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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 20, 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 – 46

 

Open Public Comment – Items 1 – 36

                        Close Public Comment

 

CONSENT ITEMS – Items 1 - 36

 

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

 

Approve Minutes

1.            Approve Minutes for the October 6, 2014 Regular Council meeting.

 

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

 

Alcoholic Beverage License Applications Set for Hearing (November 3, 2014)

2.            Slainte LLC DBA Murphys Bar & Grill II, 510 9th Street for a Retail (on-sale) Liquor License TRANSFER from Two Lefties & Panchos Mexican Grille DBA Pancheros Mexican Grill, 1221 West Omaha (InActive)

3.            Fresh Start Convenience Stores Inc DBA Don's Valley Express, 3343 N Haines Ave for a Package (off-sale) Liquor License TRANSFER from Carol Enterprises Inc DBA Don's Valley Express #3, 3343 N Haines Avenue

4.            Fresh Start Convenience Stores Inc DBA Don's Valley Market, 747 Timmons Blvd for a Package (off-sale) Liquor License TRANSFER from Carol Enterprises Inc DBA Valley Liquor, 747 Timmons Blvd

5.            Fresh Start Convenience Stores Inc DBA Don's Valley Express, 4030 Cheyenne Blvd for a Package (off-sale) Malt Beverage License TRANSFER from Carol Enterprises Inc DBA Don's Valley Express, 4030 Cheyenne Blvd

 

Public Works Committee Consent Items

6.            No. PW101414-02 – Approve Change Order #2F to RCS Construction for ASA Softball – Parkview Addition, Project No. 12-2043 / CIP No. 50937, for an increase of $4,843.00 and 15 days to the contract time.

 

7.            No. PW101414-03 – Approve Change Order #1F to Hills Materials Co. for Pavement Rehabilitation Project – Kingswood & Ridgeview Areas, Project No. 14-2163 / CIP No. 50844, for an increase of $2,934.92.

 

8.            No. PW101414-04 – Approve Change Order #1F to Mainline Contracting for Pevans Parkway Sanitary Sewer Main Reconstruction, Project No. 14-2200 / CIP No. 51042, for a decrease of $4,156.48.

 

9.            No. PW101414-05 – Authorize Staff to Advertise for Bids for Maple Avenue and Disk Drive Intersection Reconstruction, Project No. 14-2169 / CIP No. 51024. Estimated Cost: $557,000.00.

 

10.          No. PW101414-06 – Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project – Ram Lane and Chief Drive, Project No. 14-2162 / CIP No. 50844. Estimated Cost: $150,000.00.

 

11.          No. PW101414-07 – Authorize Staff to Advertise for Bids for Residential Garbage and Recycling Totes. Estimated Cost: $75,000.00.

 

12.          No. PW101414-09 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company, Inc. for Baldwin Street Reconstruction Wentworth to Wedgewood Project 14-2189 and Baldwin Street Reconstruction Wedgewood to S. Berry Pine Project 14-2190, in the amount of $374,915.00.

 

13.          No. PW101414-10 – Authorize Mayor and Finance Officer to Sign Amendment No. 3 to Agreement between the City of Rapid City and FMG Inc., Dakota Drive Watermain Reconstruction, Project No. W10-1894 / CIP No. 50399, in the amount of $32,900.00.

 

14.          No. PW101414-11 – Authorize Mayor and Finance Officer to Sign Amendment between Advanced Engineering and Environmental Services, Inc. and the City of Rapid City for Pavement Rehabilitation Project – 1st & 2nd Streets.  Project No. 14-2204 / CIP No. 50844 in the amount of $4,314.00.

 

15.          No. PW101414-12 – Authorize Mayor and Finance Officer to Sign Amendment No. 3 to 2011 Storm Damage Recovery Project #12-2016 with Upper Deck Architects for an increase of $39,559.50.

 

16.          No. PW101414-13 – Approve Acceptance of Infrastructure for Saint Martin's Village, Good Samaritan, Phase 2 Water and Sewer – DEV12-1089.

 

17.          No. PW101414-14 – Renewal of Contract with G.J. Holsworth and Son Inc. for Snow Removal Operations for one year for City Lots 4, 5, 6-2, 7, 8 and 9.

 

18.          No. PW101414-15 – Approve Change Order No. 1 to Duininck, LLC, for Meadowbrook Golf Course Bunker Improvements Project, PR12-6101, for an increase of 20,582.25.

 

19.          No. 14PL058 – Kepp Heights Subdivision No. 3 - A request by City of Rapid City, Alex DeSmidt to consider an application for an H-Lot for Lot H1 of Kepp Heights Subdivision No. 3, located in Section 11, T1N, R7E, legally described as Lot 15 of Kepp Heights Subdivision No. 3, located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located Intersection of Skyline Drive and Flormann Street.

 

20.          No. PW101414-18 – Acknowledge Bikepath Assessment Report – Lon Van Deusen.

 

Legal & Finance Committee Consent Items

21.          No. LF101514-01 – Confirm the Appointment of Merton B. Tice, Jr. for a Three Year Term to the Rapid City Human Relations Commission

 

22.          No. LF101514-02 – Approve the Formation of Civic Center Executive Task Force

 

23.          No. LF100114-11 – Authorize Mayor and Finance Officer to Sign Memorandum of Understanding Between the City of Rapid City and the Pennington County Sheriff's Office Regarding Detoxification Services

 

24.          No. LF101514-03 – Request from Police Department to increase FTE count by one (1) additional police officer in 2015 utilizing previously approved funding for 2015 COPS Hiring Grant

 

25.          No. LF101514-04 – Resolution No. 2014-097 Declaring Certain Real Property Generally Located Along South Highway 16 and Promise Road Surplus for Purposes of Disposing of Such Property

 

26.          No. LF101514-06 – Resolution No. 2014-094A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

 

27.          No. LF101514-08 – Acknowledge August 2014 Sales Tax Report

 

28.          No. LF101514-09 – Resolution No. 2014-096 Updating Petty Cash Funds, Change Funds and Travel Funds

 

29.          No. LF101514-10 – Approve Change Order Tyler Technology Contract Increase $15,500 for Conversion of Employee Personnel Files from the City's File Director Legacy System into the Tyler Munis HR System

 

30.          No. LF101514-11 – Approve Change Order Tyler Technology Contract Increase $1,000 for 2015 Payroll Tax Table Updates

 

31.          No. LF101514-12 – Resolution No. 2014-098 Authorizing the Execution and Delivery of a Master Governmental Lease-Purchase Agreement and Supplement No. 370946-404 Thereto with Respect to the Acquisition, Purchase, Financing and Leasing of Certain Equipment for the Public Benefit; Authorizing the Execution and Delivery of Documents Required in Connection therewith; and Authorizing the Taking of All Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution

 

32.          No. LF101514-13 – Resolution No. 2014-089 to Approve Adding .50 Full Time Equivalent (FTE) to Mayor's Office Headcount per Approved 2015 Budget

 

33.          No. 14TP034 – Authorize Mayor and Finance Officer to Sign the 2015 Draft Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items – Continue the following items until November 17, 2014:

34.          Main Street Square for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for May 28, 2015, June 4, 2015, June 11, 2015, June 18, 2015, June 25, 2015, July 2, 2015, July 9, 2015, July 16, 2015, July 23, 2015, July 30, 2015, August 6, 2015, August 13, 2015, August 20, 2015 and August 27, 2015 (14 individual events) on 526 Main Street between 5th Street and 7th Street and Main Street and Apolda Street (location map)

 

Bid Award Consent Items

35.              No. CC102014-02.1 - Approve award of Total Base Bid for Operated Equipment Rental for Street Snow Removal Operations opened on October 14, 2014 to the following contractors on an on-call basis: Beka Construction, Hills Materials Company, J&J Asphalt, Site Work Specialists, Mainline Contracting and Straight Forward Services.

 

36.          No. CC102014-02.2 - Approve award of Total Base Bid for Ice Sanding Material opened on October 14, 2014 to the lowest responsible bidder, Pete Lien & Sons Inc., in the amount of $110,000.00.

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 37 - 46

 

Open Public Comment – Items 37 - 46

                        Close Public Comment

 

Ordinances

37.          No. LF100114-20 – Second 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.

 

38.          No. LF101514-16 – First Reading, Ordinance No. 6014, Supplemental Appropriation No. 3 for 2014.

 

39.          No. LF101514-17 – First Reading, Ordinance No. 6018, An Ordinance to Consolidate the City's Vision and Capital Improvement Funds into Separate Accounts Within a Unified Fund by Amending Chapter 3.16 of the Rapid City Municipal Code

 

Community Planning & Development Services Department Items

40.          No. 14PL054 - A request by Renner and Associates, LLC for ETC Venture LLC for a Preliminary Subdivision Plan for proposed Lot A Revised, Lots 15 thru 25 of Block 3, Lots 21 thru 40 of Block 4, Lot 2 of Block 8 and Lots 5 thru 17 of Block 14 of Copperfield Vistas Subdivision, legally described as a portion of the SE1/4 of the NW1/4, located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Summerfield Drive.

Committee Action: Approve with Stipulations, unanimous

 

41.          No. 14PL055 - A request by Sperlich Consulting for Jay and Mandi Schmierer for a Preliminary Subdivision Plan for proposed Lot 4A and Lot 4B of Block 2 of Vista Hills No. 2, legally described as Lot 4 of Block 2 of Vista Hills No. 2, located in Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4967 Skyview Drive.

Committee Action:  Approve with Stipulations, unanimous

 

Legal & Finance Committee Items

42.          Request staff to obtain financials for Rocker Square 1 and Rocker Square 2 and copies of the purchase contracts for Rocker Square 2 regarding possible TIF for apartments on St. Joseph Street

Committee Action: Carried (4-1)

 

43.          No. 14RS004 – Appeal of the Historic Preservation Commission's Stipulation to Preserve Scalloped Trim at 1725 9th Street

Committee Action: Refer to Council without recommendation, unanimous

 

44.          No. LF101514-05 – Resolution No. 2014-093 Declaring Certain Real Property Generally Located West of West Boulevard North, South of Custer Street and North of Van Buren Street Surplus for Purposes of Disposing of Such Property

Recommendation change:  Staff requests that the item be tabled at this time.

 

Public Works Committee Items

45.          No. PW101414-08 – Authorize Mayor and Finance Officer to Sign Addendum to Agreement Between the City of Rapid City and Destination Rapid City for Construction and Development of Memorial Park Promenade and Approve Updated West Memorial Park Implementation Plan. 

Committee Action: Refer to Council without recommendation, unanimous

 

46.          No. PW101414-16 – Discussion on Sidewalk for Parcel ID: 3713329016 on Middle Valley Drive – Alderwoman Doyle.

Committee Action: Refer to Council without recommendation, unanimous

 

Compass Committee Items

 

CIP Committee Items

 

Other Board, Commission & Committee Items

 

Bids (NONE)

 

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 47 - 55

 

Open Public Hearing - Items 47 - 55 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing - Items 47 - 55

 

CONSENT PUBLIC HEARING ITEMS – Item 47 - 54

 

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

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

47.          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)

48.          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

49.          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

50.          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

51.          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

52.          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

53.          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

 

Assessment Rolls

54.          No. LF101514-07 – Resolution No. 2014-078B Levying Assessment for Cleanup of Miscellaneous Property

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Item 55

55.          No. 14RZ009 – Second 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.

 

BILLS

56.          No. CC102014-01 – Bill List for October 20, 2014

 

ADJOURN