AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., May 6, 2013
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month
2. Public Service Recognition Week Proclamation
3. Archaeology and Historic Preservation Month Proclamation
4. Motorcycle Awareness Month Proclamation
EXECUTIVE SESSION To discuss personnel matters, to consult with legal counsel regarding proposed and/or pending litigation, and to consult with legal counsel regarding contractual matters pursuant to SDCL 1-25-2(1) and (3).
STAFF DIRECTION
4a. Provide direction to staff regarding the home owned by Jennifer Giroux at 3213 Dover Street.
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.
Mayor's Items
5. No. CC050613-04.2 - YMCA LaCroix Links Report Roger Gallimore
6. No. CC050613-04.1 - 2020 Vision Strategic Plan Update Virginia Wood Nelson
6a. No. CC050613-04.4 - Update on Williston Basin Petroleum Conference Rapid City Economic Development Partnership
NON-PUBLIC HEARING ITEMS -- Items 7 97
Public Comment opened Items 7 70
Public Comment closed
CONSENT ITEMS Items 7 70
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
7. Approve Minutes for the April 15, 2013 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (May 20, 2013)
2013-2014 Retail (On-Off Sale) Malt Beverage License Renewals NO Video Lottery
8. Kathmandu Bistro LLC DBA Kathmandu Bistro, 727 Main Street for a Retail (on-off sale) Malt Beverage License
Public Works Committee Consent Items
9. No. PW043013-02 Approve Change Order #1F to CB&I Inc. for Northridge Water Storage Reservoir, Project No. W09-1792 / CIP No. 50754, for a decrease of $143,033.60.
10. No. PW043013-03 Approve Change Order #4 to Moltz Construction for Jackson Springs Water Treatment Plant, Project No. WTP10-1858 / CIP No. 50789, for an increase of $17,727.00 and a contract time extension of one day.
11. No. PW043013-04 Approve Change Order #1F to Upper Plains Contracting, Inc. for East Anamosa from Lacrosse St. to Century Rd., Project No. ST04-1397 / CIP No. 50316, for a decrease of $2,055.42.
12. No. PW043013-05 Approve Change Order #2F to Heavy Constructors for East North Street Cambell to Pine, Project No. ST08-1511 / CIP No. 50142, for a decrease of $6,317.09.
13. No. PW043013-06 Approve Change Order #1 to Rapid Construction Company for Leland Lane and Rushmore Street Reconstruction, Project No. 11-1951 / CIP No. 50802, for an increase of $105.00.
14. No. PW043013-07 Approve Change Order #2 to Dean Kurtz Construction for Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728, for an increase of $4,152.00.
15. No. PW043013-08 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering for Professional Services for Water Reclamation Facility Interim Trickling Filter Pump Station Improvements, Project No. 13-2105 / CIP No. 50966, in the amount of $59,446.00.
16. No. PW043013-09 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement between the City of Rapid City and FourFront Design, Inc. for Kansas City Street Reconstruction Project 5th Street to East Blvd., Project No. 12-2005 / CIP No. 50119, in the amount of $3,685.00.
17. No. PW043013-10 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and ZCO Inc. for Marlin Drive Oversize Water Transmission Main Cost Reimbursement, not to exceed $177,252.44.
18. No. PW043013-12 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and the Evangelical Lutheran Good Samaritan Society for Oversize Water Transmission Main.
19. No. PW043013-13 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and CETEC Engineering Services Inc. for Professional Services for Investigation of Irrigation Water Source for Soccer Complex, Project No. 13-2098 / CIP No. 50963, in the amount of $23,526.00. (Funding from Vision Fund)
20. No. PW043013-14 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of curb, gutter, additional pavement and street light conduit along Homestead Street as it abuts the West one-half (W1/2) of Lot Eight (8), Marshall Subdivision of the SE1/4NE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota 2615 Homestead Street.
21. No. PW043013-15 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Highway Improvement Inc. for Asphalt Surface Crack Sealing, Project No. ST13-2104 / CIP No. 50549.
22. No. PW043013-16 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company, Inc. for Design and Bidding Professional Services for Omaha Street / West Boulevard Intersection Reconstruction Utilities, Project No. 14-2097 / CIP No. 50955, in the amount of $26,975.00.
23. No. PW043013-17 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to an Agreement between the City of Rapid City and Banner Associates Inc. for Professional Services for Northridge Water Storage Reservoir, Project No. W09-1792 / CIP No. 50754, in the amount of $66,792.00.
24. No. PW043013-18 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and CETEC Engineering Services Inc. for Design and Bidding Services Inc for East Rapid City Water System Expansion, Project No. 13-2107 / CIP No. 50964, in the amount of $28,788.00.
25. No. PW043013-19 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to an Agreement between the City of Rapid City and HDR Engineering for Professional Services for Minnewasta Water Main Reconstruction and Street Rehabilitation, Project No. 12-2060 / CIP No. 50383, in the amount of $5,764.00.
26. No. PW043013-20 Authorize Mayor and Finance Officer to Sign Release of Covenant Agreement between the City of Rapid City and Wal-East Development.
27. No. PW043013-21 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Dream Design International for Professional Services for Northridge Water Booster Station, Project No. W10-1898 / CIP No. 50834, in the amount of $15,460.00.
28. No. PW043013-41 Authorize Mayor and Finance Officer to Sign Release and Termination of Temporary Public Access Easement Howard Street.
29. No. PW043013-42 Authorize Mayor and Finance Officer to Sign Release of Occupancy Agreement.
30. No. PW043013-22 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project Van Buren Street Area, Project No. 13-2067 / CIP No. 50844. Estimated Cost: $275,000.00.
31. No. PW043013-23 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project Carriage Hills Area, Project No. 13-2069 / CIP No. 50844. Estimated Cost: $225,000.00.
32. No. PW043013-24 Authorize Staff to Advertise for Bids for Fairmont Boulevard Overlay Project, Project No. 13-2091 / CIP No. 50798. Estimated Cost: $370,000.00.
33. No. PW043013-25 Authorize Staff to Advertise for Bids for Heidiway Lane Utility Extension, Project No. 12-2054 / CIP No. 50524. Estimated Cost: $400,000.00.
34. No. PW043013-28 Approve Installation of West Boulevard Historic District Street Name Signage.
35. No. PW043013-29 Approval of Park/Recreation Facility Partnership Program Sidewalk Improvement Project for Storybook Island.
36. No. PW043013-44 Request the Mayor to authorize staff to prepare revisions to the City Municipal Code regarding the authority of the Public Works Director to execute development agreements for public improvements and the acceptance of public improvements on behalf of the City.
37. No. PW043013-31 Request the Mayor to authorize staff to do a feasibility study on the installation of sidewalks on both sides of Highway 44 from La Crosse Street to Western Dakota Technical Institute and come back with a recommendation at the June 11, 2013, Public Works Committee meeting.
38. No. PW043013-39 Deny a Request for an Exception from Sperlich Consulting for Walgar Development Corporation to Not Dedicate Additional Right-of-Way, or Pedestrian and Utility Access Easement to Minnesota Street (13EX064) Proposed Lots 1 and 2 of Block 3 of Minnesota Park Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
39. No. PW040913-16 Acknowledge Solid Waste Division Report Karl Merbach. (Continued from the April 15, 2013, City Council Meeting)
40. No. PW040913-17 Acknowledge Update on Water Conservation Measures and Water Supply John Wagner. (Continued from the April 15, 2013, City Council Meeting)
Legal & Finance Committee Consent Items
41. No. LF050113-01 - Confirm Reappointments of Kelly Maguire, Richard Maguire, Dr. Patricia Fallbeck and New Appointment of Jack Welker to the RSVP Advisory Board
42. No. LF050113-02 - Acknowledge Capital Improvement Program Committee Monthly Update for April 2013
43. No. LF050113-03 - Approve the 2012 Carry Over to 2013 of Unexpended CIP Project Funds
44. No. LF050113-04 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for April 2013
45. No. LF050113-05 - Approve Capital Plan for Government Buildings - Parks & Recreation/Parks & Recreation for April 2013
46. No. LF050113-06 - Approve Capital Plan for Government Buildings CSAC for April 2013
47. No. LF050113-07 - Approve Capital Plan for Information Technology for April 2013
48. No. LF050113-08 Approve Event Permit for Rediscover America CARivan on May 14 & 15, 2013
49. No. LF050113-09 Approve Event Permit for Sports Rock Bike Night Every Thursday from 4:00 p.m. to 10:00 p.m. from May 2, 2013, through September 5, 2013
50. No. LF050113-10 Authorize Staff to Apply for COPS Hiring Grant and Accept if Awarded
51. No. LF050113-11 Authorize Staff to Accept 2012 Department of Homeland Security Grant in the Amount of $29,500
52. No. LF050113-12 Authorize Staff to Purchase 1 4 x 4 Crew Cab, Cab Chassis F450 from McKie Ford for $37,104 Using Bid Price in State Contract #16414
53. No. LF050113-13 Authorize Mayor and Finance Officer to Sign Agreement between the Rapid City Fire Department and Black Hills Urgent Care, LLC for Comprehensive Occupational Medicine Program
54. No. LF050113-14 Authorize Mayor and Finance Officer to Sign a Memorandum of Understanding between the City of Rapid City and American Federation of State, County, and Municipal Employees, Council No. 59 Local #1031 Regarding Snow Removal at the Rapid City Regional Airport
55. No. LF050113-15 - Acknowledge March 2013 General Fund Cash Balance Report
56. No. LF050113-16 Authorization to Call Series 2008 Sales Tax Refunding Bonds as of July 1, 2013
57. No. LF050113-17 Resolution No. 2013-042A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
58. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Liz Herrera, Joe Prince, Fran Wilson, and Tametha McNelley
59. No. LF050113-18 Resolution No. 2013-043 to Establish Full Time Equivalent (FTE) Position for the Community Resources Department
60. No. LF050113-20 Resolution No. 2013-034 Providing Non-Union Employees Excluding Elected Officials with the Same Cost of Living Increase in July of 2013 Being Received by the City's Union Employees
61. No. LF050113-21 - Authorize Mayor and Finance Officer to Sign Contract between the City of Rapid City and the International Association of Firefighters Local 1040 for the Period of January 1, 2014, through December 31, 2017
62. No. LF050113-23 - Authorize Mayor and Finance Officer to Sign Contract between the City of Rapid City and Local 1031, Council 59, of the American Federation of State, County, and Municipal Employees, AFL-CIO for the Period of January 1, 2014 through December 31, 2017
63. No. LF050113-24 - Resolution No. 2013-044 Authorizing Salary Adjustments for the City's Non-Union Employees in 2014 Based on the Salary Adjustments Contained in the Contracts between the City and its Various Employee Bargaining Units
64. No. LF050113-25 Authorize Mayor and Finance Officer to Sign Addendum to Memorandum of Joint Powers Agreement between the City of Rapid City and the Office of History, State of South Dakota
65. No. LF050113-27 - 2012 Historic Preservation Commission Annual Report (information item)
66. No. LF050113-28 Acknowledge Raffle Request from Youth & Family Services
67. No. LF041013-16 Acknowledge report by Sandy Diegel on Findings of Rapid City Senior Need Assessment and Service Gap Analysis and to release the report to the public.
68. No. LF050113-29 Acknowledge report by Doyle regarding Residential Sewer Billing.
69. No. LF050113-31 Approve Resolution No. 2013-045 Authorizing the City Council to Hold Meetings Via Teleconference in the Case of Emergencies.
Community Planning & Development Services Department Consent Items
70. No. 13PL028 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for Randall Long and Jan Lochridge-Long for a Preliminary Subdivision Plan for property generally described as being located north of Mulligan Mile between US Highway 16 and US Highway 79.
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 71 - 97
Public Comment opened Items 71 - 97
Public Comment closed
Ordinances
71. No. LF041013-17 Second Reading, Ordinance No. 5925, An Ordinance Repealing Bicycle Registration Requirements by Amending Chapter 10.64 of the Rapid City Municipal Code
72. No. LF041013-18 Second Reading, Ordinance No. 5927, An Ordinance to Codify the Terms of Office of Department Directors by Adding Section 2.04.025 to the Rapid City Municipal Code
73. No. 13RZ006 - First Reading, Ordinance 5926, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Bradley H. Estes for M Hill Business Plaza, LLC for a Rezoning from Light Industrial District to General Commercial District for property generally described as being located at 1401 West Omaha Street.
74. No. LF050113-30 First Reading, Ordinance No. 5917, Supplemental Appropriation No. 2 for 2013.
75. No. LF050113-32 First Reading, Ordinance No. 5930, An Ordinance to Delegate to the Rapid City Regional Airport Board the Power to Declare Certain Property as Surplus by Amending Section 2.72.070 of the Rapid City Municipal Code.
76. No. LF050113-33 First Reading, Ordinance No. 5931, An Ordinance to Delegate to the Rushmore Plaza Civic Center Board the Power to Declare Certain Property as Surplus by Amending Section 2.76.080 of the Rapid City Municipal Code.
77. No. LF050113-34 First Reading, Ordinance No. 5928, An Ordinance to Amend the Deadline to Obtain Contractor Licenses by Amending Section 15.04.140 of the Rapid City Municipal Code.
78. No. LF050113-35 First Reading, Ordinance No. 5929, An Ordinance to Codify the Term of Office of the Mayor's Executive Assistant by Amending Section 2.12.070 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items
79. No. 13PL029 - A request by Davis Engineering, Inc. for Estate of Arlene Murphy, Dennis Murphy, personal representative for a Preliminary Subdivision Plan for property generally described as being located south of Longview Road between Reservoir Road and Remington Road.
80. No. 13PL030 - A request by Dream Design International, Inc. for a Preliminary Subdivision Plan for property generally described as being located at the corner of East Mall Drive and North Elk Vale Road.
Legal & Finance Committee Items
81. No. LF050113-19 Preliminary Approval of the 2013-2017 Consolidated Plan and FY2013 Annual Action Plan
82. No. LF050113-22 Authorize Mayor and Finance Officer to Sign Contract between the City of Rapid City and the Fraternal Order of Police South Dakota Lodge #2A for the Period of January 1, 2014 through December 31, 2016.
83. No. 13TI001 Authorize Mayor and Finance Officer to Sign Amended Contract for Construction of Public Improvements through Private Developer, Tax Increment District Number Sixty-Nine, between City and North Street Fire Station, LLC.
Public Works Committee Items
84. No. PW043013-30 Authorize Mayor and Finance Officer to Sign an Agreement Between the City of Rapid City and Black Hills Works for Custodial Services for Parks and Recreation Facilities.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
85. No. CC050613-02.1 - E Indiana and Laurel Watermain Reconstruction Project No. 12-2058 / CIP No. 50389.4-1A
86. No. CC050613-02.2 East North Street Utility Reconstruction Herman St to Pine St, Project No. 12-2017 / 50865
Alcoholic Beverage License Applications Items 87 - 95
Reissuance
2013-2014 Retail (On-Off Sale) Malt Beverage License Renewals NO Video Lottery
87. City of Rapid City DBA Executive Golf Course, 1136 Executive Drive for a Retail (on-off sale) Malt Beverage License
88. City of Rapid City DBA Rushmore Plaza Civic Center, 444 N Mt Rushmore Road for a Retail (on-off sale) Malt Beverage License
2013-2014 Package (Off Sale) Malt Beverage License Renewals
89. Big D Oil Co DBA Big D Oil Co #8, 2303 Jackson Blvd for a Package (off-sale) Malt Beverage License
90. Big D Oil Co DBA Big D Oil Co Store #41, 1160 LaCrosse Street for a Package (off-sale) Malt Beverage License
91. Big D Oil Co DBA Big D Oil Co Store #42, 850 E North Street for a Package (off-sale) Malt Beverage License
92. Big D Oil Co DBA Big D Oil Co #17, 3540 Sturgis Road for a Package (off-sale) Malt Beverage License
93. Big D Oil Co DBA Big D Oil Co #24, 3010 W Main for a Package (off-sale) Malt Beverage License
94. Big D Oil Co DBA Big D Oil Co #22, 49 E Omaha for a Package (off-sale) Malt Beverage License
95. Big D Oil Co DBA Big D Oil Co #4, 1507 E St Patrick for a Package (off-sale) Malt Beverage License
Mayor's Items
Council Items & Liaison Reports
96. No. CC050613-04.3 Get Fit Rapid City Alderperson Chad Lewis (Twitter: getfitrc)
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
97. No. LF032713-15 - FY 2012 Annual Report Update (Continued from the April 1, 2013 Council)
Appeals
Planning Commission Appeals
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 98 102
Open Public Hearing (comment) -- Items 98 - 102 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
Close Public Hearing (comment) -- Items 98 - 102
CONSENT PUBLIC HEARING ITEMS Item 98 - 99
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
98. Kathmandu Bistro LLC DBA Kathmandu Bistro, 727 Main Street for a Retail (on-off sale) Wine License
99. Kathmandu Bistro LLC DBA Kathmandu Bistro, 727 Main Street 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 100 - 102
100. No. 12RZ019 - Second Reading, Ordinance 5906, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Renner and Associates, LLC for Parkview Estate LLC for a Rezoning from Low Density Residential District to Medium Density Residential Distinct for property generally described as being located east of Parkview Drive and south of East Minnesota Street.
101. No. 13RZ004 - Second Reading, Ordinance 5915, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Kent Kennedy for Thomas A. Whillock for a Rezoning from High Density Residential District to Office Commercial District for property generally described as being located at 726 South Street.
102. No. 13RZ005 - Second Reading, Ordinance 5916, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to General Commercial District for property generally described as being located west of South U.S. Highway 16 and south of Catron Boulevard.
BILLS
103. No. CC050613-01 Bill List for May 6, 2013
ADJOURN