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5:45 P.M., Agenda Review for City Council and Department Heads in 3rd floor West Conference Room (informal discussion; no action will be taken).

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

January 3, 2006 - 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

APPROVE MINUTES of December 19, 2005 and special Council of December 28, 2005

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month for January, 2006

GENERAL PUBLIC COMMENT

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items 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. Timing lights will be used, three minute time limit per speaker.

2.                  Allied Arts City Subsidy, Shannon Paikos

3.                  Status of Adams Street Facility, Jim Albers

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

4.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, and sewer and reduce the surface width along Deadwood Avenue as they abut Lot 1, Block 5, Farrar Business Park, and a portion of the NE1/4 SE1/4, Section 16, all located in the NE1/4 SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Calamity Road and Hickock Trail. (05SV071)

5.                  No. 05SV071 - A request by Sperlich Consulting for Farrar Real Estate, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and sewer and reduce the surface width along Deadwood Avenue and to waive the requirement to install sanitary sewer along Buffalo Bill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot 2, Block 2; Lots 1 and 2, Block 3; Lots 2 and 3, Block 4, Farrar Business Park, and a portion of the NE1/4 SE1/4, Section 16, all located in the NE1/4 SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 5, Farrar Business Park, and a portion of the NE1/4 SE1/4, Section 16, all located in the NE1/4 SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Calamity Road and Hickock Trail.

LEGAL & FINANCE COMMITTEE ITEMS

6.                  No. LF122805-15 Approve Travel Request for Jerry Wright, Solid Waste Operations Division to attend the US Compost Council Annual Conference in Albuquerque, NM, January 22-25, 2006 in an approximate amount of $1,500. 

PUBLIC WORKS COMMITTEE ITEMS

7.                  No. PW122705-01 Change Order No. 1F for Tallent Street Project No. ST03-1263 to Simon Contractors of SD, Inc. for a decrease of $912.75.  (refer to the January 10, 2006 Public Works Committee meeting)

8.                  Acknowledge the ADA Update / Discuss Request for Proposals to update the ADA Transition Plan

9.                  No. PW110105-03 Approve the placement of a traffic signal at Fifth Street and Saint Cloud Street. 

10.             No. PW122705-04 Report on non-conforming sign installation. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

11.             No. LF113005-18A Second Reading, Ordinance No. 5119 Creating the International Building Code Board of Appeals by Amending Section 15.12.590 of the Rapid City Municipal Code. 

12.             No. LF121405-22A Second Reading, Ordinance No. 5121 Creating the International Residence Code Board of Appeals by Amending Section 15.12.150 of the Rapid City Municipal Code. 

13.             No. LF121405-23A Second Reading, Ordinance No. 5122 Creating the International Property Maintenance Code Board of Appeals by Amending Section 15.12.960 of the Rapid City Municipal Code. 

14.             No. 05RZ061 First Reading, Ordinance No. 5123, a request by Larry Nelson for a Rezoning from Low Density Residential District to Medium Density Residential District on all of Block 55, except the S81/2 feet of Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 222 Doolittle Street.

15.             No. 05RZ062 First Reading, Ordinance No. 5124, a request by Dream Design International for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1-18 of Block 1; Lots 1-21 of Block 2; Lots 1-16 of Block 3; Lots 1-7 of Block 4; the Dedicated Right-of-Way and a portion of the E1/2 of the NE1/4 all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Parkview Drive and Enchanted Pines Drive.

16.             No. 05RZ063 First Reading, Ordinance No. 5125, a request by Baffuto Architecture for Destiny Foursquare Church for a Rezoning from Light Industrial District to General Commercial District on Lots 1 and 2 of Buckingham Addition all located in the N1/2 of the NW1/4 of the SE1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 901 and 927 East Philadelphia Street.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 17-18

Consists of items that need to be continued because they are not currently ready for action.

Request of Council Members to Remove Items from the Continued Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Continue the following items until January 16, 2006:

17.             No. 05PL180 - A request by D.C. Scott Co. Land Surveyors for Timberline Corporation for a Preliminary Plat on Lots 1 and 2, Tract G, Fountain Springs Business Park, located in the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract G, Fountain Springs Business Park, located in the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the north side of South Plaza Drive at juncture with Plaza Boulevard.

Continue the following items until February 6, 2006:

18.             No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 19-46

The following items were placed on the Consent Calendar for final action to be taken on all items by a single vote. Any item may be removed from the Consent Calendar by the Mayor, a Council person, or a citizen, for separate consideration.

Public Request for Removal of Items from Consent Calendar

Request of Council Members to Remove items from the Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Set for Hearing (None)

Public Works Committee Consent Items

19.             No. PW122705-05 Authorize the termination of the contract with Banner Associates, Inc. for Construction Fee Determination project. 

20.             Acknowledge the report on snow and ice control.

21.             No. PW122705-02 Authorize the Mayor and Finance Officer to sign a rental agreement for a Canon Image Runner 6000 copier from Best Business Products, under the state rental pricing contract #14498, for a term of 36 months at $298.24 per month for the Water Reclamation Division.

22.             No. PW122705-03 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with CETEC Engineering Services, Inc. for water system model and master planning for the Selador, West Selador, and Terricita North Service Areas Project No. W05-953.M1 / CIP #50318 for an amount not to exceed $9,980

Legal & Finance Committee Consent Items

23.             No. LF122805-01 Approve Travel Request for Mayor Jim Shaw, Malcom Chapman, Tom Johnson, and Ron Kroeger to attend National League of Cities Congressional Cities Conference in Washington, D.C., March 10-15, 2006, in the approximate amount of $12,605. 

24.             Approve appointment of Cathy Druckrey, Coleen Schmidt, Connie Ewing, and Keith Johnson  to the Healthcare Plan Committee effective January 1, 2006. 

25.             Approve re-appointment of Peter Neumann, Vernon Osterloo, and Robb Schlimgen (alternate) to the Zoning Board of Adjustment for a three year term. 

26.             Approve the re-appointment of Dennis Hettich, Citizen Representative, Peter Neumann, Construction Architectural Representative, and Lesley Rutter, Sign Industry Representative to the Sign Code Board of Appeals for a three year term. 

27.             Direct that the IDPF Committee also sit as the .16 Utility Fund Oversight Committee. 

28.             No. LF122805-03 Acknowledge Capital Improvements Program Committee Monthly Update for December, 2005. 

29.             No. LF122805-04 Approve 2005 Capital Plan for Streets, Drainage and MIP Projects for December, 2005. 

30.             No. LF122805-05 Approve Event Permit for Downtown Association to hold a Car and Motorcycle Show on August 7-13, 2006. 

31.             No. LF122805-06 Authorize staff to sign Agreement for Paramedic Intercept Services with Keystone. 

32.             No. LF122805-07 Approve allocation of the arts portion of the City Subsidy in the amount of $97,042. 

33.             No. LF122805-08 Authorize the Mayor and Finance Officer to sign Plan Amendment No. 27 to the City of Rapid City Healthcare Plan. 

34.             No. LF122805-09 Approve Resolution to Establish the Non-Union Position of Traffic Engineer. 

35.             Approve carry-over of $105,000 to FY 2006 for Mt. View and Mt. Calvary Cemeteries Irrigation Systems Project PR05-1531 / CIP #50090. 

36.             Approve the carry over of the remaining balance of $70,300 to FY 2006 for Canyon Lake Drive/ Sheridan Lake Road Irrigation project. 

37.             No. LF122805-10 Approve the carry-over in the amount of $551,978 to FY 2006 for the Parks & Recreation Program. 

38.             No. LF122805-11 Approve the budget amount of $1,036,114 for FY 2006 under the Parks and Recreation Plan. 

39.             No. LF122805-12 Approve increase in cost from $1,798 to $1,928 for Doug Lowe to attend the Pacific Northwest Resource Management School in Port Townsend, Washington, February 4-10, 2006. 

40.             No. LF122805-13 Authorize the Mayor and Finance Officer to sign a Contract with Aquatic Fitness Professionals Association – International for Water Exercise Instructor Course. 

41.             No. LF122805-14 Approve Travel Request for Duncan Olney to attend National Aquatics Conference in Austin, TX, March 1-6, 2006, in an approximate amount of $2,056. 

42.             No. LF122805-16 Approve Resolution Regarding Utility Construction Fees in Auburn Hills Subdivision. 

43.             No. LF122805-17 Acknowledge Raffle Request for Yellow Bike Program and Reconditioned Bikes for Kids, Inc. 

44.             No. LF122805-19 Approve Travel Request for Tom Kurtenbach of the Code Enforcement Office to Attend EduCode International Conference in Las Vegas, NV, February 26-March 2, 2006, in an approximate amount $1,300. 

45.             Approve the following licenses:  Central Station Service:   Central Monitoring Service, Kenneth C Knight; Checkpoint Security Systems Group, Inc, Edward Morrissey; House Mover:  South Dakota Housing Development Authority, Paul Kostboth; Metals & Gems:  Main Furniture Shoppe, Sheryl Uthe; Pawn Shop:  First National Pawn, Inc., Barbara D Forbes; Main Furniture Shoppe, Sheryl Uthe; Pawn-Derosa-Pawn, Carol Allison; Residential Contractor:  Concrete Specialties, Roy England; Giffin Construction Company, Paul Giffin; Second Hand:  Big K Furniture, Kenneth D Sheffield; Main Furniture Shoppe, Sheryl Uthe; Tires Tires Tires Tires, Inc., Ron E Tyrell; Sign Contractor:  TGM Signs, Tim Miller; Taxi Business:  Dial-A-Driver, Mark P Huffman; Rapid Taxi, Inc., Bryan V. Leui; Residential Contractor:  Wade Reynolds, The Construction Company LTD; Electrical Apprentice:  Louis Ewing; Electrical Journeyman:  Dustin Namanny; Mechanical Apprentice:  Toby Price and Loren Two Crow; Mechanical Installer:  Justin Burke; Mechanical Contractor:  Richard Rupp, The Sheet Metal Shop Inc. 

Growth Management Department Consent Items

46.             No. 05PL199 - A request by Lund Associates for Pennington County Housing and Redevelopment for a Preliminary Plat on Lot A, LaCrosse Blakes Addition, formerly Lots 21 - 34, Block 16, and 40 feet of East St. Louis Street between Racine and LaCrosse Blakes Addition, located in the SW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 21 - 34, Block 16, and 40 feet of East St. Louis Street between Racine and LaCrosse Blakes Addition, located in the SW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 101 and 115 LaCrosse Street.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Special Malt Beverage and Wine License

47.             Rapid City Fine Arts Center, Inc. for a special Malt Beverage and Wine License for an event scheduled January 6, 2006 at the Dahl Arts Center, 713 7th Street

Package (Off-Sale) Liquor License Renewals for 2006

48.             Albertsons’, Inc. dba Albertson’s Food Center #845, 855 Omaha Street for a Package (Off-Sale) Liquor License

Retail (On-Sale) Wine License Renewals for 2006

49.             Manna, Inc. dba Roadhouse Nightclub & Grill, 1900 N. Maple Avenue for a Retail (On-Sale) Wine License

Set for Hearing (January 16, 2006)

Package (Off-Sale) Liquor License Renewals for 2006

50.             Dakotas Best dba Dakotas Best, Rushmore Mall, 2200 N. Maple Avenue for a Package (Off-Sale) Liquor License

Retail (On-Sale) Wine License Renewals for 2006

51.             Hanna Khoury dba Khoury’s Mediterranean Cuisine, 2520 West Main Street for a Retail On-Sale Wine License

Retail (On-Sale) Liquor License TRANSFER

52.             SKS Productions dba Venue Eight, 504 Mt. Rushmore Road for a Retail (On-Sale) Liquor License transfer from Taira L. Hoeye dba St. Joe Pub

ITEMS FROM THE MAYOR

53.             2012 Report

54.             No. LF122805-18 Confirm appointment of Kevin Lewis as Assistant City Attorney I

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

54.A.   Discussion of increasing the Airport Board to seven members, Alderman Schumacher

FINANCE OFFICER’S ITEMS

55.             No. CC010306-03 Approve Contract with Time Equipment Rental & Sales, Inc. in the amount of $264 for the Street Division

BID AWARDS

56.             No. CC121905-02 Gas Chromatograph Mass Spectrometer for Rapid City Police Department (opened December 15, 2005)

57.             No. CC010306-02 Three (3) New Type III Class I Star-of-Life Certified Ambulances, Fire & Emergency Services (opened December 23, 2005)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

58.             No. CC010306-01 Bill List for January 3, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADJOURN