AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., August 6, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month
2. Purple Heart Day Proclamation
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 3 - 93
Public Comment opened Items 3 - 77
Public Comment closed
CONSENT ITEMS Items 3 - 77
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
3. Approve Minutes for the July 16, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (August 20, 2012)
4. Mall Fuji Corporation DBA Fuji Sushi & Sake Bar, Rushmore Mall, 2200 N. Maple Ave Space 478 and private courtyard for a Retail (on-off sale) Wine License
5. Mall Fuji Corporation DBA Fuji Sushi & Sake Bar, Rushmore Mall, 2200 N. Maple Ave Space 478 and private courtyard for a Retail (on-off sale) Malt Beverage License
6. Buck N Gator LLC DBA Buck N Gator, 4095 Sturgis Rd for a Retail (on-sale) Liquor License TRANSFER from Arnolds Inc DBA Buck N Gator, 4095 Sturgis Rd.
7. 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 September 4, 2012 at Black Hills Community Bank, 840 Mt Rushmore Road.
8. Robbinsdale Entertainment Center LLC DBA Robbinsdale Lounge, 801 E. St. Patrick Street for a Retail (on-sale) Liquor License TRANSFER from Entertainment Inc DBA Robbinsdale Lounge, 801 E. St Patrick Street
9. Robbinsdale Entertainment Center LLC DBA Nu Casino, 803 E. St. Patrick Street for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Entertainment Inc DBA Nu Robbinsdale Casino, 803 E. St Patrick Street
10. Robbinsdale Entertainment Center LLC DBA Robbinsdale Lanes, 805 E. St. Patrick Street for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Robbinsdale Rec Center Inc DBA Robbinsdale Rec Center, 805 E. St Patrick Street
11. LoriMae Corporation DBA The Mystique Edge, 509 7th Street for a Retail (on-off sale) Wine License
12. LoriMae Corporation DBA The Mystique Edge, 509 7th Street for a Retail (on-off sale) Malt Beverage License
13. South Dakota School of Mines & Technology Foundation DBA South Dakota School of Mines & Technology Foundation for a SPECIAL EVENT Malt Beverage License for Events Scheduled for September 8 and 22, October 13 and 27, and November 3 and 10, 2012 at SDSMT Campus, O'Harra Stadium.
Public Works Committee Consent Items
14. No. PW073112-06 Acknowledge Letter from Former Mayor Don Barnett Regarding 1972 Flood Remembrance and Renewal.
15. No. PW073112-39 Authorize Public Works Director to execute an amendment to Purchase Agreement with By-Pass Development, LLC dated July 16, 2012, extending the time for closing the purchase.
16. No. PW073112-07 Approve Change Order No. 1F to Layne Christensen Co. for Well No. 8 Pump Replacement, Project No. W10-1896 / CIP No. 50832 for an increase of $1,679.00.
17. No. PW073112-08 Approve Change Order #1F to Simon Contractors of SD Inc. for Star of the West Parking Lot Repairs, Project No. 12-2030/ CIP No. 50909, for an increase of $8,444.93.
18. No. PW073112-09 Approve Change Order #1F to RCS Construction for Stirling Street Sanitary Sewer Extension, Project No. SS10-1904 / CIP No. 50838, for a decrease of $176,808.96.
19. No. PW073112-10 Approve Change Order #1 to RCS Construction for Rapid City Greenway Trails and Pedestrian Facilities Project, Project PR08-6017, for an increase of $11,768.20.
20. No. PW073112-11 Approve Change Order #1F to Stanley J Johnsen Concrete Contractor Inc. for Saint Joseph Street Joint Sealing, Project 12-2028 / CIP No. 50445, for an increase of $2,014.05.
21. No. PW073112-12 Approve Change Order #1F to Hills Materials Company for Rapid Creek Trunk Sewer Manhole Rehabilitation, Project No. SS10-1852 / CIP No. 50194 for an increase of $2,723.10.
22. No. PW073112-13 Approve Change Order #1 to Rapid Construction Company for Deadwood Avenue Sanitary Sewer and Water Main Extension, Project No. 11-1978 / CIP No. 50891, for a decrease of $8,949.94.
23. No. PW073112-14 Authorize Staff to Advertise for Bids for 2011 Storm Damage Recovery Project Schedule A, Project No. 12-2016A / CIP No. 50903. Estimated Cost: $1,010,000.00.
24. No. PW073112-15 Authorize Staff to Advertise for Bids for 2011 Storm Damage Recovery Project Schedule B, Project No. 12-2016B / CIP No. 50903. Estimated Cost: $124,000.00.
25. No. PW073112-16 Authorize Staff to Advertise for Bids for 2011 Storm Damage Recovery Project Schedule C, Project No. 12-2016C / CIP No. 50903. Estimated Cost: $366,000.00.
26. No. PW073112-17 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project Quincy Street, Project No. 12-1983 / CIP No. 50549. Estimated Cost: $175,000.00.
27. No. PW073112-18 Authorize Staff to Advertise for Bids for 11th Street Railroad Crossing, Project No. RR12-2024 / CIP No. 50173. Estimated Cost: $150,000.00.
28. No. PW073112-19 Authorize Mayor and Finance Officer to Sign Covenant Agreement between the City of Rapid City and Lazy P6 Land Company, Inc. for an agreement to delay the time of construction of approximately 125 feet of the required subdivision improvements in East Stumer Road.
29. No. PW073112-21 Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and Sperlich Consulting Inc. for Arrowhead Drainage Basin Detention Cells 200 & 201 Maintenance, Project No. DR12-2037 / CIP No. 50786, in the amount of $24,897.50.
30. No. PW073112-22 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Professional Services Agreement between the City of Rapid City and Banner Associates for the Rapid City Regional Airport Water Transmission Main Loop, Project No. 11-1992 / CIP No. 50892, in the amount of $36,976.00.
31. No. PW073112-23 Approve Request for an Exception to the Consultant Selection Process for the Mount Rushmore Road Project.
32. No. PW073112-24 Authorize Staff to Seek Proposals for Engineering Services for West Saint Cloud Street and Harmony Lane, Street and Utilities Project No. 12-2047 / CIP No. 50712. Estimated Cost for Design and Construction: $1,475,000.00.
33. No. PW073112-25 Approve Acceptance of Infrastructure for Dyess Utility Extension (16 Water Main) DEV12-1079.
34. No. PW073112-26 Approve Acceptance of Infrastructure for Founders Park North 12PL012, DEV1065.
35. No. PW073112-35 Approve Request from Roger and Ruby Iszler to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 5196 Ridgeview Road Lot 31 of Enchanted Hills #2 Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
36. No. PW073112-37 Acknowledge National Flood Insurance Program/Community Rating System (NFIP/CRS) Verification Report Improvement from a Class 8 to Class 7 Rating.
37. No. PW073112-27 Acknowledge Letter to the South Dakota Department of Environment and Natural Resources.
38. No. PW073112-02 Confirm Appointment of Heather Knox to the Development Appeals & Review Board (DARB) as the Planning Commission Representative with the term to expire July 1, 2013.
39. No. PW073112-03 Confirm the Appointments of John Brewer and Steve Rolinger to the Tax Increment Finance Committee as Planning Commission Representatives with terms to expire July 1, 2013, and July 1, 2014, respectively.
40. No. PW073112-04 Confirm the Appointments of Steve Rolinger and Alternate Josh Snyder to the Rapid City Zoning Board of Adjustment as Planning Commission Representatives with terms to expire July 1, 2013, and July 1, 2014, respectively.
41. No. PW073112-05 Confirm Reappointments of Jim Jackson Sign Contractor and Pat Roseland Historic Preservation Committee Member to the Historic Sign Review Committee.
42. No. PW073112-28 Building Permit Totals through June 30, 2012.
43. No. PW073112-36 Approve Resolution #2012-091 Establishing Garbage and Refuse Fees and Rates Which Amends Resolution #2012-062 to Decrease the Solid Waste Unit Collection Charges.
44. No. PW073112-29 Deny the Request to accept Private Driveway Located in the 12th Street Right of Way as a city street David and Patti Smith.
45. No. PW073112-31 Acknowledge President's Plaza Update Report Hani Shafai.
46. No. PW073112-33 Acknowledge Infrastructure Funding Spreadsheet Update Report.
47. No. PW073112-34 Approve the Funding Request for Oversized Water, Sewer, and Street Improvements for the 5th Street Extension South of Catron Boulevard Contingent Upon Annexation of Properties on Both Sides of Proposed Right of Way.
48. No. PW073112-38 Acknowledge Recommendations of the Board and Committees Consolidation Study.
Legal & Finance Committee Consent Items
49. No. LF080112-01 Confirm Appointment of Diane Heinis, Caleb Arceneaux, and Kent Hagg to the Hotel BID Board
50. No. LF080112-02 Confirm Appointment of Curtis Fischer to the Board of Directors of the Humane Society of the Black Hills
51. No. LF080112-03 Confirm Appointment of Jim Lampy and David Hillard to the Opportunity Capture Fund Oversight Board
52. No. LF080112-04 Confirm Appointment of Justin Henrichsen and Reappointment of Robert Fuchs, Clancy Kingsbury, Mike Brummer, and Sandra Schwan to the Downtown BID Board
53. No. LF080112-06 Confirm Reappointment of Danielle Wiebers to the Rapid City Area Air Quality Board
54. No. LF080112-07 - Acknowledge Update from Pennington County Regarding Unpaid Property Taxes
55. No. LF080112-08 - Approve Amendments to Travel Policy
56. No. LF080112-09 Resolution No. 2012-083A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
57. No. LF080112-10 Resolution No. 2012-089 Writing Off Uncollectible Accounts Receivable Accounts
58. No. LF080112-11 Acknowledge Capital Improvement Program Committee Monthly Update for July 2012
59. No. LF080112-12 Acknowledge Capital Plan for Street, Drainage and MIP Projects for July 2012
60. No. LF080112-13 Recommend that the Journey Museum Compressor Replacement Project be Funded from the CIP Contingency Line Item.
61. No. LF080112-14 Authorize Mayor and Finance Officer to Sign Life Safety Loan Agreement between Tensleep, LLC and the City of Rapid City
62. No. LF080112-15 Approve Engineering Estimate for Construction Specifications Tables in the Sign Code
63. No. LF080112-16 Resolution No. 2012-087 to Amend the AFSCME Compensation Plan by Changing the Position Title of Utility Field Crew Chief
64. No. LF080112-17 Resolution No. 2012-090 to Establish Additional Staffing for the Public Works Department
65. No. LF080112-18 - Authorize Mayor and Finance Officer to Sign the Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Behavior Management Systems
66. No. LF080112-19 - Authorize Mayor and Finance Officer to Sign the Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Dakota Land Trust
67. No. LF080112-20 - Authorize Mayor and Finance Officer to Sign the Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Dakota Plains Legal Services
68. No. LF080112-21 - Authorize Mayor and Finance Officer to Sign the Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Youth and Family Services, Inc.
69. No. LF080112-22 - Authorize Mayor and Finance Officer to Sign the Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Goodwill Industries Wall Street Mission
70. No. LF080112-23 - Authorize Mayor and Finance Officer to Sign the Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Working Against Violence, Inc.
71. No. LF080112-24 Acknowledge FY 2011 Consolidated Annual Performance Evaluation Report (CAPER) to HUD and Authorize Mayor and Finance Officer to Sign SF424
72. No. LF080112-25 Authorize Mayor and Finance Officer to Sign Memorandum of Understanding between the City of Rapid City and Rapid Canyon Sanitary Sewer District Relating to Rapid Canyon's Transfer of Various Sewer Mains to the City of Rapid City
73. No. LF080112-26 Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and New World for One Year Records Maintenance Contract.
74. No. LF080112-35 Approve Event Permit for Murphy's for Motorcycle Parking August 6-10, 2012.
75. No. LF080112-36 Approve Event Permit for Alex Johnson for Motorcycle Parking August 6-10, 2012.
76. No. LF080112-29 Acknowledge Debt Report for FY 2011.
77. No. LF080112-33 Authorize staff to go out for Request for Proposals for Aerial Photography.
Community Planning & Development Services Department Consent Items (None)
Continued Consent Items Continue the following items until August 20, 2012: (None)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 78 - 93
Public Comment opened Items 78 - 93
Public Comment closed
Ordinances
78. No. 12RZ013 - First Reading, Ordinance 5856, 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 Cathy J. Koch Living Trust for a Rezoning from General Agriculture District to Park Forest District for property generally described as being located at 3500 Tower Road.
79. No. 12RZ014 - First Reading, Ordinance 5857, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from No Use District to Light Industrial District for property generally described as being located north of Old Folsom road and south of Elk Vale Road.
80. No. LF080112-28 First Reading, Ordinance No. 5849, Supplemental Appropriation #4 for 2012.
81. No. LF080112-32 First Reading, Ordinance No. 5854, An Ordinance to Provide for Certain Annual Reports to be Made to the Common Council by the Finance Officer by Amending Section 2.40.080 of the Rapid City Municipal Code.
82. No. LF080112-34 First Reading, Ordinance No. 5855, An Ordinance Permitting the Sale of Sling Shots in the City of Rapid City by Amending Section 9.28.010 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items
83. No. 12PL028 - A request by Fisk Land Surveying & Consulting Engineers for Wayne A. Kummer and Gloria Steele, Personal Representative for the Estate of Robert M. Steele for a Preliminary Subdivision Plan for property generally described as being located at 645 Century Road.
84. No. 12PL029 - A request by Dream Design International, Inc. for SSST, LLC for a Preliminary Subdivision Plan for property generally described as being located along the north side of East Minnesota Street at the current southern terminus of Fieldstone Drive.
85. No. 12PL031 - A request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Preliminary Subdivision Plan for property generally described as being located at the current southern terminus of East Anamosa Street.
86. No. 12PL032 - A request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Preliminary Subdivision Plan for property generally described as being located south of the intersection of East North Street and East Anamosa Street.
87. No. 12PL033 - A request by Davis Engineering, Inc. for Chapel Lane Water Company, Inc. for a Preliminary Subdivision Plan property generally described as being located at the current western terminus of Copperhill Drive.
Legal & Finance Committee Items
88. No. LF080112-27 Authorize the Mayor and Finance Officer to sign Agreement between the City of Rapid City and Zuercher for a Records Management System.
Public Works Committee Items
89. No. PW071012-13 Authorize Finance Officer To Call The Current .16 Utility Support Fund Bond (Series 2005 Revenue Bond) Upon Next Available Call Date and Approve Resolution 2012-088 A Resolution Authorizing Defeasance and Call of Certain Outstanding Sales Tax Revenue Bonds of the City. (Continued from the July 16, 2012 Council meeting)
90. No. PW073112-32 Deny the Request for an Exception to Allow an Existing Approach on 5th Street to be utilized for ingress and egress to a Commercial Parcel, Lot 5 of North 80 Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.
Bids
91. No. CC080612-02.1 Rapid City Regional Airport Water Main Construction Project No. 12-2014 / CIP No. 50901 (Opened July 31, 2012)
92. No. CC080612-02.2 Five (5) Phillips MRx ALS Monitor Defibrillators, Rapid City Fire Department (Opened on July 31, 2012)
Alcoholic Beverage License Applications (NONE)
Mayor's Items
93. No. CC080612-04.1 Appointment of Carlos Beatty as Ward 2 Planning Commissioner Alternate (term expires 7/1/2013)
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 94 101
Open Public Hearing (comment) -- Items 94 - 101 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS NONE
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until August 20, 2012: (None)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 94 - 101
CONSENT PUBLIC HEARING ITEMS Item 94 - 97
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
94. No. 12AN003 Resolution No. 2012-085 - A request by Dream Design International, Inc. for a Petition for Annexation for property generally described as being located north of Old Folsom road and south of Elk Vale Road.
95. No. 12CA004 Resolution No. 2012-086 - Sections 20 and 21, T1N, R8E Approve a request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to revise the Major Street Plan for property generally described as being located north of Old Folsom road and south of Elk Vale Road.
Alcohol Licenses (None)
Assessment Rolls
96. No. LF080112-30 Resolution No. 2012-073B Levying Assessment for Business Improvement District 2012.
97. No. LF080112-31 Resolution No. 2012-074B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 98 - 101
98. No. 12OA004 - Second Reading, Ordinance 5850, An Ordinance Permitting Temporary Quarries and Mining of Construction Aggregate and Rock to be Processed and Used in Construction as a Conditional Use within the General Agricultural Zoning District by amending Section 17.34.030 of the Rapid City Municipal Code.
99. No. 12RZ010 - Second Reading, Ordinance 5851, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Doeck, LLC for a Rezoning from General Agriculture District to Low Density Residential District for property generally described as being located west of the current western terminus of Auburn Drive extending north and lying west of the current western terminus of Cobalt Drive.
100. No. 12RZ011 - Second Reading, Ordinance 5852, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Renner & Associates, LLC for HDRK Properties, LLC for a Rezoning from Low Density Residential District to General Commercial District for property generally described as being located on the north side of East Anamosa Street east of the intersection of East Anamosa Street and Luna Avenue.
101. No. 12RZ012 - Second Reading, Ordinance 5853, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by Renner & Associates, LLC for HDRK Properties, LLC for a Rezoning from General Agriculture District to General Commercial District for property generally described as being located at the northeast corner of the intersection of East Anamosa Street and Luna Avenue.
BILLS
102. No. CC080612-01 Bill List for August 6, 2012
ADJOURN