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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, April 6, 2015

 

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.            Holocaust Proclamation “National Days of Remembrance”

2.            Holocaust Video – Why we remember the Holocaust

 

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 4 – 82

 

Open Public Comment – Items 4 – 67

                        Close Public Comment

 

CONSENT ITEMS – Items 4 – 67

 

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

 

Approve Minutes

3.            Approve Minutes for the March 16, 2015 Regular Council meeting.

 

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

 

Resolution of Necessity Set for Hearing (May 4, 2015)

4.            No. PW033115-31 – Approve Proposed Resolution of Necessity Setting Time and Place of Hearing on May 4, 2015, at 6:30 p.m., for Resolution No. 2015-033 a Resolution of Necessity for Countryside Water System Conversion Project, Project No. 15-2257 / CIP No. 51086.

 

Alcoholic Beverage License Applications Set for Hearing (April 20, 2015)

5.            Rapid City Library Foundation for a SPECIAL EVENT Wine License for Events Scheduled for May 15, 2015, June 15, 2015, July 15, 2015, August 15, 2015, September 15, 2015, October 15, 2015, November 15, 2015 and December 15, 2015 at the Rapid City Public Library-Downtown, 610 Quincy Street

6.            Rapid City Summer Nights Inc. for a SPECIAL EVENT Wine and Malt Beverage License for Outdoor Events 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 on 7th Street and St. Joseph Street

7.            MG Oil Company dba Corner Pantry #18-LaCrosse St, 2130 LaCrosse St for a Package (Off Sale) Malt Beverage License

8.            Dakota Wingmen LLC dba Native New Yorker Grill & Wings, 1756 Eglin Street, for a Retail (on-sale) Liquor License TRANSFER from Kellys Sports Lounge Inc dba Kellys Sports II, 825 Jackson Blvd

 

Public Works Committee Consent Items

9.            No. PW033115-01 – Confirm the Reappointments of Dennis Popp, Erik Braun, John Brewer, Linda Marchand, Andrew Scull, Jonathan Pinkard, Steve Rollinger, Jan Swank, Kay Rippentrop, Karen Bulman and the New Appointment of Galen Hoogestraat to the Planning Commission.

 

10.          No. PW033115-02 – Confirm the Appointments of Kevin Crosby, Don Martinez, and Kelly Moore to the Standing Committee on Sustainability. 

 

11.          No. PW033115-03 – Confirm the Reappointment of Jessica Stori to the Humane Society Board of Directors.

 

12.          No. PW033115-04 – Authorize Staff to Advertise for Bids for Utility Cut Portland Concrete Replacement. Estimated cost: $100,000.00.

 

13.          No. PW033115-05 – Authorize Staff to Advertise for Bids for St. Andrew and St. Charles Sanitary Sewer and Water Extension, Project No. 14-2168 / CIP No. 50959. Estimated Cost: $2,715,000.00.

 

14.          No. PW033115-06 – Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project – Capital Street & Pierre Street, Project No. 15-2239 / CIP No. 50549. Estimated Cost: $260,000.00.

 

15.          No. PW033115-07 – Authorize Staff to Advertise for Bids for 2015 Lane Line Painting, Project No. 15-2259 / CIP No. 50594. Estimated Cost: $100,000.00.

 

16.          No. PW033115-08 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement between the City of Rapid City and Sperlich Consulting Inc. for Professional Services for East Signal Drive Reconstruction Project, Project No. 12-2052 / CIP No. 50949, in the amount of $9,950.00.

 

17.          No. PW033115-09 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement between the City of Rapid City and Dream Design International Inc. for Professional Services for Jolly Lane to Reservoir Road Trunk Sewer Extension, Project No. 14-2121 / CIP No. 51005, in the amount of $34,752.00.

 

18.          No. PW033115-10 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Banner Associates Inc. for Design Professional Services for East Rapid City Water Expansion, Project No. 13-2107 / CIP No. 50964, in the amount of $533,960.00.

 

19.          No. PW033115-11 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Banner Associates Inc. for Construction Professional Services for East Rapid City Water Expansion, Project No. 13-2107 / CIP No. 50964, in the amount of $298,986.00.

 

20.          No. PW033115-12 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company for Professional Services for Cathodic Protection Technical Services, Project No. 15-2258 / CIP No. 51087, in the amount of $21,500.00.

 

21.          No. PW033115-13 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering Inc. for Professional Services for the Water Reclamation Facility Plan, Project No. 14-2214 / CIP No. 50943, in the amount of $392,716.00.

 

22.          No. PW033115-14 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Inc. for Design and Bidding Professional Services for Fulton Street Reconstruction Phase 1 Project 15-2223 / CIP No. 50872.1 and Fulton Street Reconstruction Phase 2, Project No. 15-2224 / CIP No. 50872.2, in the amount of $136,210.00.

 

23.          No. PW033115-15 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Advanced Engineering and Environmental Services. Inc. for Design and Bidding Professional Services for Countryside Subdivision Water System Conversion Project, Project No. 15-2257 / CIP No. 51086, in the amount of $109,501.00.

 

24.          No. PW033115-16 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Geiger Architecture for Professional Services for Rapid Transit Addition, Project No. 15-2248 / CIP No. 51084, in the amount of $98,950.00.

 

25.          No. PW033115-17 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG, Inc for Construction Administration Professional Services for Ellsworth Air Force Base Water Meter Facility Relocation, Project No. W11-1936 / CIP No. 50830 in the amount of $42,200.00.

 

26.          No. PW033115-18 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Engineering for Professional Engineering Services for South Truck Route Drainage Basin Design Plan – Element 203, Project Number 14-2207 / CIP 51031, in the amount of $116,350.00.

 

27.          No. PW033115-19 – Authorize Mayor and Finance Officer to Sign Resolution No. 2015-029 - 2015 Bridge Reinspection Program Resolution.

 

28.          No. PW033115-20 – Authorize Mayor and Finance Officer to Sign Resolution No. 2015-030 Construction Fee Resolution for PLM Subdivision Phase 2A Water Oversize Project No. DEV06-817.  (Generally located north of Enchanted Pines Drive)

 

29.          No. PW033115-21 – Authorize Mayor and Finance Officer to Sign Resolution No. 2015-031 Construction Fee Resolution for PLM Subdivision Phase 1B Water Oversize Project No. DEV05-778.  (Generally located north of Enchanted Pines Drive)

 

30.          No. PW033115-22 – 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 2015 Water Resources Investigation to include the operation and maintenance of selected gaging stations and for various hydrologic investigations. 

 

31.          No. PW033115-23 – Authorize Mayor and Finance Officer to Sign Temporary Easement Agreement, Quit Claim Deed, and Right of Way Agreement between the State of South Dakota and City of Rapid city for the I-190 / Silver Street Interchange Project, Project No. 12-2053 / CIP No. 50940.

 

32.          No. PW033115-24 – Authorize Mayor and Finance Officer to Sign Consent to Cross a U.S. Government Easement for use by the City of Rapid City to Cross a Waterline Easement, Number USAF-ACC-FXBM-15-2-0228, for Construction of the Country Road and 143rd Avenue Water Main Extension Project, Project No. 14-2174 / CIP No. 50920.

 

33.          No. PW033115-25 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Black Hills Power Inc. for the Horace Mann Pool project.

 

34.          No. PW033115-26 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Black Hills Power Inc. for the Jackson Boulevard Utilities Reconstruction project.

 

35.          No. PW033115-27 – Authorize Mayor and Finance Officer to Sign Resolution No. 2015-035 A Resolution to Declare an Emergency and Authorize Replacement of Certain Fixtures and Equipment for Well 13.  

 

36.          No. PW033115-28 – Request Authorization to Seek Proposals for Professional Services for E. Idaho Street, E. Nevada Street, Ivy Avenue Street and Utility Reconstruction and Meade/Hawthorne Drainage Element 221 Improvements Project No. 15-2253 / CIP No. 50421.3-1A and Willow Avenue, Ivy Avenue, Fairlane Drive Project No. 15-2254 / CIP No. 50421.3-1B.  Estimated Project Cost:  $5,300.000.00.

 

37.          No. PW033115-29 – Request Authorization to Seek Proposals for Consultant Services for Space Study Analysis for City Administration Facilities, Project No. 15-2237 / CIP No. 51080.  Estimated Cost:  $75,000.00.

