AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., April 2, 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
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 - 53
Public Comment opened – Items 3 - 32
Public Comment closed
CONSENT ITEMS – Items 3 - 30
Remove Items from the “Consent Items” and Vote on Remaining Consent Items
Approve Minutes
3. Approve Minutes for the March 19, 2012 Regular Council meeting
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (April 16, 2012)
4. Rapid City Summer Nights, Inc. DBA Rapid City Summer Nights, Inc. for a SPECIAL EVENT Wine and Malt Beverage License for an Outdoor Event held on Thursday Evenings beginning June 7, 2012 through August 30, 2012 (13 individual events), on 7th Street and Main Street, 5:00 p.m. to 9:00 p.m.
Public Works Committee Consent Items
5. No. PW032712-09 – Acknowledge Update on the Friendship House Property.
6. No. PW032712-02 – Approve Change Order #5 to Upper Plains Contracting for Catron Boulevard Reconstruction Utility Relocation and Modification, Project No. SSW09-1819 / CIP No. 50495, for an increase of $14,396.40.
7. No. PW032712-03 – Authorize Staff to Advertise for Bids for Maple Avenue Street Reconstruction, Project No. ST09-1859 / CIP No. 50424.5. Estimated Cost: $645,000.00.
8. No. PW032712-04 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement for Construction Administration Services with Stanley Consultants, Inc. for Water Reservoir Maintenance, Project No. W10-1879 / CIP 50804 in the amount of $48,627.00.
9. No. PW032712-06 – Approve Request from Kensington Heights LLC to Waive the Requirement to Immediately Install Sidewalks at Kensington Heights Subdivision, Phases I, II, and III.
10. No. 12VE003 - Elysian Heights Subdivision – Approve a request by City of Rapid City to consider an application 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, more generally described as being located at the current southern terminus of Carriage Hills Drive.
11. No. 12TP004 – Approve the Rapid City Arterial Street Safety Study – Final Report.
12. No. 12TP006 – Approve the 2012-2016 Transportation Improvement Program Amendment #12-006.
13. No. 12TP007 – Approve the 2012-2016 Transportation Improvement Program Amendment #12-007.
14. No. PW032712-07 – Establish Standing Committee on Sustainability.
15. No. PW031312-27 – Authorize Staff to Purchase a 3/4 ton Pickup from McKie Ford for $22,907.00 Using Bid Price in State Contract #16220.
16. No. 12TP005 – Acknowledge the 2011 Rapid City Pedestrian/Bike Crash Report and request an executive summary at City Council.
17. No. PW032712-08 – Acknowledge Report - Presentation on Pervious Concrete – Dr. M.R. Hansen, SD School of Mines and Technology.
18. No. PW031312-18 – Approve the Request for an Exception to Waive the Requirement for a Second Access for 120 Dwelling Units Regarding the Proposed Re-Platting of Lot 4, Block 3, Nielsen Subdivision, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Generally located at 6280 Tittle Springs Place – Dark Canyon Road Area.
19. No. PW032712-10 – Acknowledge Cemetery Division Report
Legal & Finance Committee Consent Items
20. No. LF032812-12 – Approve Mayor and Finance Officer to Sign a Local Government Certification by the Chief Executive Officer for Working Against Violence, Inc. for Emergency Shelter Grant Funds for the Operation of the Emergency Shelter
21. No. LF032812-14 – Authorize Mayor and Finance Officer to Sign the State of South Dakota Consultant Contract/Letter of Agreement for Consultant Services for the SD Department of Corrections Adult Reentry Program.
22. No. LF032812-02 – Approve Event Permit from Progressive Racing Productions, LLC for Tri Rapid City Triathlon on June 30, 2012
23. No. LF032812-03 - Authorize Mayor and Finance Officer to Sign Agreement with Zambelli Fireworks Manufacturing Co.
24. No. LF032812-04 - Acknowledge Capital Improvement Program Committee Monthly Update for March 2012
25. No. LF032812-05 – Approve the 5-Year Plan and Proposed FY2013 Budget for Streets & Drainage, Parks, Government Buildings and IT
26. No. LF032812-06 - Approve the Request to Move $26,931.19 from the IT CIP Contingency to a New Project Titled “Fiber Optic Connection Between CSAC and Library”
27. No. LF032812-08 – Acknowledge Raffle Request from Black Hills Community Loan Fund, Inc.
28. Acknowledge report by Taryn Thomas regarding the Kony 2012 Campaign.
29. No. LF032812-13 – Request the Mayor to Authorize staff to draft ordinance amendments to Sections 15.48.010 and 15.48.090 relating to manufactured homes and bring the amendments to the April 11, 2012, Legal and Finance Committee meeting.
30. No. LF032812-09 – Approve Resolution No. 2012-039 Authorizing the Issuance of Sales Tax Revenue Refunding Bonds of the City; Pledging a Portion of the Sales Tax Receipts of the City to the Payment of Said Bonds; Authorizing Officers of the City to Approve, Execute and Deliver Certain Agreements and Documents Relating to the Bonds (Refunding Series 2005 Sales Tax Bonds).
Community Planning & Development Services Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS – Items 31 - 32
Remove Items from the “Continued Consent Items” and Vote on Remaining Continued Consent Items
Continue the following items until April 16, 2012:
31. 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.
32. No. 12PL008 - A request by Century Resources, Inc. for a Preliminary Plat for proposed Lot 8 and Lot 9 of Block 1 of Menard Subdivision, legally described as a portion of the NE1/4 of the SW1/4 of Section 32, and a portion of the NW1/4 of the SE1/4 of Section 32 located in the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the south side of East Anamosa Street southeast of the intersection East Anamosa Street and North Creek Drive.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 33 - 53
Public Comment opened – Items 33 – 53
Public Comment closed
Ordinances
33. No. LF031412-17 – Second 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.
34. No. LF031412-18 – Second 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.
35. No. LF031412-20 – Second 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.
36. No. 12OA002 – First Reading, Ordinance No. 5811, An Ordinance Specifying who may Institute Amendments to the Zoning of Property and the Comprehensive Plan by Amending Section 17.54.040 of the Rapid City Municipal Code.
37. No. 12OA003 – First Reading, Ordinance No. 5812, An Ordinance Repealing Sections 17.50.050 Through 17.50.105 Regarding Planned Developments and Adopting New Planned Development Overlay District, Planned Unit Development Zoning District, and Administrative Exception Regulations.
38. No. LF032812-10 – First Reading, Ordinance 5803, Supplemental Appropriation #2 for 2012.
39. No. LF032812-11 – First Reading, Ordinance No. 5813, An Ordinance to Update Alcoholic Beverage License Regulations by Amending Chapter 5.12 of the Rapid City Municipal Code.
40. No. 12RZ005 - First Reading, Ordinance No. 5814, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Centerline for Lazy P-6 Land Co., Inc. for a Rezoning from Office Commercial District to General Commercial District for a parcel of land located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing from the northeast corner of Lot 3 of North 80 Subdivision consisting of a “Hanson #6251” cap, thence N0º08'36”E a distance of 175.18' to a point that intersects the centerline of a 50' wide Major Drainage Easement, thence S89º52'06”E a distance of 167.75' to a point on a non-tangent left-hand curve and west right-of way line of Shelby Avenue with a radius of 226.00', a length of 59.56', a chord bearing of S18º45'08”E and a chord distance of 59.39' to the PT, thence S26º18'10”E a distance of 101.47' to the PC of a right-hand curve with a radius of 174.00'and a length of 80.29', thence S0º07'54”W a distance of 255.29' to a “Hanson #6251 cap, thence S55º26'11”W a distance of 15.81' to a “Hanson #6251” cap, thence along the north side of East Stumer Road N89º52'06”W a distance of 237.34' to the southeast corner of Lot 3 consisting of a “Hanson #6251”cap, then N0º08'36”E along the east line of Lot 3 a distance of 313.67' to the Point of Beginning, located at the northwest corner of the intersection of East Stumer Road and Shelby Avenue.
41. No. 12RZ006 - First Reading, Ordinance No. 5815, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Centerline for Lazy P-6 Land Co., Inc. for a Rezoning from Office Commercial District to General Commercial District for a parcel of land located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing from the northerly bevel corner at the northeast corner of the intersection of East Stumer Road and Shelby Avenue consisting of a “Hanson #6251” cap thence N0º07'54”E along the east side of Shelby Avenue a distance of 250.29' to the PC of a left-hand curve with a radius of 226.00' and a length of 104.28' to the PT, thence N26º18'10”W a distance of 101.47' to the PC of a right-hand curve with a radius of 174.00' and a length of 80.29' to the PT, thence N0º07'55”E a distance of 88.53' to a point on the 1/16 line, thence S89º46'12”E a distance of 282.46' to a point, thence S26º36'14”E a distance of 82.96' to a point, thence S67º14'54”E a distance of 39.35' to a point, thence N87º22'06”E a distance of 269.40' to a point on the 1/16 section line, thence S0º06'32”E a distance of 605.05' to a point, thence N89º52'06”W a distance of 395.73' to a point on a non-tangent left-hand curve with a radius of 430.00, a length of 66.48', a chord bearing of N85º42'10”E and a chord length of 66.41' along the south side of East Stumer Road R.O.W. to a point on the curve, thence N8º43'33”W across the R.O.W. a distance of 60.00' to a point on a curve on the north R.O.W. of East Stumer Road, thence through a non-tangent right-hand curve with a radius of 370.00, a length of 57.20', a chord bearing of S85º42'10”W, and a chord length of 57.14' to the PT, thence N89º52'06”W a distance of 131.00', thence N44º52'06”W a distance of 19.80' to the Point of Beginning, located at the northeast corner of the intersection of East Stumer Road and Shelby Avenue.
42. No. 12RZ007 - First Reading, Ordinance No. 5816, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Alan Johannesen for a Rezoning from General Commercial District to Medium Density Residential District for the west half of Lot 4, all of Lot 5 and Lot 6 of Block 38 of Boulevard Addition located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 809 and 811 Fairview Street.
Community Planning & Development Services Department Items
43. 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.
44. No. 12PL007 - A request by Davis Engineering, Inc. for a Preliminary Plat for proposed Lots 8, 9, 10 and 11 of Block 7, Lots 7 and 8 of Block 8, Lots 7, 8, 9 and 10 of Block 10 of Murphy Ranch Estates Subdivision, legally described as the unplatted balance of Tract F of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located at the current eastern terminus of Wesson Road and Knuckleduster Road.
45. No. 12PL009 - A request by Franklin O. Simpson for a Layout Plat for proposed Tract R of Fountain Springs Business Park, legally described as a portion of the unplatted portion of the S1/2 of the NE1/4 lying south of Interstate 90 and the unplatted portion of the N1/2 of the SE1/4 located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the south side of North Plaza Drive approximately 450 feet east of the intersection of Fountain Plaza Drive and North Plaza Drive.
Legal & Finance Committee Items
46. No. LF032812-01 – Event Permit from Summer Nights for June 7, 14, 21, 28; July 5, 12, 19, 26; and August 2, 9, 16, 23, 30.
Public Works Committee Items (None)
Bids
47. No. CC040212-02.1 – Water Reservoir Maintenance Project No. W10-1879 / CIP No. 50804 (Opened on March 20, 2012)
48. No. CC040212-02.2 – Two (2) New Current Year Model Heavy-Duty Front Mount 72” Four (4) Wheel Drive Rotary Mowers, Parks and Recreation Department (Opened on March 27, 2012)
49. No. CC040212-02.3 – Street Rehabilitation Project – E Denver Street Area Project No. 12-1989 / CIP No. 50844 (Opened on March 27, 2012)
50. No. CC040212-02.4 – East St Joseph Street Overlay and Watermain Reconstruction Project No. 11-1908 / CIP No. 50801 (Opened on March 27, 2012)
51. No. CC040212-02.5 – Meadowbrook Maintenance Yard Project No. 12-2026 / CIP No. 50841 (Opened on March 27, 2012)
52. No. CC040212-02.6 – Dinosaur Park Concession Building – Improvements for Fire Damage and Accessibility/Finishes Improvements
Alcoholic Beverage License Applications for Reissuance (None)
Mayor's Items
53. CC040212-04.1 - Re-appointment of Phyllis Okrepkie and Cheryl Pederson to the Humane Society Board of Directors (3 year terms – effective 4/1/2012)
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 54 - 62
Open Public Hearing (comment) -- Items 54 - 62 [Public Hearing Remains Open]
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 April 16, 2012:
54. 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.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 54 – 62
CONSENT PUBLIC HEARING ITEMS – Item 55 - 59
Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
55. No. 12CA002 – Approve a request by Franklin O. Simpson for an Amendment to the Comprehensive Plan to change the land use designation from Commercial to Residential 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°00'00”W 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: S41º00'00”W a distance of 600.00 feet, Thence second course: N61°00'00”W a distance of 254.90 feet, Thence third course: N35°00'00”E a distance of 493.10 feet, Thence fourth course: S77°23'18”E 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.
Alcohol Licenses
56. 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)
57. 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)
58. 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
59. 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.
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS – Items 60 - 62
60. No. CC031912-04.1 - Safeway Store 46, Inc. DBA Safeway #3166, NE Corner of Elk Vale Road and Concourse Drive for a Package (off-sale) Liquor license
61. No. 12RZ004 - Second 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°00'00”W 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: S41º00'00”W a distance of 600.00 feet, Thence second course: N61°00'00”W a distance of 254.90 feet, Thence third course: N35°00'00”E a distance of 493.10 feet, Thence fourth course: S77°23'18”E 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.
62. 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.
BILLS
63. No. CC040212-01 – Bill List for April 2, 2012.
ADJOURN