AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., March 5, 2012
ROLL CALL AND DETERMINATION OF QUORUM
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen 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 2 - 51a
Public Comment opened Items 2 - 39
Public Comment closed
CONSENT ITEMS Items 2 - 37
Remove Items from the Consent Items and Vote on Remaining Consent Items
APPROVE MINUTES
2. Approve Minutes for the February 21, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (March 19, 2012)
3. Rapid City Cosmopolitan Club DBA Rapid City Cosmopolitan Club for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for June 15, 2012 at Rushmore Plaza Civic Center Memorial Park
Public Works Committee Consent Items
4. No. PW022812-02 Approve Change Order #1F to Heavy Constructors for Silver Street Area Utility Improvements, Project No. SSW07-1656 / CIP No. 50416, for a decrease of $112,992.43.
5. No. PW022812-03 Approve Change Order #2 to Dean Kurtz Construction Co. for Kepps Reservoir Control Valve Station, Project No. W10-1845 / CIP No. 50784 for an increase of $7,826.00.
6. No. PW022812-04 Authorize Staff to Advertise for Bids for Meadowbrook Maintenance Yard, Project No. 12-2026 / CIP No. 50841. Estimated Cost: $150,000.00.
7. No. PW022812-06 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Professional Service Agreement with RESPEC for the Perrine Drainage Outfall Elements 7 & 8, Project No. DR11-1963 / CIP No. 50836.
8. No. PW022812-07 Authorize Mayor and Finance Officer to Sign Professional Services Agreement with FMG, Inc. for Jackson Boulevard Utilities, Project No. SSW09-1509 / CIP No. 50351, in the amount of $675,000.00.
9. No. PW022812-08 Authorize Mayor and Finance Officer to Sign Bridge Reinspection Program Resolution for Use with SDDOT Retainer Contracts.
10. No. PW022812-09 Accept a Temporary Construction Easement and a Permanent Drainage Easement related to the Water Reservoir Maintenance project; Project No. W10-1879.
11. No. PW022812-10 Approve No cost funding allocation correction to the Professional Services Agreement with Burns & McDonnell for Construction Administration Services for the Jackson Springs Water Treatment Plant Construction, Project No. WTP10-1858 / CIP No. 50789.
12. No. PW022812-11 Approve No cost funding allocation correction to the Professional Services Agreement with 42nd Street Design Studio for an irrigation study for the Memorial Park and Civic Center Irrigation Improvements, Project No. 12-2002 / CIP No. 50896.
13. No. PW022812-05 Authorize Staff to Advertise for Bids for Street Sweepers (2). Estimated Cost: $500,000.00.
14. No. PW022812-12 Authorize Staff to Purchase four (4) 1-ton pickups from Beck Motors for $92,064.00 using State Contract #16216 specifications.
15. No. PW022812-15 - Request the Mayor to authorize staff to conduct a feasibility study for installing sidewalks on both sides of Red Dale Drive and Hillsview Drive with a report back at the March 27, 2012, Public Works Committee Meeting.
16. No. PW022812-13 Acknowledge Water Reclamation Division Report
17. No. PW022812-14 Acknowledge Report - Update on Greenway Project in Founders Park
Legal & Finance Committee Consent Items
18. No. LF022912-17 Acknowledge Capital Improvement Program Committee Monthly Update for February 2012
19. No. LF022912-01 - Approve 2011 Carry Forward Funds for Streets, Drainage, MIP $7,602,248; Government Buildings $1,272,930; Parks $1,292,340 and Information Technology $340,484
20. No. LF022912-02 - Approve Reallocation of $1,411,000 of FY2014/2015 Funding from Fire Station New (East Area) to FY2012 Undesignated Cash for Land Purchase
21. Approve $226,000 in FY2012 Streets CIP for Installation of Traffic Signal at the 5th Street and Texas Street Intersection
22. No. LF022912-03 - Approve $130,000 in FY2012 Streets CIP for Promise Road Improvements Adjacent to City Property
23. No. LF022912-04 - Approve Reallocation of Parks and Recreation CIP Funding as Follows: a) $5,976 from CIP Contingency to Software Upgrade and Telephone Conversion Project and b) $15,000 from Vicki Powers Park Shelter Project to Parks & Recreation Comprehensive Plan Project
24. No. 12TP002 - Metropolitan Planning Organization - Authorize Staff to Advertise a Request for Proposals for the City of Summerset Shared Use Path
25. No. 12TP003 - Approve Year End 2011 Rapid City Population Estimate
26. No. LF022912-05 - Report on Funding Recommendations from the Opportunity Capture Fund Oversight Board
27. No. LF022912-06 - Resolution No. 2012-025 to Establish the Position of Finance Accounts Payable Clerk III
28. No. LF022912-07 Resolution No. 2012-026 to Establish the Position of Utility Field Crew Chief
29. No. LF022912-08 Resolution No. 2012-027 to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Water Meter Reader I, II
30. No. LF022912-09 Authorize Mayor and Finance Officer to Sign Real Estate Purchase Agreement with M. G. Oil Company
31. No. LF022912-10 Resolution No. 2012-028 Regarding Satisfaction of Mortgage Instruments Issued by the City of Rapid City
32. No. LF022912-11 Acknowledge Raffle Request from Rapid City Area Chamber of Commerce
33. No. LF121411-11 Approve application for a Sidewalk Vending License for Veronica Gomez.
34. No. LF022912-12 Approve update from Journey Museum on upcoming Pap Madison Cabin move.
35. No. LF021512-22 Request the Mayor to authorize staff to prepare an ordinance amendment consistent with the recommendations regarding alcohol and special events licenses along with allowing Memorial Day alcohol sales.
36. No. LF022912-14 Deny the request for property tax abatement and refund: Daniel & Karina Mueller; refund overpayment of 2010 property taxes and adjustment of 2011 property taxes.
37. No. LF022912-16 Approve Resolution No. 2012-029 Regarding Procedures for Selection of Construction Manager at Risk for President's Plaza.
Community Planning & Development Services Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 38 - 39
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until March 19, 2012:
38. No. 12PL002 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for a Preliminary Plat for proposed Lot 6 of North 80 Subdivision, legally described as unplatted Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Stumer Road and Shelby Avenue.
39. No. 11PL077 - A request by Dream Design International, Inc. for Hagg Development, Inc. for a Preliminary Plat for proposed Lots 2, 3 and 4 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 of Section 28 located in the W1/2 of the SE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of East Mall Drive and Outfitter Road.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 40 - 51a
Public Comment opened Items 40 - 51a
Public Comment closed
Ordinances
40. No. LF022912-15 First Reading, Ordinance No. 5801, An Ordinance Amending Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts.
41. No. 12RZ002 - First Reading, Ordinance 5802, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by by Fisk Land Surveying & Consulting Engineers for 5th Street Developers, LLC for a Rezoning from Office Commercial District to General Commercial District for all of Lots Two (2) and Three (3) in Block Two (2) of Fifth Street Office Plaza, located in the Northeast One-Quarter (NE 1/4) of Section Twenty Four (24), Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Rapid City, Pennington County, South Dakota as shown on the plat recorded on January 24, 2007 and filed in Book 34 of Plats on Page 76, excepting therefrom all of that portion of Lot Three (3) which is zoned as Public District and is more generally described as follows: Beginning at the southwest corner of said Lot Three (3) in Block Two (2) of Fifth Street Office Plaza; thence first course, North on the westerly line of said Lot 3, North 00 degrees 24 minutes 02 seconds East a distance of 38.32 feet more or less, to an angle point on the west line of said Lot 3; thence second course, South 84 degrees 59 minutes 26 seconds East a distance of 102.00 feet more or less; thence third course, South 54 degrees 11 minutes 32 seconds East a distance of 93.76 feet more or less, to a point on the south line of said Lot 3; thence final course, northwesterly on the south line of said Lot 3, North 81 degrees 51 minutes 42 seconds West a distance of 180.63 feet more or less to the point of beginning, located at 4831 and 4905 Fifth Street.
Community Planning & Development Services Department Items
42. No. 12PL004 - A request by Centerline, Inc. for Olsen Development Company, Inc. for a Preliminary Plat for proposed Lots 1 and 2 of Skyline Village Subdivision and Tracts A and B of Canyon Pines Subdivision, legally described as the south 495 feet of the NE1/4 SE1/4 and the SE1/4 SE1/4 less Lot 1 of Bendert Subdivision and less right-of-way all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Promise Road.
Legal & Finance Committee Items
43. No. CC030512-04.2 - Acknowledge FY 2011 Annual Report.
Public Works Committee Items
44. No. PW021412-13 - Request from Centerline for an Exception to Waive the Requirement to Install Sidewalk Along the North Side of Philadelphia Street per City Ordinance 12.16.080 for the Property located at SW1/4NE1/4 less ROW, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota. (Referred from the February 21, 201, City Council Meeting)
45. Division Reports from the Parks and Recreation Department Alderman Jerry Wright.
46. Public Works Budget Preparation for Infrastructure Alderman Jerry Wright.
Bids
47. No. CC30512-02.1 Pavement Marking Lane Line Painting Project No. 12-2018 / CIP No. 50594 (Opened on February 28, 2012)
48. No. CC030512-02.2 Rand Road Drainage Channel Phase II Project No. DR11-1839 / CIP No. 50759 (Opened on February 28, 2012)
49. No. CC030512-02.3 Elm Avenue Reconstruction E Oakland Street to Utah Street Project No. ST10-1777 / CIP No. 50643 (Opened on February 28, 2012)
Alcoholic Beverage License Applications for Reissuance (None)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
50. No. CC030512-04.1a Presentation of Mayor's written objection to Ordinance No. 5767, An Ordinance to Modify the Length of Term of the Mayor by Amending Section 2.12.020 of the Rapid City Municipal Code, and consideration of Mayor's veto.
51. No. CC030512-04.1b Presentation of Mayor's written objection to Ordinance No. 5768, An Ordinance to Establish the Qualifications and Term of Office for Aldermen by Adding Section 2.08.005 to the Rapid City Municipal Code, and consideration of Mayor's veto.
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 52 - 57
Open Public Hearing (comment) -- Items 52 - 57 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 52 - 53
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until March 19, 2012:
52. No. 12SV001 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Catron Boulevard as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 6 of North 80 Subdivision, legally described as Unplatted Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Stumer Road and Shelby Avenue.
53. No. 11SV024 - A request by Dream Design International, Inc. for Hagg Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Interstate 90, to reduce the width of the common access and parking easement from 59 feet to 40 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the common access and parking easement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 2, 3 and 4 of Block 1 of Gateway Business Park Subdivision, legally described as NW¼ of SE¼ North of Interstate 90 Less Lot H13, less the Mall Drive Subdivision, less the Gateway Business Park Subdivision and less right of way; Lot E of the S½ of the SE¼ less the Gateway Business Park Subdivision all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of East Mall Drive and Outfitter Road.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 52 - 57
CONSENT PUBLIC HEARING ITEMS Item 54 - 56
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (None)
Alcohol Licenses
54. 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 April 10, 2012 at Mt Rushmore Black Hills Gold Factory & Outlet Store, 2707 Mt Rushmore Road
55. 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 June 12, 2012 at A & B Business Solutions, Inc., 1822 W Kansas City Street
56. 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 July 10, 2012 at Gunderson, Palmer, Nelson & Ashmore, LLP, 506 Sixth Street
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 57
57. No. 12SV002 - A request by Centerline, Inc. for Olsen Development Company, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to reduce the easement width from 45 feet to 40 feet along the existing 40 foot wide private access and utility easement; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to reduce the easement width from 45 feet to 28 feet along the proposed 28 foot wide private access and utility easement; to waive the requirement to provide curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway and to dedicate the section line highway as right-of-way; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the H-Lot; and to waive the requirement to provide sewer and a sidewalk along the north side of Vineyard Lane as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Skyline Village Subdivision and Tracts A and B of Canyon Pines Subdivision, legally described as the south 495 feet of the NE1/4 SE1/4 and the SE1/4 SE1/4 less Lot 1 of Bendert Subdivision and less right-of-way all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Promise Road.
BILLS
58. No. CC030512-01 Bill List for March 5, 2012
ADJOURN
ADDENDUM
51a. No. CC030512-04.3 Acknowledge 2012 Equalization Board Schedule for March 19-23, 2012