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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, April 7, 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 Thore Jenshus, Ward 1
2. Purple Up for Military Kids Proclamation
EXECUTIVE SESSION to consult with legal counsel about proposed or pending litigation and contractual matters pursuant to SDCL 1-25-2(3).
2a. Authorize staff to seek an injunction against Lazy P6 if it chooses to utilize a holding tank installed on property located within the development known as the Southgate Commercial Condos.
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.
3. No. CC040714-04.1 Library Board Annual Report - Chairperson Rod Pettigrew, Vice-Chairperson Maryanne Rohrer, Library Director Jim McShane and Assistant Library Director Terri Davis
NON-PUBLIC HEARING ITEMS -- Items 4 67
Open Public Comment Items 4 60
Close Public Comment
CONSENT ITEMS Items 4 60
Remove Items from the Consent Items and Vote on Remaining Consent Items
4. Approve Minutes for the March 17, 2014 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (April 21, 2014)
5. Museum of the American Bison for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for April 26, 2014 at Museum of the American Bison, 607 St Joseph Street
6. Rushmore German Club for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for August 15-23, 2014 at the Central States Fair, 800 San Francisco
7. Rapid City Summer Nights, Inc. for a SPECIAL EVENT Wine and Malt Beverage License for an Outdoor Event Scheduled for Thursday Evenings beginning June 5, 2014 through August 28, 2014 (13 individual events), on 7th Street and Main Street.
8. Rapid City Libraries Foundation for a SPECIAL EVENT Wine License for an Event Scheduled for May 6, 2014, June 3, 2014, July 1, 2014, and August 5, 2014 at the Rapid City Public Library, 610 Quincy Street
9. James Goodwin DBA Rummy's Dart Pub, 200 E Main Street for a Retail (on-off sale) Malt Beverage License
10. Joe Lowe for Governor for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for May 1, 2014 at Prairie Edge, 606 Main Street
Public Works Committee Consent Items
11. No. PW040114-02 Approve Change Order No. 1 to General Repair Service for WRF Interim Trickling Filter Pump Station Improvements - Pump Procurement, Project No. 13-2105 / CIP No. 50966 to Extend the Contract Time 7 days to February 24, 2014, with no cost change.
12. No. PW040114-03 Approve Change Order No. 5 to Zenon Environmental Corporation for the Water Treatment Plant Upgrades Jackson Springs Membrane Prepurchase, Project No. W07-1689 / CIP No. 50696 for a decrease of $29,725.00.
13. No. PW040114-09 Authorize Staff to Advertise for Bids for Burns Drive Pavement Rehabilitation, Project No. 14-2164 / CIP 50844. Estimated Cost: $100,000.00.
14. No. PW040114-10 Authorize Staff to Advertise for Bids for Aluminum Sulfate. Estimated Cost: $30,000.00
15. No. PW040114-11 Authorize Staff to Advertise for Bids for Ready Mixed Concrete. Estimated Cost: $63,000.00.
16. No. PW040114-12 Authorize Staff to Advertise for Bids for Hot Mixed Asphaltic Concrete. Estimated Cost; $161,000.00.
17. No. PW040114-13 Authorize Staff to Advertise for Bids for Rapid City Regional Airport #2 - Twilight Dr. & Anderson Rd. Water Transmission Main Ext. Project, Project No. 12-2012, CIP 50899. Estimated Cost: $2,000,000.00.
20. No. PW040114-35 Authorize Staff to Advertise for Bids for Automated Fuel Card System for Rapid Transit. Estimated Cost: $150,000.00.
21. No. PW040114-16 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement between the City of Rapid City and Upper Deck Architects for 2011 Storm Damage Recovery Project, Project No. 12-2016 / CIP No. 50903, in the amount of $32,295.00.
22. No. PW040114-17 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Construction Professional Services for West Chicago Street Utilities Reconstruction Utility Breakout Project, Project No. 14-2161 / CIP 50448.1, in the amount of $72,430.00.
23. No. PW040114-18 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Construction Professional Services for Omaha Street / West Blvd. Intersection Reconstruction Utilities Project, Project No. 14-2097 / CIP 50955, in the amount of $24,985.00.
24. No. PW040114-20 Authorize Mayor and Finance Officer to Sign Joint Funding Agreement between U.S. Department of the Interior, U.S. Geological Survey and City of Rapid City for 2014 Water Resources Investigation to include the operation and maintenance of selected gaging stations and for various hydrologic investigations.
25. No. PW040114-21 Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Black Hills Power Inc. for an area at Meadowbrook Golf Course.
26. No. PW040114-22 Authorize Mayor and Finance Officer to Sign Amendment No. 3 between the City of Rapid City and Burns & McDonnell Engineering Co., Inc. for Jackson Springs Water Treatment Plant Construction Phase Services, Project No. WTP10-1858 / CIP No. 50789 in the amount of $29,725.00.
27. No. PW040114-23 Approve Request from the City of Rapid City for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along the North Side of Harmony Lane for the properties located at 3210, 3214, 3218, 3228, 3234, 3242, 3302, 3306, 3310, 3318, 3326, and 3328 Harmony Lane Lots 1-19 in Willard Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
28. No. PW040114-24 Grant a Highway Use Deed to the South Dakota Department of Transportation for Tract 17 and part of vacated West Chicago Street of the Rapid City Greenway Tract in the City of Rapid City, Pennington County, South Dakota for SDDOT NH 0044(186)44, PCN 04T6, 12th Street and Highway 44.
29. No. PW040114-25 Renew Contract with Hills Materials Company for Limestone Gravel for one year.
30. No. PW040114-26 Approve with the Requirement of a Waiver of Right to Protest (WORP) a Request from Hermanson Egge Engineering for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along East Saint Charles Street for the Property Located at 2425 East Saint Charles Street Lots C & D of Tract A of SE1/4SE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.
31. No. PW040114-19 Authorize Mayor and Finance Officer to Sign State of South Dakota Joint Powers Financial Agreement Between Department of Transportation and City of Rapid City for SDDOT project NH 0044(186)44 PCN 04T6, located at the intersection of Omaha Street and 12th Street.
32. No. PW040114-27 Approve Request from Mount Rushmore Wastewater Treatment Facility to dispose of waste at the Rapid City Water Reclamation Facility.
33. No. PW040114-28 Authorize Parks and Recreation staff to apply for a Recreation Trails Program (RTP) Grant to SD of Game, Fish & Parks; to receive funds if grants are awarded; and authorize signature of associated contracts.
34. No. PW040114-30 Deny Request for Connection to Extended City Water and Sewer Mains; or Transitional Holding Tanks; with Annexation Application Submittal and Amended Oversize Agreement Lazy P6 Land Company Inc.
35. No. PW040114-31 Acknowledge Correction to comments Made by Councilwoman Bonny Petersen and Public Works Director Terry Wolterstorff at the 2/25/12014 Public Works Committee Meeting Lazy P6 Land Company Inc.
36. No. PW040114-32 Acknowledge request to Confirm City Commitment and Schedule for MP203 Lazy P6 Land Company Inc.
37. No. PW070913-07 Approve Resolution No. 2014-042 A Resolution of Necessity for the Acquisition of Public Right-of-Way Over Private Property for the Purpose of Constructing a Street and Other Public Infrastructure Through the Exercise of Eminent Domain. (Enchanted Pines Drive Western Portion)
38. No. PW040114-33 Approve Resolution No. 2014-041 A Resolution of Necessity for the Acquisition of Public Right-of-Way over Private Property for the Purpose of Constructing a Street and Other Public Infrastructure through the Exercise of Eminent Domain (Enchanted Pines Drive Eastern Portion)
39. No. PW040114-34 Authorize Staff to Proceed with Repairs to Public Infrastructure within Big Sky Subdivision.
Legal & Finance Committee Consent Items
40. No. LF040214-01 - Acknowledge Capital Improvement Program Committee Monthly Update for March 2014
41. No. LF040214-02 - Approve 2013 CIP Carryover Funding
42. No. LF040214-03 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for March 2014
43. No. LF040214-04 - Approve Capital Plan for Government Buildings - Parks & Recreation for March 2014
44. No. LF040214-05 - Approve Capital Plan for Parks & Recreation for March 2014
45. No. LF040214-06 - Approve Capital Plan for Government Buildings CSAC for March 2014
46. No. LF040214-07 - Approve Capital Plan for Information Technology for March 2014
47. No. LF040214-08 Resolution No. 2014-032 Declaring Miscellaneous Personal Property Surplus
48. No. LF040214-09 Resolution No. 2014-039 Writing Off Uncollectible Accounts Receivable Accounts
49. No. LF041214-10 Acknowledge January 2014 Sales Tax Report
50. No. LF040214-11 Approve Request for Property Tax Abatement as Follows: Keith M. Rave, 2013, $872.26
51. No. LF040214-12 Resolution No. 2014-040 to Amend the City of Rapid City Compensation Plan by Establishing the Position of Community Development Administrative Assistant within Community Resources (No Additional FTE)
52. No. LF040214-13 Authorize Mayor and Finance Officer to Sign Local Government Certification by the Chief Executive Officer Approving Cornerstone Rescue Mission's Request for Emergency Shelter Grant Funds for the Operation of Both the Cornerstone Women and Children's Shelter and Cornerstone Rescue Mission
53. No. LF040214-14 Acknowledge Update on Affordable Housing and Rapid City Senior Survey Needs Assessment.
54. No. LF040214-15 Acknowledge Update on CDBG FY2014 Funding.
55. No. LF040214-16 - Authorize Mayor and Finance Officer to Sign Settlement Agreement and Release in Full of All Claims Related to the Mallow Fire
56. No. LF040214-17 Acknowledge report from Mike Miles on All Nighter Adult Softball Tournament and to Approve Tournament to be Held June 13-14, 2014.
57. Request the Mayor to Authority Staff to investigate Rana Graham's concerns regarding the City roofing permit process and inspection process and bring back a recommendation to the May 11, 2014, Legal and Finance Committee meeting.
58. No. LF040214-20 - Acknowledge Update on Roosevelt 50 Meter Pool and Horace Mann Leisure Pool and to Approve Request for Reallocation of $1.5 Million from Undesignated Cash for Fiscal Year 2014 for Horace Mann Pool Vision Fund Project.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
59. No. CC040714-02.1 - Approve award of Total Base Bid for 2014 Out of the Dust Project, Project No. ST14-2172 / CIP No. 50297, opened on April 1, 2014, to the lowest responsible bidder J&J Asphalt Company, in the amount of $78,760.00.
60. No. CC040714-02.2 Refer the Main Street Water Valve Repair Project, Project No. 08-1761 / CIP No. 50705 opened on April 1, 2014, to the April 15, 2014, Public Works Committee Meeting.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 61 - 67
Open Public Comment Items 61 - 67
Close Public Comment
61. No. LF040214-18 First Reading, Ordinance No. 5988, An Ordinance to Prohibit Certain Use of Handheld Electronic Wireless Communication Devices While Driving in the City of Rapid City by Adding Section 10.12.410 to the Rapid City Municipal Code.
Community Planning & Development Services Department Items
62. No. 13PL119 - A request by Fisk Land Surveying and Consulting Engineers, Inc for Robert and Stacie Tschetter for a Preliminary Subdivision Plan for proposed Lots 2A and 2B of Dahm Subdivision, for property generally described as being located at 6664 Dark Canyon Road.
Legal & Finance Committee Items
63. No. CC040714-04.2 - Request Mayor Kooiker to Provide Report on Existing Developer's Agreement and all Amendments Regarding President's Plaza and the Obligations Incurred by Such by the City of Rapid City.
64. No. LF040214-19 Acknowledge FY2013 Annual Financial Report.
Public Works Committee Items
65. No. PW040114-29 Request for Oversize - Elderberry Boulevard, Orchard Meadows Subdivision, Yasmeen Dream, LLC.
66. No. PW022514-09 Approve Agreement Between the City of Rapid City and Pennington County Auditor for Collection of Stormwater Drainage Utility Fees.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Alcoholic Beverage License Applications
67. No. CC040714-04.3 Report on Civic Center cost estimate and Financing Options
Council Items & Liaison Reports
Motion for Delivery of Items from Committee
Planning Commission Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 68 - 71
Open Public Hearing - Items 68 - 71 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Item 68
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until April 21, 2014:
68. No. 14CA001 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to revise the Major Street Plan by removing and realigning proposed collector streets for property generally described as being located between East St. Andrew Street and East St. James Street between Elm Street and East St. Joseph Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 68 - 71
CONSENT PUBLIC HEARING ITEMS Item 69 - 70
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
69. Platinum Restaurant Group Inc DBA Marco's Pizza, 3625 Jackson Blvd, for a Retail (on-off sale) Wine License TRANSFER from Derby Advertising Inc DBA Meadowbrook Pub & Grill, 3625 Jackson Blvd
70. Platinum Restaurant Group Inc DBA Marco's Pizza, 3625 Jackson Blvd, for a Retail (on-off sale) Malt Beverage License TRANSFER from Derby Advertising Inc DBA Meadowbrook Pub & Grill, 3625 Jackson Blvd
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 71
71. No. 14RZ001 - Second Reading, Ordinance 5983, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Jared Dupont from General Agricultural District to Light Industrial District for property generally described as being located west of Creek Drive between Centre Street and East St. Patrick Street.
72. No. CC040714-01 Bill List for April 7, 2014.