AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for the
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 - 72
Public Comment opened – Items 1 - 60
Public Comment closed
CONSENT ITEMS – Items 1 - 54
Remove Items from the “Consent Items” and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing
Alcoholic Beverage License Applications Set for Hearing (
1.
Slainte LLC DBA Murphy's Pub & Grill,
2.
Kelly Flannery DBA N/A Inactive License (fka Hamilton's Patio & Grille), 7887 Sheridan Lake Road for a Retail (on-sale) Liquor TRANSFER from Hamilton Patio & Grille, Inc, DBA Hamilton's Patio & Grille (annexed into City limits December 6, 2010)
3.
Public Works Committee Consent Items
4.
No. PW020111-01 – Acknowledge Report on Use of Automatic External Defibrillators
5.
No. PW020111-22 – Request the Mayor to direct staff to look at funding for inspection of trees for beetle infestation in
6.
No. PW020111-23 – Acknowledge Report on Update on St. Joe Investments LLC
7.
No. PW020111-03 – Approve Change Order No. 1 to Belfor Environmental for Landfill Leachate Removal & Remediation, Project No. LF07-1681 / CIP No. 50694, for an increase of $1,605.83.
8.
No. PW020111-04 – Authorize Staff to Advertise for Bids for Roll Off Truck, Solid Waste Collections Division, SW7101-2. Estimated cost: $140,000.00.
9.
No. PW020111-05 – Authorize Staff to Advertise for Bids for Water Treatment Coagulant, Water Division. Estimated cost: $50,000.00.
10.
No. PW020111-06 – Authorize Staff to Advertise for Bids for Water Treatment Chlorine Gas and Hydofluosilicic Acid. Estimated cost: $72,000.00.
11.
No. PW020111-07 – Authorize Staff to Advertise for Bids for Utility Cut
12.
No. PW020111-08 – Authorize Staff to Advertise for Bids for Ready Mixed Concrete, Various City Departments. Estimated cost: $63,000.00.
13.
No. PW020111-09 – Authorize Staff to Advertise for Bids for Odor Control Chemical for Lift Stations, Water Reclamation Division. Estimated cost: $75,000.00.
14.
No. PW020111-10 – Authorize Staff to Advertise for Bids for Limestone Gravel, Various City Departments. Estimated cost: $87,000.00.
15.
No. PW020111-11 – Authorize Staff to Advertise for Bids for Hot Mixed Asphaltic Concrete, Various City Departments. Estimated cost: $161,000.00.
16.
No. PW020111-12 – Authorize Staff to Advertise for Bids for Roadway Deicer Sodium Chloride (Salt), Street Division. Estimated cost: $500,000.00.
17.
No. PW020111-13 – Authorize Staff to Advertise for Bids for Sweeper Broom Refills, Street Division. Estimated cost: $30,000.00.
18.
No. PW020111-14 – Authorize Staff to Advertise for Bids for East St. Francis Alley Storm Sewer, Project No. DR11-1917 / CIP No. 50847. Estimated cost: $38,905.00.
19.
No. PW020111-15 – Authorize Staff to Advertise for Bids for Rapid Creek Trunk Sewer Manhole Rehabilitation, Project No. SS10-1852 / CIP No. 50194. Estimated cost: $225,000.00.
20.
No. PW020111-16 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with RESPEC, Inc. for the Southside Ditch Water Right Validation, Project No. W11-1933 / CIP No. 50303, in the amount of $20,000.00.
21.
No. PW020111-17 – Authorize Mayor and Finance Officer to Sign an Agreement for Recyclable Materials Marketing Agent Services between City of
22.
No. PW020111-18 – Approve Authorize Lowering the Percentage of Work that the General Contractor must perform from 50% to 35% for the Jackson Springs Water Treatment Plant Construction, Project No. WTP10-1858 / CIP No. 50789.
23.
No. PW020111-19 – Authorize Staff to Seek Proposals for Engineering Services for the
24.
