AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
7:00 P.M., August 1, 2011
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
64a - Report on Mayor's Veto
APPROVE MINUTES for the July 18, 2011 Regular Council Meeting.
AWARDS AND RECOGNITIONS
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.
1. No. CC080111-04.1 - Report from the Rapid City Public Library Board Greta Chapman, Library Director and Sandra McNeely, Library Board Chair
NON-PUBLIC HEARING ITEMS -- Items 2 64
Public Comment opened Items 2 57
Public Comment closed
CONSENT ITEMS Items 2 54
Remove Items from the Consent Items and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (September, 6, 2011)
2. No. 11VR004 - A request by Gene Fennell for Pennington County for a Vacation of Right-of-Way of the alley right-of-way adjacent to Lots 1-12 and Lots 21-32 of Block 99 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the alley right-of-way lying west of 1st Street between Kansas City Street and Saint Joseph Street.
Alcoholic Beverage License Applications Set for Hearing (August 15, 2011)
Special Event
3. Dacotah Territory International Visitor Program DBA Dacotah Territory International Visitor Program for a Special Event Wine License for an Event Scheduled for August 22, 2011 at Prairie Edge, 606 Main Street.
4. SDSM&T Foundation DBA SDSM&T Foundation for a Special Event Beer License for an Event Scheduled for August 27, September 17, September 24, October 15, and October 29, 2011 at SDSM&T Campus-O'Harra Stadium
Transfer
5. Entertainment Inc DBA Robbinsdale Lounge, 801 E St Patrick Street (Outlot A and Lots 1-2 of Outlot C, Merchants First Addition) for a Retail (on-sale) Liquor license TRANSFER from Entertainment Inc DBA Robbinsdale Lounge, 801 E St Patrick Street (Lots 1-2 of Outlot C, Merchants First Addition)
Public Works Committee Consent Items
6. No. PW072611-02 Acknowledge Status Report on Abandoned Property at 802 E Tallent Street. (Forwarded from the July 18, 2011, City Council Meeting)
7. No. PW072611-03 Acknowledge Abandoned Property Issues Report
8. No. PW072611-04 Acknowledge Road Core Sampling Ordinance Report
9. No. PW072611-01 Acknowledge June 2011 Water and Wastewater Report.
10. No. PW072611-05 Approve Change Order No. 1 to J&J Asphalt Company for Pavement Rehab #4 Meadowbrook Drive, Parkridge Drive, Morningview Drive Project, Project No. ST11-1913 / CIP No. 50844, for an increase of $37,037.18.
11. No. PW072611-06 Approve Change Order No. 1F to Stanley Johnsen Concrete Contractor, Inc. for St. Onge Street Reconstruction, Project ST10-1948 / CIP No. 50445, for a decrease of $5,357.08.
12. No. PW072611-07 Approve Change Order No. 4 to SECO Construction for Main Street Square Site Development, Project PR2010-1901 for an increase of $21,129.00. (Funded by Destination Rapid City)
13. No. PW072611-08 Authorize Staff to Advertise for Bids for the 2011 Out of the Dust Project, Project No. ST11-1968 / CIP 50297. Estimated Cost: $60,000.
14. No. PW072611-09 Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with FMG, Inc. for the Anamosa Street Utilities Reconstruction Midway to Milwaukee, Project No. ST07-1473 / CIP No. 50559, in the amount of $73,710.
15. No. PW072611-10 Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Kadrmas, Lee and Jackson, Inc. for the East North Street Reconstruction Pine Street to Cambell Street, Project No. ST08-1511 / CIP No. 50142 in the amount of $112,282.84.
16. No. PW072611-11 Authorize Mayor and Finance Officer to Sign an Agreement Amendment with the SD Department of Transportation for the Jackson Boulevard Utilities Project No. SSW09-1509 / CIP No. 50351 to increase the temporary easement.
17. No. PW072611-12 Authorize Mayor and Finance Officer to Sign an Agreement Between the City of Rapid City and Richard Thomas Carlson II and Katharine Carlson for the Extension of Water and Sanitary Sewer Mains on Fulton Street.
18. No. PW072611-13 Authorize Staff to Seek Proposals for Engineering Services for East Saint Joseph Street Overlay and Watermain Reconstruction, Project No. W11-1908 / CIP No. 50801. Estimated Cost for Design and Construction: $1,350,000.00.
19. No. PW072611-14 Authorize Staff to Seek Proposals for Engineering Services for West Boulevard Sanitary Sewer Reconstruction, Project No. W11-1961 / CIP No. 50794. Estimated Cost for Design and Construction: $1,420,000.00.
20. No. PW072611-15 Acknowledge Update on Hoefer Avenue Bridge Report.
21. No. PW072611-16 Approve Change Order No. 2 to Second Nature for the Mt. View and Mt. Calvary Cemeteries Irrigation System, Phase 3, Project PR09-6010, for an increase of $7,271.05.
22. No. PW072611-17 Authorize Staff to Apply for a Gwendolyn L. Stearns Foundation Grant in the Amount of $15,000; Proceeds to be Used for Landscaping at Vickie Powers Memorial Park.
23. No. PW072611-18 Authorize Mayor and Finance Officer to Sign Bleacher Rental Agreement with Box Elder/Nemo Center Job Corps for Up to Two Bleacher Units for August 30, 2011.
24. No. 11CA007 Section 35, T2N, R7E - Approve a request by City of Rapid City for a Amendment to the Comprehensive Plan to revise the Major Street Plan by adding a collector street and eliminating two collector streets for the E1/2 of the NE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Omaha Street and west of Interstate 190.
25. No. PW072611-21 Acknowledge Update of Subdivision Ordinance Changes Report Brett Limbaugh.
Legal & Finance Committee Consent Items
26. No. LF072711-01 Find that all feasible and prudent alternatives to the replacement of windows with tinted glass windows at 413 Sixth Street have been pursued and that all possible planning to minimize harm to historic property has taken place and Authorize the required notice be forwarded to the State Historical Preservation Office, Office of History.
27. No. LF072711-02 Confirm appointment of Bill Kessloff to the Rapid City Regional Airport Board to fill a vacancy (due to resignation) for a term that will expire May 1, 2012.
28. No. LF072711-23 Confirm the reappointments of Terry Nelson, Frank Morrison, Diane Alberts, Jerry Schmidt and Peter Schmid to the Downtown Business Improvement District Board for terms to expire August 1, 2013.
29. No. LF072711-04 Acknowledge Capital Improvement Program Committee monthly update for July 2011.
30. No. LF072711-05 Acknowledge Capital Plan for Street, Drainage and MIP Projects for July 2011.
31. No. LF072711-06 Approve an amount not to exceed $5,414.89 from CIP Contingency for the installation of automatic door for Minneluzahan Senior Citizen Center Project for the lowest bid that includes the wireless entry switch.
32. No. LF072711-07 Approve an additional $1,800.00 allocation to the Parks/Recreation Facility Partnership Program for Star of the West Sports Complex Guard Rail Project for a total project allocation of $10,476.00.
33. Acknowledge Human Relations Commission update.
34. No. LF072711-08 Approve Employee Suggestion Program revisions.
35. Request the Mayor to direct the City Attorney's office to review and bring back suggestions regarding Ordinance No. 5398 to allow the use of electronic communication media during public meetings while still preventing private electronic communication.
36. No. LF072711-26 - Acknowledge Chamber of Commerce survey for term-length update.
37. Request the Mayor to direct staff to prepare revisions to the use of the Fraud and Waste Hotline.
38. Acknowledge Civic Center Board liaison report - Charity Doyle.
39. No. LF072711-09 Approve Event Permit for United States General Services Administration Dedication Ceremony to be held on August 19, 2011.
40. No. LF072711-21 Approve Event Permit for Botticelli Ristorante for motorcycle parking August 7-13, 2011.
41. No. LF072711-10 Acknowledge presentation of 2009 audit findings and action plan.
42. No. CC080111-04.2 - Request the Mayor to direct the City Attorney's office to draft an ordinance that establishes a Charter for the Compass Accountability Plan.
43. No. LF072711-22 Acknowledge General Fund comparisons discussion.
44. No. LF072711-22 Acknowledge discussion on undesignated cash and reserves and Request the Mayor to direct the City Attorney's office to draft a Notification ordinance.
45. Acknowledge the following volunteer for workmen's compensation purposes: Mike L. Groskoph.
46. Authorize Mayor and Finance Officer to sign Addendum to Fireworks Display.
47. No. LF072711-14 Approve request to prepare a Request For Proposals for a Comprehensive Compensation Review.
48. No. LF072711-15 Authorize Mayor and Finance Officer to sign U.S. Department of Housing and Urban Development (HUD) Funding Approval/Agreement for Community Development Block Grant Funds for FY2011.
49. No. LF072711-16 Approve Amendment to FY 2010 Consolidated Annual Performance Evaluation Report (CAPER).
50. No. LF072711-17 Acknowledge status update of Community Development Block Grant (CDBG) funds.
51. No. LF072711-25 Authorize Mayor and Finance Officer to sign Bleacher Rental Agreement with Fall River County Fair Association for two bleacher units for August 4-8, 2011.
52. Request the Mayor to direct the City Attorney's Office to prepare a Document Retention Policy.
53. No. LF072711-19 Approve the amendment to the Technology Resource Usage Policy with the inclusion of the verbage city employees and elected employees.
54. No. LF072711-24 Acknowledge raffle request from Rapid City Regional Hospital Foundation.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 55 - 57
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until August 15, 2011:
55. No. 10PL066 - A request by Renner & Associates, LLC for Skyline Pines East Land Co. for a Preliminary Plat for Tract 1, Lot 19, and dedicated Fairmont Boulevard Right-of-way of Skyline Pines East Subdivision, legally described as a portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Fairmont Boulevard west of Mt. Rushmore Road.
Continue the following items until September 6, 2011:
56. No. 11PL035 - A request by Renner & Associates, LLC for Bob Akers for a Preliminary Plat for proposed Lots 1 and 2 of Tract 5 Revised of Signal Heights Subdivision, legally described as Tract 5 Revised of Signal Heights Subdivision and a portion of vacated South Street located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of East Boulevard and Kellogg Place.
57. No. 11PL036 - A request by Dream Design International, Inc. for a Preliminary Plat for proposed Lots K, L, & M of Race Track Subdivision, legally described as a portion of the NW1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of Jolly Lane and East Highway 44.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 58 - 64
Public Comment opened Items 58 - 64
Public Comment closed
Ordinances
58. No. LF072711-20 First Reading, Ordinance No. 5732, An Ordinance to Change the Qualifications for Membership on the Rapid City Regional Airport Board by Amending Section 2.72.020 of the Rapid City Municipal Code.
59. No. LF071311-16 Second Reading, Ordinance No. 5729, An Ordinance Making the Executive Assistant/Program Coordinator Within the Mayor's Office an Officer of the City by Adding Section 2.12.070 to the Rapid City Municipal Code.
60. No. LF071311-17 Second Reading, Ordinance No. 5730, An Ordinance To Increase the Amount of Purchases that Department Directors are Authorized to Make on Behalf of the City of Rapid City by Amending Section 3.04.030 of the Rapid City Municipal Code.
Growth Management Department Items (None)
Legal & Finance Committee Items (None)
Public Works Committee Items (None)
Bids
61. No. CC080111-02.1 6 Portable Diesel Trash Pump for Water Reclamation (Opened on July 26, 2011)
62. No. CC080111-02.2 Sterling Street Sanitary Sewer Extension Project No. SS10-1904 / CIP No. 50838 (Opened on July 26, 2011)
63. No. CC071811-02.3 Rapid City Water Reclamation Facility Chlorination Building Reroof Project No. WRF11-1965 (Change in funding source)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
64. No. CC080111-03 Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 65 - 72
Open Public Hearing (comment) -- Items 65 - 72
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 65 - 67
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until August 15, 2011:
65. No. 10SV008 - A request by Renner & Associates, LLC for Skyline Pines, East, LLLP for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along a portion of Fairmont Boulevard as per Chapter 16.16 of the Rapid City Municipal Code for Tract 1 of Lot 19 and the dedicated Fairmont Boulevard Right-of-way of the Skyline Pines East Subdivision, legally described as the unplatted portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Mt. Rushmore Road and North of Tower Road at the western terminus of Cathedral Drive.
66. No. 10VR007 - A request by Fisk Land Surveying & Consulting Engineers for Marilou Yarber for a Vacation of Right-of-Way for a portion of the Van Buren Street Right-of-way lying adjacent to the S1/2 of Lot 8 and the S1/2 S1/2 of Lots 9-11 of Block 20, Scott's Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 902 Silver Street.
Continue the following items until September 6, 2011:
67. No. 11SV011 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and sewer along Jolly Lane as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots K, L, & M of Race Track Subdivision, legally described as a portion of the NW1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of Jolly Lane and East Highway 44.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 65 - 72
CONSENT PUBLIC HEARING ITEMS Item 68 - 70
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Growth Management Items (None)
Alcohol Licenses
68. 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 23, 2011 at the Central States Fair.
Assessment Rolls
69. No. PW072611-19 Approve Resolution No. 2011-080B Levying Assessment for Cleanup of Miscellaneous Property.
70. No. PW072611-20 Approve Resolution No. 2011-083B Levying Assessment for Business Improvement District 2011.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 71 - 72
71. No. 11UR014 Appeal of the Planning Commission's Decision on a request by Kennedy Design Group, Inc. for Steve Wynia and Damon Reel for a Conditional Use Permit to allow an On-Sale Liquor Establishment for Lots 1, 2, 3 and 4 of Block 26 of South Boulevard Addition located in Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 703 and 705 Indiana Street.
72. No. 11VR002 - A request by Chamberlin Architects for MHL, LLC for a Vacation of Right-of-Way a portion of the alley right-of-way adjacent to Lots 24 thru 32 of Block 75 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the alley adjacent to 502, 508, 510 and 512 Main Street.
BILLS
73. No. CC080111-01 Bill List for August 1, 2011
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN