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City Council Policies and Procedures

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., Monday, October 6, 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.            Employee Awards

2.            Rapid City Beautification Committee – October Yard of the Month, Julie Lien, 307 St Charles/Ward 2

3.            Sustainability Award – Fenske Media Corporation

4.            World Habitat Day Proclamation

 

GENERAL PUBLIC COMMENT

5.            CC100614-04.1 - Summer Concert Series Presentation – Rapid City Downtown Association

 

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 6 – 67

 

Open Public Comment – Items 6 – 64

                        Close Public Comment

 

CONSENT ITEMS – Items 6 - 64

 

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

 

Approve Minutes

6.            Approve Minutes for the September 15, 2014 Regular Council meeting.

 

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

 

Alcoholic Beverage License Applications Set for Hearing (October 20, 2014)

7.            Rapid City Downtown Association for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for October 28, 2014 at Fairmont Creamery Mall, 201 Main Street, Suite 300 (excluding Hay Camp Brewery)

8.            Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for November 20, 2014 at Mazda Mitsubishi, 600 Cambell Street

9.            Dakota's Best Wine & Gifts LLC DBA Dakota's Best Wine & Gifts LLC, 818 Main Street for a Package (off sale) Malt Beverage & SD Farm Wine License

10.          Mini Mart Inc DBA Loaf ‘N Jug #443, 3106 W Main Street for a Package (off-sale) Liquor License TRANSFER from Orris Enterprises Inc DBA Vino 100 & Tinder Box, 520 7th Street #520

11.          Mini Mart Inc DBA Loaf ‘N Jug #446, 2700 Hwy 44 East for a Package (off-sale) Liquor License TRANSFER from Smiths Liquor Gallery Inc DBA Smiths Liquor Gallery Inc, 2218 Jackson Blvd, Suite 1

12.          Mini Mart Inc DBA Loaf ‘N Jug #447, 1601 N Haines Ave for a Package (off-sale) Liquor License TRANSFER from Dakotas Best & Brown Bag Deli Inc DBA Dakota's Best & Brown Bag Deli, 818 Main Street

12a      Rapid City Library Foundation for a SPECIAL EVENT Wine License for a Special Event scheduled for November 4, 2014, December 2, 2014 and January 6, 2015 at Rapid City Public Library-Downtown, 610 Quincy Street

 

Public Works Committee Consent Items

13.          No. PW093014-02 – Approve Change Order No. 1 to Mainline Contracting for Rapid City Sports Complex, Project No. 12-1849 / CIP No. 50792, for a decrease of $41,409.13.

 

14.          No. PW093014-03 – Approve Change Order No. 1F to Hills Materials Company for Minnewasta Road Water Main Replacement and Street Reconstruction, Project No. 12-2060 / CIP No. 50383, for an increase of $66,265.31

 

15.          No. PW093014-04 – Approve Change Order No. 2 to Highmark Inc. for West Chicago and Staton Place Reconstruction and Drainage Improvements, Project No. 12-1187 / CIP No. 50364, for an increase of $18,642.95.

 

16.          No. PW093014-05 – Authorize Staff to Advertise for Bids for Jackson Springs Water Treatment Plant Supplemental Heating, Project No. 14-2213 / CIP No. 51061. Estimated Cost $50,000.00.

 

17.          No. PW093014-06 – Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project – Minnetonka Drive and Queen Heights Court, Project No. 14-2217 / CIP No. 50844. Estimated Cost: $140,000.00.

 

18.          No. PW093014-07 – Authorize Staff to Advertise for Bids for Eglin Street Overlay Project – Dyess Avenue to Lowry Lane, Project No. 14-2216 / CIP No. 50798. Estimated Cost: $150,000.00.

 

19.          No. PW093014-08 – Authorize Staff to Advertise for Bids for Canyon Lake Dam Reconstruction Bypass Pumping, Project No. PW08-1743.1 / CIP No. 50739.1. Estimated Cost $200,000.00.

 

20.          No. PW093014-09 – Authorize Mayor and Finance Officer to Sign Resolution No. 2014-091 a Construction Fee Resolution for Heidiway Lane Utility Extension 12-2054 – Sanitary Sewer.

 

21.          No. PW093014-10 – Authorize Mayor and Finance Officer to Sign Resolution No. 2014-092 a Resolution Repealing the 2005 Policy Regulating the Provision of City Utility Services To Property Located Outside the City Limits and Establishing a New Policy.

 

22.          No. PW093014-11 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Black Hills Power for the new Utility Maintenance Facility property.

 

23.          No. PW093014-12 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Inc. for Rapid City Utility Maintenance Facility, Project No. 13-2120 / CIP No. 50870, in the amount of $19,736.00.

 

24.          No. PW093014-13 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement between the City of Rapid City and FMG Inc. for Water and Sewer Extension Projects, Project No. 13-2100 / CIP No. 50961, in the amount of $29,500.00.

 

25.          No. PW093014-14 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Advanced Engineering and Environmental Services Inc. for Mt. Rushmore Road Utilities Reconstruction – St. James Street to Kansas City Street, Project No. 13-2139 / CIP No. 50950, in the amount of $165,285.00.

 

26.          No. PW093014-15 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement between the City of Rapid City and HDR Engineering for Solid Waste Citizen Campus, Project No. SW01-2057, in the amount of $13,035.35.

 

27.          No. PW093014-16 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Burns and McDonnell for Cell 12 GCCS Expansion, Project No. 13-2147, in the amount of $110,298.00.

 

28.          No. PW093014-17 – Authorize Mayor and Finance Officer to Sign Urban Surface Transportation Program Funding Agreement between the Department of Transportation and City of Rapid City for Letting and Construction of Project P 1774(06) PCN 02SF and P 0044(190)45 PCN 0515; East North/East Boulevard – St. Joseph Street to Herman Street, Project No. 14-2170 / CIP No. 50866.

 

29.          No. PW093014-18 – Authorize Mayor and Finance Officer to Sign Title VI Program for Rapid Transit Division

 

30.          No. PW093014-19 – Authorize Mayor and Finance Officer to Sign Covenant Agreement Between the City and Property Owners on Calle Baja Street to Allow for a Private Force Main.

 

31.          No. PW093014-20 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Discovery Circle, LLC for Force Main Casings Cost Reimbursement, not to exceed $41,620.80.

 

32.          No. PW093014-21 – Notice to Property Owners to Construct or Repair Sidewalks, Project No. 14-1943. 

 

33.          No. PW093014-22 – Request Authorization to Seek Proposals for Professional Services for the Water Distribution Supervisory Control and Data Acquisition (SCADA) Improvements; Project No. 14-2218 / CIP No. 51067.

 

34.          No. PW093014-23 – Request Authorization to Seek Proposals for Professional Services for E. Custer Street Reconstruction, Milwaukee to Racine, Project No. 14-2211 / CIP No. 50916; and E. College Avenue Reconstruction, Milwaukee to Racine, Project No. 14-2212 / CIP No. 50918.

 

35.          No. PW093014-24 – Request Authorization to Seek Proposals for Professional Services for the Water Reclamation Facility (WRF) Facility Plan; Project No. 14-2214 / CIP No. 50943.

 

36.          No. PW093014-25 – Approve Acceptance of Infrastructure for Fox Den Storage Units Water Main Relocation – DEV14-1188.

 

37.          No. PW093014-27 – Request to Purchase Meltdown Apex from Envriotech using the General Services Administration (GSA) Contract Pricing of $1.45 per gallon for product and shipping.

 

38.          No. 14TP030 – Approve the Long Range Transportation Plan Market Research Study Final Report.

 

39.          No. PW093014-28 – Deny Request for Connection for Unit 11 to City Approved Water and Sewer Mains in Watts Lane – Lazy P6 Land Company.

 

40.          No. PW093014-29 – Approve returning the Fairmont Recycle Site for South Rapid City – Alderman Ron Weifenbach.

 

41.          No. PW093014-26 – Authorize Staff to Seek Proposals for Professional Services for South Truck Route Drainage Basin Design Plan Element 203, Project No. 14-2207 / CIP No. 51031.

 

42.          No. PW093014-30 – Approve Staff Recommendation that Architecture Incorporated for Children's Home Society of South Dakota construct the sidewalk from the west property line to the driveway approach and to Require that Architecture Incorporated for Children's Home Society of South Dakota sign a Waiver of Right to Protest for the future installation of the remaining sidewalk improvements from the driveway approach to the east property line.

 

43.          No. PW093014-32 – Deny Request from Jean Smith, Property Owner, for a Variance to Waive the Requirement to Install Sidewalk Along West Saint Anne Street for the property at 2217 Cerro Court per City Ordinance 12.08.060.

