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City Council Policies and Procedures

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., February 22, 2011

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for the February 7, 2011 Regular Council meeting.

 

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month

 

2.                  Employee 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 3 - 69

 

Public Comment opened – Items 3 - 54

Public Comment closed

 

CONSENT ITEMS – Items 3 - 50

 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

 

Vacations of Right-Of-Way Set for Hearing (None)

 

Alcoholic Beverage License Applications Set for Hearing (March 7, 2011)

 

3.                  Yeung, Inc. DBA Great Wall Chinese Restaurant, 315 E North Street for a Retail (on-off sale) Wine

 

4.                  LaGrand Station LLC DBA LaGrand Station, 3851 Eglin Street for a Package (off-sale) Liquor

 

5.                  South City Investments, LLC DBA South City Billiards, 200 E Main Street for a Retail (on-off sale) Malt Beverage TRANSFER from MG Oil Company DBA Warehouse Bar & Casino, 200 E Main Street

 

6.                  MG Oil Company DBA Chances Casino, 1565 Haines Ave, Ste D for a Retail (on-off sale) Malt Beverage TRANSFER from MG Oil Company DBA Rushmore Casino Too, 1808 Mt Rushmore Road

 

7.                  Mae Jean Adams DBA The Corn Exchange/The Potted Rabbit, 725 and 727 Main Street (Lot 12 and Lot 13, Block 83, Original Town of Rapid City) for a Retail (on-off sale) Malt Beverage TRANSFER from Mae Jean Adams, DBA The Corn Exchange, 727 Main Street

 

8.                  Mae Jean Adams DBA The Corn Exchange/The Potted Rabbit, 725 and 727 Main Street (Lot 12 and Lot 13, Block 83, Original Town of Rapid City) for a Retail (on-off sale) Wine TRANSFER from Mae Jean Adams, DBA The Corn Exchange, 727 Main Street

 

Public Works Committee Consent Items

 

9.                  No. PW121410-02 – Acknowledge Report on Presentation on Code Enforcement Structure

 

10.              No. PW021511-01 – Acknowledge Report on Funding Recommendations from the Opportunity Capture Fund Oversight Board (SymCom, Inc.).

 

11.              No. PW121410-03 – Approve Resolution #2011-017 A Resolution Amending the Policy of the City of Rapid City to Reimburse Owners for the Cost of Commercial Cleaning of Property Damaged by Sewer Backups.

 

12.              No. PW011111-13 – Acknowledge Report on Parking Notification

 

13.              No. PW021511-02 – Approve .16 Utility funding of $2,650,000.00 for the Seger Drive / Dyess Avenue Sanitary Sewer Extension Project

 

14.              No. PW021511-18 – Request the Mayor to direct the City Attorney's Office to work with Alderman Costello to draft an ordinance allowing Domesticated Chickens in Rapid City

 

15.              No. PW021511-03 – Approve Change Order No. 1F to J&J Asphalt Company for Catron Boulevard Turn Lane at Belgarde Boulevard, Project No. ST10-1866 / CIP No. 50751, for a decrease of $9,240.15.

 

16.              No. PW021511-04 – Approve Change Order No. 3 to RCS Construction, Inc. for WRF 2010 Improvements, Project No. WRF10-1856 / CIP No. 50791, for an increase of $18,629.00.

 

17.              No. PW021511-05 – Authorize Staff to Advertise for Bids for Kepps Water Main Extension, Project No. W08-1702 / CIP No. 50625. Estimated cost: $650,000.00. 

 

18.              No. PW021511-06 – Authorize Staff to Advertise for Bids for Kepps Reservoir Control Valve Station, Project No. W10-1845 / CIP No. 50784. Estimated cost: $450,000.00. 

 

19.              No. PW021511-07 – Authorize Staff to Advertise for Bids for Dyess Avenue & Beale Street Overlay, Project No. ST09-1826 / CIP No. 50775. Estimated cost: $92,200.00.

 

20.              No. PW021511-08 – Authorize Staff to Advertise for Bids for Well No. 8 Pump Replacement, Project No. W10-1896 / CIP No. 50833. Estimated cost: $65,000.00.

 

21.              No. PW021511-09 –Authorize Staff to Advertise for Bids for Pavement Marking – Lane Line Painting, Project No. PM11-1934 / CIP No. 50594. Estimated cost: $61,050.00.

 

22.              No. PW021511-10 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement for construction observation services with Ferber Engineering Company, Inc. for Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004, in the amount of $612,710.00.

 

23.              No. PW021511-11 – Authorize Mayor and Finance Officer to Sign a Permanent Utility Easement granted by the City of Rapid City to Black Hills Power, Inc. for electrical power system work related to the Main Street Square Site Development, Project No. PR10-1901 / CIP No. 50839.

 

24.              No. PW021511-12 – Authorize Mayor and Finance Officer to Sign an Agreement with SD Department of Transportation for right of way and property acquisition responsibilities related to the Jackson Boulevard Utilities Reconstruction, Project No. SSW09-1509 / CIP No. 50351.

 

25.              No. PW021511-13 – Authorize Lowering the Percentage of Work that the General Contractor must perform from 50% to 35% for the Kepps Reservoir Control Valve Station, Project No. W10-1845 / CIP No. 50784.

 

26.              No. PW021511-14 – Authorize Staff to Seek Proposals for Engineering Services for the Rapid City Public Works Fleet Fueling Station, Project No. PW11-1941 / CIP No. 50863.   Estimated cost of project:  $500,000.00.

 

27.              No. PW021511-15 – Authorize Staff to Seek Proposals for Professional Services for Solid Waste Rate Study; Project No. SW11-1940; CIP No. 50862. Estimated cost of project:  $100,000.00.

 

28.              No. PW021511-16 – Authorize Staff to submit a Federal Transit Administration (FTA) Section 5307 grant application for 2011 in the amount of $782,805.

 

29.              No. 11VE002 – Buffalo Ridge Subdivision – Approve a request by Ron Davis for a Vacation of Major Drainage Easement for Lot 1 of Buffalo Ridge Subdivision located in Section 11, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Shaw Court and Reservoir Road.

 

30.              No. PW021511-17 – Acknowledge GIS Presentation on New RapidMap Zoning Layer

 

31.              No. PW021511-19 – Request the Mayor to authorize staff to contact the Disk Drive property owners to explore their interest in providing Sidewalks on Disk Drive

 

Legal & Finance Committee Consent Items

 

32.              No. LF021611-02 – Acknowledge report on 2010 All Nighter Adult Softball Tournament and Approve request for tournament to be held June 17-18, 2011.

 

33.              No. LF021611-03 – Acknowledge report on funding recommendations from the Opportunity Capture Fund Oversight Board (SymCom, Inc.).

 

34.              No. LF021611-19 – Confirm appointment of Earl Buck, Robert Ewing, Martin Graves, Karen Kierstead, Kenneth E. Orrock, Justin Taylor, Jason Green, and Tom Vlieger to the Ad Hoc Security Guard Review Task Force.

 

35.              No. LF021611-20 – Confirm appointment of Chris Wehrle as a member of the Beautification Committee to fill the unexpired term of Heather Praun for a term to expire December 31, 2012.

 

36.              No. LF021611-05 – Authorize Mayor and Finance Officer to sign Medical Director Agreement with Dr. Kelly Manning.

 

37.              No. LF021611-18 – Approve request to purchase 2011 Chevy Tahoe from Rapid Chevrolet in the amount of $29,417.

 

38.              No. 11TP003 – Authorize Mayor and Finance Officer to sign the Safe Routes to School Application for Meadowbrook Elementary School in the amount of $168,725.

 

39.              Authorize staff to call the 2002 Sales Tax Revenue Bonds as of June 1, 2011.

 

40.              No. LF021611-06 – Authorize Mayor and Finance Officer to sign Electric Cooperative Revenue Agreement between the City of Rapid City, West River Electric Association and Black Hills Electric Cooperative, Inc. for 2013. 

 

41.              No. LF021611-07 – Approve request from Pennington County Emergency Services Communications Center for $10,773.33 in additional funding, to be funded through undesignated cash.

 

42.              No. LF021611-09 – Approve Resolution No. 2011-014 Declaring Property Surplus.

 

43.              No. LF021611-11 – Approve property tax abatement as follows:  Barbara Butler/Schultz, 2010, $2,210.48.

 

44.              Acknowledge the report regarding the 2010 Annual Report update.

 

45.              No. LF021611-12 – Approve Resolution No. 2011-019 to Establish the Position of Golf Course Maintenance I, II, and III.

 

46.              Acknowledge GIS presentation.

 

47.              No. LF021611-13 – Approve expanding the use of CDBG funds for Pennington County Health and Human Services.

 

48.              No. LF021611-14 – Authorize staff to advertise for bids for one high capacity, 4-wheel drive, self-propelled rotary mowing unit for the Parks Division for an estimated cost of $55,000.

 

49.              No. LF021611-16 – Acknowledge raffle request from Western Dakota Tech.

 

50.              No. LF021611-17 – Acknowledge raffle request from Timberline Little League.

 

Growth Management Department Consent Items

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 51 - 54

 

Remove Items from the “Continued Consent Items” and Vote on Remaining Continued Consent Items

 

Continue the following items until March 7, 2011:

 

51.              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.

 

52.              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, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, 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.

 

53.              No. 11PL002 - A request by Bryan Vulcan for Ian and Amanda Vidinha for a Preliminary Plat for proposed Lot 89 of Canyon Springs Preserve, legally described as a portion of Common Area 1 of Block 1 of Canyon Springs Preserve located in the NE1/4 SW1/4 of Section 23, T2N, R6E, BHM, Pennington County, south Dakota, located at 8885 Nemo Road.

 

Continue the following items until March 21, 2011:

 

54.              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, Rapid City, Pennington County, South Dakota, located at 14870 East Highway 44.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 55 - 69

 

Public Comment opened – Items 55 - 69

Public Comment closed

 

Ordinances

 

55.              No. 11OA001 – First Reading, Ordinance No. 5712, An Ordinance Requiring a Disclosure Statement be Provided to Owners of Property When the City of Rapid City or the Rapid City Planning Commission is the Applicant Requesting the Property be Rezoned by Amending Section 17.54.040 of the Rapid City Municipal Code.

 

56.              No. LF021611- 08 – First Reading, Ordinance 5709, Supplemental Appropriation No. 4 for 2011.

 

57.              No. LF020211-19A – First Reading, Ordinance No. 5710, An Ordinance to Allow the Use of Teleconference Meetings in Special Circumstances by Adding Section 2.08.025 to the Rapid City Municipal Code as amended.

 

58.              No. LF020211-20 – Second Reading, Ordinance No. 5711, An Ordinance to Amend Prohibited Acts at the Rapid City Public Library by Amending Section 9.04.030 of the Rapid City Municipal Code.

 

Growth Management Department Items

 

59.              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.

 

60.              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.

 

61.              No. 11PL003 - A request by FMG Engineering for Rubloff Rapid City, LLC for a Layout Plat for proposed Lot A of Lot 1R and Lot B of Lot 1R of Five Star Subdivision, legally described as Lot 1R of Five Star Subdivision located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue, south of Disk Drive and north of Interstate 90.

 

Legal & Finance Committee Items

 

62.              No. LF021611-01 – Approve Destination Rapid City's request to move downtown sidewalk vending location No. 1 to the southwest corner of Main and Sixth Street.

 

63.              No. LF021611-04 – Confirm appointment of Jessica Hawn to the Beautification Committee to fill the unexpired term of David Butler for a term to expire December 31, 2011.

 

64.              No. LF021611-10 – Request the Mayor to direct staff to make appropriate changes to the wards and precincts by adding annexed areas.

 

Public Works Committee Items

 

Bids

65.              No. CC022211-02.1 – Canyon Lake Drive Reconstruction Project No. WTP10-878 / CIP No. 50004 (Opened on February 15, 2011)

 

66.              No. CC022211-02.2 – Pavement Rehabilitation Project #1 Sheridan Lake Road Project No. ST11-1910 / CIP No. 50844 (Opened on February 15, 2011)

 

67.              No. CC022211-02.3 – Pavement Rehabilitation Project #2 Lakota Homes Project No. ST11-1911 / CIP No. 50549 (Opened on February 15, 2011)

 

68.              No. CC022211-02.4 – Anamosa Street Reconstruction, Haines Avenue to Midway Street, City Project No. ST07-1472 / CIP No. 50519, State Project No. P 1648(03), PCN H021

 

Mayor's Items

 

Council Items & Liaison Reports

 

69.              Presidential Plaza Funding (Continued from the January 18, 2011 Council meeting)

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 70 - 76

 

Open Public Hearing (comment) -- Items 70 - 76

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 70 - 72

 

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

 

Continue the following items until March 7, 2011:

 

70.              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, 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.

 

71.              No. 11SV001 - A request by Bryan Vulcan for Ian and Amanda Vidinha for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer, including dry sewer, and to reduce the pavement width along Nemo Road from 36 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 89 of Canyon Springs Preserve, legally described as a portion of Common Area 1 of Block 1 of Canyon Springs Preserve located in the NE1/4 SW1/4 of Section 23, T2N, R6E, BHM, Pennington County, south Dakota, located at 8885 Nemo Road.

 

Continue the following items until March 21, 2011:

 

72.              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, 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 14870 East Highway 44.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 70 - 76

 

CONSENT PUBLIC HEARING ITEMS – Item 73 - 75

 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

 

Growth Management Items

 

Alcohol Licenses

 

73.              Slainte LLC DBA Murphy's Pub & Grill, 510 9th Street for a Retail (on-sale) Liquor TRANSFER from First National Bank Rapid City DBA Murphy's Bar, 510 9th Street

 

74.              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)

 

75.              Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a Special Event Wine and Malt Beverage License for an Event Scheduled for February 24, 2011, 504 East Monroe Street

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Item 76

 

76.              No. 10PD071 – An Appeal of the Planning Commission's Decision on a request by Wolverton & Associates for THF Stoneridge Development, LLC for a Final Commercial Development Plan to allow commercial uses including on-sale liquor establishments for , legally described as 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, located northeast of the intersection of Stumer Road and Black Hills Boulevard.

 

BILLS

77.              No. CC022211-01 – Bill List for February 22, 2011

 

EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN