AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
7:00 P.M., July 5, 2011
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITIONS OF MAYOR AND COUNCIL MEMBERS
RECESS TO SWEAR IN NEWLY ELECTED MAYOR AND COUNCIL MEMBERS
RECONVENE
ADOPTION OF AGENDA
APPROVE MINUTES for the June 20, 2011 regular Council meeting.
AWARDS AND RECOGNITIONS
ELECTION OF OFFICERS
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 - 52
Public Comment opened Items 1 - 40
Public Comment closed
CONSENT ITEMS Items 1 - 38
Remove Items from the Consent Items and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (August 1, 2011)
1. No. 11VR002 - A request by Chamberlin Architects for MHL, LLC for a Vacation of Right-of-Way of a portion of the alley right-of-way adjacent to Lots 24 thru 32 of Block 75 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as the alley adjacent to 502, 508, 510 and 512 Main Street.
Alcoholic Beverage License Applications Set for Hearing (July 18, 2011)
2. RARE Hospitality International, Inc. DBA LongHorn Steakhouse #5406, 1510 Eglin Street for a Retail (on-sale) Liquor-Restaurant License
Transfer
3. MG Oil Company DBA Chances Casino Too, 1565 Haines Ave Suite C for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from South City Investments, LLC DBA South City Billiards, 200 E Main Street
4. MG Oil Company DBA Corner Pantry #4, 901 E North Street for a Package (off-sale) Malt Beverage License TRANSFER from Fuel Food Mart Inc DBA Corner Pantry #4, 901 E North Street
5. MG Oil Company DBA Corner Pantry #5, 601 Mt View Road for a Package (off-sale) Malt Beverage License TRANSFER from Fuel Food Mart Inc DBA Corner Pantry #5, 601 Mt View Road
Special Event
6. Siaryn Duggan DBA Dakota Gathering of the Clans for a Special Event Malt Beverage License for an Event Scheduled for July 30, 2011 at Sixth Street between Main Street and St. Joseph Street
Public Works Committee Consent Items
7. No. PW061411-12 Take a request to South Dakota Municipal League to change state law to allow for the council approval of the dismissal of appointed officials.
8. No. PW062811-01 Approve a Sewer Service Agreement between City of Rapid City and Terracotta Estate Homeowners Association.
9. No. PW062811-02 Approve Change Order No. 2 to Upper Plains Contracting, Inc. for Catron Boulevard Reconstruction, Project No. SSW09-1819 / CIP No. 50495, for an increase of $6,716.49.
10. No. PW062811-03 Approve Change Order No. 2F to KRM Concrete for Downtown Improvement Omaha/6th Street Pedestrian Crossing, Project No. ST10-1865 / CIP No. 50807, for a decrease of $17,553.86.
11. No. PW062811-04 Approve Change Order No. 3 to SECO Construction, Inc. for Main Street Square Site Development, Project No. PR10-1901 / CIP No. 50839, for an increase of $43,177.00.
12. No. PW062811-05 Approve Change Order No. 1 to RCS Construction, Inc. for Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004, for an increase of $6,216.00.
13. No. PW062811-06 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with American Engineering and Testing, Inc. for the 2011 Environmental Monitoring Contract Landfill/MRF in the amount of $3,993.50.
14. No. PW062811-07 Authorize Mayor and Finance Officer to Sign a Utility Easement Agreement with the SD Department of Transportation granting state property to Rapid City related to the Jackson Boulevard Utilities Project, Project No. SSW09-1509 / CIP No. 50351.
15. No. PW062811-08 Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Water Reclamation Facility Pretreatment Improvements Final Design and Bidding Phase, Project No. WRF11-1928 / CIP No. 50855, in the amount of $146,800.00. (Funded through SRF Loan)
16. No. PW062811-09 Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with TSP, Inc. for the Hoefer Avenue Bridge Repairs, Project No. ST11-1964 / CIP No. 50752, in the amount of $13,835.00.
17. No. PW062811-10 Authorize Mayor and Finance Officer to Sign a Temporary Easement Agreement with Blazer, LLC, for the Jackson Boulevard Utilities Reconstruction, Project No. SSW09-1509 / CIP No. 50351, in the amount of $1,555.20.
18. No. 11FV005 - West Boulevard Addition A request by Lisa Jean White for a Fence Height Exception to allow a six foot high fence in lieu of a four foot high fence in the front yard setback for Lots 14 and 15 of Block 9 of West Boulevard Addition located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 829 Saint Cloud Street.
19. No. 11VE014 - Marlin Industrial Park A request by Renner & Associates, LLC for CAPE Investments Limited Partnership for a Vacation of Minor Drainage and Utility Easement for Lots 5 and 6 of Marlin Industrial Park located in Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1825 Marlin Drive.
20. No. 11VE015 - H & H Estates Subdivision A request by Josh Myers for a Vacation of Utility Easement for Lot 13 of Block 3 of H & H Estates Subdivision of Lot W located in the SW1/4 NE1/4, the NW1/4 SE1/4, NE1/4 SW1/4 and the SE1/4 NW1/4 all located in Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 4626 Hacienda Street.
Legal & Finance Committee Consent Items
21. No. LF062911-17 Approve request from Convoy of Hope to waive banner fee.
22. No. LF061511-01 Acknowledge report from the Ad Hoc Chapel Valley Emergency Management Task Force.
23. No. LF062911-01 Acknowledge Capital Improvement Program Committee monthly update for June 2011.
24. No. LF062911-02 Acknowledge Capital Plan for Street, Drainage and MIP Projects for June 2011.
25. Approve allocation of the remaining Affordable Housing Funds and $8,000 in Contingency Funds to the Signal Hill Sidewalk Project.
26. No. LF062911-04 Approve Event Permit for Children's Miracle Network for the Great Black Hills Duck Race to be held July 31, 2011.
27. No. LF062911-05 Approve Event Permit for Rapid City Police Department and Destination Rapid City for Cruiser Car Show and Street Fair to be held July 24, 2011.
28. No. LF062911-06 Approve Event Permit from Cowboy Fast Draw of the Black Hills for fast draw contest at Cabela's on July 16 and 17, 2011.
29. No. 01TI006 Approve Resolution No. 2011-076 to Dissolve Tax Increment District No. 33 Generally Described as Being Located South of Homestead Street and east of Conseco Finance.
30. No. LF062911-07 Acknowledge report from Development Services state electrical fee increase.
31. No. LF062911-09 Authorize Mayor and Finance Officer to sign Partial Release of Discharge.
32. No. LF062911-10 Approve Resolution No. 2011-080A Resolution Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
33. No. LF062911-11 Approve Resolution No. 2011-083A Resolution Fixing Time and Place for Hearing on Assessment Roll for a Business Improvement District 2011.
34. No. CC070511-04 - Authorize Mayor and Finance Officer to Sign Letter Audit Engagement Letter with Ketel Thorstensen for audit services.
35. No. LF069211-12 Approve the FY 2010 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program and moved to authorize the Mayor and Finance Officer to sign the SF424 and Certifications for submittal to HUD.
36. No. LF062911-13 Authorize Mayor and Finance Officer to sign the FY 2011 CDBG Annual Action Plan SF424 for submittal to HUD.
37. No. LF062911-15 Approve Resolution No. 2011-082 Changing the Name of One of the Businesses in the Business Improvement District No. 1.
38. No. LF062911-16 Acknowledge raffle request from Big Brothers Big Sisters of the Black Hills.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 39 - 40
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until July 18 2011:
39. 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.
40. 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 41 - 52
Public Comment opened Items 41 - 52
Public Comment closed
Ordinances
41. No. LF061511-09 Second Reading, Ordinance No. 5725, Clarifying the Permissible Fireworks in the City of Rapid City by Amending Section 8.24.020 of the Rapid City Municipal Code.
42. No. 11RZ008 - First Reading, Ordinance 5726, 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, Inc. for a Rezoning from General Commercial District to Medium Density Residential District of a portion of the SW¼ of the SW¼ of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southwesterly corner of Section 16, T1N, R8E, thence, N69°10'45E, a distance of 1416.06 feet, to a point on the northerly edge of East Minnesota Street right-of-way, and the point of beginning; Thence, first course: N45°27'18W, along the northerly edge of said East Minnesota Street right-of-way, a distance of 522.14 feet; Thence, second course: northwesterly, along the northerly edge of said East Minnesota Street right-of-way, curving to the left, on a curve with a radius of 3050.00 feet, a delta angle of 07°24'33, a length of 394.41 feet, a chord bearing of N49°09'35W, and chord distance of 394.14 feet; Thence, third course: N52°51'51W, along the northerly edge of said East Minnesota Street right-of-way, a distance of 72.61 feet; Thence, fourth course: N07°51'51W, along the northerly edge of said East Minnesota Street right-of-way, a distance of 35.36 feet, to the easterly edge of Marlin Drive right-of-way; Thence, fifth course: N37°08'09E, along the easterly edge of said Marlin Drive right-of-way, a distance of 143.34 feet, to a point on the east-west section 1/16th line; Thence, sixth course: S89°56'57E, along the east-west section 1/16th line, a distance of 647.74 feet, to the SW 1/16th corner of said Section 16; Thence, seventh course: S00°05'15W, along the north-south section 1/16th line, a distance of 816.57 feet, to the point of beginning, located east of the intersection of East Minnesota Street and Marlin Drive.
43. No. 11RZ009 - First Reading, Ordinance 5727, 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, Inc. for a Rezoning from Low Density Residential II District to Medium Density Residential District of a portion of the NW¼ of the SW¼ of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southwesterly corner of Drainage Lot 1 of Elks Crossing, common to a point on Marlin Drive right-of-way, and the point of beginning; Thence, first course: northeasterly, along the easterly edge of said Marlin Drive right-of-way, curving to the left, on a curve with a radius of 784.00 feet, a delta angle of 00°49'14, a length of 11.23 feet, a chord bearing of N28°48'25E, and chord distance of 11.23 feet; Thence, second course: S69°57'51E, a distance of 209.85 feet; Thence, third course: S56°10'10W, a distance of 222.24 feet; Thence, fourth course: N60°47'57W, a distance of 120.15 feet to a point on the easterly edge of said Marlin Drive right-of-way; Thence, fifth course: N37°08'09E, along the easterly edge of said Marlin Drive right-of-way, a distance of 45.85 feet; Thence, sixth course: northeasterly, along the easterly edge of said Marlin Drive right-of-way, curving to the left, on a curve with a radius of 784.00 feet, a delta angle of 07°55'07, a length of 108.35 feet, a chord bearing of N33°10'35E, and chord distance of 108.27 feet, to the point of beginning, located east of the intersection of East Minnesota Street and Marlin Drive.
44. No. 11RZ010 - First Reading, Ordinance 5728, 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, Inc. for a Rezoning from Low Density Residential II District to Medium Density Residential District of a portion of the E½ of the SW¼ of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the center 1/4 of Section 16, T1N, R8E, thence, S49°21'21W, a distance of 1495.20 feet, and the point of beginning; Thence, first course: S78°26'29E, a distance of 133.79 feet; Thence, second course: S46°11'30E, a distance of 27.93 feet; Thence, third course: S11°14'26W, a distance of 54.54 feet; Thence, fourth course: S07°44'12E, a distance of 61.80 feet; Thence, fifth course: S40°25'59E, a distance of 28.90 feet; Thence, sixth course: S00°31'57E, a distance of 130.69 feet; Thence, seventh course: S16°15'44W, a distance of 42.87 feet; Thence, eighth course: S38°24'09W, a distance of 40.33 feet; Thence, ninth course: S29°27'22W, a distance of 85.27 feet; Thence, tenth course: S24°54'42W, a distance of 88.70 feet; Thence, eleventh course: S09°48'26W, a distance of 88.39 feet; Thence, twelfth course: S36°11'45W, a distance of 52.87 feet; Thence, thirteenth course: N01°00'22E, a distance of 143.84 feet; Thence, fourteenth course: N11°27'13E, a distance of 200.28 feet; Thence, fifteenth course: N05°40'23E, a distance of 40.49 feet; Thence, sixteenth course: N00°06'26W, a distance of 263.59 feet; Thence, seventeenth course: S89°53'34W, a distance of 52.00 feet; Thence, eighteenth course: N00°06'26W, a distance of 26.88 feet, to the point of beginning, located east of the intersection of East Minnesota Street and Marlin Drive.
Growth Management Department Items
45. No. 11PL033 - A request by Fisk Land Surveying & Consulting Engineers for James Steele for a Preliminary Plat for proposed Lot 1 of S and S Subdivision, legally described as that portion of the SE1/4 SE1/4 SE1/4 of Section 25, T2N, R6E, BHM lying south and west of Lot H-1 of said SE1/4 SE1/4 SE1/4 located in the SE1/4 of Section 25, T2N, R6E, BHM, Pennington County, South Dakota, located along the south side of Sun Ridge Road west of the intersection of Sun Ridge Road and Aztec Drive.
Legal & Finance Committee Items
46. No. LF062911-03 Resolution (No. 2011-088) of Support for the Hills Alive Music Festival in Memorial Park.
47. Request to set date for special election for Ward 2 Alderman. (Recommendation of September 13, 2011)
Public Works Committee Items (None)
Bids
48. No. CC070511-02.1 - 6 Portable Diesel Trash Pump for Water Reclamation (Opened on June 28, 2011)
49. No. CC070511-02.2 Canyon Lake Park Lighting Improvements Project No. PR09-6012 (Opened on June 29, 2011)
50. No. CC070511-02.3 CSAC Second Floor Public Works Renovation Project No. PW11-1962 (Informal Quote)
Mayor's Items
51. Report by John Seward, Executive Director of Main Street Square, and introduction of Main Street Square Board of Directors
Council Items & Liaison Reports
51a. Summer Nights Traffic - Alderman Jordan Mason
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
52. No. CC070511-03 Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 53 - 57
Open Public Hearing (comment) -- Items 53 - 57
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 53 - 55
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until July 18, 2011:
53. 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.
54. 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.
Continue the following items until August 1, 2011:
55. 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 902 Silver Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 53 - 57
CONSENT PUBLIC HEARING ITEMS Item 56 - 57
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Growth Management Items (None)
Alcohol Licenses
56. Smiley's Pizza & Pasta LLC DBA Smiley's Pizza & Pasta, 2101 Mt Rushmore Road for a Retail (on-off sale) Malt Beverage License
57. Smiley's Pizza & Pasta LLC DBA Smiley's Pizza & Pasta, 2101 Mt Rushmore Road for a Retail (on-off sale) Wine License
Assessment Rolls (None)
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (None)
BILLS
58. No. CC070511-01 Bill List for July 5, 2011
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN