AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for
AWARDS
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
1 - 62
Public Comment opened – Items 1 – 48
Public Comment closed
CONSENT ITEMS – Items 1 – 46
Remove Items from the “Consent Items”
and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (
1.
No.
09VR008 - A request by Fisk Land Surveying & Consulting Engineers for Recreational
Adventures for a Vacation of Section Line Right-of-way of the portion of undeveloped Section Line Right-of-way,
located in Tract A of the SE1/4 SW/14 of Section 4 and the NE1/4 NW1/4 of Section
9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
at 3010 East Highway 44.
2.
No.
09VR009 - A request by Ferber Engineering Co., Inc. for South Dakota Game Fish
and Parks for a Vacation of Right-of-Way of the North 40th Street Right-of-Way located in Section
33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly
described as: Commencing at a found plastic cap marked Renner #2652 at the Northwest
corner of Lot 4 of Block 1 of Tract G of Meadowwood Subdivision along the southern
right-of-way line of Dean Lane, the true point of beginning; THENCE, S01º57’54”W,
a distance of 149.60’ feet to a found cap marked Polenz #4208; THENCE, S01º57’54”W,
a distance of 130.02 feet; THENCE, N88º03’10”E, a distance of 60.06 feet; THENCE,
N01º58’10”E, a distance of 279.68 feet to a found cap marked FMG #4225; THENCE,
N00º22’58”E, a distance of 89.86 feet to a found cap marked Renner #2652; THENCE,
S88º00’09”E, a distance of 60.09 feet; THENCE, S02º03’12”W, a distance of 60.58
feet to the true point of beginning. Said
Alcoholic Beverage License Applications Set for Hearing
(
3.
TADY
LLC DBA Sports Buzz,
4.
First
National Bank Rapid City,
5.
Rapid
City Area Chamber of Commerce for a Special Event Beer and Wine License for an
event scheduled
6.
Rapid
City Area Chamber of Commerce for a Special Event Beer and Wine License for an
event scheduled
7.
Rapid
City Area Chamber of Commerce for a Special Event Beer and Wine License for an
event scheduled
Public Works Committee Consent Items
8.
Authorize Staff to Solicit Proposals for Energy Efficiency and Renewable
Energy Initiative for
9.
No. PW122909-01 – Approve Change
Order No. 1 to Rapid Construction Company LLC for the Rapid River Subdivision
Sanitary Sewer Extension, Project No. SS06-1587 / CIP No. 50653, for a decrease
of $1,387.77.
10.
No. PW122909-02 – Approve Change
Order No. 1 to Simon Contractors of SD, Inc. for the 5th Street Pedestrian
Crossing, Project No. ST08-1764 / CIP No. ST08-1764, for an increase of $1,140.00.
11.
No. PW122909-03 – Approve Change
Order No. 2 to Seco Construction, Inc. for the
12.
No. PW122909-04 – Approve
13.
No. PW122909-05 – Approve Well
No. 13 Raw Water Meter Installation, Project No. W10-1846 / CIP No. 50781.
Estimated Cost: $30,000.00.
14.
No. PW122909-06 – Approve
15.
No. PW122909-07 – Approve 2010
Street Division Dump Truck with Snow Plow Attachment. Budgeted item to replace
1995 IHC with 107,337 miles. Estimated cost: $130,000.
16.
No. PW122909-08 – Approve 2010
Street Division Pothole Patch Truck. Budgeted item to replace 1998 ThermoLay
Patch Truck with 91,000 miles. Estimated cost: $155,000.00.
17.
No. PW122909-09 – Approve
18.
No. PW122909-10 – Authorize
Mayor and Finance Officer to Sign Agreements Necessary for
19.
No. PW122909-11 – Authorize
Mayor and Finance Officer to Sign Agreements Necessary for
20.
No. PW122909-12 – Authorize
Mayor and Finance Officer to Sign an Agreement with American Engineering Testing,
Inc. for Sampling, Analysis, and Reporting Related to 2010 Environmental Monitoring
for the
21.
No. PW122909-13 – Authorize
Mayor and Finance Officer to Sign an Agreement with American Engineering Testing,
Inc. for Calculating Greenhouse Gas Emissions for the
22.
No. PW122909-14 – Authorize
Mayor and Finance Officer to Sign a Professional Services Agreement with
23.
No. PW122909-15 – Authorize
Mayor and Finance Officer to Sign an Agreement with David and Cara Wise for the
Acquisition of a Permanent Utility Easement and H
24.
No. PW122909-16 – Authorize
Mayor and Finance Officer to Sign an Agreement with the Hawthorne Ditch Co. for
Vacation and Release of Irrigation Right of Way across Portions of Tract 1 and
2 of Bradsky No. 2 Subdivision.
25.
No. PW122909-17 – Authorize
Mayor and Finance Officer to Sign Agreements Necessary for the State to
26.
No. PW122909-18 – Authorize
Staff to Purchase Roadway Deicing Salt for 2010 off State Contract. Estimated
cost: $500,000.00.
Legal & Finance Committee Consent Items
27.
No.
LF123009-01 – Confirm appointment of Tim Erickson, Jim Mann, and Floyd
Schafer to the Trenching Board.
28.
No.
LF123009-02 – Confirm appointment of Gary Brown to the Sign Board of Appeals
(Planning Commission Representative).
29.
No.
LF123009-03 – Confirm appointment of William Morrison and David Ashbridge
to the Residential Contractor Board.
30.
No.
LF123009-04 – Confirm appointment of Bill Waugh to the Tax Increment Financing
Guidelines Review Committee.
31.
Request
that the confirmation request for new board members from the Mayor’s office include
a list of the current board members with their expiration dates.
32.
No.
LF120209-03A – Acknowledge report regarding 2012 Process – Phase 4.
33.
No.
LF123009-05 – Acknowledge Capital Improvements Program Committee monthly
update for December 2009.
34.
No.
LF123009-06 – Approve the Capital Plan for Streets, Drainage, MIP Projects
for December 2009.
35.
Approve
recommendation to move forward with the traffic safety analysis to
be funded out of the 2010 PL funds.
36.
No.
LF123009-07 – Approve recommendation of the allocation of Parks and Recreation
CIP contingency funds in the amount of $18,226 to the Wilderness Park Playground
Renovation Project.
37.
Authorize
the Parks and Recreation Director to go directly to Council to request emergency
funding ($50,000) in the event that a boiler at the
38.
Recommend
carrying over the $70,000 for cemetery road paving and irrigation into 2010 to
allow staff to begin design work for that project.
39.
Recommend
carrying over the $70,000 for cemetery road paving and irrigation into 2010 to
allow staff to begin design work for that project.
40.
Request
staff to prepare a report regarding the professional service contracts entered
into in 2009 under $25,000 and bring the report to the January 13, 2010, Legal
and Finance Committee meeting and request quarterly reports thereafter regarding
the same to the Legal and Finance Committee meeting.
41.
No.
LF123009-08 – Approve Resolution No. 2009-173 Writing Off Credit Balance
Water Billing Accounts.
42.
No.
LF123009-09 – Approve Resolution No. 2009-174 Writing Off Uncollectable
Utility Billing Accounts as amended ($50 to BHPL).
43.
No.
LF123009-10 – Authorize Mayor and Finance Officer to sign Combined Election
Agreement with Pennington County for the 2010 Municipal Election to be held on
June 8, 2010.
44.
No.
LF123009-11 – Authorize Mayor and Finance Officer to sign Second Amendment
to Professional Service Agreement by and Between the City of Rapid City and Occupational
Health Network, Inc.
45.
No.
LF123009-12 – Authorize Mayor and Finance Officer to sign Medical Director
Agreement with Dr. Kelly Manning.
46.
No.
LF123009-13 – Authorize Mayor and Finance Officer to sign Release with
Walgar Development Corporation.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
47 – 48
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
January 19, 2010:
47.
No.
08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for
a Preliminary
Plat on Lot 13 of Block 6, Lots 2 thru
11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in
a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north
of Carl Avenue.
48.
No.
09PL061 - A request by Fisk Land Surveying & Consulting Engineers for Hewey
Clemmons for a Layout and Preliminary Plat on Lots A and B of Clemmons Addition, located in the S1/2
SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally
described as A portion of the balance of Lot 3
of the S½SW¼, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown
on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning
at the northeast corner of said balance of Lot 3, said point being located along
the north-south quarter section line and also along the southerly edge of the
adjoining railroad right-of-way; thence, southerly along said quarter section
line, S00º04’53”W a distance of 1,050.36 feet, more or less; thence, N63º41’40”W
a distance of 205.00 feet, more or less; thence, N84º39‘26”W a distance of 270.00
feet, more or less; thence, N33º30’20”W a distance of 84.00 feet, more or less;
thence, N00º00’00”W a distance of 796.70 feet, more or less; thence, N57º23’22”W
a distance of 117.40 feet, more or less; thence, N03º48’46”E a distance of 95.00
feet, more or less; thence, N12º39’32”W a distance of 150.00 feet more or less
to a point on the north line of said Lot 3; thence, easterly along the north line
of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on
the southerly line of the adjoining railroad right-of-way; thence, southeasterly
along the southerly edge of the adjoining right-of-way, curving to the left on
a curve with a radius of 5907.9 feet, a delta of 04º17’31”, an arc length of 442.55
feet, and a chord bearing and distance of S62º19’02”E 442.44 feet, more or less;
thence, continuing southeasterly along the southerly edge of the adjoining right-of-way,
S64º32’29”E a distance of 72.19 feet more or less, to the point of beginning,
located at 6299 East Highway 44.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 49 – 62
Public Comment opened – Items 49 – 62
Public Comment closed
Ordinances
49.
No.
09RZ055 – First Reading, Ordinance 5571,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to Mobile
Home Residential District of Lot 19
of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, located at 2807 Cactus Drive.
50.
No.
09RZ056 – First Reading, Ordinance 5572,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to General
Agriculture District of Lot D and Lot
E of the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, located east of South Valley
Drive and south of S.D. Highway 44.
51.
No.
LF040109-24A - First Reading, Ordinance No. 5501, An Ordinance to Prohibit
the Feeding of Wildlife and Waterfowl in the City of Rapid City by Establishing
Chapter 6.16 of the Rapid City Municipal Code
52.
No.
LF120209-01A – Second Reading, Ordinance No. 5569, An Ordinance to Allow
for the Conversion of an On-Premises Sign to Off-Premises Sign for More than One
Parcel by Amending Subsection Q of Section 15.28.050 of the Rapid City Municipal
Code.
Growth Management Department Items (None)
Legal & Finance Committee Items
53.
No.
LF121609-11 – Authorize the Mayor and Finance Officer to sign License Agreement
for Police Department Training at
54.
No.
LF123009-14 – A request to authorize Mayor and Finance Officer to sign
Supplemental Memorandum of Understanding between the City of
Public Works Committee Items
55.
No.
09EX117 – Deny a Request to allow a residential driveway approach opening
width greater than 20’ for a residential lot located at
56.
No.
CC010410-05 - A request by Bob Brandt to appeal the Denial of the Request
for Exception to City Standards to Allow a Non-Conforming Water and Sewer Line.
57.
No.
09FV014 - Section
29, T2N, R7E – Approve with stipulations a request by FMG, Inc. for Good Samaritan Society to consider
an application for a Fence Height Exception to allow a seven foot high fence
in the Medium Density Residential and General Agriculture Zoning Districts
on the SE1/4 SW1/4 and the SW1/4 SW1/4 and the
NE1/4 SW1/4 and the NW1/4 SE1/4 all in Section 29, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota, more generally described as being located
southwest of the intersection of St. Martins Drive
and Sturgis Road.
58.
No.
09VE017 - Red
Rock Meadows Subdivision – Approve a request by K1 Construction, Inc. to consider an application for a Vacation of
a portion of a Minor Drainage and Utility Easement on Lot 10 of Block 7 of Red Rock Meadows Subdivision, located
in the SW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, more generally described as being located at 6515 Seminole Lane.
Bids
59.
No.
CC122109-02.1 –
60.
No.
CC010410-02 –
High Nitrate Content Hay Bales (Opened
Mayor’s Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
61.
No.
CC010410-03 – Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
62.
No.
CC010410-04 - A request by Terry Olson, Lamar Outdoor Advertising, to
appeal the denial of an application for a Variance
to the Sign Code to exceed the height and square footage of an off premise sign,
to reduce the spacing from other off premise signs, to allow an on premise sign
within 50 feet of an off premise sign and to allow an over head service lateral
for an off premise sign per Section 15.28.160 of the Rapid City Municipal Code
located at 1808 Mount Rushmore Road, legally described as Lot 1-3, Block 21, West
Boulevard, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 63 – 68
Open Public Hearing (comment) -- Items 63 – 68
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 63 – 64
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
January 19, 2010:
63.
Authorize the Mayor and Finance Officer to sign the waiver of right
to protest a future assessment for the installation of curb, gutter, street light
conduit, sidewalk along one side of the street and water along the access street
as they abut a portion of the balance of Lot 3 of the S½SW¼, Section 14, T1N,
R8E, BHM, Pennington County, South Dakota, as shown on the plat recorded on October
1, 1963 and filed in “Plat File N”; Beginning at the northeast corner of said
balance of Lot 3, said point being located along the north-south quarter section
line and also along the southerly edge of the adjoining railroad right-of-way;
thence, southerly along said quarter section line, S00º04’53”W a distance of 1,050.36
feet, more or less; thence, N63º41’40”W a distance of 205.00 feet, more or less;
thence, N84º39‘26”W a distance of 270.00 feet, more or less; thence, N33º30’20”W
a distance of 84.00 feet, more or less; thence, N00º00’00”W a distance of 796.70
feet, more or less; thence, N57º23’22”W a distance of 117.40 feet, more or less;
thence, N03º48’46”E a distance of 95.00 feet, more or less; thence, N12º39’32”W
a distance of 150.00 feet more or less to a point on the north line of said Lot
3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance
of 168.93 feet more or less to a point on the southerly line of the adjoining
railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining
right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta
of 04º17’31”, an arc length of 442.55 feet, and a chord bearing and distance of
S62º19’02”E 442.44 feet, more or less; thence, continuing southeasterly along
the southerly edge of the adjoining right-of-way, S64º32’29”E a distance of 72.19
feet more or less, to the point of beginning located at 6299 East Highway 44.
(09SV020)
64.
No.
09SV020 - A request by Fisk Land Surveying & Consulting Engineers for Hewey
Clemmons for a Variance to the Subdivision Regulations to waive the
requirement to install curb, gutter, sidewalk, street light conduit, water, sewer
and pavement and to reduce the street surface width from 24 feet to 18 and 10
feet, respectively, as per Chapter 16.16 of the Rapid City Municipal Code
on Lots A and B of Clemmons Addition, located
in the S1/2 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota,
legally described as A portion of the balance of Lot 3 of the S½SW¼, Section 14, T1N, R8E, BHM,
Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963
and filed in “Plat File N”; Beginning at the northeast corner of said balance
of Lot 3, said point being located along the north-south quarter section line
and also along the southerly edge of the adjoining railroad right-of-way; thence,
southerly along said quarter section line, S00º04’53”W a distance of 1,050.36
feet, more or less; thence, N63º41’40”W a distance of 205.00 feet, more or less;
thence, N84º39‘26”W a distance of 270.00 feet, more or less; thence, N33º30’20”W
a distance of 84.00 feet, more or less; thence, N00º00’00”W a distance of 796.70
feet, more or less; thence, N57º23’22”W a distance of 117.40 feet, more or less;
thence, N03º48’46”E a distance of 95.00 feet, more or less; thence, N12º39’32”W
a distance of 150.00 feet more or less to a point on the north line of said Lot
3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance
of 168.93 feet more or less to a point on the southerly line of the adjoining
railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining
right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta
of 04º17’31”, an arc length of 442.55 feet, and a chord bearing and distance of
S62º19’02”E 442.44 feet, more or less; thence, continuing southeasterly along
the southerly edge of the adjoining right-of-way, S64º32’29”E a distance of 72.19
feet more or less, to the point of beginning, located at 6299 East Highway 44.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 63 – 68
CONSENT PUBLIC HEARING
ITEMS – Item 65
– 67
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items (None)
Alcohol Licenses
65.
Dadah
Kids Corp. DBA Pauly’s Pizzeria and Sub Co.,
66.
South
City Investments LLC DBA South City Billiards, 640 E St. Patrick Street for a
Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Michael
O. Wieseler DBA Horseshoe Bar, 1407 ½ E North Street
67.
Black
Hills Chapter of Germans from Russia Heritage Society for a Special Event Beer
License for an event scheduled for
Assessment Rolls (None)
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Item 68
68.
No.
09RZ054 – Second Reading, Ordinance
5568, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by Renner & Associates for Rapid City Area School District No. 51-4
for a Rezoning
from Flood Hazard District to Civic Center District on a portion of Tract 19 of Rapid City Greenway Tract, located
in Section, 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more
fully described as follows: commencing at the southeasterly corner of Lot RU-302A
of the Original Townsite of Rapid City, common to a corner on the north boundary
of Tract 19 of the Rapid City Greenway Tract, and the point of beginning, Thence,
first course: S12º41’52”W, a distance of 204.24 feet; Thence, second course: N76º56’41”W,
a distance of 367.77 feet; Thence, third course: N13º03’19”E, a distance of 301.94
feet, to a point on the northerly boundary of said Tract 19, common to a point
on the southerly boundary of said Lot RU-302A; Thence, fourth course: S77º18’14”E,
along the northerly boundary of said Tract 19, common to the southerly boundary
of said Lot RU-302A, a distance of 65.68 feet, to a corner on the northerly boundary
of said Tract 19, common to a corner on the southerly boundary of said Lot RU-302A;
Thence, fifth course: S12º41’52”W, along the northerly boundary of said Tract
19, common to the southerly boundary of said Lot RU-302A, a distance of 100.00
feet, to a corner on the northerly boundary of said Tract 19, common to a corner
on the southerly boundary of said Lot RU-302A; Thence, sixth course: S77º18’13”E,
along the northerly boundary of said Tract 19, common to the southerly boundary
of said Lot RU-302A, a distance of 300.20 feet, to a corner on the northerly boundary
of said Tract 19, common to southeasterly corner of said Lot RU-302A, and the
point of beginning, said Parcel contains 81,160 square feet or 1.863 acres more
or less, located south of Central High School
between North Mount Rushmore Road and West Boulevard North and north of Omaha
Street.
BILLS
69.
No.
CC010410-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
1-25-2
STAFF DIRECTION
ADJOURN