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City Council Policies and Procedures

 

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., July 18, 2011

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 51A - No CC071811-02.4 - Mall Drive Utilities Improvements Project No. ST08-1753 / 50646

APPROVE MINUTES for the July 5, 2011 Special Council meeting and the July 5, 2011 Regular Council meeting.

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  Employee Awards

 

3.                  Rapid City Beautification Committee – Yard of the Month

 

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 4 – 53

 

Public Comment opened – Items 4 – 37

Public Comment closed

 

CONSENT ITEMS – Items 4 – 36

 

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

 

Vacations of Right-Of-Way Set for Hearing (August 15, 2011)

 

4.                  No. 11VR003 - A request by Renner & Associates, LLC for Deluxe, LLC for a Vacation of Right-of-Way of a portion of N. Cherry Street right-of-way lying adjacent to Lot 1 of Block 16, a portion of Pine Street right-of-way lying adjacent to Lot 3 of Block 16, a portion of E. New York Street right-of-way and a portion of E. Chicago Street right-of-way lying adjacent to Lots 1-3 of Block 16 of Feigels Addition located in the SW1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 815 East New York Street.

 

Alcoholic Beverage License Applications Set for Hearing (August 1, 2011)

 

5.                  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 August 23, 2011 at the Central States Fair.

 

Public Works Committee Consent Items

 

6.                  No. PW062811-12 – Approve a request by John Ashley to designate a new Sidewalk Vendor location within Seventh Street Right-of-Way located adjacent to Unit #1 and 15.84% of the Common Area, 632 Main Condominiums, Section 1, T1N R7E, BHM Rapid City, Pennington County, SD.

 

7.                  No. PW053111-20 – Acknowledge Employee Suggestion Program Report – Alderman Jordan Mason

 

8.                  No. PW071211-01 – Acknowledge Public Works Professional Services Contract Summary Report

 

9.                  No. PW071211-02 – Approve Change Order No. 2F to Corr Construction Services, Inc. for the 2010 Bridge Maintenance Project, Project No. ST10-1886 / CIP No. 50752, for an increase of $1,900.26.

 

10.              No. PW071211-03 – Approve Change Order No. 1 to First Dakota Enterprises, LLC for Meadowbrook Golf Maintenance Building, Project No. PR10-1902 / CIP No. 50841, for an increase of $1,039.00.

 

11.              No. PW071211-04 – Approve Change Order No. 1F to Highmark Inc. for the East Tallent and East Indiana Watermain Reconstruction, Project No. W10-1915 / CIP No. 50845, for a decrease of $5,155.50.

 

12.              No. PW071211-05 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Solid Waste Rate Study, Project No. SW11-1940 / CIP No. 50862, in the amount of $99,366.00.

 

13.              No. PW071211-06 – Authorize Mayor and Finance Officer to Sign a Covenant Agreement Between the City of Rapid City and MHL, LLC to Allow Certain Improvements to Encroach into the Adjacent Public Right of Way.

 

14.              No. 11TP016 – Approve 2011-2015 Transportation Improvement Program Amendment #11-007.

 

15.              No. 11TP017 – Approve 2012-2016 Rapid City Area Transportation Improvement Program – Draft Report.

 

16.              No. 11VE016 - Hills View Subdivision – Approve a request by CETEC Engineering Services, Inc. for Jerry L. and Donna M. Olson for a Vacation of a Minor Drainage and Utility Easement for Lot 15RA of Hills View Subdivision located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2540 East Highway 44.

 

17.              No. PW071211-07 – Acknowledge Update on Energy Plant Report

 

Legal & Finance Committee Consent Items

 

18.              No. LF061511-02 – Request the City Attorney's office to review the recommendations of the Ad Hoc Sign Code Revision Task Force Committee and the recommendations from Scenic Rapid City and bring back a report regarding the legal ramifications of such recommendations to the August 10, 2011, Legal and Finance Committee meeting.

 

19.              Acknowledge discussion on term lengths for elected officials.

 

20.              No. LF071311-22 – Acknowledge list of committee assignments.

 

21.              No. LF071311-01 – Authorize Mayor and Finance Officer to sign Software Maintenance Agreement from New World Systems.

 

22.              No. LF042711-07 – Approve Event Permit for Summer Nights.

 

23.              No. LF071311-03 – Approve Event Permit from Central States Fair parade to be held on August 20, 2011.

 

24.              No. LF071311-04 – Approve Event Permit from South Dakota School of Mines & Technology for Homecoming Parade to be held on September 24, 2011.

 

25.              No. LF071311-06 – Approve Event Permit from Dakota Gathering of the Clans to be held on July 30, 2011.

 

26.              No. LF071311-07 – Authorize Mayor and Finance Officer to sign Special Election Agreement with Pennington County for the 2011 Special Election to be held on September 13, 2011.

 

27.              No. LF071311-08 – Approve property tax abatements as follows: Baker, Roy & Carol, 2010, $520.92.

 

28.              No. LF071311-09 – Acknowledge report on retail (on-off sale) malt beverage licenses eligible for video lottery.

 

29.              No. LF071311-10 – Acknowledge annual Tax Increment District report.

 

30.              No. LF071311-11 – Approve request from SDSM&T to terminate Lease Agreement for Higher Education Building at Halley Park.

 

31.              No. LF071311-20 – Acknowledge sales tax report for taxes through the second period in May.

 

32.              No. LF071311-12 – Authorize Mayor and Finance Officer to sign Bleacher Rental Agreement with the City of Isabel, South Dakota.

 

33.              No. LF071311-13 – Authorize Mayor and Finance Officer to sign Bleacher Rental Agreement with Rapid City Christian School.

 

34.              No. LF071311-14 – Authorize Mayor and Finance Officer to sign Subordination of Real Estate Mortgage for Kenna Eddy.

 

35.              No. LF071311-15 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Prairie Meadows of Rapid City, LLC for the Completion of a Pressure Reducing Valve Station.

 

36.              No. LF071311-18 – Acknowledge raffle request from School Nutrition Association of South Dakota.

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Item 37

 

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

 

Continue the following items until August 1, 2011:

 

37.              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.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 38 - 53

 

Public Comment opened – Items 38 – 53

Public Comment closed

 

Ordinances

 

38.              No. LF071311-16 – First Reading, Ordinance No. 5729, Making the Executive Assistant/Program Coordinator Within the Mayor's Office an Officer of the City by Adding Section 2.12.070 to the Rapid City Municipal Code.

 

39.              No. LF071311-17 – First Reading, Ordinance No. 5730, To Increase the Amount of Purchases that Department Directors are Authorized to Make on Behalf of the City of Rapid City by Amending Section 3.04.030 of the Rapid City Municipal Code.

 

Growth Management Department Items

 

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.

 

Legal & Finance Committee Items

 

41.              No. 11TP014 – Approve Rapid City Bicycle and Pedestrian Master Plan. (Continued from the June 20, 2011 Council meeting)

 

42.              No. LF071311-21 – Confirm appointment of Ritchie Nordstrom as the City Council representative to the Sign Code Board of Appeals.

 

43.              No. LF071311-19 – Recommendations for Executive Session and requests for direction.

 

44.              No. LF071311-05 – Approve Event Permit from the YMCA for a street dance to be held on August 5, 2011. ( Event date changed from September 5, 2011 to August 5, 2011)

 

Public Works Committee Items

 

45.              No. 11TP014 – Approve the Rapid City Bicycle and Pedestrian Master Plan – Final Report. Continued from the June 20, 2011 Council meeting)

 

46.              No. PW062811-11 – Approve a Request for exception to waive the requirement to install sidewalk along 2540 East Highway 44 per City Ordinance 12.16.080 for Lot 15RA and Lot 5, Hills View Subdivision, located in Section 5, T1N, R8E, BHM, Rapid City, South Dakota.

 

47.              No. PW071211-08 – Road Core Sampling – Alderman Ron Sasso

 

Bids

 

48.              No. CC071811-02.1 – Kepps Reservoir Control Valve Station Project No. W10-1845 / CIP No. 50784 (Opened on July 12, 2011)

 

49.              No. CC071811-02.2 – Downtown Traffic Signal System Project No. 1958 / CIP No. 50848 (Opened on July 12, 2011)

 

50.              No. CC071811-02.3 – Rapid City Water Reclamation Facility – Chlorination Building Reroof Project No. WRF11-1965 (Informal Quote)

 

51.              No. CC070511-02.3 – CSAC Second Floor Public Works Renovation Project No. PW11-1962 (Change in funding source)

 

Mayor's Items

 

52.              No. CC071811-04.1 - Confirm reappointment of Steve Rolinger and appointment of Len Weimer, Jan Swank, and Josh Snyder to the Planning Commission for three year terms.

 

Council Items & Liaison Reports

 

53.              No. CC071811-04.2 – Summer Nights Discussion – Alderman Jordan Mason, Alderman John B. Roberts

 

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 54 - 65

 

Open Public Hearing (comment) -- Items 54 - 65

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Item 54

 

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

 

Continue the following items until August 1, 2011:

 

54.              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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 54 - 65

 

CONSENT PUBLIC HEARING ITEMS – Item 55 - 60

 

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

 

Growth Management Items

 

55.              No. 11CA006 – To approve a request by Dream Design International, Inc. for a Comprehensive Plan Amendment to change the land use designation from General Commercial with a Planned Commercial Development to Medium Density Residential with a Planned Residential Development for 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°10'45”E, 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°27'18”W, 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°09'35”W, and chord distance of 394.14 feet; Thence, third course: N52°51'51”W, along the northerly edge of said East Minnesota Street right-of-way, a distance of 72.61 feet; Thence, fourth course: N07°51'51”W, 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°08'09”E, 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°56'57”E, 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°05'15”W, 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.

 

Alcohol Licenses

 

56.              RARE Hospitality International, Inc. DBA LongHorn Steakhouse #5406, 1510 Eglin Street for a Retail (on-sale) Liquor-Restaurant License

 

Transfer

 

57.              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

 

58.              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

 

59.              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

 

60.              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

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 61 - 65

 

61.              No. 11RZ008 - Second 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 for 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°10'45”E, 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°27'18”W, 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°09'35”W, and chord distance of 394.14 feet; Thence, third course: N52°51'51”W, along the northerly edge of said East Minnesota Street right-of-way, a distance of 72.61 feet; Thence, fourth course: N07°51'51”W, 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°08'09”E, 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°56'57”E, 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°05'15”W, 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.

 

62.              No. 11RZ009 – Second 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 for 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°48'25”E, and chord distance of 11.23 feet; Thence, second course: S69°57'51”E, a distance of 209.85 feet; Thence, third course: S56°10'10”W, a distance of 222.24 feet; Thence, fourth course: N60°47'57”W, a distance of 120.15 feet to a point on the easterly edge of said Marlin Drive right-of-way; Thence, fifth course: N37°08'09”E, 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°10'35”E, and chord distance of 108.27 feet, to the point of beginning, located east of the intersection of East Minnesota Street and Marlin Drive.

 

63.              No. 11RZ010 - Second 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 for 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°21'21”W, a distance of 1495.20 feet, and the point of beginning; Thence, first course: S78°26'29”E, a distance of 133.79 feet; Thence, second course: S46°11'30”E, a distance of 27.93 feet; Thence, third course: S11°14'26”W, a distance of 54.54 feet; Thence, fourth course: S07°44'12”E, a distance of 61.80 feet; Thence, fifth course: S40°25'59”E, a distance of 28.90 feet; Thence, sixth course: S00°31'57”E, a distance of 130.69 feet; Thence, seventh course: S16°15'44”W, a distance of 42.87 feet; Thence, eighth course: S38°24'09”W, a distance of 40.33 feet; Thence, ninth course: S29°27'22”W, a distance of 85.27 feet; Thence, tenth course: S24°54'42”W, a distance of 88.70 feet; Thence, eleventh course: S09°48'26”W, a distance of 88.39 feet; Thence, twelfth course: S36°11'45”W, a distance of 52.87 feet; Thence, thirteenth course: N01°00'22”E, a distance of 143.84 feet; Thence, fourteenth course: N11°27'13”E, a distance of 200.28 feet; Thence, fifteenth course: N05°40'23”E, a distance of 40.49 feet; Thence, sixteenth course: N00°06'26”W, a distance of 263.59 feet; Thence, seventeenth course: S89°53'34”W, a distance of 52.00 feet; Thence, eighteenth course: N00°06'26”W, a distance of 26.88 feet, to the point of beginning, located east of the intersection of East Minnesota Street and Marlin Drive.

 

64.              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 and sewer and to reduce the pavement width from 40 feet to 20 feet along west Nike Road as they abut Tract A of Prairie Meadows Subdivision, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota located at at the northeast corner of the intersection of West Nike Road and Country Road. (11SV004)

 

65.              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.

 

BILLS

66.              No. CC071811-01 – Bill List for July 18, 2011

 

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

 

STAFF DIRECTION

 

ADJOURN