No. PW020111-20 – Authorize Staff to Purchase new current year model ¾ Ton 4X4 Truck with Extended Cab, State Contract #16030, from McKie Ford,
25.
No. PW020111-21 – Authorize Staff to Seek Proposals for Alfalfa/Hay Harvest.
26.
No. 10FV018 - Section 24, T1N, R7E – Approve a request by Wolverton & Associates for THF Stoneridge Development, LLC for a Fence Height Exception to allow a 10 foot high fence in lieu of an 8 foot high fence in the General Commercial District for a portion of Lot 1, Block 2 of Fifth Street Office Plaza, and a portion of the S½ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at southeasterly corner of Lot 21 of Block 4 Eastridge Estates Subdivision, common to the southwesterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S89º37'17”E, along the southerly boundary of said Lot 4 of Block 2, a distance of 134.82 feet, and the point of beginning; Thence first course: S89º37'17”E, along the southerly boundary of said Lot 4 of Block 2, a distance of 233.03 feet, to the southeasterly corner of said Lot 4 of Block 2, common to the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza; Thence second course: S81º56'11”E, along the southerly boundary of said Lot 3 of Block 2, a distance of 205.60 feet, to the southeasterly corner of said Lot 3 of Block 2, common to the southwesterly corner of Lot 2 of Block 2 of Fifth Street Office Plaza; Thence third course: S81º55'52”E, along the southerly boundary of said Lot 2 of Block 2, a distance of 60.98 feet, to a corner on the southerly boundary of said Lot 2 of Block 2; Thence fourth course: S72º01'35”E, along the southerly boundary of said Lot 2 of Block 2, a distance of 161.84 feet, to the southeasterly corner of said Lot 2 of Block 2; Thence fifth course: S77º25'15”E a distance of 217.74 feet; Thence sixth course: N27º30'18”E, a distance of 281.17 feet, to a point on the westerly edge of Fifth Street right-of-way, common to a point on the northerly boundary of Lot 1 of Block 2 of Fifth Street Office Plaza; Thence seventh course: S62º29'41”E, along the westerly edge of said Fifth Street right-of-way, common to the northerly boundary of said Lot 1 of Block 2, a distance of 279.03 feet, to the northeasterly corner of said Lot 1 of Block 2; Thence eighth course: S62º29'05”E, along the westerly edge of said Fifth Street right-of-way, a distance of 134.83 feet; Thence ninth course: curving to the right, along the westerly edge of said Fifth Street right-of-way, on a curve with a radius of 909.00 feet, a delta angle of 14º12'45”, a length of 225.48 feet, a chord bearing of S55º23'16”E, and chord distance of 224.91 feet; Thence tenth course: S42º58'26”W, along the westerly edge of said Fifth Street right-of-way, a distance of 12.00 feet; Thence eleventh course: S42º54'18”W, a distance of 296.40feet; Thence twelfth course: S45º50'37”E, a distance of 81.18 feet; Thence thirteenth course: S00º18'52”W, a distance of 297.86 feet, to a point on the northerly edge of Stumer Road right-of-way; Thence fourteenth course: curving to the left, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 430.50 feet, a delta angle of 12º59'30”, a length of 97.62 feet, a chord bearing of S53º34'37”W, and chord distance of 97.41 feet; Thence fifteenth course: curving to the right, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 369.50 feet, a delta angle of 43º15'37”, a length of 278.99 feet, a chord bearing of S68º41'45”W, and chord distance of 272.41 feet; Thence sixteenth course: N89º40'48”W, along the northerly edge of said Stumer Road right-of-way, a distance of 730.69 feet; Thence seventeenth course: curving to the right, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 369.50 feet, a delta angle of 30º00'38”, a length of 193.54 feet, a chord bearing of N74º39'10”W, and chord distance of 191.33 feet; Thence eighteenth course: N59º42'02”W, along the northerly edge of said Stumer Road right-of-way, a distance of 351.37 feet; Thence nineteenth course: N12º34'45”E, a distance of 728.41 feet, to the point of beginning, more generally described as being located northeast of the intersection of Stumer Road and Black Hills Boulevard.
27.
No. 11VE001 - County Heights Subdivision – Approve a request by Byron and Nancy Lowery for a Vacation of Utility and Drainage Easement for Lot 26 of Block 6 of County Heights Subdivision, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 1606 Plateau Lane.
Legal & Finance Committee Consent Items
28.
No. LF020211-01 – Approve Application for a Sidewalk Vending License from John Ashley.
29.
No. LF020211-02 – Confirm appointment of Eric Howard to replace Gary Renner as the registered land surveyor and reappointment of Richard Huffman as a citizen member to the Development Appeals and Review Board for terms to expire
30.
No. LF020211-03 – Confirm appointment of Benjamin Snow to replace Terri Haverly as the Economic Development Partnership member to the Development Appeals and Review Board for a term to expire
31.
No. LF020211-26 – Acknowledge report on status of Development Agreement with St. Joe LLC Development.
32.
No. LF020211-04 – Acknowledge Capital Improvement Program Committee monthly update for December 2010.
33.
No. LF020211-05 – Approve Event Permit for Kirk Funeral Home Free Senior Movies on July 15, 2011, December 2, 2011, and December 9, 2011, for parking downtown.
34.
No. 03TI011 – Approve Resolution No. 2011-005 to Dissolve Tax Increment Financing District No. 43 located north and west of
35.
No. LF020211-06 – Approve Resolution No. 2011-010A, Resolution Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
36.
No. LF020211-07 – Approve Resolution No. 2011-015 Acknowledging Corrections to the
37.
No. LF020211-08 – Approve Resolution No. 2011-016 Acknowledging a Correction to the
38.
No. LF020211-09 – Approve Resolution No. 2011-012 Acknowledging a Correction to the October 4, 2010, October 18, 2010, November 15, 2010 and December 20, 2010 City Council Minutes.
39.
No. LF020211-10 – Approve property tax abatements as follows: Dlorah Inc DBA Nat, 2010, $43.90; J V Bailey Co Inc, 2010, $5,638.02; Joseph P Schmid, 2010, $3,489.34; Durwin C Trummer, 2010, $1,709.80, Michael J Whalen, 2010, $1,922.36; G/GSA Inc, 2010, $704.90; James Mordhorst/new owner Lisa Rensch, 2010, $281.40; Dorothy I Zorn, 2010, $912.32; Habitat for Humanity, 2009, $132.20.
40.
No. LF020211-11 – Acknowledge Local Board of Equalization schedule and sign-up sheet.
41.
No. LF020211-27 – Acknowledge request for 30 day extension for filing of the Annual Report.
42.
No. LF102710-13 – Approve Resolution (2010-148) to Establish Additional Staffing for the Parks and Recreation Department.
43.
No. LF102710-14 – Approve Resolution (2010-149) to Establish the Position of Golf Course Concessions Supervisor.
44.
No. LF020211-12 – Approve Resolution No. 2010-011 to Establish the Position of Landfill Scale Coordinator.
45.
No. LF020211-13 – Authorize Mayor and Finance Officer to sign The Summary of Material Modifications No. 1 to the City of
46.
No. LF020211-14 – Authorize Mayor and Finance Officer to sign The Summary of Material Modifications No. 3 to the City of
47.
No. LF020211-15 – Authorize Mayor and Finance Officer to sign Local Government Certification by the Chief Executive Officer for Corner Stone Rescue Mission for Emergency Shelter Grant Funds for the Operation of the Mission.
48.
No. LF020211-16 – Authorize Mayor and Finance Officer to sign Local Government Certification by the Chief Executive Officer for Corner Stone Rescue Mission Women and Children's Home for Emergency Shelter Grant Funds for the Operation of the Women and Children's Center.
49.
No. LF020211-17 – Authorize Mayor and Finance Officer to sign the Local Governing Body Approval Form for Black Hills Area Habitat for Humanity Application to South Dakota Housing Development Authority for HOME Funds.
50.
No. LF020211-25 – Approve CDBG Annual Action Plan for FY2011 and Authorize Mayor and Finance Officer to sign the SF 424 and Certifications.
51.
No. LF020211-21 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and the Downtown Business Improvement District Board for Payment of Administrative Expenses.
52.
No. LF020211-22 – Authorize Mayor and Finance Officer to sign Covenant Agreement between the City of Rapid City and Stoneridge L.L.C. Regarding Ownership and Maintenance of a Storm Water Detention Pond Along 5th Street.
53.
No. LF020211-23 – Acknowledge raffle request from Counts of the Cobblestone Car Club.
54.
No. LF020211-24 – Approve request from Ken Krzyzanowski, d/b/a Mr. Rags, for 2011 ice cream vending license.
Growth Management Department Consent Items
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS – Items 55 - 60
Remove Items from the “Continued Consent Items” and Vote on Remaining Continued Consent Items
Continue the following items until February 22, 2011:
55.
No. 10PL028 - A request by Dream Design International, Inc. for a Preliminary Plat for Lots A and B of White Eagle Ranch, legally described as a portion of the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM,
56.
No. 10PL050 - A request by Davis Engineering, Inc. for a Preliminary Plat for Lots 1R, 9, 10 and 11 of Block 8 and Lots 3, 4, 5 and 6 of Block 10 of Murphy Ranch Estates Subdivision, legally described as the unplatted portion of Tract F of the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located east of Reservoir Road and on the south side of Long View Road.
57.
No. 10PL061 - A request by Dream Design International, Inc. for a Preliminary Plat for Lots 1 and 2 of Block 1 of Gateway Business Park Subdivision, legally described as a portion of the NW1/4 of the SE1/4 and a portion of Lot E of the S1/2 of the SE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between East Mall Drive and Interstate 90 at the southern terminus of Dakota Craft Drive.
58.
No. 10PL066 - A request by Renner & Associates, LLC for Skyline Pines East Land Co. for a Preliminary Plat for Tract 1, Lot 19, and dedicated Fairmont Boulevard Right-of-way of Skyline Pines East Subdivision, legally described as a portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Fairmont Boulevard west of Mt. Rushmore Road.
59.
No. 10PL096 - A request by Wolverton & Associates for THF Stoneridge Development, LLC for a Preliminary Plat for proposed Lots 1 thru 5 of Block 4 of Black Hills Center and Dedicated East Stumer Road right-of-way, legally described as Lot 1 of Block 2 of Fifth Street Office Plaza and a portion of the S1/2 of the NE¼ of Section 24 located in the NE1/4 of the NE1/4 and in the S1/2 of the NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Fifth Street and East Stumer Road.
Continue the following items until April 18, 2011:
60.
No. 10PL093 - A request by Renner & Associates, LLC for Susan Lykken for a Layout Plat for proposed Lots 27R and 28R of Block 2 of Springbrook Acres, legally described as Lots 27 and 28 of Block 2 of Springbrook Acres, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2727 & 2735 Jenny Gulch Road.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 61 - 72
Public Comment opened – Items 61 - 72
Public Comment closed
Ordinances
61.
No. LF060210-22 – Second
62.
No. LF060210-23 – Second Reading, Ordinance No. 5613, Repealing Section 17.50.110 of the Rapid City Municipal Code Relating to Supplementary Regulations Applicable to Mobile Home Parks and Adopting a New Revised Section 17.50.110 of the Rapid City Municipal Code.
63.
No. LF011211-05 – Second
64.
No. LF020211-19 – First
65.
No. LF020211-20 – First
Growth Management Department Items
66.
No. 10PL075 - A request by Dream Design International for a Preliminary Plat for proposed Lot 1R and Lot 2 of Heavlin No. 2 Addition, legally described as Lot 1 of Heavlin No. 2 Addition, portion of SE1/4 of the SE1/4 of the SE1/4 of Section 19 and the E1/2 of the NE1/4 of the NE1/4 of Section 30, T1N, R9E, BHM, Pennington County, South Dakota, located at 23299 South Airport Road.
