AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., March 19, 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. Veteran of the Month
2. Employee 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 3 - 74
Public Comment opened Items 3 - 53
Public Comment closed
CONSENT ITEMS Items 3 - 50
Remove Items from the Consent Items and Vote on Remaining Consent Items
APPROVE MINUTES
3. Approve Minutes for the March 5, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (April 2, 2012)
4. Main Street Square LLC DBA Main Street Square, 526 Main Street (Lot 17 & the vacated portions of Main Street & 6th Street adjacent to Lot 17, Lots 18-22 & the vacated portions of Main Street adjacent to Lots 18-22, Lot 23 excluding the East 15 feet of Lot 23, and the vacated alley located between 5th Street and 6th Street, all located in Block 75, Original Town of Rapid City, 1-1N-7E, BHM, Rapid City, Pennington County, South Dakota) for a Retail (on-off sale) Malt Beverage License TRANSFER from Downtown Rapid City Economic Development Co. DBA Destination Rapid City, 606 Main (Lot 17 & the vacated portions of Main Street & 6th Street adjacent to Lot 17, Lots 18-22 & the vacated portions of Main Street adjacent to Lots 18-22, Lot 23 excluding the East 15 feet of Lot 23, all located in Block 75, Original Town of Rapid City, 1-1N-7E, BHM, Rapid City, Pennington County, South Dakota)
5. Main Street Square LLC DBA Main Street Square, 526 Main Street (Lot 17 & the vacated portions of Main Street & 6th Street adjacent to Lot 17, Lots 18-22 & the vacated portions of Main Street adjacent to Lots 18-22, Lot 23 excluding the East 15 feet of Lot 23, and the vacated alley located between 5th Street and 6th Street, all located in Block 75, Original Town of Rapid City, 1-1N-7E, BHM, Rapid City, Pennington County, South Dakota) for a Retail (on-off sale) Wine License TRANSFER from Downtown Rapid City Economic Development Co. DBA Destination Rapid City, 606 Main (Lot 17 & the vacated portions of Main Street & 6th Street adjacent to Lot 17, Lots 18-22 & the vacated portions of Main Street adjacent to Lots 18-22, Lot 23 excluding the East 15 feet of Lot 23, all located in Block 75, Original Town of Rapid City, 1-1N-7E, BHM, Rapid City, Pennington County, South Dakota)
6. Safeway Store 46, Inc. DBA Safeway #3166, NE Corner of Elk Vale Road and Concourse Drive for a Package (off-sale) Liquor license (No. CC031912-04.1)
7. Rushmore German Club DBA Rushmore German Club for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for August 17-25, 2012 at the Central States Fair, 800 San Francisco
8. VooDoo Softball DBA VooDoo Softball for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for April 28, 2012 at the National Guard Armory, Range Road.
Public Works Committee Consent Items
9. No. PW031312-02 Confirm Appointment of Gavin Williams to the Rapid City Historic Preservation Commission.
10. No. PW031312-03 Approve Change Order #1F to Midwestern Mechanical for Fire Station #4 Sprinkler System, Project No. FD11-1953, for an increase of $3,681.00.
11. No. PW031312-04 Authorize Staff to Advertise for Bids for 2012 Microsurfacing Project, Project No. 12-2021 / CIP No. 50798. Estimated Cost: $200,000.00.
12. No. PW031312-05 Authorize Staff to Advertise for Bids for East St. Joseph Street Joint Sealing East Boulevard to Steele Avenue, Project No. 12-2028 / CIP No. 50445. Estimated Cost: $110,000.00.
13. No. PW031312-06 Authorize Staff to Advertise for Bids for Street Rehabilitation Project City Springs & Meadowwood Area, Project No. 12-1984 / CIP No. 50549. Estimated Cost: $400,000.00.
14. No. PW031312-26 Authorize Staff to Advertise for Bids for Solar Bike Path Lighting, Project No. 12-2009. Estimated Cost: $266,000.00.
15. No. PW031312-08 Authorize Mayor and Finance Officer to Sign Agreement with Steve Becher for the right to harvest alfalfa from a certain property owned by the City of Rapid City in the amount of $8,606.00.
16. No. PW031312-09 Authorize Mayor and Finance Officer to Sign Professional Services Agreement with HDR Engineering, Inc. for 5th Street and Texas Street Traffic Signal, Project No. 12-1996 / CIP No. 50897, in the amount of $14,975.00.
17. No. PW031312-10 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Professional Services Agreement with HDR Engineering, Inc. for St. Patrick Street Odor Control Facility, Project No. SS09-1825 / No. 50774, in the amount of $3,400.00.
18. No. PW031312-11 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Professional Services Agreement with FMG Inc. for Elm Avenue Phase 4, Project No. ST10-1777 / No. 50643, in the amount of $10,380.00.
19. No. PW031312-12 - Authorize Mayor and Finance Officer to Sign Resolution No. 2012-031 Authorizing Submittal of a Drinking Water Facilities Funding Application for Renewal of Consolidated Grant 2010G-203 and Authorize the Mayor as Signatory for Items Related to the Grant.
20. No. PW031312-29 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Olsen Development Company, Inc. regarding the design and construction of street and utility improvements within the Promise Road Right of Way.
21. No. PW031312-13 Authorize staff to submit grant application to Federal Transit Administration (FTA) for operating assistance for the amount of $1,670,830.00.
22. No. PW031312-14 Authorize staff to submit grant application to the Federal Transit Administration (FTA) for capital assistance for the amount of $1,680,000.00.
23. No. PW031312-28 Request Authorization to Purchase a Utility Vehicle from Beck Motors for $25,107.00 using State Contract #16216.
24. No. PW031312-15 Authorize Staff to Seek Proposals for Professional Planning and Design Services for the Meadowbrook Golf Course Bunker Designs and Ten-Year Capital Improvement and Maintenance Plan, Project No. PR12-6101.
25. No. PW031312-22 Authorize Staff to Seek Proposals for 2012 Custodial Services at Various Facilities with the Park System; Including Restroom Facilities, Picnic Shelters, and Shop Areas.
26. No. PW031312-16 Authorize Mayor and Finance Officer to Sign Resolution 2012-037 - A Resolution Appointing an Applicant Agent for the Rapid City Fire Department's FEMA Hazard Mitigation Grant Program Grant Applications.
27. No. PW031312-07 Authorize Staff to Advertise for Bids for Street Department Pickups. Estimated Cost: $95,000.00.
28. No. PW031312-23 Acknowledge Snow Removal Budget Report.
29. No. PW031312-17 Approve with a waiver of right to protest a Request from Kevin Wilan for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.16.080 for the Property located at 2501 East Saint Francis Street Lots 11 and 12 of Block 6 of the Rapid Valley Subdivision, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (Generally Located Along the Pecan Lane and East Saint Francis Street)
30. No. PW031312-24 Acknowledge Report - Update on South 5th Street Improvements (Wal-Mart Area).
31. No. PW031312-25 Acknowledge Report - Update on Transit and School Busing Proposal.
32. No. PW031312-19 Acknowledge Report - Parks and Recreation Department Report
33. No. PW031312-20 Acknowledge Report - Update on Mountain Pine Beetle Program.
34. No. PW031312-21 Acknowledge Report - Update on the Survivable Space Initiative.
Legal & Finance Committee Consent Items
35. No. LF031412-03 Historic Preservation Commission - Authorize the Community Planning & Development Services Director to Sign the 2012-2013 Certified Local Government Grant Application in the Amount of $24,410 and Authorize the Mayor and Finance Officer to Sign the Accompanying Certification and Assurances Documents
36. No. LF031412-01 Acknowledge Receipt of Letter from United States Postal Service Regarding Mail Processing Facility
37. No. LF031412-02 Approve Event Permit for Earth Day Event to be Held on April 18, 2012, at 6:00 p.m.
38. No. LF031412-10 Authorize Mayor and Finance Officer to Sign Medical Director Agreement Between the City of Rapid City and Dr. Nathan Long
39. No. LF031412-22 Approve Resolution No. 2012-033 Establishing Fees to be Charged in 2012 for Various Licenses, Permits and Applications.
40. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Jeremy Medeck, Sydney Bitz, Hanna Glissfendorf
41. No. LF031412-04 - Resolution No. 2012-030 Declaring Miscellaneous Personal Property Surplus
42. No. LF031412-06 - Acknowledge January 2012 Sales Tax Update
43. No. LF031412-08 - Authorize Mayor and Finance Officer to Sign Grant Application from the South Dakota Arts Council to the Rapid City Children's Chorus in the Amount of $4,000
44. No. LF031412-09 Authorize Mayor and Finance Officer to Sign Equipment and Vehicle Finance Application with Wells Fargo for the Purchase of Two Street Sweepers
45. No. LF031412-11 - Authorize Mayor and Finance Officer to Sign Indenture of Restrictive Covenants for Community Development Block Grant Subrecipient Community Health Center of the Black Hills
46. No. LF031412-12 Acknowledge Raffle Request from Western Dakota Tech Transportation Technology Auto Club
47. No. LF031412-13 Acknowledge Raffle Request from Black Hills Home Builders PAC Committee
48. No. LF031412-14 Acknowledge Raffle Request from Pennington County Republican Party
49. No. LF020112-26 Request the Mayor to Authorize the City Attorney's office to prepare an amendment to the Code of Conduct relating to due process for presentation at the May 30, 2012, Legal and Finance Committee meeting.
50. No. LF031412-25 Approve Resolution No. 2012-034 Establishing a Moratorium on Off-Premise Digital Signage to Allow for Review of Zoning Regulations.
Community Planning & Development Services Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 51 53
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until April 2, 2012:
51. 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.
52. 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.
53. No. 12VE003 - A request by City of Rapid City for a Vacation of a Note on a Plat for Lots 1 through 10 of Elysian Heights Subdivision located in Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Carriage Hills Drive.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 54 - 74
Public Comment opened Items 54 - 74
Public Comment closed
Ordinances
54. No. LF022912-15 Second Reading, Ordinance No. 5801, An Ordinance Amending Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts.
55. No. LF021512-20 Second Reading, Ordinance No. 5799, An Ordinance Establishing that Applications Submitted Pursuant to Title 17 be Signed by the Owner of Property Identified in the Application or By Their Designated Agent by Adding Section 17.54.065 to the Rapid City Municipal Code.
56. No. LF031412-17 First Reading, Ordinance No. 5804, An Ordinance Establishing Timeframes for the Completion of Projects Funded through the Rapid City Economic Development and Civic Improvement Fund, Commonly Known as the Vision Fund, by Amending Section 3.16.020 of the Rapid City Municipal Code.
57. No. LF031412-18 First Reading, Ordinance No. 5805, An Ordinance to Provide for Terms of Members of the Opportunity Capture Fund Oversight Board by Amending Section 3.22.020 of the Rapid City Municipal Code.
58. No. LF031412-20 First Reading, Ordinance No. 5807, An Ordinance to Revise the Types of Checks for Which Service Charges Apply by Amending Section 9.04.010 of the Rapid City Municipal Code.
59. No. 12RZ004 - First Reading, Ordinance 5810, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Franklin O. Simpson for a Rezoning from General Agriculture District to Medium Density Residential District for a parcel of land located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: starting at a point that bears 19.32 feet S41°00'00W from the northeast corner of previously vacated Tract C Revised of the S.G. Interstate Plaza located in the S1/2 NE1/4 and the N1/2 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and being the point of beginning. Thence first course: S41º00'00W a distance of 600.00 feet, Thence second course: N61°00'00W a distance of 254.90 feet, Thence third course: N35°00'00E a distance of 493.10 feet, Thence fourth course: S77°23'18E a distance of 342.00 feet to the point of beginning, located on the south side of North Plaza Drive approximately 450 feet east of the intersection of Fountain Plaza Drive and North Plaza Drive.
Community Planning & Development Services Department Items (None)
Legal & Finance Committee Items
60. No. LF031412-07 Acknowledge February 2012 General Fund Cash Report.
61. No. LF031412-15 Authorize Mayor and Finance Officer to Sign Settlement Agreement between the City of Rapid City and Layne Christensen Company Regarding Repairs for Well No. 8.
Public Works Committee Items (None)
Bids
62. No. CC031912-02.1 Street Rehabilitation Project Trout Court Project No. 12-1986 / CIP No. 50844 (Opened on March 13, 2012)
63. No. CC031912-02.2 Perrine Drainage Outfall Element 8 Project No. DR11-1963 / CIP No. 50836 (Opened on March 13, 2012)
64. No. CC031912-02.3 City School Administration Center West Steps ADA Ramp Improvements Project No. 11-1993 (Opened on March 13, 2012)
65. No. CC031912-02.4 Hot Mixed Asphaltic Concrete, Various City Departments (Opened on March 13, 2012)
66. No. CC031912-02.5 Ready Mix Concrete, Various City Departments (Opened on March 13, 2012)
67. No. CC031912-02.6 Limestone Gravel, Various City Departments (Opened on March 13, 2012)
68. No. CC031912-02.7 Utility Cut Portland Concrete Replacement, Various City Departments (Opened on March 13, 2012)
69. No. CC031912-02.8 Water Treatment Coagulant, Water Division (Opened on March 13, 2012)
70. No. CC031912-02.9 Hydrofluosilicic Acid (Fluoride), Water Division (Opened on March 13, 2012)
71. No. CC031912-02.10 Chlorine Gas, Water Division (Opened on March 13, 2012)
72. No. CC031912-02.11 Odor Control Chemical for Lift Stations, Water Reclamation Division (Opened on March 13, 2012)
73. No. CC031912-02.12 Sodium Chloride (Salt), Street Division (Opened on March 13, 2012)
74. No. CC031912-02.13 Sweeper Broom Refills, Street Division (Opened on March 13, 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
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 75 - 80
Open Public Hearing (comment) -- Items 75 - 80 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 75 - 77
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until April 2, 2012:
75. 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.
76. 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.
Continue the following items until April 16, 2012
77. No. 12RZ002 Second 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.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 75 - 80
CONSENT PUBLIC HEARING ITEMS Item 78 - 79
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (None)
Alcohol Licenses
78. 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
Assessment Rolls
79. No. LF031412-05 Resolution No. 2012-017B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 80
80. No. 12PD004 Appeal of the Planning Commission's decision request by Advanced Engineering for Ray Lipsey for a Major Amendment to a Commercial Development Plan for Lot A2R of Block 2 of Fox Run Subdivision located in the NE1/4 NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3625 5th Street.
BILLS
81. No. CC031912-01 Bill List for March 19, 2012
ADJOURN