AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., April 16, 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
2a. 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.
Mayor's Items
3. CC041612-04.1 Rapid City Library Board Semi-Annual Update Greta Chapman, Library Director; Jim Olson, Chairperson; Rod Pettigrew, Vice Chairperson
NON-PUBLIC HEARING ITEMS -- Items 4 72a
Public Comment opened Items 4 47
Public Comment closed
CONSENT ITEMS Items 4 45
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the April 2, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (May 7, 2012)
5. Dakotah Steakhouse, LLC DBA Dakotah Steakhouse, 1325 N. Elk Vale Road for a Retail (on-off sale) Wine license
Public Works Committee Consent Items
6. No. PW041012-02 Approve Change Order #3 to Dean Kurtz Construction for Kepps Reservoir Control Valve Station, Project No. W10-1845 / CIP No. 50784, for an increase of $4,711.00.
7. No. PW041012-03 Authorize Staff to Advertise for Bids for 32nd Street Bridge Repairs, Project No. 12-2023 / CIP No. 50752. Estimated Cost: $85,000.00.
8. No. PW041012-04 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project E. Centennial Street and Redwood Street, Project No. 12-1987 / CIP No. 50844. Estimated Cost: $190,000.00.
9. No. PW041012-05 Authorize Staff to Advertise for Bids for Star of the West Parking Lot Repairs, Project No. 12-2030 / CIP No. 50909. Estimated Cost: $150,000.00.
10. No. PW041012-06 Authorize Staff to Advertise for Bids for Enchantment Road Sanitary Sewer Extension, Project No. 11-1977 / CIP No. 50882. Estimated Cost: $750,000.00.
11. No. PW041012-07 Authorize Staff to Advertise for Bids for Dakota Drive and West Main Street Reconstruction, Project No. W10-1894 / CIP No. 50399. Estimated Cost: $1,090,000.00.
12. No. PW041012-08 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and CETEC Engineering Services, inc. for Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728, in the amount of $499,204.00.
13. No. PW041012-09 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and Ferber Engineering Company Inc. for West Chicago and Station Place Reconstruction, Project No. 12-1187 / CIP No. 50364, in the amount of $170,730.00.
14. No. PW041012-10 Authorize Mayor and Finance Officer to Sign Amendment Number 2 to Agreement Number 6874 between the City of Rapid City and the State of South Dakota Department of Transportation.
15. No. PW041012-11 Approve Resolution 2012-042 Construction Fee Resolution for J&J Truck and Auto Body Water Main Extension, Project No. SS08-1776, Oversize Fee.
16. No. PW041012-17 Approve with Stipulations a Request from Leo and Linda Schaefbauer for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.16.080 for the property located at 3110 Haines Avenue Lot 3, Block 9, McMahon Industrial Park #2, Section 24, T2N, R7E, Rapid City, Pennington County, South Dakota.
17. No. 12TP012 Approve the 2012-2016 Transportation Improvement Program Amendment #12-008.
18. No. PW041012-14 Authorize the Mayor and Finance Officer to Sign the Affidavit of the Mayor Acknowledging the Compliance Inspection Reports for Land and Water Conservation Fund Projects.
19. No. PW041012-15 Authorize Staff to Seek Proposals for Professional Planning and Design Services for the Sweet Creek Spur Trail Design (Deadwood Avenue Neighborhood Recreational Trail), Project Number PR12-6102.
20. No. PW041012-21 Acknowledge the Timeline for the Move of the Madison Pap Cabin.
21. No. PW041012-22 Historic Preservation Commission Annual Report (Information Item).
22. No. PW041012-18 Acknowledge Aquatics Division Report Barb Limbo.
23. No. PW041012-19 Acknowledge Historic Preservation Commission Report.
24. No. PW041012-13 Acknowledge Update on Water Storage Reservoirs Status and 2012 Conservation Measures John Wagner.
Legal & Finance Committee Consent Items
25. No. LF041112-01 Confirm Appointments of Ray Carpenter and Charles Summers to the Rapid City Regional Airport Board
26. Authorize Staff to Accept Assistance to Firefighters Grant from the Federal Emergency Management Agency in the Approximate Amount of $12,000
27. No. LF041112-02 - Authorize Mayor and Finance Officer to Sign Addendum to State of South Dakota Fire Suppression Agreement for the City of Rapid City
28. No. LF041112-25 - Request for An Exception from the Consultant Selection Process for Fire Station No. 1
29. No. 12TP008 - Authorize Mayor and Finance Officer to Sign the 2012 Unified Planning Work Program Amendment 2012-01
30. No. 12TP009 - Authorize Mayor and Finance Officer to Sign Amendment Number 1 to Agreement Number 811105 between the City of Rapid City and the South Dakota Department of Transportation for Accomplishing the Rapid City Area Transportation Planning Process
31. No. LF041112-03 - Acknowledge Change in Public Hearing Process for Ordinance Amendments
32. No. LF041112-04 Resolution No. 2012-032A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
33. No. LF041112-05 Depository Task Force Request for 60 Day Extension
34. No. LF041112-06 - February 2012 Sales Tax Update
35. No. LF041112-07 - March 2012 General Fund Cash Balance Update
36. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Nancy Ward
37. No. LF041112-26 - Resolution No. 2012-044 Revising the Infrastructure Development Partnership Fund Guidelines
38. No. LF041112-08 - Approve Subsidy Committee Recommendation to Amend the FY 2010 and FY 2012 CDBG Annual Action Plans to Reallocate $65,057.61 of Recaptured Community Development Block Grant (CDBG) Funds and Authorize the Subsidy Committee to Include the Funds in the Recommended Allocations for the FY 2012 Annual Action Plan Amendment
39. No. LF041112-09 - Approve Subsidy Committee Recommendation to Amend the FY 2012 CDBG Annual Action Plan to Reallocate $167,280.71 of Recaptured Community Development Block Grant (CDBG) Funds
40. No. LF041112-12 - Approve 2012 Request for Ice Cream Vendor License from Ken Krzyzanowski, d/b/a Mr. Rags Ice Cream
41. No. LF041112-13 Acknowledge Raffle Request from Timberline Little League
42. No. LF041112-14 Acknowledge Raffle Request from Front Porch Coalition
43. No. LF041112-28 Acknowledge Raffle Request from Black Hills Home Builders Build PAC
44. No. LF041112-27 Approve request by President's Plaza to authorize Mayor and Finance Officer to sign any applications/petitions to proceed with the President's Plaza Project.
45. No. LF041112-24 Approve Resolution No. 2012-041 Changing the Order of Business for City Council Meetings by Amending Section 2.9 of the City Council Policies and Procedures Handbook.
Community Planning & Development Services Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 46 - 47
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until May 7, 2012:
46. 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.
47. 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 48 - 72a
Public Comment opened Items 48 - 72a
Public Comment closed
Ordinances
48. No. LF032812-10 Second Reading, Ordinance 5803, Supplemental Appropriation #2 for 2012.
49. No. LF032812-11 Second Reading, Ordinance No. 5813, An Ordinance to Update Alcoholic Beverage License Regulations by Amending Chapter 5.12 of the Rapid City Municipal Code.
50. No. 12OA002 Second 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.
51. No. 12OA003 Second 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.
52. No. LF032812-13 First Reading, Ordinance No. 5817, An Ordinance to Allow Modular Homes in Manufactured Home Parks by Amending Section 15.48.010 and Section 15.48.090 of Chapter 15.48 of the Rapid City Municipal Code.
53. No. LF041112-15 First Reading, Ordinance No. 5818, An Ordinance Enacting the 2009 International Building Code by Repealing Chapter 15.12 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.12 of the Rapid City Municipal Code.
54. No. LF041112-16 First Reading, Ordinance No. 5819, An Ordinance Adopting the 2009 International Residential Code by Repealing Chapter 15.13 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.13 of the Rapid City Municipal Code.
55. No. LF041112-17 First Reading, Ordinance No. 5820, An Ordinance Adopting the 2009 International Property Maintenance Code by Repealing Chapter 15.14 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.14 of the Rapid City Municipal Code.
56. No. LF041112-18 First Reading, Ordinance No. 5821, An Ordinance Adopting the 2009 International Existing Building Code by Repealing Chapter 15.15 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.15 of the Rapid City Municipal Code.
57. No. LF041112-19 First Reading, Ordinance No. 5822, An Ordinance Adopting the 2011 National Electric Code with Amendments by Repealing Chapters 15.16 and 5.28 of the Rapid City Municipal Code in Their Entirety and Adopting a New Chapter 15.16 of the Rapid City Municipal Code.
58. No. LF041112-20 First Reading, Ordinance No. 5823, An Ordinance Repealing Chapter 15.26 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.26 of the Rapid City Municipal Code Entitled Mechanical Code.
59. No. LF041112-21 First Reading, Ordinance No. 5824, An Ordinance Enacting the 2009 International Fuel Gas Code by Repealing Chapter 15.22 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.22 of the Rapid City Municipal Code.
60. No. LF041112-22 First Reading, Ordinance No. 5825, An Ordinance Allowing Businesses in the Central Business District to Sell Products on the Sidewalk Immediately Adjacent to Their Business During Special Events by Amending Section 12.12.020 of the Rapid City Municipal Code.
61. 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 N0º08'36E a distance of 175.18' to a point that intersects the centerline of a 50' wide Major Drainage Easement, thence S89º52'06E 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 S18º45'08E and a chord distance of 59.39' to the PT, thence S26º18'10E 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 S0º07'54W a distance of 255.29' to a Hanson #6251 cap, thence S55º26'11W a distance of 15.81' to a Hanson #6251 cap, thence along the north side of East Stumer Road N89º52'06W a distance of 237.34' to the southeast corner of Lot 3 consisting of a Hanson #6251cap, then N0º08'36E 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. (Continued from April 2, 2012 Council)
62. 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 N0º07'54E 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 N26º18'10W 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 N0º07'55E a distance of 88.53' to a point on the 1/16 line, thence S89º46'12E a distance of 282.46' to a point, thence S26º36'14E a distance of 82.96' to a point, thence S67º14'54E a distance of 39.35' to a point, thence N87º22'06E a distance of 269.40' to a point on the 1/16 section line, thence S0º06'32E a distance of 605.05' to a point, thence N89º52'06W 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 N85º42'10E 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 N8º43'33W 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 S85º42'10W, and a chord length of 57.14' to the PT, thence N89º52'06W a distance of 131.00', thence N44º52'06W 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. (Continued from April 2, 2012 Council)
63. 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. (Continued from April 2, 2012 Council)
Community Planning & Development Services Department Items (None)
Legal & Finance Committee Items
64. No. LF041112-10 Authorize the Mayor and Finance Officer to Sign Contract for Construction of Public Improvements Through Private Developer Tax Increment District Number Seventy-Two between Technology Housing, L.L.C. and the City of Rapid City.
65. No. LF041112-11 Authorize the Mayor and Finance Officer to Sign Assignment Agreement between the City of Rapid City, Technology Housing, L.L.C. and Great Western Bank.
Public Works Committee Items
66. No. PW041012-16 Award the Contract for 2012 Custodial Services for Park Shelters and Restrooms throughout the Park System to Black Hills Workshop in the Amount of $68,294.00, and Authorize Mayor and Finance Officer to Sign the Contract.
Bids
67. No. CC041612-02.1 2012 Miscellaneous Improvements Projects, Project No. MIP12-2004 / CIP No. 50298 (Opened on April 10, 2012)
68. No. CC041612-02.2 2012 Microsurfacing Project, Project No. 12-2021 / CIP No. 50798 (Opened on April 10, 2012)
69. No. CC041612-02.3 Saint Joseph Street Joint Sealing, Project No. 12-2028 / CIP No. 50445 (Opened on April 10, 2012)
70. No. CC041612-02.4 Sweeper Broom Refills, Street Division (Opened on April 10, 2012)
71. No. CC041612-02.5 Two (2) New Current Model Year Vacuum Street Sweepers, Street Division (Opened on April 10, 2012)
72. No. CC041612-02.6 Four (4) New Current Model Year 1-Ton 4x4 Regular Cab Long Box Pickups, Street Division (Opened on April 10, 2012)
Alcoholic Beverage License Applications for Reissuance (None)
Mayor's Items
72a No. CC041612-04.2 - Acknowledge receipt of letter from State's Attorney regarding Ifrit's Hookah Lounge - Chief Steve Allender
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 73 - 75
Open Public Hearing (comment) -- Items 73 - 75 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 73 - 74
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until May 7, 2012:
73. No. CC041612-04.3 - 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.
74. 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 73 - 75
CONSENT PUBLIC HEARING ITEMS (NONE)
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (None)
Alcohol Licenses (None)
Assessment Rolls (None)
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 75
75. 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 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.
BILLS
76. No. CC041612-01 Bill List for April 16, 2012
ADJOURN