67.
No. 10PL095 - A request by Sperlich Consulting, Inc. for LICH Enterprises for a Preliminary Plat for proposed Lot 1R and Lot 2R of Lot B of Block 16 of Trailwood Village, legally described as Lot 1 and Lot 2 of Lot B of Block 16 of Trailwood Village located in the SE1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of SD State Highway 44 and Covington Street.
Legal & Finance Committee Items
Public Works Committee Items
Bids
68.
No. CC020711-02.1 – Automated Containers for Solid Waste Division (Opened on
69.
No. CC020711-02.2 –
Mayor's Items
70.
No. CC020711-04.2 - 2020 Goal 1 Update – Jeff Carsrud
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
71.
No. CC020711-03 – Vision 2012 Update
72.
No. CC020711-04.1 – Acknowledge raffle request from Western Dakota Tech (WDT CAD Club)
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS – Items 73 - 84
Open Public Hearing (comment) -- Items 73 - 84
CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 73 - 76
Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until February 22, 2011:
73.
No. 10SV007 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer at the Section Line Highway and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer at Airport Road as per Chapter 16.16 of the Rapid City Municipal Code for Lots A and B of White Eagle Ranch, located in the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, located at 14870 East Highway 44.
74.
No. 10SV008 - A request by Renner & Associates, LLC for Skyline Pines, East, LLLP for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along a portion of Fairmont Boulevard as per Chapter 16.16 of the Rapid City Municipal Code for Tract 1 of Lot 19 and the dedicated Fairmont Boulevard Right-of-way of the Skyline Pines East Subdivision, located in the N1/2 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Mt. Rushmore Road and North of Tower Road at the western terminus of Cathedral Drive.
Continue the following items until April 18, 2011:
75.
No. 10SV026 - A request by Renner & Associates, LLC for Susan Lykken for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and additional pavement and waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 27R and 28R of Block 2 of Springbrook Acres, legally described as Lots 27 and 28 of Block 2 of Springbrook Acres, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2727 & 2735 Jenny Gulch Road.
Continue the following items until June 6, 2011:
76.
No. 10VR007 - A request by Fisk Land Surveying & Consulting Engineers for Marilou Yarber for a Vacation of Right-of-Way for a portion of the Van Buren Street Right-of-way lying adjacent to the S1/2 of Lot 8 and the S1/2 S1/2 of Lots 9-11 of Block 20, Scott's Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 902 Silver Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 73 - 84
CONSENT PUBLIC HEARING ITEMS – Item 77 - 82
Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items
Growth Management Items (None)
Alcohol Licenses
78.
Sam's West, Inc. DBA Sam's Club #6565, 925 Eglin Street for Package (off-sale) Liquor TRANSFER from Sam's West, Inc. DBA Sam's Club #6565, 1020 LaCrosse Street
79.
80.
81.
Assessment Rolls
82.
No. LF011211-07 – Approve Resolution No. 2010-172B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS – Items 83 - 84
83.
Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along South Airport Road and the Section Line Highway as they abut Lot 1 of Heavlin No. 2 Addition, the unplatted portion of the SE1/4 of the SE1/4 of the SE1/4 of Section 19 lying south of S.D. Highway 44 and the E1/2 of the NE1/4 of the NE1/4 of Section 30, T1N, R9E, BHM, Pennington County, South Dakota, located at 23299 South Airport Road. (10SV022)
84.
No. 10SV022 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1R and Lot 2 of Heavlin No. 2 Addition, legally described as Lot 1 of Heavlin No. 2 Addition, portion of SE1/4 of the SE1/4 of the SE1/4 of Section 19 and the E1/2 of the NE1/4 of the NE1/4 of Section 30, T1N, R9E, BHM, Pennington County, South Dakota, located at 23299 South Airport Road.
BILLS
85.
No. CC020711-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN