AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., August 19, 2013
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
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 5 - 49
Open Public Comment Items 5 - 40
CONSENT ITEMS Items 5 - 40
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
5. Approve Minutes for the August 5, 2013 Regular Council meeting and the July 30, 2013 and July 31, 2013 Special Council meetings.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (September 3, 2013)
6. AAF-Black Hills for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for September 20, 2013 at Suzie Cappa Art Center, 722 St Joseph Street
7. Dogsters LLC DBA Taste of Chicago, 710 N LaCrosse St, Suite #4 for a Retail (on-off sale) Malt Beverage License
Public Works Committee Consent Items
8. No. PW081313-02 Confirm the Reappointment of Dr. David C. Bartsch and the Appointments of Dan Rokusek and Brian L. James to the Rapid City Area Air Quality Board.
9. No. PW081313-03 Confirm the Reappointment of Clancy Kingsbury and the Appointment of Vicky Fenhaus to the Historic Sign Review Committee.
10. No. PW081313-04 Confirm the Reappointments of S. Allen Freeland, Eldene Henderson, and Ken Steinken and the Appointment of Jay Pond to the Standing Committee on Sustainability.
11. No. PW081313-05 Approve Change Order No. 1F to RCS Construction for East Meade Street Water Main Repair, Project No. 13-2114 / CIP No. 51001, for a decrease of $8,332.24.
12. No. PW081313-06 Approve Change Order No. 5 to Moltz Construction, Inc. for Jackson Springs Water Treatment Plant, Project No. WTP10-1858 / CIP No. 50789, for an increase in the Contract Price of $34,688.00.
13. No. PW081313-08 Approve Change Order No. 1F to Hills Materials Company for Pavement Rehabilitation Locust Street, Project No. 13-2068 / CIP No. 50844, for a decrease of $9,695.96.
14. No. PW081313-09 Approve Change Order No. 5F to Mainline Contracting for Elm Avenue Reconstruction East Oakland Street to Utah Street, Project No. ST10-1777 / CIP No. 50643, for an increase of $1,436.85.
15. No. PW081313-10 Approve Change Order No. 2F to Mainline Contracting for East Idaho and Ivy Water Main Reconstruction, Project No. 12-2059 / CIP No. 50421.3-1A, for a decrease of $24,751.28.
16. No. PW081313-11 Approve Change Order No. 1F to Highmark Inc. for Homestead-Meadow Ridge Transmission Main Extension, Project No. 12-2011 / CIP No. 50898, for a decrease of $31,900.00.
17. No. PW081313-12 Authorize Staff to Advertise for Bids for ASA Softball Parkview Addition, Project No. 12-2043 / CIP No. 50937. Estimated cost: $1,520,000.00.
18. No. PW081313-13 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Fennell Design Inc. for Professional Services for Horace Mann Park Pool Replacement, Project No. PR11-1942 / CIP No. 50864, in the amount of $395,750.00.
19. No. PW081313-14 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering Inc. for Construction Professional Services for Minnewasta Water Main Reconstruction, Project No. 12-2060 / CIP No. 50383, in the amount of $56,257.00.
20. No. PW081313-15 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of curb, gutter, sidewalk, pavement, sanitary sewer and street light conduit along Dyess Avenue as it abuts a portion of SE1/4NE1/4 of Section 20, T2N, R8E of the Black Hills Meridian, Pennington County, South Dakota. (Generally located ½ mile north of Seger Drive on Dyess Avenue)
21. No. PW081313-16 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and American Technical Services Inc. for Material Testing and Inspection Services for Roosevelt Park 50-Meter Pool, Project No. 12-2090 / CIP No. 50948, in the amount of $25,764.00.
22. No. PW081313-17 Approve Recommendation for Scope of Construction for Dakota Drive and West Main Street Utility Reconstruction Project W10-1894.
23. No. PW081313-18 Approve Acceptance of Infrastructure for Homestead Subdivision Phase II - Ziebach Street Improvements, DEV 12-1066.
24. No. PW081313-19 Approve Request from Jim Steele for a Variance to Waive the Requirement to Install Sidewalk along Sun Ridge Road as it abuts proposed Lot 3 of the S and S Subdivision per City Ordinance 12.08.060.
25. No. 13TP037 Approve 2013-2017 Coordinated Public Transit-Human Services Plan -- Final Report.
26. No. 13TP039 Approve 2014-2017 Transportation Improvement Program Final.
27. No. 13TP040 - Approve Rapid City Area Metropolitan Planning Organization Functional Class Map.
28. No. PW081313-07 Approve Change Order No. 4 to Dean Kurtz Construction Company for Elk Vale Lift Station, Project No. 11-1999 / CIP No. 50728, for an increase of $68,451.00.
29. No. PW081313-20 Acknowledge Annual Report and Upcoming Goals for 2012-2014 from the Standing Committee on Sustainability Eirik Heikes.
30. No. PW073013-16 Deny the Request from Dream Design International for a Variance to Waive the Requirement to Install Sidewalk Along Proposed Lytle Lane per City Ordinance 12.08.060. (Continued from the August 5, 2013, City Council Meeting)
31. No. PW081313-22 Acknowledge Report on Noxious Weed Concerns Resulting from Street Reconstruction 5th Street to Saint Anne Street Jeff Barbier.
Legal & Finance Committee Consent Items
32. No. LF081413-01 Acknowledge Raffle Request from Pennington County Republican Women
33. No. LF081413-02 Authorize Mayor and Finance Officer to Sign a Settlement Agreement with Conrad and Reone Rupert for Damage Caused to Trees Located on their Property at 6075 Sheridan Lake Road
34. No. LF081413-03 Resolution No. 2013-084 Promoting Wade Nyberg From Assistant City Attorney II to Assistant City Attorney III
35. No. LF081413-06 Request the Mayor to authorize staff to work with the Attorney's Office to draft a change to the ordinance to allow parking of recreational vehicles, boats, travel trailers and hauling trailers in private driveways or on a hard or gravel surface parking pad as long as it does not encroach into a sidewalk, right-of-way, street, or sight triangle.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
36. No. CC081913-02.1 - Approve award of Total Base Bid for Alma St., Gladys St., and Lennon Ln. Area Water Main Extension Project No. 12-2039 / CIP No. 50912 opened on August 13, 2013, to the lowest responsible bidder, Rapid Construction Company, LLC. in the amount of $583,012.49.
37. No. CC081913-02.2 - Authorize staff to re-advertise for bids, no bids received for Minnewasta Water Main Reconstruction & Street Rehabilitation Project No. 12-2060 / CIP No. 50383 opened on August 13, 2013.
38. No. CC081913-02.3 - Authorize staff to re-advertise for bids, no bids received for Canyon Lake / Red Dale Sidewalk Installation Project No. SW12-2042 / CIP No. 50936 opened on August 13, 2013.
39. No. CC081913-02.4 - Approve award of Total Base Bid for Pavement Rehabilitation Project Circle Drive Project No. 13-2108 / CIP No. 50844 opened on August 13, 2013, to the lowest responsible bidder, J & J Asphalt Company, in the amount of $166,267.30.
40. No. CC081913-02.5 - Approve award of Total Base Bid for Liquid Oxygen Supply opened on August 13, 2013, to the lowest responsible bidder, A&B Welding and Supply Company, in the amount of $41,616.00.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 41 - 49
Open Public Comment Items 41 - 49
Ordinances
41. No. 13RZ019 - First Reading, Ordinance 5955, 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 Horizon Properties, Inc. for a Rezoning from Medium Density Residential District to General Commercial District for property generally described as being located northwest of the intersection of Hawthorne Avenue and of East Meade Street.
42. No. 13RZ018 First Reading, Ordinance 5954, 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 DKEA, LLC for a Rezoning from General Agricultural District to Low Density Residential District for property generally described as being located west of Dunsmore Road.
43. No. LF081413-05 First Reading, Ordinance 5952, FY2014 Appropriation
44. No. LF081413-07 First Reading, Ordinance No. 5957, An Ordinance Allowing the Appointment of Alternate Members to the Rapid City Historic Preservation Commission by Amending Sections 2.68.020, 2.68.030 and 2.68.040 of the Rapid City Municipal Code.
45. No. LF061213-08 First Reading, Ordinance No. 5938, An Ordinance to Amend Chapter 5.36 of the Rapid City Municipal Code to Update the Licensing Framework Applicable to Pawnbrokers and Secondhand Dealers, and to Incorporate Gems and Precious Metals Dealers Under this Chapter.
46. No. LF073113-24 First Reading, Ordinance No. 5953, An Ordinance Amending Section 6.08.060 of the Rapid City Municipal Code Applicable to the Licensing of Pigeons and Pigeons Lofts Within City Limits.
Community Planning & Development Services Department Items
47. No. 13PL072 - A request by Sperlich Consulting Inc. for a Preliminary Subdivision Plan for property generally described as being located southwest of the intersection of Cliff Drive and Farview Drive.
Public Works Committee Items
48. No. PW073013-15 Request from Dream Design International for a Variance to Waive the Requirement to Install Sidewalk Along South Dakota Highway 44 per City Ordinance 12.08.060. (Continued from the July 30, 2013, Public Works Committee Meeting)
Legal & Finance Committee Items
49. No. LF081413-04 Resolution No. 2013-083, A Resolution Opposing the In Situ Mining of Uranium by Powertech in Custer and Fall River Counties
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
Alcoholic Beverage License Applications
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
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 50 - 57
Open Public Hearing - Items 50 - 57 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Item 50
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until September 3, 2013:
50. No. 13CA011 - A request by Renner and Associates, LLC for Horizon Properties, Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Commercial for property generally described as being located northwest of the intersection of Hawthorne Avenue and East Meade Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 50 - 57
CONSENT PUBLIC HEARING ITEMS Item 51 - 53
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (None)
Alcohol Licenses
51. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for September 10, 2013 at Golden West Technologies, 2727 N. Plaza Drive.
52. Rapid River Gallery LLC DBA Rapid River Gallery LLC, 910 Main Street #120 for a Retail (on-off sale) Wine License
53. Rapid River Gallery LLC DBA Rapid River Gallery LLC, 910 Main Street #120 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 54 - 57
54. No. CC081913-04.1 - Young Professionals of Rapid City for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for August 27, 2013 at The Shops at Main Street Square, 512 Main Street
55. No. CC081913-04.2 - Wal East Development DBA Joker's Casino South II, 1320 Mt Rushmore Rd #C2 for a Retail (on-off sale) Malt Beverage License TRANSFER from Wal East Development DBA Jackpot Casino East, 2708 E Hwy 44
56. No. 13RZ016 - Second Reading, Ordinance 5947, 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 WALGAR Development Corporation for a Rezoning from Low Density Residential District I to Medium Density Residential District for property generally described as being located at the current southern terminus of Winfield Street.
57. No. 13RZ017 - Second, Ordinance 5949, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ferber Engineering Company, Inc. for Kevin L. Randall for a Rezoning from General Commercial District to Light Industrial District for property generally described as being located 2090 Deadwood Avenue.
BILLS
58. No. CC081913-01 Bill List for August 19, 2013
ADJOURN