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Please remember to turn all cell phone off or to vibrate during the meeting.
AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, March 3, 2014
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION (You are welcome to participate, but not required)
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month, Janice Knutsen, Ward 5
EXECUTIVE SESSION to consult with legal counsel about pending litigation pursuant to SDCL 1-25-2(3)
1a. No. CC030314-04.3 - Direction from City Council on Lamar Advertising v. Rapid City
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.
2. No. CC030314-04.1 Main Street Square Update Dan Senftner
3. No. CC030314-04.2 University Center Rapid City Gene Bilodeau, Executive Director
NON-PUBLIC HEARING ITEMS -- Items 4 47
Open Public Comment Items 4 37
Close Public Comment
CONSENT ITEMS Items 4 37
Remove Items from the Consent Items and Vote on Remaining Consent Items
4. Approve Minutes for the February 18, 2014 Regular Council meeting and the February 17, 2014 Special Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (March 17, 2014)
5. Rapid City Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for April 8, 2014 at Dakota Business Center, 1635 Deadwood Avenue
6. Museum of the American Bison for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for March 22, 2014 at Museum of the American Bison, 607 St Joseph Street
7. Black Hills Works for a SPECIAL EVENT Wine and Malt Beverage License for Events Scheduled for May 8, 2014; July 31, 2014; October 30, 2014 and December 11, 2014 at Suzie Cappa Art Center, 722 St. Joseph Street
8. Continental Leisure, Inc DBA Carousel Casino, 2050 West Main #2 for a Retail (on-off sale) Malt Beverage License (InActive) TRANSFER from Frank Boyle DBA Rummys, 200 E Main
Public Works Committee Consent Items
9. No. PW022514-29 Confirm the Appointments Barbara A. Preszler as a voting member, Ken Steinken as Alternate #1, and Nisa Schwiesow-Kerr as Alternate #2 to the Standing Committee on Sustainability.
10. No. PW022514-02 Approve the Adjustment of the Utility Support Fund Funding Schedule Utility Support Fund and SAB 28 Fund Oversight Committee.
11. No. PW022514-03 Approve the SAB 28 Fund Program Guidelines Utility Support Fund and SAB 28 Fund Oversight Committee.
12. No. PW022514-04 Approve the SAB 28 Fund Policy for Fees on Assessed Projects Utility Support Fund and SAB 28 Fund Oversight Committee.
13. No. PW022514-05 Approve SAB 28 Funding Request for Countryside Subdivision Voluntary Annexation / Water System Improvements for $800,000.00 contingent upon approval of the annexation agreement Utility Support Fund and SAB 28 Fund Oversight Committee.
14. No. PW022514-06 Authorize Staff to Advertise for Bids for Harmony Lane Street and Utilities Reconstruction Project, Project No. 12-2047 / CIP No. 50712. Estimated Cost: $950,000.00.
15. No. PW022514-07 Authorize Staff to Advertise for Bids for East Signal Drive and Crescent Drive Street and Utility Reconstruction Project, Project No. 12-2052 / CIP No. 50949. Estimated Cost: $2,000,000.00.
16. No. PW022514-08 Authorize Staff to Advertise for Bids for Main Street Water Valve Project, Project No. 08-1761 / CIP No. 50705. Estimated Cost: $400,000.00.
17. No. PW022514-10 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Burns and McDonnell for Design and Bidding Professional Services for Cell 12 GCCS Expansion, Project No. SW13-2147, in the amount of $183,392.00.
18. No. PW022514-11 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Dream Design International for Design and Bidding Professional Services for Rapid Valley Sanitary Sewer Bypass, Project No. 13-2076 / CIP No. 50911 in the amount of $87,543.20.
19. No. PW022514-12 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 West Omaha Street Utilities Sheffer Street to 12th Street, Project No. 16-2099 / CIP No. 50904, in the amount of $407,605.00.
20. No. PW022514-13 Authorize Mayor and Finance Officer to Sign State of South Dakota Joint Powers Financial Agreement between the Department of Transportation and City of Rapid City for the Mount Rushmore Road Project.
21. No. PW022514-14 Authorize Mayor and Finance Officer to Sign Set Hearing date for SRF Application pertaining to the East Rapid City Water System Expansion Project.
22. No. PW022514-15 Authorize Mayor and Finance Officer to Sign Resolution 2014-027 - 2014 Bridge Reinspection Program Resolution.
23. No. PW022514-16 Authorize Mayor and Finance Officer to Sign Resolution 2014-024 a Resolution Supporting a Solid Waste Management Grant for Funds to Support an Event Recycling Program and accept if awarded.
24. No. PW022514-17 Authorize Mayor and Finance Officer to Sign Resolution 2014-022 a Resolution Supporting a Solid Waste Management Grant for Funds to Support a New Public Scale House Facility and accept if awarded.
25. No. PW022514-18 Authorize Mayor and Finance Officer to Sign Resolution 2014-023 a Resolution Supporting a Solid Waste Management Grant for Funds to Support a Secured 24 Hour Service Area and accept if awarded.
26. No. PW022514-19 Request Authorization to Seek Proposals for Engineering Services for Mallridge / Country Road Water Transmission Main, Project No. 14-2173 / CIP No. 50460 and Country Road and 143rd Street Water Main Extension Project No. 14-2174 / CIP No. 50920.
27. No. PW022514-20 Request Authorization to Seek Proposals for Engineering Services for Nordby Lane Reconstruction Project 14-2175 / CIP No. 50803.
28. No. PW022514-21 Approve a Request from Renner and Associates, LLC for a Variance to Waive the Requirement to Install Sidewalk Along Eglin Street, Dyess Avenue and Beale Street for the property located at 2810 Eglin Street per City Ordinance 12.08.060.
29. No. PW022514-22 Grant a Temporary Easement to the South Dakota Department of Transportation for Lot 1 and Lot A of Lot 2 of Tract A in Block 1 of the Owen Mann Tract in the City of Rapid City, Pennington County, South Dakota for SDDOT Project P 0231(12)80 PCN 02R5, being let in conjunction with City Project No. 16-2022 / CIP 50448, West Chicago Street Utility Reconstruction.
30. No. PW022514-23 Authorize Public Works Director and City Attorney to terminate the contract with Pendo's Construction, Inc. for the 2011 Storm Damage Recovery Project, Schedule C, dated 1/31/2013, make all necessary claims against the performance and payment bond provided, and to take such action necessary to repair and finish the project.
31. No. PW022514-24 Approve a Memorandum of Agreement with Neighborworks Dakota Home Resources to construct a playground in Willow Park, located at the intersection of Monroe Street and Lemmon Avenue (near the community gardens).
32. No. PW022514-25 Authorize the Black Hills Farmers Market to utilize Founders Park during the 2014 season as follows: 1) Every Saturday in June with the exception of June 21, 2014; and 2) Every Tuesday, Thursday and Saturday from July through October, with the exception of August 30, 2014.
33. No. PW022514-26 Acknowledge Cemetery Improvements Report.
34. No. PW021114-41 Acknowledge the Applicant's Withdrawal of the Request by Lazy P6 Land Company Inc. for Water and Sewer Service for Property Located Outside the Corporate City Limits legally described as Unit 11 and Undivided Interest in Common Area, Southgate Commercial Condos, Section 19, T1N, R8E, BHM, Pennington County, South Dakota generally located South and East of the 5th Street and Catron Boulevard intersection. (Continued from the February 11, 2014, Public Works Committee Meeting)
Legal & Finance Committee Consent Items
35. No. LF022614-02 Resolution No. 2014-025 to Adopt Automatic Enrollment in the South Dakota Retirement System (SDRS) Supplemental Retirement Plan for Benefited Employees Hired on or after April 1, 2014
36. No. LF022614-03 Authorize Mayor and Finance Officer to Sign Local Governing Body Approval Form (Exhibit 3) for Black Hills Area Habitat for Humanity's Application to South Dakota Housing Development Authority for HOME Funds
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
37. No. CC030314-02.1 - Approve award of Total Bid for Grandview Drive and Nevada Drive Robbinsdale Area Utility & Street Reconstruction Project No. 13-2102 / CIP No. 50421.3-4 opened on February 25, 2014, to the lowest responsible bidder, R.C.S. Construction, Inc., in the amount of $1,303,579.00.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 38 - 47
Open Public Comment Items 38 - 47
Close Public Comment
38. No. LF021214-13 Second Reading, Ordinance No. 5984, An Ordinance to Authorize the Chief of Police or Designee to Issue Special Event and Parade Permits by Amending Section 12.12.020 of the Rapid City Municipal Code.
39. No. LF021214-17 Second Reading, Ordinance No. 5985, An Ordinance to Eliminate the Common Council Permission Requirement for Parades Incorporating Seventy or More Units by Repealing Section 12.20.050 of the Rapid City Municipal Code.
40. No. 14OA001 Second Reading, Ordinance No. 5982, An Ordinance Amending the Definition of Structural Alteration Within the Sign Code to Permit Maintenance of Existing Signs by Amending Section 17.50.080 of the Rapid City Municipal Code.
41. No. 14OA003 Second Reading, Ordinance No. 5981, An Ordinance Amending Certain Provisions in Rapid City Municipal Code Chapter 15.48 Concerning Licenses for Manufactured Home Parks.
42. No. LF100213-27 Second Reading, Ordinance No. 5964, An Ordinance to Revise the Powers, Duties, and Process of the Human Relations Commission by Amending Chapter 2.64 of the Rapid City Municipal Code.
43. No. PW022514-28 First Reading, Ordinance No. 5973, An Ordinance Amending Provisions Concerning Garbage and Refuse Collection in Newly Annexed Areas by Amending Section 8.08.030 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items (NONE)
Public Works Committee Items
44. No. PW022514-09 Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and Pennington County Auditor for Collection of Stormwater Drainage Utility Fees.
45. No. PW022514-27 Request for Sanding and Street Sweeping on Serendipity Lane Ron Bunnell, President Chapel Lane Village Home Owner's Association.
46. No. PW021114-40 Approve Resolution No. 2014-021 Declaring Highmark, Inc. and Dale Schuelke Non-Responsible Bidders on the Award of Future City Projects
Legal & Finance Committee Items
47. No. LF021214-01 Special Event Application for Rapid City Summer Nights
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Alcoholic Beverage License Applications
Council Items & Liaison Reports
Motion for Delivery of Items from Committee
Planning Commission Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 48 - 50
Open Public Hearing - Items 48 - 50 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 58 - 50
CONSENT PUBLIC HEARING ITEMS Item 48 - 50
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
48. People for Weiland for Senate for a SPECIAL EVENT Liquor License for an Event Scheduled for March 7, 2014 at Prairie Edge, 606 Main Street
49. Rapid City Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for March 11, 2014 at The Shops at Main Street Square, 512 Main Street
50. No. LF022614-01 Resolution No. 2014-013B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (NONE)
51. No. CC030314-01 Bill List for March 3, 2014