 

38.          No. PW033115-30 – Approve with the Requirement to Sign a Waiver of Right to Protest a Request from Boomshockalock, LLC for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 Along Dyess Avenue for the NW1/4 of the SW1/4 and the N 926' of SW1/4 of the SW1/4, Section 21, T2N, R8E, Rapid City.

 

39.          No. PW033115-36 – Authorize Staff to Purchase Two (2) 2015 ½ Ton 4-Wheel Drive Extended Cab Pick Ups from Billion Auto for $51,012.00 Using State Bid Contract (this purchasing authority will replace the one approved by City Council on December 15, 2014).

 

40.          No. PW033115-37 – Authorize Staff to Purchase Two (2) 2015 ½ Ton 4-Wheel Drive Extended Cab Pick Up from Billion Auto for $51,012.00 Using State Bid Contract.

 

41.          No. PW033115-32 – Authorize Staff to Purchase Golf Course Equipment from Midwest Turf and Irrigation, in the total amount of $255,774.22.

 

42.          No. PW021015-16 – Request the Mayor to authorize staff to develop a written policy regarding the replacement or reimbursement of damaged sprinkler systems within the public right of way similar to the public policy of Sioux Falls, South Dakota, and return to the May 12, 2105, Public Works Committee meeting.

 

43.          No. PW033115-33 – Acknowledge Report on request from skate board enthusiasts to install lighting at the New York Street Skate Park. 

 

44.          No. PW033115-34 – Acknowledge Report on Mountain Pine Beetle Program Update. 

 

45.          No. PW033115-35 – Acknowledge Report on Update on the Survivable Space Initiative

 

Legal & Finance Committee Consent Items

46.          No. LF040115-01 - Confirm Appointments of Kati Seymour and Catherine Greseth to the Mayor's Committee for People with Disabilities

 

47.          No. LF040115-02 – Acknowledge Capital Improvement Program Committee Monthly Update for March 2015

 

48.          No. LF040115-03 - Authorize Mayor and Finance Officer to Sign Joint Powers Agreement between the Department of Public Safety, Division of State Radio Communications and Pennington County and the City of Rapid City

 

49.          No. LF040115-05 – Acknowledge February 2015 General Fund Cash Balance Report

 

50.          Acknowledge the Following Volunteers for Worker's Compensation Purposes:  Sharon Berg, Diana Boyle, Taylor Jacot, Randall Rogers

 

51.          No. LF040115-07 – Resolution No. 2015-028 Declaring Miscellaneous Personal Property Surplus

 

52.          No. LF040115-08 – Approve Resolution No. 2015-032 Authorizing and Directing the Issuance and Sale of Water Revenue Refunding Bonds, Series 2015, Defining the Terms and Manner of Payment of the Bonds and the Security Therefor.

 

53.          No. LF040115-09 – Approve Request for Property Tax Abatement as Follows:  James or Inez Kramer, 2015, $60.18; Peggy Coyne, 2014, $1,493.06; Karen Nottingham, 2015, $17.48; Patricia or Jerry Burton, 2014, $81.04; Lois Warren, 2014, $574.68; Walter Covey, 2014, $556.90; William Curran, 2014, $1,455.34

 

54.          No. LF040115-10 – Resolution No. 2015-025 to Amend the City of Rapid City Compensation Plan by Establishing the New Position of Water Treatment Maintenance Technician Within Public Works

 

55.          No. LF040115-11 – Resolution No. 2015-027 to Amend the City of Rapid City Compensation Plan by Adding an Additional Utility Service Person Within Public Works

 

56.          No. LF040115-12 – Final Approval of the Community Development Block Grant (CDBG) FY2015 Annual Action Plan with Investment Committee Recommended Changes

 

57.          No. LF040115-13 – Authorize Mayor and Finance Officer to Sign the Federal Assistance SF-424 and CDBG Certifications.

 

58.          No. LF040115-14 – Approve Reallocation of $70,000 in Community Development Block Grant (CDBG) Unspent FY2012 and Fy2014 Entitlement Funds to the Neighborhood Restoration Loan Program  

 

59.          No. LF040115-15 – Authorize Mayor and Finance Officer to Sign Local Government Certification by the Chief Executive Officer Supporting Cornerstone Rescue Mission's Request for Emergency Solutions Grant Funds for the Operation of the Cornerstone Rescue Mission

 

60.          No. 14RD002 – Section 1, T1N, R7E, A Request by City of Rapid City to Consider an Application for a Road Name Change to Change Rapid Street to Nikko Street for Property Generally Described as Being Rapid Street between 3rd Street and 5th Street 

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items (NONE)

 

Bid Award Consent Items

61.          No. CC031615-02.1 – Approve award of Negotiated Amount for Ellsworth Air Force Base Water Meter Facility Relocation, Project No. W11-1936 / CIP No. 50830 opened on March 10, 2015, to the lowest responsible bidder, Mainline Contracting, Inc., in the amount of $505,887.85.

 

62.          No. CC031615-02.4 – Approve award of Total Bid for E. Signal Drive and Crescent Drive Street and Utility Reconstruction Project., Project No. 12-2052 / CIP No. 50949 opened on March 10, 2015, to the lowest responsible bidder, R.C.S. Construction, Inc., in the amount of $2,681,531.42

 

63.          No. CC040615-02.1 – Approve award of total bid for Two (2) New Current Model Year Single Axle Sanders with Plow, opened March 31, 2015, to the lowest responsible bidder, Eddies Truck Center, in the amount of $257,824.00.

 

64.          No. CC040615-02.2 – Approve award of total bid for One (1) Current Model Year Regenerative Air Street Sweeper, opened March 31, 2015, to the lowest responsible bidder, Titan Machinery, in the amount of $203,050.00.

 

65.          No. CC040615-02.3 – Approve award of total bid for One (1) Current Model Year Tandem Dump Truck, opened March 31, 2015, to the lowest responsible bidder, Eddies Truck Center, in the amount of $124,860.00.

 

66.          No. CC040615-02.4 – Approve award of Total Bid for Nordby Lane Reconstruction, Project No. 14-2175 / CIP No. 50803 opened on March 31, 2015, to the lowest responsible bidder, Mainline Contracting, Inc., in the amount of $1,547,608.65

 

67.          No. CC040615-02.5 – Approve award of Total Bid for Longview Road Water Transmission Main Extension – Project Three, Project No. 12-2013 / CIP No. 50900 opened on March 31, 2015, to the lowest responsible bidder, Mainline Contracting, Inc., in the amount of $1,857,477.25

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 68 - 82

 

Open Public Comment – Items 68 - 82

            Close Public Comment

 

Ordinances

68.          No. 15OA002 – Second Reading, Ordinance No. 6036, An Ordinance to Amend Provisions Concerning Appointments to the Rapid City Planning Commission by Amending Sections 2.60.020, 2.60.030 and 2.60.100 of the Rapid City Municipal Code.

Recommendation: Approve

 

69.          No. 15OA003 – Second Reading, Ordinance No. 6031, An Ordinance to Authorize the Planning Commission to Act as the Zoning Board of Adjustment by Amending Section 17.54.010 of the Rapid City Municipal Code.

Recommendation: Approve

 

70.          No. 15OA004 – Second Reading, Ordinance No. 6037, An Ordinance to Change the Name of Rapid Street between Third and Fifth Street to Nikko Street and between Sixth Street and Mount Rushmore Road to Apolda Street by Amending Sections 10.48.010, 12.08.050 and 17.36.010 of the Rapid City Municipal Code. 

Recommendation: Approve

 

71.          No. LF040115-16 – First Reading, Ordinance No. 6009, An Ordinance to Adopt the 2012 International Residential Code by Amending Chapter 15.13 of the Rapid City Municipal Code

Recommendation: Without Recommendation

 

72.          No. LF040115-17 – First Reading, Ordinance No. 6040, An Ordinance to Fix an Error in Section 15.14.150 of the Rapid City Municipal Code Concerning the International Property Maintenance Code.

Recommendation: Approve

 

73.          No. LF040115-18 – First Reading, Ordinance No. 6041, An Ordinance Repealing the International Existing Building Code by Deleting Chapter 15.15 of the Rapid City Municipal Code.

Recommendation: Approve

 

74.          No. LF040115-19 – First Reading, Ordinance No. 6042, An Ordinance Amending the Climatic Table in the International Building Code by Amending Section 15.12.580 of the Rapid City Municipal Code.

Recommendation: Approve

 

75.          No. LF040115-20 – First Reading, Ordinance No. 6045, An Ordinance To Increase the Amount of Time Allowed in On-Street Parking Areas in Downtown and Repeal the Graduated Penalty for Timed Parking Violations by Amending Sections 10.44.010, 10.44.070, and 10.40.205 of the Rapid City Municipal Code.

Recommendation: Approve

 

Community Planning & Development Services Department Items (NONE)

 

Legal & Finance Committee Items

76.          No. LF121014-07 – Update on Alliance of Tribal Tourism Advocates (ATTA) Pow Wow Ground Project Funding (Referred from the January 5, 2015 Council meeting)

 

77.          No. LF040115-04 – Authorizer the Mayor and Finance Officer to Sign Memorandum of Understanding between the City of Rapid City and the Rapid City Area School District for Entry onto Property for Wildfire Mitigation and Fuel Elimination

Recommendation: Without Recommendation

 

78.          No. LF040115-06 – Resolution No. 2015-022A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

Recommendation: Without Recommendation

 

79.          No. CC031615-04.2 – Discussion on Proposed Rates and Hours for Parking Ordinance.

Recommendation: Without Recommendation; Committee unanimously approved First Reading of Ordinance No. 6045 (Item 75 on this agenda)

 

Public Works Committee Items

80.          No. PW093014-29 – Return Fairmont Recycle Site for South Rapid City – Alderman Ron Weifenbach

Recommendation: Without Recommendation

 

Compass Committee Items

 

CIP Committee Items

 

Other Board, Commission & Committee Items

 

Bids

 

Alcoholic Beverage License Applications

            Reissuance

            Special Event

 

Mayor's Items

81.          No. CC040615-04.1 – Report on Black Hills Stock Show, Black Hills BBQ Festival and Upcoming Events Calendar – Ron Jeffries

 

82.          No. CC031615-04.3 – Rushmore Plaza Civic Center After-Action Review (AAR) Update (Referred from the March 16, 2015 Council meeting)

 

Council Items & Liaison Reports

 

Staff Items

 

Appeals

Planning Commission Appeals

License Appeals

Other Appeals Heard by the Council

 

PUBLIC HEARING ITEMS – Items 83 - 88

 

Open Public Hearing - Items 83 - 88 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing - Items 83 - 88

 

CONSENT PUBLIC HEARING ITEMS – Item 83 - 86

 

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

 

Community Planning & Development Services Department Items (NONE)

 

Alcohol Licenses

83.          Canvas to Paint Inc dba Canvas 2 Paint, 632 St Joseph St for a Retail (on-off sale) Wine License TRANSFER from Canvas to Paint Inc dba Canvas 2 Paint, 632 St Joseph St

84.          Canvas to Paint Inc dba Canvas 2 Paint, 632 St Joseph St for a Retail (on-off sale) Malt Beverage License TRANSFER from Canvas to Paint Inc dba Canvas 2 Paint, 632 St Joseph St

85.          CCKT Inc dba Queen of Hearts Casino II, 316 East Boulevard, Suite 110 for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from CCKT Inc dba Queen of Hearts Casino II, 316 East Boulevard, Suite 100

86.          Fresh Start Convenience Stores, Inc dba Fresh Start-Rapid Valley #21, 3888 East Highway 44 for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Metanoia LLC dba Fresh Start-Rapid Valley #21, 3887 East Highway 44

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 87 - 88

87.          No. 15VR001 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for Koser Enterprises LLC for a Vacation of Section Line Highway for property generally described as being located in the northwest corner of the intersection of Deadwood Avenue and Lien Street.

Recommendation:  Approve

 

88.          No. 15RZ004 - Second Reading, Ordinance 6039, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by Jake Boerger for a Rezoning from General Agricultural District to Light Industrial District for property located 2319 N. Plaza Drive.

Recommendation:  Approve

 

BILLS

89.          No. CC040615-01 – Bill List for April 6, 2015

 

ADJOURN