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 - 89
Public Comment opened – Items 1 - 74
Public Comment closed
CONSENT ITEMS – Items 1 - 69
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 (
New
1.
RC Boston Company LLC DBA Hilton Garden Inn,
2.
RC Boston Company LLC DBA Hilton Garden Inn,
2011-2012 Retail (On-Off
3.
Wyngard Pot O Gold Casino Inc. DBA Lucky D's Casino II, 1330 E St Patrick St #2 for a Retail (on-off sale) Malt Beverage License with Video Lottery
4.
Wyngard Pot O Gold Casino Inc. DBA Lucky D's Casino, 1330 E St Patrick St for a Retail (on-off sale) Malt Beverage License with Video Lottery
5.
Wyngard Pot O Gold Casino Inc. DBA Pot-O-Gold Casino, 1300 Centre Street for a Retail (on-off sale) Malt Beverage License with Video Lottery
6.
Cimarron Casino Inc. DBA Main St Gap Casino, 1727 West Main Street for a Retail (on-off sale) Malt Beverage License with Video Lottery
7.
Cimarron Casino Inc. DBA Royal Casino I, 2530 W Main Street #1 for a Retail (on-off sale) Malt Beverage License with Video Lottery
8.
Cimarron Casino Inc. DBA Royal Casino II, 2530 W Main Street Ste II for a Retail (on-off sale) Malt Beverage License with Video Lottery
9.
Cimarron Casino Inc. DBA Chicago St Casino, 3609 Sturgis Road for a Retail (on-off sale) Malt Beverage License with Video Lottery
10.
United Food Inc. DBA Toby's Casino South,
11.
United Food Inc. DBA Tobys Casino Too,
12.
United Food Inc. DBA Toby's Casino,
13.
Chas Inc. DBA Jackpot West II, 2144 Jackson Blvd #4 for a Retail (on-off sale) Malt Beverage License with Video Lottery
14.
Chas Inc. DBA Jackpot Casino West,
15.
Wal-East Development Inc. DBA Jackpot Casino East, 2708 E Hwy 44 for a Retail (on-off sale) Malt Beverage License with Video Lottery
16.
Wal-East Development Inc. DBA Jackpot Casino Too, 1415 N LaCrosse St #3 for a Retail (on-off sale) Malt Beverage License with Video Lottery
17.
Wal-East Development Inc. DBA Jackpot Casino II, 685 ‘C' LaCrosse St for a Retail (on-off sale) Malt Beverage License with Video Lottery
18.
Wal-East Development Inc. DBA Jackpot Casino, 685 LaCrosse St for a Retail (on-off sale) Malt Beverage License with Video Lottery
19.
Wal-East Development Inc. DBA Jokers Casino South, 1320 Mt Rushmore Road #C for a Retail (on-off sale) Malt Beverage License with Video Lottery
20.
Wal-East Development Inc. DBA Jackpot Casino Too #2, 1415 N LaCrosse St #3B for a Retail (on-off sale) Malt Beverage License with Video Lottery
21.
Nifty Fifties Inc. DBA Parkway Restaurant,
22.
Bosselman Inc of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Ave for a Retail (on-off sale) Malt Beverage License with Video Lottery
23.
WR Rapid City Ventures LP DBA Oakleaf Beer Garden,
24.
CCKT Inc DBA King of Hearts Casino,
25.
CCKT Inc DBA Queen of Heart's Casino,
26.
Colonial House Inc DBA Colonial House, 2501 Mt Rushmore Rd for a Retail (on-off sale) Malt Beverage License with Video Lottery
27.
Robert W Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Blvd for a Retail (on-off sale) Malt Beverage License with Video Lottery
28.
Rapid City Elks Lodge #1187 DBA Elks Lodge,
2011-2012 Retail (On-Off
29.
Cortez LLC DBA Alex Johnson Hotel,
30.
Atlantis LLC DBA Watiki Indoor Waterpark Resort,
31.
Jian Ying Liang DBA Hunan Chinese Restaurant,
32.
Jim Berger and Rhonda Berger DBA Ichiban, 1109 W Omaha St, Ste A for a Retail (on-off sale) Malt Beverage License
33.
Gab Denk Kwak DBA Hana Restaurant, 2328
34.
Charles J Desmond General Partnership DBA Ifrit's Hookah Lounge, 725 St Joseph Street for a Retail (on-off sale) Malt Beverage License
35.
Late Harvest Inc DBA Tally's Silver Spoon,
2011-2012 Package (Off
36.
Bosselman Inc of
Public Works Committee Consent Items
37.
No. PW042611-01 – Acknowledge Report on Traffic Calming & Pedestrian Safety in Downtown Rapid City request a July update
38.
No. PW042611-02 – Approve setting a public hearing with notification of adjacent property owners and provision of a pedestrian count for the Request for the Installation of Sidewalk on Highway 44 between
39.
No. PW042611-03 – Approve a request from Kieffer Sanitation to Dispose of Portable Restroom Waste from the Black Hawk,
40.
No. PW042611-06 – Approve Change Order No. 1 to KRM Concrete for Downtown Improvement - 6th Street/Omaha Street Pedestrian Crossing, Project No. ST10-1865 / CIP No. 50807, for an increase of $1,494.15.
41.
No. PW042611-07 – Approve Change Order No. 2 to SECO Construction, Inc. for
42.
No. PW042611-08 – Approve Change Order No. 3F to SECO Construction, Inc. for
43.
No. PW042611-09 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement for construction administration with Dream Design International, Inc. for Heights Drive Sanitary Sewer Extension, Project No. SS09-1831 / CIP No. 50777, in the amount of $65,712.50.
44.
No. PW042611-10 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement for construction administration with Dream Design International, Inc. for Rapid Creek Trunk Sewer Manhole Rehabilitation, Project No. SS10-1852 / CIP No. 50194, in the amount of $24,700.00.
45.
No. PW042611-12 – Authorize Mayor and Finance Officer to Sign a Grant of Permanent Utility Easement to Black Hills Power (WR#458664) related to the Jackson Springs Water Treatment Plant Construction, Project No. WTP10-1858 / CIP No. 50789.
46.
No. PW042611-13 – Approve Grant of Permanent Utility Easement to Black Hills Power (WR#459157) related to the Jackson Springs Water Treatment Plant Construction, Project No. WTP10-1858 / CIP No. 50789.
47.
No. PW042611-14 – Authorize Mayor and Finance Officer to Sign a Grade Agreement with Black Hills Power related to the Jackson Springs Water Treatment Plant Construction, Project No. WTP10-1858 / CIP No. 50789.
48.
No. PW042611-15 – Authorize Mayor and Finance Officer to Sign Construction Funding Reallocation for
49.
No. PW042611-16 – Authorize Mayor and Finance Officer to Sign a Consent for City of Rapid City to Cross U.S. Government Waterline Easement #USAF-ACC-FXBM-9-11-660 in relation to Mall Drive Reconstruction, Project No. ST08-1753 / CIP No. 50646.
50.
No. PW042611-17 –Approve an Exception to allow a nonconforming service line for a fire hydrant with the stipulation of a covenant agreement and an easement for the property located on the southeast corner of
51.
No. 11FV003 - Robbinsdale Addition No. 11 – Approve with staff stipulations a request by Linette Hemmer for a Fence Height Exception to allow a 6 foot fence in lieu of a 4 foot fence in the 25 foot front yard setback for Lot 1 of Block 1 of Robbinsdale Addition No. 11, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 602 Hillshire Court.
52.
No. PW042611-18 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Professional Services Agreement with Burns & McConnell Engineering Company Inc. for the Jackson Springs Water Treatment Plant, Project No. WTP-1858 / CIP No. 50789, in the amount of $55,000.00.
Legal & Finance Committee Consent Items
53.
No. LF042711-01 – Acknowledge Capital Improvement Program Committee monthly update for April 2011.
54.
No. LF042711-02 – Acknowledge Capital Plan for Street, Drainage and MIP Projects for April 2011.
55.
No. LF042711-03 – Approve reallocation of Parks and Recreation Funds as follows: a) allocate $20,000 from Contingency Fund to Vickie Powers Park Shelter Project; b) allocate $64,000 from Contingency Fund to Leonard Swanson Pathway Upgrades; and, c) allocate $400,000 from Memorial Park Improvements to Rapid City Greenway Trails Project.
56.
No. LF042711-04 – Approve funding for the South Valley Drive Extension Project in the amount of $180,000 from the Streets, Drainage and MIP Contingency Fund.
57.
No. LF042711-18 – Approve 2012-2016 Capital Improvement Plan (CIP) – Five Year Plan.
58.
No. LF042711-21 – Acknowledge the 2011 Parks/Recreation Facility Partnership Fund recommendations.
59.
No. LF042711-05 – Approve Event Permit for Dakota Thunder Motorcycle Club Ride on
60.
No. LF042711-06 – Approve Event Permit for Hotel Alex Johnson for free parking for Motorcycle Tour Group on
61.
No. LF042711-19 – Approve Event Permit for Destination
62.
No. LF042711-08 – Approve Resolution No. 2011-053A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
63.
No. LF042711-09 – Approve Resolution No. 2011-055 Declaring Property Surplus.
64.
No. LF042711-10 – Authorize Mayor and Finance Officer to sign Summary of Material Modifications No. 2 to the City of
65.
No. LF042711-11 – Authorize staff to accept State of
66.
No. LF042711-15 – Authorize Mayor and Finance Officer to sign Amendment to Listing Contract with Ken Kirkeby for the Wally Byam Property.
67.
No. LF042711-16 – Authorize Mayor and Finance Officer to sign First Amendment to Memorandum of Understanding between the City of Rapid City and Tensleep, LLC.
68.
No. LF042711-20 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding with Fraternal Order of Police, South Dakota Lodge #2A.
69.
No. LF042711-17 – Acknowledge raffle request from South Dakota Elks Association.
Growth Management Department Consent Items
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS – Items 70 - 74
Remove Items from the “Continued Consent Items” and Vote on Remaining Continued Consent Items
Continue the following items until May 16, 2011:
70.
No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat for Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, 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.
71.
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.
72.
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.
73.
No. 11PL013 - A request by Sperlich Consulting, Inc. for OTS, Inc. for a Preliminary Plat for proposed Lots 1 through 29 of Block 1 and Drainage Lot of The Ridge at Catron Crossing Subdivision, legally described as a portion of the NW1/4 of the SW1/4, and a portion of the SW1/4 of the SW1/4, Section 22, T1N, R7E, B.H.M., Rapid City, Pennington County, South Dakota, located west of the intersection of Overview Lane and Nugget Gulch Road.
74.
No. 11PL014 - A request by Sperlich Consulting, Inc. for a Preliminary Plat for proposed Lots 1 through 8 of Block 1, Lots 1 through 6 of Block 2, and Lot 1A and Lot 1B of Block 3 of Prairie Meadows Subdivision, legally described as Tract A of Prairie Meadows Subdivision and Government Lot 4 of Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of West Nike Road and Country Road.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 75 - 89
Public Comment opened – Items 75 - 89
Public Comment closed
Ordinances
75.
No. LF041311-19A – Second
76.
No. 11RZ004 - First Reading, Ordinance 5721, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from Flood Hazard District to Light Industrial District of Tract 31 of the Rapid City Greenway Tracts located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota less the following property described by metes and bounds: beginning at the northeast corner of said Tract 31, thence S00°09'30"W 30.00 feet, thence N44°48'45"W 42.45 feet, thence S89°47'00"E 30.00 feet to the point of beginning, all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Steele Avenue and East Main Street.
77.
No. 11RZ005 - First Reading, Ordinance 5722, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by by Dream Design International for a Rezoning from Medium Density Residential District to General Agriculture District of the SE1/4 less the east 660 feet and less the Elk Vale Road right-of-way located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Elk Vale Road and East Anamosa Street.
78.
No. 11RZ006 - First Reading, Ordinance 5723, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International for a Rezoning from General Commercial District to General Agriculture District of the east 660 feet of the SE1/4 less the Elk Vale Road right-of-way located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Elk Vale Road and East Anamosa Street.
Growth Management Department Items
79.
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.
80.
No. 11PL021 - A request by Sperlich Consulting, Inc. for Walgar Development Corporation for a Preliminary Plat for proposed Lot 2 of Block 2 of Minnesota Park Subdivision, legally described as N1/2 of the SE1/4 of Section 13 and a portion of Tract B of Robbinsdale Addition No. 10, located in N1/2 SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of East Minnesota Street and Wisconsin Avenue.
81.
No. 11PL022 - A request by Centerline, Inc. for Dakota Heartland, Inc. for a Layout Plat for proposed Lot 1 of Block 5 of Big Sky Business Park, legally described as S1/2 of Government Lot 3 less Big Sky Subdivision and less right-of-way and the S1/2 of Government Lot 4 less Big Sky Business Park, less Lot H1, less Lot H2 and less right-of-way all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Berniece Street between Neel Street and DeGeest Drive.
Legal & Finance Committee Items
82.
No. LF042711-07 – Approve Event Permit for Summer Nights.
83.
No. LF042711-12 – Approve Resolution No. 2011-054 to Approve Vendor Fee for
84.
No. LF041311-11 – Authorize Mayor and Finance Officer to sign Joint Powers Agreement with Pennington County Regarding Emergency Management.
Public Works Committee Items
85.
No. 11CA001 - Airport Master Plan – Adopt an Amendment to the adopted Comprehensive Plan to incorporate the City of Rapid City's Regional Airport Master Plan, Land Use Compatibility Plan, October 2010. (Continued from the
86.
No. PW042611-04 – Off Premise Sign Moratorium
Bids
87.
No. CC050211-02.1 – 2011 Miscellaneous Improvements Project, Project No. MIP11-1923 / CIP No. 50298 (Opened on
88.
No. CC050211-02.2 – Cambell Street Reinforced Box Culvert, Project No. DR10-1909 / CIP No. 50020 (Opened on
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
89.
No. CC050211-03 – Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS – Items 90 - 101
Open Public Hearing (comment) -- Items 90 - 101
CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 90 - 92
Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until May 16, 2011:
90.
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.
91.
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.
92.
No. 11SV004 - A request by Sperlich Consulting, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer, and to reduce the pavement width from 40 feet to 20 feet along West Nike Road as it abuts the property as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 through 8 of Block 1, Lots 1 through 6 of Block 2, and Lot 1A and Lot 1B of Block 3 of Prairie Meadows Subdivision, legally described as Tract A of Prairie Meadows Subdivision, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of West Nike Road and Country Road.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 90 - 101
CONSENT PUBLIC HEARING ITEMS – Item 93 - 99
Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
93.
No. 11SV007 - A request by Sperlich Consulting, Inc. for Walgar Development Corporation for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way along Minnesota Street for proposed Lot 2 of Block 2 of Minnesota Park Subdivision, legally described as N1/2 of the SE1/4 of Section 13 and a portion of Tract B of Robbinsdale Addition No. 10, located in N1/2 SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of East Minnesota Street and Wisconsin Avenue.
Alcohol Licenses
94.
Independent Ale House LLC, DBA Independent Ale House,
95.
Independent Ale House LLC, DBA Independent Ale House,
Transfers
96.
Outback Steakhouse of Florida, LLC DBA Outback Steakhouse #4211, 665 East Disk Drive for a Retail (on-sale) Liquor TRANSFER from Outback Midwest II LP DBA Outback Steakhouse
2011 – 2012 Retail (on-off sale) Malt Beverage License Renewals NO Video Lottery
97.
City of
98.
City of Rapid City DBA Meadowbrook Bar and Grill,
99.
City of
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS – Items 100 - 101
100.
No. LF041311-14 – Approve Resolution No. 2011-051 of Intent to Enter into Lease of Land with
101.
No. LF042711-13 – Authorize Mayor and Finance Officer to sign Lease Agreement between the City of Rapid City and the Black Hills Area Chapter of the American Red Cross.
BILLS
102.
No. CC050211-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN