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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., March 7, 2011

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

55a - Bid Award - Anamosa St from Haines Ave to Midway Ave
56a - Rapid City Report Card
56b - Ad Hoc Sign Task Force Update

APPROVE MINUTES for the February 22, 2011 Special Council meeting and the February 22, 2011 Regular Council meeting.

 

AWARDS AND RECOGNITIONS

 

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 - 57

 

Public Comment opened – Items 1 - 39

Public Comment closed

 

CONSENT ITEMS – Items 1 - 36

 

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 21, 2011)

 

1.                  Black Hills Center for Equality, Inc DBA Black Hills Center for Equality for a Special Event Wine License for an Event Scheduled for April 2, 2011 at 1102 West Rapid Street.

 

2.                  The Vengeance ASA U-18 Girls Softball Team DBA The Vengeance ASA U-18 Girls Softball Team for a Special Event Malt Beverage License for an Event Scheduled for April 2, 2011 at the National Guard Armory on Range Road.

 

Public Works Committee Consent Items

 

3.                  No. PW083110-35 –  Request the Mayor to direct the City Attorney's Office to draft an ordinance to address existing sign or other vertical encroachments that do not impede the use of the right of way for passage.

 

4.                  No. PW030111-02 – Authorize Staff to Advertise for Bids for Flormann Street Watermain Reconstruction, Project No. W11-1931 / CIP No. 50860. Estimated cost: $225,000.00.

 

5.                  No. PW030111-03 – Authorize Staff to Advertise for Bids for Street Rehabilitation Project #4 – Meadowbrook Drive, Parkridge Drive & Morningview Drive, Project No. ST11-1913 / CIP No. 50844. Estimated cost: $490,000.00.

 

6.                  No. PW030111-04 – Authorize Staff to Advertise for Bids for Jackson Boulevard Greenway Tract Utilities, Project No. SSW11-1929 / CIP No. 50856. Estimated cost: $1,100,000.00.

 

7.                  No. PW030111-05 – Authorize Mayor and Finance Officer to Sign Right of Way Certificate, Letting Authorization, and Utilities Certificate with the SD Department of Transportation for East Anamosa Street Extension, (La Crosse to Luna), State Project No. P 1648(02), PCN 0116, City Project No. ST04-1397 / CIP No. 50316.

 

8.                  No. PW030111-06 – Authorize Mayor and Finance Officer to Sign Right of Way Certificate, Letting Authorization, and Utilities Certificate with the SD Department of Transportation for East Anamosa Street Extension, (Luna to Century), State Project No. P 1648(01), PCN 00UR, City Project No. ST04-1397 / CIP No. 50316.

 

9.                  No. PW030111-07 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with FMG Engineering Company, Inc. for design services for County Heights Drainage Basin Design Plan Amendment, Project No. DR10-1870 / CIP No. 50757, in the amount of $65,350.00.

 

10.              No. PW030111-08 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with HDR Engineering, Inc. for Water Reclamation Facility Pretreatment Improvements – Evaluation Phase, Project No. WRF11-1928 / CIP No. 50855, in the amount of $44,933.00.

 

11.              No. PW030111-09 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Professional Services Agreement with FMG, Inc. for the Anamosa Street Utilities Reconstruction (Haines to Midway), Project No. ST05-1472 / CIP No. 50519, in the amount of $14,370.00.

 

12.              No. PW030111-10 – Authorize Staff to Seek Proposals for Consultant Services for the Horace Mann Pool Replacement Feasibility Study, Project No. PR11-6024 / CIP No. 50864. Vision 2012 project.

 

13.              No. PW030111-11 – Authorize Staff to purchase a new current year model ½ Ton 4X4 Truck with Extended Cab, State Contract #16029 from Lamb Chevrolet (Onida, SD) for $24,000. (Local vendors unable to meet state pricing).

 

14.              No. 11VE004 - Rushmore Crossing – Approve a request by Renner & Associates, LLC for Jack Degagne for a Vacation of a portion of a Minor Drainage and Utility Easement for Lot 2A and Lot 2B of Block 3 of Rushmore Crossing, S1/2 of the SW1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1510 and 1516 Eglin Street.

 

15.              No. 11FV001 - Section 11, T1N, R7E – Approve a request by CETEC Engineering Services for City of Rapid City for a Fence Height Exception to allow an 8 foot high fence in lieu of a maximum 6 foot high fence in the Park Forest District for Tract J in the SW1/4 NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at Skyline Drive at Flormann Street.

 

16.              No. 11TP004 – Approve 2011-2015 Transportation Improvement Program Amendment #11-002R.  For increase in funding for purchase of Sheridan Lake Road Right-of-way for Jackson Boulevard project. 

 

17.              No. 11TP005 – Approve 2011–2015 Transportation Improvement Program Amendment #11-003R.  For purchase of Automated Voice System (AVS) and construction of fuel depot facility. 

 

18.              No. 11TP006 – Approve 2011–2015 Transportation Improvement Program Amendment #11-004R.  To delete project cost in 2014 to add Professional Engineering in 2011 for Elk Vale Road and Elk Creek Road. 

 

19.              No. 11TP007 – Acknowledge Rapid City Area Metropolitan Planning Organization 2010 Traffic Volume Counts Report.

 

20.              No. PW030111-12 – Acknowledge Report on the Internal Auditing Update

 

Legal & Finance Committee Consent Items

 

21.              No. LF030211-15 – Confirm appointment of Jeffrey Schild to the Parks & Recreation Advisory Board to fill the unexpired term of Michaele Hofmann for a term to expire December 31, 2011.

 

22.              No. LF030211-16 – Confirm appointment of Allison Marsland as Assistant City Attorney I.

 

23.              No. LF030211-01 – Acknowledge Capital Improvement Program Committee monthly update for February 2011.

 

24.              No. LF030211-02 – Acknowledge report on 2012 Subcommittee recommendation for timeline for approved projects.

 

25.              No. LF030211-03 – Approve Event Permit for St. Patrick's Day Parade to be held on Saturday, March 19, 2011, at 10:00 a.m. 

 

26.              No. LF030211-04 – Authorize staff to accept grant in the approximate amount of $1,500 from South Dakota Department of Agriculture Fire Grant.

 

27.              No. LF030211-05 – Acknowledge report regarding 2011 training and travel budget.

 

28.              No. 04TI005 – Approve Resolution No. 2011-018 to Dissolve Tax Increment Financing District No. 46 (Red Rocks Meadow) north of the intersection of Sheridan Lake Road and Muirfield Drive.

 

29.              No. LF030211-08 – Authorize Mayor and Finance Officer to sign the State of South Dakota Consultant Contract/Letter of Agreement for Consultant Services for the South Dakota Department of Corrections Adult Reentry Program.

 

30.              No. LF030211-09 – Authorize Mayor and Finance Officer to sign Local Government Certification by the Chief Executive Officer for Working Against Violence, Inc. for Emergency Shelter Grant Funds for the Operation of the Emergency Shelter.

 

31.              No. LF030211-14 – Approve Resolution No. 2011-025 to Maintain a Single Pay Matrix in the City of Rapid City.

 

32.              No. LF030211-18 – Authorize Mayor and Finance Officer to sign Local Governing Body Approval Form for Star Village for Housing Tax Credit.

 

33.              No. LF030211-10 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and the Black Hills Workshop for Custodial Services for Park Restrooms, Shelters and Recreational Facilities for the 2011 Season in the Amount of $79,303.

 

34.              No. LF021611-15 – Acknowledge report on sidewalk vendor licensing review process and Direct the Mayor to request staff to proceed with implementation of the recommendations.

 

35.              No. LF030211-11 – Acknowledge raffle request from Crazy Horse Memorial.

 

36.              No. LF030211-17 – Approve Resolution No. 2011-027 Approving a Conditional Use Permit to Allow an On-Sale Liquor Establishment for M.G. Oil (Growth Management File 09UR019) Pursuant to a Writ of Mandamus.

 

Growth Management Department Consent Items

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 37 - 39

 

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

 

Continue the following items until March 21, 2011:

 

37.              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.

 

38.              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.

 

39.              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.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 40 - 57

 

Public Comment opened – Items 40 - 57

Public Comment closed

 

Ordinances

 

40.              No. LF030211-13 – First Reading, Ordinance No. 5714, An Ordinance to Authorize the Keeping of Chickens in Rapid City by Amending Section 6.08.020(C) of the Rapid City Municipal Code.

 

41.              No. 11OA001 – Second Reading, Ordinance No. 5712, 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.

 

42.              No. LF021611-08 – Second Reading, Ordinance 5709, Regarding Supplemental Appropriation No. 4 for 2011.

 

43.              No. LF030211-06 – First Reading, Ordinance No. 5713, Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code.

 

44.              No. LF020211-19A – Second Reading, Ordinance No. 5710, to Allow the Use of Teleconference Meetings by Adding Section 2.08.025 to the Rapid City Municipal Code.

 

45.              No. 11RZ001 - First Reading, Ordinance 5715, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services for City of Rapid City for a Rezoning from Park Forest District to Low Density Residential District of Tract J in the SW1/4 NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Skyline Drive at Flormann Street.

 

Growth Management Department Items

 

46.              No. 11PL007 - A request by D.C. Scott Co. Land Surveyors for Northern Development, LLC for a Preliminary Plat for proposed Lot A, Lot B and Lot C of Block 11 and Lot A, Lot B, and Lot C of Block 22 of Mahoney Addition, legally described as Block 11 and Block 22 of the amended plat of Mahoney Addition, located in the SW1/4 SE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Wood Avenue bewteen Lindbergh Avenue and Patton Street.

 

Legal & Finance Committee Items

 

47.              No. LF030211-12 – Update on 2010 Annual Report.

 

Public Works Committee Items

 

48.              No. 11FV002 - South Boulevard Addition – Approve a request by Steven Dunn for Black Hills Power for a Fence Height Exception to allow a 9 foot high fence and/or wall in lieu of a maximum 4 foot high fence and/or wall in the front yard and to allow a 9 foot high fence and/or wall in lieu of a maximum 8 foot high fence and/or wall in a side or rear yard in the General Commercial District for Lot C of Lots 11-16 of Block 35 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southwest corner of the intersection of Cleveland Street and Tower Road.

 

Bids

 

49.              No. CC030711-02.1 – CSAC Restroom ADA Upgrade Project No. GB10-1879 / CIP No. 50813 opened on March 1, 2011.

 

50.              No. CC030711-02.2 – Adams Street and North Street Sanitary Sewer Reconstruction Project No. SS10-1884 / CIP No. 50197 opened on March 1, 2011.

 

51.              No. CC030711-02.3 – Heights Drive Sanitary Sewer Extension Project No. SS09-1831 / CIP No. 50777 opened on March 1, 2011.

 

52.              No. CC030711-02.4 – Hot Mixed Asphaltic Concrete opened on March 1, 2011.

 

53.              No. CC030711-02.5 – Ready Mix Concrete opened on March 1, 2011.

 

54.              No. CC030711-02.6 – Limestone Gravel opened on March 1, 2011.

 

55.              No. CC030711-02.7 – Utility Cut Portland Concrete Replacement opened on March 1, 2011.

 

Mayor's Items

 

56.              Ad Hoc Green Cities Task Force Report to Council

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

57.              No. CC030711-03 – Vision 2012 Update

 

Appeals

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 58 - 68

 

Open Public Hearing (comment) -- Items 58 - 68

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 58 - 59

 

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

 

Continue the following items until March 21, 2011:

 

58.              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.

 

59.              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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 58 - 68

 

CONSENT PUBLIC HEARING ITEMS – Items 60 - 66

 

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

 

Growth Management Items

 

Alcohol Licenses

 

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

 

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

 

62.              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

 

63.              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

 

64.              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

 

65.              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

 

Assessment Rolls

 

66.              No. LF030211-07 – Resolution No. 2011-010B Levying Assessment for Cleanup of Miscellaneous Property.

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 67 - 68

 

67.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of additional pavement along Lindbergh Avenue and Patton Street as they abut Block 11 and Block 22 of the amended plat of Mahoney Addition, located in the SW1/4 SE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Wood Avenue between Lindbergh Avenue and Patton Street. (11SV002)

 

68.              No. 11SV002 - A request by D.C. Scott Co. Land Surveyors for Northern Development, LLC for a Variance to the Subdivision Regulations to waive the requirement to increase the existing pavement width from 24 feet to 27 feet along Lindbergh Avenue and Patton Street as they abut the property pursuant to Chapter 16.16 of the Rapid City Muncipal Code for proposed Lot A, Lot B and Lot C of Block 11 and Lot A, Lot B, and Lot C of Block 22 of Mahoney Addition, legally described as Block 11 and Block 22 of the amended plat of Mahoney Addition, located in the SW1/4 SE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Wood Avenue bewteen Lindbergh Avenue and Patton Street.

 

BILLS

 

69.              No. CC030711-01 – Bill List for March 7, 2011

 

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

 

STAFF DIRECTION

 

ADJOURN