AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., August 20, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Veteran of the Month
2. Citizen of the Month
3. Employee Awards
4. Rapid City Beautification Committee Yard of the Month
EXECUTIVE SESSION To consult with legal counsel about proposed and pending litigation and to consult with legal counsel regarding contractual matters.
5. Direction from Council regarding contract dispute with Burns and McDonnell over Jackson Springs Water Treatment Plant
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 6 - 61
Public Comment opened Items 6 - 49
Public Comment closed
CONSENT ITEMS Items 6 - 49
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
6. Approve Minutes for the August 6, 2012 Regular Council meeting and the Minutes for the July 31, 2012 and August 9, 2012 Special Council meetings.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (September 4, 2012)
7. Friends of the Rapid City Public Library DBA Friends of the Rapid City Public Library for a SPECIAL EVENT Wine License for an Event Scheduled for October 18, 2012 at the Rapid City Public Library, 610 Quincy Street.
8. Rotary Storybook Island Inc. DBA Rotary Storybook Island Inc. for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for September 7, 2012 at Storybook Island, 1301 Sheridan Lake Road.
9. Main Street Square DBA Main Street Square for a SPECIAL EVENT Wine and Malt Beverage License for Events Scheduled for September 6, 13, 20 and 27, 2012 at Main Street Square, 526 Main Street.
Public Works Committee Consent Items
10. No. PW081412-02 Confirm Appointments of Terry Mayes, Bret DeBusk, and Shirley Frederick to the Urban Wildlife Committee.
11. No. PW081412-04 Approve Change Order #1F to J.V. Bailey Inc. for 32nd Street Bridge Repairs, Project No. 12-2023 / CIP No. 50752, for a decrease of $5,050.85.
12. No. PW081412-05 Approve Change Order #1 to Swiftec Inc for Solar Bike Path Lighting (Light the Night), Project No. 12-2009 / CIP No. 50908, for an extension of the completion date to September 28, 2012 at no cost.
13. No. PW081412-06 Authorize Staff To Advertise for Bids for 2012 Fire Hydrant Installation Annual Project, Project No. 12-2040 / CIP No. 50808. Estimated Cost: $75,000.00.
14. No. PW081412-07 Authorize Staff To Advertise for Bids for La Crosse Street Joint Sealing and Panel Repair, Project No. 12-2045 / CIP No. 50445. Estimated Cost: $250,000.00.
15. No. PW081412-08 Authorize Staff To Advertise for Bids for Meadowbrook Maintenance Phase 3, Project No. 12-2044 / CIP No. 50841. Estimated Cost: $70,000.00.
16. No. PW081412-09 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Dakota Pump Inc. for Professional Services and Equipment Installation for Sewer Lift Station Monitoring and Control System, Project No. SS11-1950 / CIP No. 50877, in the amount of $131,761.00.
17. No. PW081412-10 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Banner Associates for Professional Services (Construction Administration Services) for the Rapid City Regional Airport Water Transmission Main Loop, Project No. 11-1992 / CIP No. 50892, in the amount of $138,357.00.
18. No. PW081412-11 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG, Inc. for Design and Bidding Professional Services for the Ellsworth Air Force Base Water Meter Facility Relocation, Project No. W11-1936 / CIP No. 50830, in the amount of $89,010.00.
19. No. PW081412-12 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FourFront Design Inc. for Professional Services for the Kansas City Street Reconstruction Project (5th Street to East Boulevard), Project No. 12-2005 / CIP No. 50119, in the amount of $166,500.00.
20. No. PW081412-13 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Banner Associates for Professional Services for Northridge Water Storage Reservoir, Project No. W09-1792 / CIP No. 50754, in the amount of $17,978.00.
21. No. PW081412-19 Reinstatement of Water Advocacy Task Force.
22. No. 12TP015 Approve Amendment #12-010 to the 2012-2016 Transportation Improvement Program.
23. No. 12TP016 Approve 20132017 Rapid City Area Transportation Improvement Program Final Report.
24. No. PW081412-15 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Destination Rapid City for Construction and Development of Memorial Park Promenade.
25. No. PW081412-17 Acknowledge 2009-2011 Rapid City Intersection Crash Report and accept the recommendations with the exception of Knollwood Drive.
26. No. PW081412-18 Acknowledge Report on 2011-2012 Mountain Pine Beetle Program.
Legal & Finance Committee Consent Items
27. No. LF081512-01 Acknowledgment of Letter Regarding Veteran's Affordable Housing
28. No. LF081512-02 Confirm Appointment of Dan Senftner to the Performing Arts Coalition Board for a Term to Expire 6/30/2013
29. No. LF081512-03 Approve Event Permit for the Americana Music Festival to be Held on September 22, 2012
30. Approve Highway Safety Grant Application.
31. No. LF081512-04 Resolution No. 2012-095 Declaring Miscellaneous Personal Property Surplus
32. No. LF081512-05 - Resolution No. 2012-096A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
33. No. LF081512-06 - Acknowledge General Fund Cash Balance Report for July 2012
34. No. LF081512-07 - Acknowledge Sale Tax Report for June 2012
35. No. LF081512-09 Resolution No. 2012-092 to Amend the City of Rapid City Compensation Plan by Making the Following Deletion of Position Title of Landfill Operations Supervisor
36. No. LF081512-10 Resolution No. 2012-093 to Establish the Position of Solid Waste Project Manager
37. No. LF081512-11 Resolution No. 2012-094 to Establish the Position of Landfill Chief
38. No. LF081512-12 - Authorize Mayor and Finance Officer to Sign Community Development Block Grant Subrecipient Contract for FY 2012 Sub-recipient Minneluzahan Senior Center
39. No. LF081512-13 - Authorize Mayor and Finance Officer to Sign Community Development Block Grant Subrecipient Contract for FY 2012 Sub-recipient Lutheran Social Services Stepping Stones
40. No. LF081512-14 - Authorize Mayor and Finance Officer to Sign Community Development Block Grant Subrecipient Contract for FY 2012 Sub-recipient Rapid City Community Development Corporation
41. No. LF081512-15 - Authorize Mayor and Finance Officer to Sign Community Development Block Grant Subrecipient Contract for FY 2012 Sub-recipient Volunteers of America Dakotas
42. No. LF081512-16 Authorize Mayor and Finance Officer to sign Agreement for Domestic Violence and Sexual Assault Victim Services between the City of Rapid City and Working Against Violence, Incorporated.
43. No. LF081512-17 Authorize Mayor and Finance Officer to Sign Memorandum of Understanding between the City of Rapid City and the Rapid City Area School District for the Construction and Operation of a Fire Station and Training Center
44. No. LF081512-18 Acknowledge Raffle Request from Pennington County Republican Women
45. No. LF081512-19 Acknowledge Raffle Request from Black Hills Home Builders Association
46. No. LF081512-36 Approve COMPASS Preliminary Audit Plan 2012.
47. No. LF081512-22 Request the Mayor to Authorize staff to draft an ordinance amendment to remove the language with regard to the sale of fireworks within one mile of the City limits and to Authorize staff to have discussions with the county regarding limiting the use of fireworks within the one-mile area.
48. No. LF081512-35 - Approve Resolution No. 2012-099 - Resolution of Intent to take the Statutorily Authorized Increase in Property Tax Revenue as Part of the Annual Appropriation Ordinance for 2013.
Community Planning & Development Services Department Consent Items (None)
Continued Consent Items - Continue the following items until September 4, 2012:
49. 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. (Continued from the August 8, 2012 Council meeting)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 50 - 61
Public Comment opened Items 50 - 61
Public Comment closed
Ordinances
50. 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. (continued from the August 6, 2012 Council meeting)
51. No. LF080112-28 Second Reading, Ordinance No. 5849, Supplemental Appropriation #4 for 2012.
52. No. LF080112-32 Second 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.
53. No. LF080112-34 Second 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.
54. No. LF081512-20 First Reading, Ordinance No. 5848, FY2013 Appropriation Ordinance
55. No. LF081512-23 First Reading, Ordinance No. 5861, An Ordinance Revising the Compass Independent Audit Program by Amending Chapter 2.95 to the Rapid City Municipal Code.
Community Planning & Development Services Department Items (None)
Legal & Finance Committee Items
56. No. LF081512-08 Deny request for amendment to Community Investment Disbursement Policy.
Public Works Committee Items
57. No. PW081412-16 Request to Waive Disposal Fees for the renovation of the V. T. McGillycuddy house located at 727 South Street Historic Rapid City
58. 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; more generally described as being located on the east of side of 5th Street between Stumer Road and Catron Boulevard. (Continued from the August 8, 2012 Council meeting)
Bids
59. No. CC082012-02.1 Railroad Crossing Rehab Project No. 12-2033 / CIP No. 50923 (Opened on August 14, 2012)
60. No. CC082012-02.2 South Valley Drive Extension Project No. ST11-1960 / CIP No. 50886 (Opened on August 14, 2012)
61. No. CC082012-02.3 Enchantment Road Sanitary Sewer Extension Source Water Protection Site Five Project No. 11-1977 / CIP No. 50882 (Opened on August 14, 2012)
Alcoholic Beverage License Applications
Mayor's Items
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 62 - 74
Open Public Hearing (comment) -- Items 62 - 74 [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 (NONE):
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 62 - 74
CONSENT PUBLIC HEARING ITEMS Item 62 - 73
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
62. 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. (Continued from the August 8, 2012 Council meeting)
Alcohol Licenses
63. 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
64. 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
65. 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.
66. 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.
67. 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
68. 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
69. 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
70. LoriMae Corporation DBA The Mystique Edge, 509 7th Street for a Retail (on-off sale) Wine License
71. LoriMae Corporation DBA The Mystique Edge, 509 7th Street for a Retail (on-off sale) Malt Beverage License
72. 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.
Assessment Rolls
73. No. LF081512-21 Resolution No. 2012-080B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 74
74. No. 12RZ013 - Second 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.
BILLS
75. No. CC082012-01 Bill List for August 20, 2012
ADJOURN