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City Council Policies and Procedures

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., Tuesday, September 2, 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

 

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 1 – 47

 

Open Public Comment – Items 1 - 37

                        Close Public Comment

 

CONSENT ITEMS – Items 1 - 37

 

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

 

Approve Minutes

1.            Approve Minutes for the August 18, 2014 Regular Council meeting and Minutes for the August 11, 2014 and August 13, 2014 Special Council meetings.

 

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

 

Alcoholic Beverage License Applications Set for Hearing (September 15, 2014)

2.            Dakotah Steakhouse LLC DBA Dakotah Steakhouse, 1325 N. Elk Vale Rd for a Package (off-sale) Malt Beverage License

3.            Uncork'd Wine & Tapas Bar LLC DBA Uncork'd Wine & Tapas Bar LLC, 5734 Sheridan Lake Rd #107 for a Retail (on-off sale) Wine License TRANSFER from Uncork'd Wine & Tapas Bar LLC DBA Uncork'd Wine & Tapas Bar LLC, 5734 Sheridan Lake Rd

4.            Uncork'd Wine & Tapas Bar LLC DBA Uncork'd Wine & Tapas Bar LLC, 5734 Sheridan Lake Rd #107 for a Retail (on-off sale) Malt Beverage License TRANSFER from Uncork'd Wine & Tapas Bar LLC DBA Uncork'd Wine & Tapas Bar LLC, 5734 Sheridan Lake Rd

4a.       Rapid City Downtown Association for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for September 23, 2014 at United Way of the Black Hills, 621 6th Street

 

Public Works Committee Consent Items

5.            No. PW082614-02 – Authorize Staff to Advertise for Bids for 2013 Storm Damage Recovery, Project No. 14-2210 / CIP No. 51059. Estimated Cost: $350,000.00.

 

6.            No. PW082614-03 – Authorize Staff to Advertise for Bids for Copier Lease and Maintenance. Estimated Cost: $60,000.00.

 

7.            No. PW082614-04 – Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and the City of Box Elder for Exchange of Utility Service Areas. 

 

8.            No. PW082614-05 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Midcontinent Communications for an area along Jackson Boulevard.

 

9.            No. PW082614-06 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Tiny Townes, LLC for Creek Drive Oversize Water Main Cost Reimbursement, not to exceed $34,036.00.

 

10.          No. PW082614-07 – Approve with the Requirement to Sign a Waiver of Right to Protest a Request from Little Nest Preschool for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 3459 Jet Drive on the south side of Jet Drive east of the intersection of Jet Drive and Turbine Drive.

 

11.          No. PW082614-08 – Renew Contract with Hawkins Inc. for Ferric Chloride for one year.

 

12.          No. PW082614-09 – Approve Acceptance of Infrastructure for Lazy P6 Phase 6A-2 Water & Sewer Extension – DEV12-1098.

 

13.          No. PW082614-10 – Approve Park Concession Agreement with Mike Derby, dba Derby Advertising, Inc., for operation of the paddleboat concession in Canyon Lake.

 

14.          No. PW082614-11 – Acknowledge the 2014 Bike Friendly Community Honorable Mention recognition from the League of American Bicyclists and specific recommendations for Rapid City to become a more Bike Friendly Community.

 

15.          No. PW082614-12 – Authorize the Mayor and Finance Officer to sign a Standard Agreement with Ferber Engineering Company, Inc. for Professional Design Services for City Bike Path Restoration and Rapid Creek Bank Stabilization, Project No. PR14-6118.

 

16.          No. PW082614-13 – Authorize the Mayor and Finance Officer to Sign a Restrictive Covenant – Road Maintenance Agreement with Village at Skyline Pines, LLC for proposed private streets within Tract 1 of Skyline Pines East Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.

 

17.          No. PW082614-14 – Authorize Mayor and Finance Officer to Sign Agreement Concerning Voluntary Annexation and Transfer of Water System Between Countryside Homeowners Association, Inc. and City of Rapid City.

 

18.          No. PW081214-12 – Acknowledge Applicant's Request to Withdraw Appeal of Denial of Request from Fisk Land Surveying & Consulting Engineers, Inc. for Jim Steele for an Exception to Allow Additional Chip Seal Application in lieu of Standard Pavement.

 

19.          No. PW082614-15 – Acknowledge the Report on condition of Leonard Swanson Memorial Pathway and Plan for Maintenance and have the Parks and Recreation Department report back on the monetary needs of the full bike path system at the October 14, 2014, Public Works Committee.

 

Legal & Finance Committee Consent Items

20.          No. LF082714-01 - Acknowledge Capital Improvement Program Committee Monthly Update for August 2014

 

21.          No. LF082714-02 - Approve Capital Plan for Street, Drainage and MIP Projects for August 2014

 

22.          No. LF082714-03 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for August 2014

 

23.          No. LF082714-04 - Approve Capital Plan for Government Buildings - Parks & Recreation for August 2014

 

24.          No. LF082714-05 – Approve Capital Plan for Parks & Recreation for August 2014.

 

25.          No. LF082714-06 - Approve Capital Plan for Government Buildings – CSAC for August 2014

 

26.          No. LF082714-07 - Approve Capital Plan for Information Technology for August 2014

 

27.          No. LF082714-08 - Approve the Funding Request for the New Zuercher Media Server, Two Replacement Servers and Associated Software in the Amount of $28,427.48 from IT Contingency

 

28.          No. LF082714-09 - Release $100,000 from 2014 Council Contingency to Purchase Vehicles and Related Equipment for the Rapid City Police Department (per the 8/13/2014 Budget Discussion)

 

29.          No. LF082714-10 – Authorize Staff to Purchase One (1) RAM 1500 Crew Cab Truck in the Amount of $23,340 Using State Bid Contract #16543

 

30.          No. LF082713-11 – Authorize Mayor and Finance Officer to Sign Contract Agreement between the City of Rapid City and NRG Consulting LLC for Professional Wildfire Hazardous Fuel Removal Services in Skyline Wilderness Park

 

31.          No. LF082714-12 – Acknowledge June 2014 Sales Tax Report.

 

32.          No. LF082714-14 – Resolution No. 2014-076A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

 

33.          No. LF082714-18 - Request Transfer of $25,000 from 2014 Council Contingency Line Item to the Cemetery Enterprise Fund, Professional Services, to be Used Specifically for the Headstone Re-Alignment Project

 

34.          No. LF082714-19 – Approve Event Permit for free parking on Friday, September 5, 2014, between Mt. Rushmore Road and Ninth Street and Kansas City Street and St. Joseph Street for the State Senior Games.

 

35.          No. LF082714-17 – Approve request by South Dakota School of Mines & Technology to Waive Banner Fee.

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items (NONE)

 

Bid Award Consent Items

36.          No. CC090214-02.1 – Approve award of Total Bid for Saint Patrick Street Concrete Repair Project, Project No. 14-2209 / CIP No. 50445 opened on August 26, 2014, to the lowest responsible bidder, Stanley J Johnsen Concrete Contractor, Inc., in the amount of $395,894.35.

 

37.          No. CC090214-02.2 – Approve award of Total Bid for Landfill Cells 13 & 14 Final Cover System, to the lowest responsible bidder, Zandstra Construction Inc., in the amount of $1,088,700.00

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 38 - 47

 

Open Public Comment – Items 38 - 47

                        Close Public Comment

 

Ordinances

38.          No. LF073014-30 – Second Reading, Ordinance No. 5999, FY2015 Appropriation Ordinance.

 

39.          No. 14OA006 – Second Reading, Ordinance No. 6001, An Ordinance Amending Provisions Concerning the General Provisions of Subdivisions by Amending Chapter 16.04.090 of the Rapid City Municipal Code

 

40.          No. 14RZ008 - First Reading, Ordinance 6007, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. from Low Density Residential I to Low Density Residential II for a portion of the W1/2 of the SE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, generally described as being located south of and adjacent to SD Highway 44 and east of and adjacent to Elk Vale Road.

 

41.          No. 14OA007 – First Reading, Ordinance 6008, An Ordinance to Allow Child Care Centers as a Conditional Use in Light Industrial Districts by Amending Section 17.22.030 of the Rapid City Municipal Code.

 

42.          No. 14OA008 – First Reading, Ordinance 5998, An Ordinance to Adopt the 2014 National Electrical Code by Amending the Rapid City Electrical Code Found in Chapter 15.16 of the Rapid City Municipal Code.

 

Community Planning & Development Services Department Items (NONE)

 

Legal & Finance Committee Items

43.          No. LF082714-15 – Appeal by Rana Graham of Building Board of Appeals' Decision Regarding Contractor's License of Lyndon Bolt.

Committee Motion: Deny, carried 4-1

 

44.          No. LF082714-16 – Appeal by James S. Steele of Building Board of Appeals' Suspension of James S. Steele Construction Company's Contractor's License.

Committee Motion: Deny, carried 3-2

 

Public Works Committee Items

45.          No. PW081214-09 – Traffic Recommendation for the Intersection at Stumer Road and Enchantment Road. 

Committee Motion: Forward without Recommendation; unanimous

 

Compass Committee Items

 

CIP Committee Items

 

Other Board, Commission & Committee Items

 

Bids

 

Alcoholic Beverage License Applications – Special Event

46.          No. CC090214-04.1 – Museum Alliance of Rapid City Inc for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for September 5, 2014 at Storybook Island, 1301 Sheridan Lake Road

 

Mayor's Items

47.          No. CC090214-04.2 – Confirm the appointment of Michael Diedrich to the Rushmore Plaza Civic Center Board

 

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 48 - 52

 

Open Public Hearing - Items 48 - 52 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing - Items 48 - 52

 

CONSENT PUBLIC HEARING ITEMS – Item 48 - 52

 

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

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

48.          CCKT DBA Queen of Hearts Casino II, 316 East Boulevard, Suite 100 for a Retail (on-off sale) Malt Beverage License (InActive) TRANSFER from Carolyn's Casinos Inc DBA Carolyn's Casino Inc, 355 11th Street

49.          Lawrence Adams and Tara Little DBA Rumours, Inc., 5509 Bendt Drive for a Retail (on-off sale) Wine License

50.          Lawrence Adams and Tara Little DBA Rumours, Inc., 5509 Bendt Drive for a Retail (on-off sale) Malt Beverage License

51.          Phatty McGee's Inc DBA Phatty McGee's Inc. 321 7th Street for a Retail (on-sale) Liquor License TRANSFER from Ugly Inc DBA Budd Ugly's, 321 7th Street

 

Assessment Rolls

52.          No. LF082714-13 – Resolution No. 2014-072B Levying Assessment for Canyon Lake & Red Dale Drive Sidewalk Project No. SWK12-2042

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS (NONE)

 

BILLS

53.          No. CC090214-01 – Bill List for September 2, 2014.

 

ADJOURN