 

Legal & Finance Committee Consent Items

44.          No. LF100114-01 – Confirm the Appointment of Andy Ainslie for a Three Year Term to the Rapid City Human Relations Commission

 

45.          No. LF100114-02 - Acknowledge Capital Improvement Program Committee Monthly Update for September 2014

 

46.          No. LF100114-03 - Approve Capital Plan for Street, Drainage and MIP Projects for September 2014

 

47.          No. LF100114-04 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for September 2014

 

48.          No. LF100114-05 - Approve Capital Plan for Government Buildings - Parks & Recreation for September 2014

 

49.          No. LF100114-06 - Approve Capital Plan for Parks & Recreation for September 2014

 

50.          No. LF100114-07 - Approve Capital Plan for Government Buildings – CSAC for September 2014

 

51.          No. LF100114-08 - Approve Capital Plan for Information Technology for September 2014

 

52.          No. LF100114-09 - Approve $60,000 in CIP Grant Match Funding for Additional Sediment Removal for the Canyon Lake Dam Reconstruction Project

 

53.          No. LF100114-10 – Approve 2015-2019 (Five Year) Plan for Government Buildings

 

54.          No. LF100114-12 – Acknowledge August 2014 General Fund Cash Balance Report

 

55.          No. LF100114-13 – Acknowledge July 2014 Sales Tax Report

 

56.          Acknowledge the Following Volunteers for Worker's Compensation Purposes:  Jessica Gillespie

 

57.          No. LF100114-15 – Authorize Mayor and Finance Officer to Sign Quote with Tyler Technologies for Additional AP Check Forms in the Amount of $2,250

 

58.          No. LF100114-17 – Resolution No. 2014-088A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

 

59.          No. LF100114-18 – Approve Updated Travel and Training Regulations

 

60.          No. LF100114-19 - Resolution No. 2014-090 Adopting a Policy Regarding De-Annexation

 

61.          No. 14TP041 - Authorize Mayor and Finance Officer to Sign a No-Cost Extension with KLJ for Meade County High Meadows Road Access, Traffic Analysis and Route Alignment Study

 

Community Planning & Development Services Department Consent Items

62.          No. 14AN002 - A request by David S. Lamb for a Petition for De-Annexation for property generally located south of SD Highway 44 and west of Reservoir Road.

 

63.          No. 14AN003 - A request by Dale and Deanne Schuelke for a Petition for De-Annexation for property generally located south of SD Highway 44 and west of Reservoir Road.

 

Continued Consent Items (NONE)

 

Bid Award Consent Items

64.          No. CC091514-02.4 – Approve award of Total Bid for Water and Sewer Main Extension - Plum Tree Lane, Project No. 14-2151 / CIP No. 50961.1 as negotiated on September 26, 2014, in the amount of $155,657.65 to, Mainline Contracting, Inc.

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 65 - 67

 

Open Public Comment – Items 65 - 67

                        Close Public Comment

 

Ordinances

65.          No. 14RZ009 – First Reading, Ordinance 6012, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by the City of Rapid City from Medium Density Residential District to Public District for property generally described as being located south of Anamosa Street between Wilsie Avenue and Blaine Avenue.

 

66.          No. LF100114-20 – First Reading, Ordinance No. 6015, An Ordinance to Consolidate Provisions Related to the Municipal Gross Receipts Tax, Codify the Use of Revenue, and Appoint A Promotion Agency by Repealing Sections 3.16.040 and 3.16.060E and Adding Chapter 3.18 to the Rapid City Municipal Code.

 

Community Planning & Development Services Department Items (NONE)

 

Legal & Finance Committee Items

67.          No. 14RS018 – Approve Appeal by Constance Istratescu of Historic Preservation Commission's Recommended Denial of Siding Permit at 821 Saint James.

 

Public Works Committee Items (NONE)

 

Compass Committee Items (NONE)

 

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 68 - 72

 

Open Public Hearing - Items 68 - 72 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing - Items 68 - 72

 

CONSENT PUBLIC HEARING ITEMS – Item 68

 

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

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

68.          Rapid City Downtown Association for a SPECIAL EVENT Wine License for a Special Event scheduled for October 16, 2014 at Tuscany Square, 333 Omaha Street (Black Hills Interiors, Kitchen Tune Up, The Mane Boutique, Sibelle Salon & Spa, Yuppy Puppy and Children's Trading Post)

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 69 - 72

69.          No. LF100114-16 – Resolution No. 2014-076B Levying Assessment for Cleanup of Miscellaneous Property

 

70.          No. 14OA007 – Second 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.

 

71.          No. 14RZ008 - Second 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.

 

72.          No. 14PD024 - Appeal of the Planning Commission's decision of a request by Renner and Associates, LLC for Robert W. Akers Sr. for a Major Amendment to the Planned Development to allow a Statue of Liberty structure for property generally described as being located at 620 East Mall Drive.

 

BILLS

73.          No. CC100614-01 – Bill List for October 6, 2014

 

ADJOURN