Second Reading, Ordinance 5936, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning from Medium Density Residential District to Light Industrial District for property generally described as being located on the south side of North Plaza Drive approximately 450 feet east of the intersection of Fountain Plaza Drive and North Plaza Drive.
74. No. 13TI002 - A request by Dream Design International, Inc. for Dennis Zandstra Real Estate Holdings, LLC for a Resolution Creating Tax Increment District #74 property generally described as being located south and west of Elks Country Estate north and south of Elk Vale Road and east of S.D. Highway 79.
75. No. 13TI003 - A request by Dream Design International, Inc. for Dennis Zandstra Real Estate Holdings, LLC for a Tax Increment #74 Project Plan for property generally described as being located south and west of Elks Country Estate north and south of Elk Vale Road and east of S.D. Highway 79.
BILLS
76. No. CC070113-01 Bill List for July 1, 2013
ADJOURN