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City Council Policies and Procedures

 

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., January 7, 2013

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

AWARDS AND RECOGNITIONS

1.            Citizen of the Month

 

EXECUTIVE SESSION to consult with legal counsel about proposed or pending litigation or contractual matters pursuant to SDCL 1-25-2(3).

 

2.            Direction to staff on alleged copyright infringement claim made by Linda Ellis.

 

3.            Direction to staff regarding potential acquisition of property owned by Jennifer Giroux at 3213 Dover Street.

 

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 - 68

 

Public Comment opened – Items 4 - 51

Public Comment closed

 

CONSENT ITEMS – Items 4 - 51

 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

 

Approve Minutes

4.            Approve Minutes for the December 17, 2012 Regular Council meeting and the December 20, 2012 and December 26, 2012 Special Council meetings.

 

Vacations of Right-Of-Way Set for Hearing (NONE)

 

Alcoholic Beverage License Applications Set for Hearing (January 22, 2013)

5.            Central Baseball Association for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for March 23, 2013 at the Dahl Arts Center, 713 7th Street

6.            D&S Times Square Inc DBA Breakroom Casino, 355 11th Street for a Retail (on-off sale) Wine License

2013 Package (Off Sale) Liquor License Renewals

7.            Yellowrobe Enterprises LLC DBA Dacotah Liquors, 418 Knollwood Dr for a Package (off-sale) Liquor License

 

Public Works Committee Consent Items

8.            No. PW010213-02 – Confirm Appointment of Shon Anderson to the Standing Committee on Sustainability.

 

9.            No. PW010213-03 – Confirm Appointment of Carlos Beatty (currently Planning Commission Alternate #1) as a Planning Commissioner to fill the unexpired term of Joshua Snyder (term to expire 7/1/2014).

 

10.          No. PW010213-04 – Confirm Appointment of Sandy Beshara (current Planning Commission Alternate #2) to Planning Commission Alternate #1 (term to expire 7/1/2013).

 

11.          No. PW010213-05 – Confirm Appointment of Cody Raterman to Planning Commission Alternate #2 (term to expire 7/1/2013).

 

12.          No. PW010213-26 – Confirm the Appointment of John Van Beek as the Professional Engineer Member to the Trenching Board. 

 

13.          No. PW010213-06 – Approve the Adjustment of the Utility Support Fund Funding Schedule:  Seger Drive / 143rd Avenue / Country Road Water Extension - $150,000 in 2013 and $1,950,000 in 2014 and Southside Drive Sewer (Elks Club Sewer Interceptor) – $4,150,000 in 2013 – Utility Support Fund and SAB Fund Oversight Committee.

 

14.          No. PW010213-08 – Approve Funding of $520,000.00 for the Viking Drive Sanitary Sewer, with $50,000.00 funded in 2013 and $470,000.00 funded in 2014 – Utility Support Fund and SAB Fund Oversight Committee.

 

15.          No. PW010213-09 – Approve Funding of $160,000.00 for Additional Improvements in the Right of Way on Kansas City Street – Utility Support Fund and SAB Fund Oversight Committee.

 

16.          No. PW010213-10 – Approve Change Order 1F to Huber Technology for WRF Pretreatment Improvements, Project No. WRF11-1928 / CIP No. 50855, for a decrease of $731.00.

 

17.          No. PW010213-11 – Approve Change Order 1 to RCS Construction for 2011 Storm Damage Recovery Project – Schedule A, Project No. 12-2016A / CIP No. 50903, for an increase of $1,724.00.

 

18.          No. PW010213-12 – Approve Change Order 1 to Mainline Contracting for East Idaho and Ivy Water Main Reconstruction, Project No. 12-2059 / CIP No. 50421.3-1A, for an increase of $7,920.29.

 

19.          No. PW010213-13 – Approve Change Order 3 to Mainline Contracting for Elm Avenue Reconstruction – E. Oakland Street to Utah Street, Project No. ST10-1777 / CIP No. 50643, for an increase of $9,008.26.

 

20.          No. PW010213-15 – Approve Change Order 1 to Rapid Construction for Rapid City Regional Airport Water Main Construction, Project No. 12-2014 / CIP No. 50901, for a decrease of $29,036.25.

 

21.          No. PW010213-16 – Authorize Staff to Advertise for Bids for South Berry Pine Sanitary Sewer Extension Source Water Protection and West Main Street Sanitary Sewer Construction, Project No. 11-1957 / CIP No. 50895. Estimated Cost: $440,000.00.

 

22.          No. PW010213-17 – Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project – Locust Street, Project No. 12-2068 / CIP No. 50844. Estimated Cost: $150,000.00.

 

23.          No. PW010213-18 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and CETEC Engineering Services, Inc. for Design Services for Mt. Rushmore Road Utilities Reconstruction (Saint Patrick Street to Kansas City Street), Project No. 12-2051 / CIP No. 50867, in the amount of $140,590.00.

 

24.          No. PW010213-19 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and CETEC Engineering Services, Inc. for Design and Bidding Professional Services for Mount Rushmore Road Utilities Reconstruction (Tower Road to Flormann Street), Project No. 11-1926 / CIP No. 50840, in the amount of $150,132.00.

 

25.          No. PW010213-20 – Request Authorization to Seek Proposals for Engineering Services for the West Chicago Street Utilities Reconstruction Project, 12-2022 / CIP 50448.

 

26.          No. PW010213-22 – Authorize Staff to Advertise for Bids for a Golf Cart Fleet for Meadowbrook and Executive Golf Courses.

 

27.          No. PW010213-21 – Approve Acceptance of Infrastructure for Saint Martins Village - Good Samaritan Society – 09PD053, DEV09-1006.

 

28.          No. PW010213-23 – Deny the Request from Sperlich Consulting Inc. for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along the south side of the Property Located at 3740 Corral Drive as Corral Drive abuts Lot 1 of Block 1 of Pine View Terrace Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Approve the Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along the Section Line Highway of the Property Located at 3740 Corral Drive as the Section Line Highway abuts Lot 1 of Block 1 of Pine View Terrace Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota

 

29.          No. PW010213-24 – Acknowledge Report on Update on Traffic Calming Features for Red Dale Drive and Sidewalk Installation on the East Side of Red Dale Drive. 

 

30.          No. PW010213-25 – Acknowledge Report on Update on Landfill Odor

 

Legal & Finance Committee Consent Items

31.          No. LF010213-02 - Acknowledge Capital Improvement Program Committee Monthly Update for December 2012

 

32.          No. LF010213-03 - Approve Capital Plan for Street, Drainage and MIP Projects for December 2012

 

33.          No. LF010213-04 - Approve Reallocation of the $100,000 Parks Government Buildings and $9,000 Parks Contingency funding for the following projects: $35,000-shade structures, $35,000-replace Ice Arena HID High Bay Lighting, $15,000-replace Rushmore Little League Transformer and $24,000-Parkview and Sioux Park Pools on-site, self-contained video surveillance systems

 

34.          No. LF010213-05 - Approve the Reallocation of $15,800 from Fire Station 5 Asphalt Driveway Replacement to Station 1 Concrete Replacement Project

 

35.          No. LF010213-06 – Authorize Mayor and Finance Officer to Sign Medical Director Agreement with Dr. Nathan Long

 

36.          No. LF010213-07 - Authorize Mayor and Finance Officer to Sign Agreement with Western Dakota Tech for Paramedic Training

 

37.          No. LF010213-09 – Resolution No. 2012-154 Writing Off Credit Balance Water Billing Accounts

 

38.          No. LF010213-10 – Approve Resolution No. 2012-155 Writing Off Uncollectable Utility Billing Accounts. 

 

39.          No. LF010213-11 – Resolution No. 2012-135 Authorizing the Execution and Delivery of a Master Governmental Lease-Purchase Agreement (No Balloon Payment) and Supplement No. 370946-400 Thereto with Respect to the Acquisition, Purchase, Financing and Leasing of Certain Equipment for the Public Benefit; Authorizing the Execution and Delivery of Documents Required in Connection Therewith; and Authorizing the Taking of All Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution

 

40.          No. LF010213-12 - Resolution No. 2012-158 In Support of Municipal Bond Tax Exemption

 

41.          No. LF010213-13 – Authorize Mayor and Finance Officer to Sign Engagement Letter with Ketel Thorstenson to Provide Accounting Services in the Restatement of 2008-2010 Financial Statements

 

42.          No. LF010213-22 – Resolution No. 2012-159 Declaring Miscellaneous Personal Property Surplus

 

43.          No. LF010213-14 – Approve Resolution No. 2012-156 for Recognition of Appointed Officials for Worker Compensation Coverage.

 

44.          No. LF010213-15 – Authorize Mayor and Finance Officer to Sign Administrative Services Agreement Amendment No. 8 with Berkley Risk Administrators Company, LLC

 

45.          No. LF010213-16 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement with Black Hills Urgent Care, LLC, d/b/a Black Hills Occupational Medicine

 

46.          No. LF010213-17 – Preliminary Approval of Proposed FY2013 CDBG Funding Allocations

 

47.          No. LF010213-18 – Report Regarding Professional Service Contracts Entered into in the Fourth Quarter of 2012 Under $25,000

 

48.          No. LF010213-19 – Authorize Mayor to File Employers' Authorization for Lobbyists for the 2013 Legislative Session.

 

49.          Acknowledge Human Relations Commission update.

 

50.          No. CC010713-04.1 - Request the Mayor to authorize staff to prepare a detailed report from 2010 to the current date on the interdepartmental charges for presentation at the March 13, 2013, Legal and Finance Committee meeting.

 

51.          No. LF010213-21 – Acknowledge update on 2012 supplemental appropriations.

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items (NONE)

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 52 - 68

 

Public Comment opened – Items 52 - 68

Public Comment closed

 

Ordinances

52.          No. LF112812-19 – Second Reading, Ordinance No. 5887, An Ordinance Requiring the Finance Officer to Report Interdepartmental Charges to the Common Council by Adding Section 2.40.085 to the Rapid City Municipal Code.

 

53.          No. LF121212-14 – Second Reading, Ordinance No. 5889, An Ordinance to Provide for Standardized Administrative Regulations for Title 15 Buildings and Construction by Repealing Chapter 15.04 Numbering of Buildings and Replacing it with a New Chapter 15.04 Administration of the Rapid City Municipal Code.

 

54.          No. LF121212-15 – Second Reading, Ordinance No. 5890, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the International Building Code in Chapter 15.12 of the Rapid City Municipal Code.

 

55.          No. LF121212-16 – Second Reading, Ordinance No. 5891, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the International Residential Code in Chapter 15.13 of the Rapid City Municipal Code.

 

56.          No. LF121212-17 – Second Reading, Ordinance No. 5892, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Repealing and Adopting the International Property Maintenance Code in Chapter 15.14 of the Rapid City Municipal Code.

 

57.          No. LF121212-18 – Second Reading, Ordinance No. 5893, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the International Existing Building Code in Chapter 15.15 of the Rapid City Municipal Code.

 

58.          No. LF121212-19 – Second Reading, Ordinance No. 5894, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Electrical Code in Chapter 15.16 of the Rapid City Municipal Code.

 

59.          No. LF121212-20 – Second Reading, Ordinance No. 5895, An Ordinance Repealing Chapter 15.18 Sign Contractor Licenses of the Rapid City Municipal Code.

 

60.          No. LF121212-21 – Second Reading, Ordinance No. 5896, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Rapid City Gas Code in Chapter 15.20 of the Rapid City Municipal Code.

 

61.          No. LF121212-22 – Second Reading, Ordinance No. 5897, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Section 15.22.010 of the International Fuel Gas Code as Adopted in the Rapid City Municipal Code.

 

62.          No. LF121212-23 – Second Reading, Ordinance No. 5898, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Rapid City Plumbing Code in Chapter 15.24 of the Rapid City Municipal Code.

 

63.          No. LF121212-24 – Second Reading, Ordinance No. 5899, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Rapid City Mechanical Code in Chapter 15.26 of the Rapid City Municipal Code.

 

64.          No. LF121212-25 – Second Reading, Ordinance No. 5900, An Ordinance Repealing Chapter 15.36 Fire Districts and Zones of the Rapid City Municipal Code.

 

65.          No. LF121212-26 – Second Reading, Ordinance No. 5902, An Ordinance Repealing Chapter 15.44 Miscellaneous Regulations of the Rapid City Municipal Code.

 

Community Planning & Development Services Department Items (NONE)

 

Legal & Finance Committee Items

66.          No. LF010213-01 – Confirm appointment of Jennifer Landguth to the Rushmore Plaza Civic Center Board.

 

67.         No. CC010713-04.2 - Delay the request for an Attorney General Opinion Regarding COMPASS to the February 27, 2013, Legal and Finance Committee meeting.

 

Public Works Committee Items (NONE)

 

Compass Committee Items

68.          No. CC121712-04.1 - Proposed 2013-2014 COMPASS Audit Plan (Continued from the December 17, 2012 Council meeting)

 

CIP Committee Items

 

Other Board, Commission & Committee Items

 

Bids (NONE)

 

Alcoholic Beverage License Applications (NONE)

Reissuance

            Special Event

 

Mayor's Items

 

Council Items & Liaison Reports

Reconsideration Notices

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

Planning Commission Appeals

DARB Appeals

License Appeals

Sign Code Appeals

Other Appeals Heard by the Council

 

PUBLIC HEARING ITEMS – Items 69 - 74

 

Open Public Hearing (comment) -- Items 69 - 74 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 69 - 74

 

CONSENT PUBLIC HEARING ITEMS – Item 68 - 74

 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

69.          Fischers Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103 for a Package (off-sale) Liquor License TRANSFER from Nauman Flying Service Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103

70.          Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub LLC, 510 Main Street (502 & 510 Main St, Suites 100 & 200 & private courtyards, Lots 28, 29, 30, 31 & 32 & vac alley adj to said lots, Block 75, Original Town of Rapid City) for a Retail (on-sale) Liquor License TRANSFER from Dirk& Ethan Inc DBA Manchego, 502 Main Street, Suite 100

71.          Jackson Blvd Hospitality, LLC DBA Days Inn Lounge, 725 Jackson Blvd for a Retail (on-sale) Liquor license TRANSFER from Martom Management Inc DBA Day's Inn Lounge, 725 Jackson Blvd

72.          Two Lefties and Panchos Mexican Grill LLC DBA Pancheros Mexican Grill, 1221 W Omaha St for a Retail (on-sale) Liquor License TRANSFER from Michael O Weiseler DBA Horseshoe Bar, 1407 1/2 E North Street.

 

Assessment Rolls

73.          No. LF010213-08 – Resolution No. 2012-132B Levying Assessment for Cleanup of Miscellaneous Property

 

74.          Request the Mayor to Authorize Staff to include a separate report with future Levying Assessment for Cleanup of Miscellaneous Property actions identifying those properties that have been declared nuisances or are abandoned.

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS (NONE)

 

BILLS

75.          No. CC010713-01 – Bill List for January 7, 2013

 

ADJOURN