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City Council Policies and Procedures

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AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., Monday, July 7, 2014

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION (You are welcome to participate, but not required)

 

PLEDGE OF ALLEGIANCE

 

RECOGNITIONS OF COUNCIL MEMBERS

  • Recognition of Ward 1 Alderman Bill Clayton and Ward 5 Alderman Bonny Petersen

 

RECESS TO SWEAR IN NEWLY ELECTED MAYOR AND COUNCIL MEMBERS

  • Oaths of Office administered to Ward Council Members Elect Ron Weifenbach, Steve Laurenti, Chad Lewis, Amanda Scott and Darla Drew

 

RECONVENE

 

ADOPTION OF AGENDA

 

AWARDS AND RECOGNITIONS

 

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.

 

ELECTION OF OFFICERS

1.            Election of Council President

2.            Election of Council Vice President

 

NON-PUBLIC HEARING ITEMS -- Items 3 - 68

 

Open Public Comment – Items 3 - 65

                        Close Public Comment

 

CONSENT ITEMS – Items 3 - 65

 

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

 

Approve Minutes

3.            Approve Minutes for the June 16, 2014 Regular Council meeting and the June 23, 2014 Special Council meeting.

 

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

 

Alcoholic Beverage License Applications Set for Hearing (July 21, 2014)

4.            Diamond Hospitality LLC DBA Howard Johnson Inn & Suites, 950 North Street for a Retail (on-off sale) Wine License TRANSFER from Century Motels Inc DBA Howard Johnson Express Inn & Suites, 950 North Street

5.            Diamond Hospitality LLC DBA Howard Johnson Inn & Suites, 950 North Street for a Retail (on-off sale) Malt Beverage License TRANSFER from Century Motels Inc DBA Howard Johnson Express Inn & Suites, 950 North Street

6.            Qi Zhu DBA Tokyo Sushi, 1575 LaCrosse Street, Suite 3B for a Retail (on-off sale) Malt Beverage License.

7.            Joaquin Martinez Martinez DBA El Mariachi, 1012 E North St, Suite A for a Retail (on-off sale) Malt Beverage License (2014-2015 Renewal)

8.            South Dakota Board of Regents DBA South Dakota School of Mines for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for September 6 and 20, 2014; October 11 and 25, 2014; and, November 8 and 15, 2014 at SDSMT Campus, O'Harra Stadium, 501 E Saint Joseph Street

9.            Lori Eggersgluess DBA Mystique Edge, 318 Mt Rushmore Rd, Suite E for a Retail (on-off sale) Malt Beverage License

10.          Lori Eggersgluess DBA Mystique Edge, 318 Mt Rushmore Rd, Suite E for a Retail (on-off sale) Wine License TRANSFER from Lori Eggersgluess DBA Mystique Edge, 509 7th Street

11.          Red Lobster Hospitality LLC DBA Red Lobster #460, 120 Disk Drive for a Retail (on-sale) Liquor License TRANSFER from GMRI Inc DBA Red Lobster #0460, 120 Disk Drive

 

Public Works Committee Consent Items

12.          No. PW070114-02 – Confirm the Appointment of Jonathon Pinkard as Alternate #2 to the Planning Commission.

 

13.          No. PW070114-03 – Approve Change Order #1F to J&J Asphalt for Pavement Rehabilitation Project – Van Buren Street Area, Project No. 13-2067 / CIP No. 50844, for an increase of $4,841.39.

 

14.          No. PW070114-04 – Approve Change Order #1F to Rapid Construction for Alma, Gladys, Lennon Street Water Main Extensions, Project No. 12-2039 / CIP No. 50912, for a decrease of $30,798.17.

 

15.          No. PW070114-05 – Approve Change Order No. 1F to MAC Construction Company, Inc. for WRF Interim Trickling Filter Pump Station Improvements – Construction and Installation, Project No. 13-2105 / CIP No. 50966 to decrease the Contract Amount by $15,680.00 and Extend the Contract Time 14 days to November 15, 2013.

 

16.          No. PW070114-06 – Approve Change Order No. 3F to Heavy Contractors for Roosevelt Park 50 Meter Pool, Project No. 13-2090 / CIP No. 50948, for an increase of $9,439.83.

 

17.          No. PW070114-07 – Approve Change Order No. 3F to Mainline Contracting Inc. for Kansas City Street Reconstruction Project, Project No. 12-2005 / CIP No. 50119, for an increase of $20,724.54

 

18.          No. PW070114-08 – Approve Change Order No. 1F to J&J Asphalt Co. for 2014 Out of the Dust, Project No. 14-2172 / CIP No. 50297, for an increase of $12,061.40.

 

19.          No. PW070114-09 – Approve Change Order #4 to Site Work Specialists for Landfill Cell 16 Expansion Construction, Project No. 13-2111, for an increase of $10,388.00.

 

20.          No. PW070114-10 – Authorize Staff to Advertise for Bids for Brush Chipper for Storm Water Utility. Estimated Cost: $35,000.00.

 

21.          No. PW070114-11 – Authorize Staff to Advertise for Bids for Wildwood Drive Reconstruction – East of Una Del Drive to Sheridan Lake Road, Project No. 13-2118 / CIP No. 50453. Estimated Cost: $900,000.00.

 

22.          No. PW070114-12 – Authorize Staff to Advertise for Bids for Landfill Cell 12 Gas Collection and Control System Expansion, Project No. 13-2147. Estimated Cost: $1,000,000.00.

 

23.          No. PW070114-13 – Authorize Staff to Advertise for Bids for Landfill Cells 13 & 14 Final Cover System, Project No. 13-2164. Estimated Cost: $1,000,000.00.

 

24.          No. PW070114-14 – Authorize Mayor and Finance Officer to Sign Informal Professional Services Agreement between the City of Rapid City and Dream Design International Inc. for Professional Services for Dunsmore Road Drainage Outlet Repairs, Project No. 14-2202 / CIP No. 51032, in the amount of $12,772.50.

 

25.          No. PW070114-15 – Authorize Mayor and Finance Officer to Sign Informal Professional Services Agreement between the City of Rapid City and FMG Engineering. for Professional Services for Stormwater Quality Manual 2014 Revisions, Project No. 14-2186 / CIP No. 51023, in the amount of $18,959.00.

 

26.          No. PW070114-16 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Dakota Pump, Inc. for WRF Supervisory Control and Data Acquisition (SCADA) Improvements Investigation Phase, Project No. 14-2159 / CIP No. 51022 in the amount of $59,684.50.

 

27.          No. PW070114-17 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement between the City of Rapid City and Fennell Design Inc. for Horace Mann Park Pool Replacement, Project No. 11-1942 / CIP No. 50864 in the amount of $6,477.35.

 

28.          No. PW070114-18 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and American Technical Services Inc. at Horace Mann Park Pool Replacement, Project No. 11-1942 / CIP No. 50864, in the amount of $39,660.00.

 

29.          No. PW070114-19 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and CETEC Engineering Services Inc. for Pavement Rehabilitation Project – 1st and 2nd Streets, Project No. 14-2204 / CIP No. 50844, in the amount of $24,778.00.

 

30.          No. PW070114-20 – Authorize Mayor and Finance Officer to Sign Amendment No. 4 to the Agreement between the City of Rapid City and Burns and McDonnell Engineering Co for Cells 15 & 16 Landfill Liner and Leachate Collection, Project No. 11-1974 / CIP No. 50888, in the amount of $45,912.00.

 

31.          No. PW070114-21 – Authorize Mayor and Finance Officer to Sign Covenant Agreement between the City of Rapid City and The Dakota District of the Wesleyan Church to Allow a Storm Water Quality Treatment Pond in a Drainage Easement.

 

32.          No. PW070114-22 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Legacy Land Company LLC for Water Main Cost Reimbursement for Hanover Drive Water Main Extension.

 

33.          No. PW070114-23 – Authorize Mayor and Finance Officer to Sign Agreement with Donald W. Gorman and Marsha Mae Gorman for H Lot, Permanent Easement, and Temporary Construction Easements needed for the Seger Drive Reconstruction from Dyess Ave to 143rd Ave, Project No. 13-2086 / CIP  No. 50277.1-3 and authorize payment as identified in the agreement.

 

34.          No. PW070114-24 – Authorize Mayor and Finance Officer to Sign Agreement with Clifford A. Foster and Kelly G. Foster for H Lot and Temporary Construction Easement needed for the Seger Drive Reconstruction from Dyess Ave to 143rd Ave, Project No. 13-2086 / CIP No. 50277.1-3 and authorize payment as identified in the agreement.

 

35.          No. PW070114-25 – Acknowledge the award of the Jackson Boulevard Utilities Project No. SSW10-1837 / CIP 50177, PCN X02U by the SDDOT in the amount of $4,919,717.91 to Heavy Constructors, Inc. as authorized by City Council on May 19, 2014, and to be constructed in accordance with SDDOT project P 0044(149)40 PCN 6925 and P 0044(0040 PCN 04QJ.

 

36.          No. PW070114-26 – Approve with the Requirement to Sign a Waiver of Right to Protest a Request from Kennedy Design Group Inc. for a Variance to Waive the Requirement to Install Sidewalk per City of Rapid City Ordinance 12.08.060 on the East Side of Creek Drive South of the Intersection of Creek Drive and Hwy 44 for the property located at 1180 Creek Drive.

 

37.          No. PW070114-27 – Approve with the Requirement to Sign a Waiver of Right to Protest a Request from FourFront Design, Inc. for Hog Wild, LLC for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 Along Harley Drive for the Property at 2820 Harley Drive.

 

38.          No. PW070114-28 – Authorize Lowering the Percentage of Work that the General Contractor Must Perform From 50% to 35% for Seger Drive Reconstruction from Dyess Ave to 143rd Ave, Project No. 13-2086 / CIP No. 50277.1-3.           

 

39.          No. 14CA003 – Sections 9 and 16 - A request by City of Rapid City to consider an application for an Amendment to the Comprehensive Plan to Amend the Major Street Plan by reclassifying Park Drive from a Minor Arterial Street to a Collector Street for property generally described as being located between Jackson Boulevard and Corral Drive.

 

40.          No. PW070114-29 – Agreement between the City of Rapid City and Cetec Engineering Services, Inc. for Additional Professional Design Services for Skyline Wilderness Park Trailhead Development & Dinosaur Park Improvements, Project No. PR13-6109 / CIP 51002, in an amount not to exceed $107,077.

 

41.          No. PW070114-30 – Authorize staff to purchase One 2014 or Newer Class CS 1Ton Truck 4x4 Cab Chassis from McKie Ford, in the total amount of $37,461 which matches the amount in State Contract No. 16544.

 

42.          No. PW070114-31 – Acknowledge Update on Stormwater Drainage Utility

 

43.          No. PW070114-32 – Acknowledge Water Division Report

 

44.          No. PW070114-33 – Approve Resolution No. 2014-064 A Resolution Establishing Fees to be Charged in 2014 for Various Licenses Permits and Applications.

 

Legal & Finance Committee Consent Items

45.          No. LF070214-01 – Acknowledge Update from the Opportunity Capture Fund Committee

 

46.          No. LF070214-02 - Acknowledge Capital Improvement Program Committee Monthly Update for June 2014

 

47.          No. LF070214-03 - Approve Capital Plan for Street, Drainage and MIP Projects for June 2014    

 

48.          No. LF070214-04 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for June 2014

 

49.          No. LF070214-05 - Approve Capital Plan for Government Buildings - Parks & Recreation for June 2014

 

50.          No. LF070214-06 - Approve Capital Plan for Parks & Recreation for June 2014

 

51.          No. LF070214-07 - Approve Capital Plan for Government Buildings – CSAC for June 2014

 

52.          No. LF070214-08 - Approve Capital Plan for Information Technology for June 2014

 

53.          No. LF070214-15 – Approve Special Event Permit for Destination Rapid City for Free Downtown Parking All Day on July 26, September 20, and September 27, 2014.

 

54.          No. LF070214-09 – Authorize Mayor and Finance Officer to Sign Mutual Aid in Fire Emergency Services with the Air Force

 

55.          Acknowledge the Following Volunteers for Worker's Compensation Purposes:  Michelle Fish, Bob Beck, Wilbur Holz, Sarah Holz, Charles Stepp, Doug Williams

 

56.          No. LF070214-10 – Acknowledge May 2014 General Fund Cash Balance Report

 

57.          No. LF070214-11 – Acknowledge April 2014 Sales Tax Report

 

58.          No. LF070214-12 – Resolution No. 2014-062A Fixing Time and Place for Hearing on Assessment Roll for a Business Improvement District 2014

 

59.          Authorize Mayor and Finance Officer to Negotiate a Contract with Dougherty & Company, LLC for Financial Advisory Services

 

60.          No. LF070214-13 – Resolution No. 2014-063 to Approve Adding 1.00 Full Time Equivalent (FTE) to Community Resources Headcount 

 

61.          No. 14TP022 – Authorize Mayor and Finance Officer to sign a no-cost extension with KLJ for Meade County Height Meadows Road Access, Traffic Analysis and Route Alignment Study

 

62.          No. LF070214-14 – Deny Request for Property Tax Abatement as Follows: Mavis Iversen - $11,957.01.

 

63.          Acknowledge update by Chief Karl Jegeris on the Silver Street incident.

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items – (NONE)

 

Bid Award Consent Items

64.          No. CC070714-02.1 - Approve award of Total Bid for WRF UV Disinfection System and Post Aeration System Improvements, Project No. 14-2157 / CIP No. 51017 opened on July 1, 2014, to the lowest responsible bidder, PKG Contracting, Inc., in the amount of $2,276,900.00.

 

65.          No. CC070714-02.2 - Approve award of Total Bid for Sodium Chloride opened on July 1, 2014, to the lowest responsible bidder, BlackStrap Inc., in the amount of $387,500.00.

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 66 - 68

 

Open Public Comment – Items 66 - 68

                        Close Public Comment

 

Ordinances (NONE)

 

Community Planning & Development Services Department Items (NONE)

 

Legal & Finance Committee Items

66.          No. LF070214-16 – Request by John and Chris McDowell to Authorize Amendment to Zoning Ordinances to Allow for Hobby Beekeeping in Residential Districts.

 

67.          Request by Macario Lujan for Waiver of $120 Fee for MXU Radio Read Box at 1112 North Maple Avenue.

 

Public Works Committee Items (NONE)

 

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

68.          CC070714-04.2 – Shawn Schramm – Taxi License

 

Other Appeals Heard by the Council

 

PUBLIC HEARING ITEMS – Items 69 - 75

 

Open Public Hearing - Items 69 - 75 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing - Items 69 - 75

 

CONSENT PUBLIC HEARING ITEMS – Item 69 - 73

 

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

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

69.          Dakota Slice LLC DBA Blaze Pizza, 1325 Eglin St #100 for a Retail (on-off sale) Wine License

70.          Dakota Slice LLC DBA Blaze Pizza, 1325 Eglin St #100 for a Retail (on-off sale) Malt Beverage License

71.          P&J Eateries DBA Main Street Pizza and Subs, 502 Main Street, Suite 200 for a Retail (on-off sale) Malt Beverage License

72.          Shooters Inc DBA Shooters Wood Fire Grill, 2424 West Main for a Retail (on-sale) Liquor License (Inactive) TRANSFER from Roadway LLC DBA Roadway LLC, 2208 Mt Rushmore Rd

73.          Shooters Inc DBA Shooters Wood Fire Grill, 2424 West Main for a Retail (on-off sale) Malt Beverage License with Video Lottery (Inactive) TRANSFER from Roadway LLC DBA Roadway LLC, 2208 Mt Rushmore Rd

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Item 74

74.          No. 14RZ005 - Second Reading, Ordinance 5995, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District for Lots 1 and 2 of Stamper Subdivision, generally described as being located 7045 and 7201 S. US Highway 16.

 

INFORMATIONAL ITEM – Item 75

75.          No. CC070714-04.1 - Presentation of recommendations for the Rushmore Plaza Civic Center Expansion Project. This will be a joint presentation from representatives of the Design Team, the Construction Manager and the Finance Committee. The presentation is for informational purposes only. Any vote by the City Council will be limited to continuation of the item, requests for additional information and/or to schedule action for a future date.

 

BILLS

76.          No. CC070714-01 – Bill List for July 7, 2014.

 

ADJOURN