AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., June 18, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Veteran of the Month
2. Employee Awards
3. Rapid City Beautification Committee Yard of the Month
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
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 72a
Public Comment opened Items 4 52
Public Comment closed
CONSENT ITEMS Items 4 52
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the June 4, 2012 Regular Council meeting, the June 12, 2012 Special Council meeting and the June 4, 2012 Special Council meeting (Vision Fund Committee)
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (July 2, 2012)
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 16, 2012 at Soul Mates, 616 St Joseph Street.
6. MG Oil Company DBA Rushmore Casino II, 1808 Mt Rushmore Road for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Nifty Fifties, Inc DBA Parkway Restaurant, 312 East Blvd N for a Retail (on-off sale) Malt Beverage License with Video Lottery
7. MG Oil Company DBA Mt Rushmore Rd Casino, 2208 Mt Rushmore Rd for a Retail (on-off sale) Malt Beverage with Video Lottery TRANSFER from Warehouse Sports Bar, 200 E Main Street for a Retail (on-off sale) Malt Beverage License with Video Lottery
Public Works Committee Consent Items
8. No. PW061212-02 Acknowledge Agreement with US Geological Survey for Flood Plaques.
9. No. PW061212-03 Confirm Appointments to the Code Enforcement Board of Appeals.
10. No. PW061212-05 Approve Change Order #3F to Rapid Construction Co. LLC for Frontier Place Reconstruction, Project No. DR07-1679 / CIP No. 50806, for an increase of $1,293.60.
11. No. PW061212-07 Approve Change Order #3F to RCS Construction, Inc. for the WRF Primary Digester Cover Replacement Project; Project No. WRF10-1883 / CIP No. 50790; for a decrease of $15,600.00 contingent upon approval of the change order by the South Dakota Department of Environment and Natural Resources.
12. No. PW061212-10 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and DTH, LLC for Oversize Water Transmission Main and Construction Observation for Oversize Project Improvements.
13. No. PW061212-11 Authorize Mayor and Finance Officer to Sign Waiver of right to protest a future assessment for the installation of sidewalk along the 100 Block of Centennial Street as it abuts Block 24A in Robbinsdale Addition #7, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
14. No. PW061212-13 Authorize Staff to Seek Proposals for Engineering Services for Minnekahta Drive Area Watermain and Sanitary Sewer Reconstruction, Project No. 11-1980 / CIP No. 50826. Estimated Cost for Design and Construction: $1,225,000.00.
15. No. PW061212-14 Authorize Lowering the Percentage of Work that the General Contractor Must Perform from 50% to 35% for the Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728.
16. No. PW061212-17 Approve a Request from the City of Rapid City for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 2441 N Elk Vale Road Lot 1 of Block 2 of I-90 Heartland Business Park, Section 28, T2N, R8E, BHM, Pennington County, South Dakota (for Elk Vale Lift Station upgrades).
17. No. PW061212-15 Authorize Lowering the Percentage of Work that the General Contractor Must Perform from 50% to 35% for South Valley Drive Extension, Project No. 11-1960 / CIP No. 50886.
18. No. PW061212-16 Authorize staff to purchase a replacement vehicle for a pick up that was totaled in a crash. Estimated Cost: $24,220.00.
19. No. PW061212-19 Approve with Stipulations a Request from Dream Design International Inc. for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at Dyess Avenue South 423.0 feet of the SW1/4 of the NW1/4 and the North 925.0 feet of the NW1/4 of the SW1/4, Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota.
20. No. PW061212-20 Approve Resolution #2012-072 Terminating the Remaining In-Force Agreements Pertaining to the Completion of Sidewalks by Developers.
21. No. 12TP013 2013-2017 Draft Transportation Improvement Program.
22. No. 12TP014 2012-2016 Transportation Improvement Program Amendment #12-009.
23. No. PW061212-22 Approve Policy on Guidelines for Priority Use of Park and Recreation Facilities.
24. No. PW061212-23 Approve Policy on Guidelines for Community Use of Parks and Recreation Rental Facilities.
25. No. PW061212-24 Authorize Mayor and Finance Officer to Sign an Agreement with Fennell Design Inc. for the Rapid City Fire Department Facilities Strategic Plan and Rapid City Fire Station #1A, in the amount of $129,320.00.
26. No. PW061212-08 Authorize Staff to Advertise for Bids for the Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728. Estimated Cost: $4,010,000.00.
27. No. PW061212-12 Acknowledge Completion of Sidewalk Installation on Disk Drive.
28. No. PW061212-21 Authorize staff to purchase four (4) ADA approved Dial-A-Ride Transit Vehicles through the State of Minnesota Cooperative Purchasing Venture (CPV) from Eldorado National Inc., in the amount of $344,080.00. These vehicles will replace four existing vehicles that have reached their maximum useful life. Eighty three percent (83%) of the procurement costs ($285,586) will be provided by Federal transit Administration (FTA) Section 5309 State of Good Repair Grant Funds.
29. No. PW061212-25 Direct the City of Rapid City to proceed with negotiations to purchase the property at 3213 Dover Street.
30. No. PW061212-27 Acknowledge Letter from DENR.
Legal & Finance Committee Consent Items
31. No. LF061312-03 Approve Event Permit for Art Alley Garage Sale for June 29-30, 2012
32. No. LF061312-23 Authorize Mayor and Finance Office to Sign State of South Dakota Fire Suppression Addendum with the City of Rapid City
33. No. LF061312-04 Acknowledge Report of Opportunity Capture Fund Committee
34. No. LF061312-05 Approve Investment Policy
35. No. LF061312-06 Acknowledge April 2012 Sales Tax Update
36. No. LF061312-07 Acknowledge May, 2012, General Fund Cash Balance Update
37. No. LF061312-20 - Approve Reallocation of the FY-2014 ASA Softball Funding to FY-2012 in the Amount of $100,000 and FY-2013 in the Amount of $1,100,000
38. No. LF061312-21 - Approve Reallocation of the Mt Rushmore Road Corridor Phase I Funding to FY-2014 in the Amount of $1,800,000
39. No. LF061312-22 - Approve the Allocation of Funding for the Mt Rushmore Road Corridor Phase II for FY-2013 in the Amount of $200,000 and FY-2015 in the Amount of $2,900,000
40. No. LF061312-09 Resolution No. 2012-069 Adding a Business to the Business Improvement District No. 1
41. No. LF061312-10 Acknowledge Raffle Request from Preventive Health Strategies
42. No. LF061312-11 Acknowledge Raffle Request from Working Against Violence, Inc.
43. No. LF061312-12 Acknowledge Raffle Request from Second Alarm Car Club
44. No. LF061312-13 Acknowledge Raffle Request from Black Hills Homebuilders Association
45. No. LF061312-14 Acknowledge Raffle Request from Black Hills Homebuilders Scholarship & Education Committee.
46. No. LF061312-15 Acknowledge Raffle Request from Big Brothers Big Sisters of the Black Hills
47. No. PW051512-16 Approve staff's recommended changes to the notification process with the request to change the color of the signs.
48. No. LF061312-17 Find that all feasible and prudent alternatives to the construction of a parking garage/commercial structure at 525 St. Joseph Street have been pursued and that all possible planning to minimize harm to historic property has taken place and moved to authorize the required notice to be forwarded to the State Historical Preservation Office, Office of History, Request for SDCL 1-19A-11.1.
49. No. LF061312-24 Acknowledge Brendan Casey's request to consider removal of the word Public Purpose from proposed Rapid City Municipal Code 15.28.170.
50. No. LF061312-25 Acknowledge Brendan Casey's issue of Warranty; Verne Goodsell and Scenic Rapid.
Community Planning & Development Services Department Consent Items (None)
Continued Consent Items - Continue the following items until July 2, 2012:
51. 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.
52. 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 CONSENT ITEMS
NON-CONSENT ITEMS Items 53 - 72a
Public Comment opened Items 53 - 72a
Public Comment closed
Ordinances
53. No. LF121411-17 First Reading, Ordinance No. 5776, An Ordinance Establishing a Minimum Separation between Certain Video Lottery Casinos and Residentially Zoned Property by Adding Section 5.64.030 to the Rapid City Municipal Code.
54. No. LF061312-18 First Reading, Ordinance No. 5845, An Ordinance to Change the Terms and Criteria of the Life Safety Loan Program by Amending Chapter 3.28.020 of the Rapid City Municipal Code.
55. No. LF061312-19 First Reading, Ordinance No. 5847, An Ordinance Imposing Additional Requirements for Projects Approved through the Rapid City Economic Development and Civic Improvements Fund (The Vision Fund) by Amending Section 3.16.020 of the Rapid City Municipal Code.
56. No. LF053012-19 Second Reading, Ordinance No. 5844, An Ordinance Clarifying the Permissible Fireworks in the City of Rapid City by Amending Section 8.24.020 of the Rapid City Municipal Code.
57. No. LF051612-19 Second Reading, Ordinance No. 5841, An Ordinance to Give the Chief of Police Discretion to Designate Temporary Parking Zones by Adding Section 10.44.015 to the Rapid City Municipal Code.
58. No. LF111611-21A Second Reading, Ordinance No. 5779, An Ordinance Repealing Chapter 15.28 of the Rapid City Municipal Code in Its Entirety and Adopting a New Chapter 15.28 Regulating Signage within the City of Rapid City.
59. No. LF031412-23 Second Reading, Ordinance No. 5808, An Ordinance Regulating On-Premise Signs by Adding Chapter 15.29 to the Rapid City Municipal Code.
60. No. LF031412-24 Second Reading, Ordinance No. 5809, An Ordinance Regulating Off-Premises Signs by Adding Chapter 15.30 to the Rapid City Municipal Code.
61. No. 12RZ009 - Section 26, T2N, R7E First Reading, Ordinance 5846, 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 Bailey Associates, Inc. to consider an application for a Rezoning from Low Density Residential District to General Agriculture District for the SE1/2 SW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of the eastern terminus of Commerce Road.
Community Planning & Development Services Department Items (None)
Legal & Finance Committee Items
62. No. LF061312-01 Acknowledge report on travel.
63. No. LF061312-02 Acknowledge update on use of Council Contingency.
Public Works Committee Items
64. No. PW061212-06 Approve Change Order #1F to Hills Materials Company for Meadowbrook Maintenance Yard, Project No. 12-2026 / CIP No. 50841, for an increase of $12,765.82.
65. No. PW061212-18 Approve with Stipulations a Request from Hills Material Company for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 3720 Sturgis Road Lot 2 of HMC Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota.
Bids
66. No. CC060412-02.2 Roll Off Truck, Solid Waste Division (Opened on May 29, 2012) (continued from June 4, 2012 Council)
67. No. CC061812-02.1 5th Street & Texas Street Traffic Signal Project No. 12-1996 / CIP No. 50897 (Opened on June 12, 2012)
68. No. CC061812-02.2 Safe Route to Schools, Project No. 11-1920 / CIP 50924: DOT No. SRTS PH. 3 P SRTS (14) PCN 02UA (Opened on June 12, 2012)
69. No. CC061812-02.3 One (1) New Current Model Year Electric Pickup Sander Spreader (Opened on June 12, 2012)
Alcoholic Beverage License Applications Renewals (Items 70 72)
2012-2013 Retail (On-Off Sale) Malt Beverage License Renewals NO Video Lottery
70. Gab Denk Kwak DBA Hana Restaurant, 3550 Sturgis Rd for a Retail (on-off sale) Malt Beverage License
71. Mae Jean Adams DBA The Corn Exchange, 727 Main St for a Retail (on-off sale) Malt Beverage License
72. Century Motels Inc DBA Howard Johnson Express Inn & Suites, 950 North St for a Retail (on-off sale) Malt Beverage License
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
72a. No. CC061812-04.1 - Litigation update from City Attorney
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 73 - 84
Open Public Hearing (comment) -- Items 73 - 84 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 73 - 75
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until July 2, 2012:
73. 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.
74. No. LF061312-16 Approve Resolution No. 2012-054B Levying Assessment for Cleanup of Miscellaneous Property.
Continue the following items until September 17, 2012:
75. No. 12RZ008 First Reading, Ordinance 5843, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by By-Pass Development, LLC for a Rezoning from Light Industrial District to Heavy Industrial District for Lot 6 of Block 2 of I-90 Heartland Business Park located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the current northern terminus of Rearden Court.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 73 - 84
CONSENT PUBLIC HEARING ITEMS Item 76 - 81
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (None)
Alcohol Licenses
76. The Beanery Deli & Bakery LLC DBA The Beanery, 201 Main Street for a Retail (on-off sale) Malt Beverage & SD Farm Wine License
77. Atlantis LLC DBA Fairfield Inn & Suites, 1314 N Elk Vale Rd for a Package (off-sale) Liquor License
78. Wisdom Inc DBA Country Inn & Suites, 2321 N LaCrosse St for a Package (off-sale) Liquor License
79. Skyway Enterprises Inc DBA AmericInn Lodge & Suites, 1632 Rapp St for a Package (off-sale) Liquor License
2012-2013 Retail (On-Off Sale) Malt Beverage License Renewals NO Video Lottery
80. Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 2520 W Main St for a Retail (on-off sale) Malt Beverage License
81. CEC Entertainment Inc DBA Chuck E Cheese's, 30 Knollwood Dr for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 82 - 84
82. No. 12VR002 - A request by Dream Design International, Inc. for President's Plaza, LLC for a Vacation of Right-of-Way for a portion of the 6th Street right-of-way lying adjacent to Tract A of Block 95 in the Original Town of Rapid City located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being the east 13 feet of 6th Street located south of Saint Joseph Street to the alley.
83. No. 12VR003 - A request by Dream Design International, Inc. for President's Plaza, LLC for a Vacation of Right-of-Way for a portion of the 5th Street right-of-way lying adjacent to Tract A of Block 95 in the Original Town of Rapid City located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being the west one foot of 5th Street located south of Saint Joseph Street to the alley.
84. No. 12VR004 - A request by Dream Design International, Inc. for President's Plaza, LLC for a Vacation of Right-of-Way for a portion of the Saint Joseph Street right-of-way lying adjacent to Tract A of Block 95 in the Original Town of Rapid City located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being the south 3.5 feet of Saint Joseph Street located between 5th Street and 6th Street.
BILLS
85. No. CC061812-01 Bill List for June 18, 2012
ADJOURN