AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, October 5, 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. Citizen of the Month: Harold Benson, Ward 4
2. Sustainability Award Presentation Game Fish & Parks' Outdoor Campus West
3. World Habitat Day Proclamation
EXECUTIVE SESSION to consult with legal counsel regarding decision in Lamar v. Rapid City
STAFF DIRECTION
GENERAL PUBLIC COMMENT (3-minute time limit per speaker)
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 48
Open Public Comment Items 4 41 (3-minute time limit per speaker)
Close Public Comment
CONSENT ITEMS Items 4 41
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the September 21, 2015 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (October 19, 2015)
5. Backroom Productions, Inc for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for October 24, 2015 at Barefoot Dance Studio, 412 5th Street
Public Works Committee Consent Items
6. No. PW092915-01 Confirm the Reappointments of Clancy Kingsbury and Jim Jackson to the Historic Sign Review Committee.
7. No. PW092915-02 Approve Change Order No. 1F to J&J Asphalt Co. for Pavement Rehabilitation Project Minnetonka Drive & Queen Heights Court, Project No. 14-2217 / CIP No. 50844, for an increase of $2,445.05.
8. No. PW092915-03 Approve Change Order No. 3 to RCS Construction for the ASA Softball - Parkview Addition, Project No. 12-2043, for an increase of $5,921.00.
9. No. PW092915-04 Approve Change Order No. 1F to Hills Materials Company for Pavement Rehabilitation Project Big Sky Area Chip Seal, Project No. 15-2269 / CIP No. 50844, for an increase of $1,106.00.
10. No. PW092915-05 Authorize Staff to Advertise for Bids for Rapid Transit Bus Storage Addition, Project No. 15-2248 / CIP No. 51084. Estimated Cost: $1,000,000.00.
11. No. PW092915-06 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and TSP Inc for Chapel Lane Bridge Railing Repair Project, Project No. 15-2288 / CIP No. 50752, in the amount of $14,040.00.
12. No. PW092915-07 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company, Inc. for Seger Drive Reconstruction 143rd Ave. to LaCrosse St. Project 15-2268, in the amount of $294,320.00.
13. No. PW092915-08 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Black Hills Power for the relocation of overhead power lines along Mount Rushmore Road, Project No. 13-2139 / CIP No. 50950, for an amount not to exceed $1,000,000.00.
14. No. PW092915-09 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and SSST, LLC for Elks Crossing Phase 4 12 Water Main Oversize Cost Reimbursement, not to exceed $29,425.00.
15. No. PW092915-10 Authorize Mayor and Finance Officer to Sign Memorandum of Agreement between the City of Rapid City and Ellsworth AFB for Water Service.
16. No. PW092915-11 Approve with the Requirement to Sign a Waiver of Right to Protest a Request from ICON Holdings for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 Along Highway 16 for Part of the SW1/4 of Section 23, T1N, R7E, Rapid City.
17. No. PW092915-12 Authorize Mayor and Finance Officer to sign Memorandum of Agreement between the City of Rapid City and Nehemiah Larimer Memorial, Inc. for a public Slackline Area to be located on public property in Sioux Park.
18. No. PW092915-13 Acknowledge Report - Request for Update on the Civic Center
19. No. PW092915-14 Acknowledge Report - Discussion on Allocation of Vision Funds on Needed Infrastructure Improvements
20. No. PW092915-15 Acknowledge Report - Update on Seger Drive Reconstruction Project
Legal & Finance Committee Consent Items
21. No. LF093015-01 Confirm Reappointments of Terry Nelson, Diane Alberts, Jerry Schmidt, and Larry Blote and New Appointment of Erik Braun to the Downtown Business Improvement District (BID) Board
22. No. LF093015-02 Confirm the Reappointment of Malcom Chapman to the Community Investment Committee
23. No. LF093015-03 Confirm Reappointments of David Hillard and Jim Lampy to the Opportunity Capture Fund
24. No. LF093015-04 Authorize Mayor and Finance Officer to Sign Joint Powers Agreement between the State of South Dakota, Office of Attorney General Division of Criminal Investigation, the Pennington County Sheriff's Office and the City of Rapid City
25. No. LF093015-05 Ratify the Rapid City Police Department's Acceptance of the 2015/2016 Highway Safety Grant
26. No. LF093015-06 Authorize Staff to Purchase 21 Flashback 3 HD Digital Video Systems from L3 Mobile-Vision Inc.
27. No. LF093015-07 Accept Funds from a FEMA Grant to Sprinkler Protect 50 of the Governor's Homes
28. No. LF093015-08 Approve Request for Property Tax Abatement as Follows: Youth & Family Services, Inc., 2014, $1,744.16
29. No. LF093015-09 Acknowledge August 2015 General Fund Cash Balance Report
30. No. LF093015-10 Acknowledge July 2015 Sales Tax Report
31. No. LF093015-11 Resolution No. 2015-097A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
32. No. LF093015-13 Resolution No. 2015-098 Declaring Miscellaneous Personal Property Surplus
33. No. LF093015-14 Resolution No. 2015-088 to Amend the City of Rapid City Non-Union Compensation Plan by Establishing the New Position of Assistant Energy Plant Manager at the Civic Center
CIP Committee Consent Items
34. No. CIP091815 - Acknowledge Capital Improvement Program Committee Monthly Update for September 2015
35. No. CIP091815-02 - Approve Capital Plan for Street, Drainage and MIP Projects for September 2015
36. No. CIP091815-03 - Approve Capital Plans for Government Facilities for September 2015
37. No. CIP091815-04 - Approve Capital Plan for Parks & Recreation for September 2015
38. No. CIP091815-05 - Approve Capital Plan for Information Technology for September 2015
39. No. CIP091815-06 - Approve Request for $50,000 annual increase in CIP-Fire Vehicles Line Item for large vehicle purchase to be paid from undesignated cash beginning in 2016.
Compass Committee Consent Items
Community Planning & Development Services Department Consent Items (NONE)
Bid Award Consent Items
40. No. CC100515-02.1 Approve award Alternate 1, Total Bid for the Skyline Wilderness Area Wildfire Mitigation Project, Project No. CC100515-02.1 opened on September 29, 2015, to the lowest responsible bidder, Bighorn Tree Services, LLC in the amount of $62,997.04
41. No. CC100515-02.2 Accept proposal submitted by A Plus Janitorial for 2016-2018 Park Facilities Custodial Services in the annual amount of $53,000 and authorize the Mayor and Finance Officer to sign the appropriate contract documents.
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 42 - 48
Open Public Comment Items 42 - 48 (3-minute time limit per speaker)
Close Public Comment
Ordinances
42. No. LF091615-07 Second Reading, Ordinance No. 6078, An Ordinance Increasing the Mayor's Term of Office by Amending Section 2.12.020 of the Rapid City Municipal Code.
Recommendation: Approve (3-1 vote)
43. No. LF091615-08 Second Reading, Ordinance No. 6079, An Ordinance to Establish the Qualifications and Term of Office for Alderman by Adding Section 2.08.005 to the Rapid City Municipal Code
Recommendation: Approve (3-1 vote)
44. No. LF093015-15 First Reading, Ordinance No. 6066, An Ordinance to Amend Provisions for City Payment of Debt Acquired by Rural Fire Protection Districts Prior to Annexation by Amending Chapter 3.20 of the Rapid City Municipal Code.
Recommendation: Approve
45. No. 15RZ018 - First Reading, Ordinance 6076, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Fisk Land Surveying and Consulting Engineers, Inc for PLM Development LLC, Pat Tlustos for a Rezoning from Public District to Low Density Residential I District for property generally described as being located southwest of the intersection of Minnesota Street and 5th Street.
Recommendation: Approve
46. No. 15RZ019 - First Reading, Ordinance 6080, 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 property generally described as being located southeast quadrant of Catron Boulevard and 5th Street.
Recommendation: Approve with Stipulations
Public Works Committee Items
Legal & Finance Committee Items
CIP Committee Items
Compass Committee Items
Community Planning & Development Services Department Items
47. No. 15PL077 - A request by Sperlich Consulting, Inc. for ZCO Incorporated for a Preliminary Subdivision Plan for Lots 24 thru 38 of Block 10, Lot 21 of Block 11, Lot 1 of Block 14, Lot 1 and Lots 6 thru 9 of Block 15; Lots 1 thru 11 of Block 16 of Elks Country Estates, generally described as being located south of the intersection of Padre Drive and Jolly Lane.
Recommendation: Approve with Stipulations
Other Board, Commission & Committee Items
Bid Awards
Alcoholic Beverage License Applications
Mayor's Items
Council Items & Liaison Reports
Staff Items
Appeals - License Appeals
48. No. CC100515-04.1 - Chauncey LaPointe Appeal Denial of Individual Security Guard License
PUBLIC HEARING ITEMS Items 49 - 53
Open Public Hearing (comment) - Items 49 - 53 (3-minute time limit per speaker)
[Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 49 - 50
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until October 19, 2015:
49. Shopko Stores Operating Co. LLC dba Shopko #78, 1845 Haines Avenue for a Package (off sale) Malt Beverage License
50. No. 15VR011 - A request by Dream Design International, Inc. for a Vacation of a Section Line Highway for property generally described as being located southwest of East Minnesota Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) - Items 49 - 53
CONSENT PUBLIC HEARING ITEMS Item 51 - 53
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
Alcohol Licenses
51. Wyngard Pot-O-Gold Casino, Inc. dba Pot-O-Gold Casino II, 530 Cambell Street, Suite 1A for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from D&S Time Square Inc dba Breakroom Casino, 355 11th Street
52. D&S Time Square Inc dba Breakroom Billiards, 355 11th Street for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
53. No. LF093015-12 Resolution No. 2015-086B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (NONE)
BILLS
54. No. CC100515-01 Bill List for October 5, 2015
ADJOURN