ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.


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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 19, 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.            Veteran of the Month: Brad Morgan, Ward 5

2.            Employee Awards

3.            Rapid City Beautification Committee October Yard of the Month: Tim Erickson, Ward 5

4.            Rapid City Beautification Committee 2015 Green Glove Award: Suzanne Karl, Ward 3

5.            Sustainability Award Presentation – Game Fish & Parks' Outdoor Campus West

 

EXECUTIVE SESSION to discuss personnel matters pursuant to SDCL 1-25-2(1)

6.            No. CC101915-04.1 – Authorization to make wage adjustments to address inequities for 4 Fire Department Lieutenants caused by timing of promotions

 

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 7 - 53

 

Open Public Comment – Items 7 - 42 (3-minute time limit per speaker)

                        Close Public Comment

 

CONSENT ITEMS – Items 7 - 42

 

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

 

Approve Minutes

7.            Approve Minutes for the October 5, 2015 Regular Council meeting.

 

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

 

Alcoholic Beverage License Applications Set for Hearing (NONE)

 

Public Works Committee Consent Items

8.            No. PW101315-01 – Confirm the Reappointments of Erik Braun and John Brewer and the New Appointment of Kimberly Schmidt to the Planning Commission.

 

9.            No. PW101315-02 – Confirm the Reappointments of Eirik Heikes, Nisa Schwiesow-Kerr, and Kevin Crosby and the New Appointments of Emily Fisher and Carol Jundt to the Standing Committee on Sustainability.

 

10.          No. PW101315-03 – Approve Change Order No. 7F to SECO Construction, Inc. for Utility Maintenance Facility, Project No. 13-2120 / CIP 50870, for a decrease of $2,583.00.

 

11.          No. PW101315-05 – Approve Change Order No. 1F to Knife River for Pavement Rehabilitation Project – Red Rock Area, Project No. 15-2236 / CIP No. 50549, for an increase of $14,459.15.

 

12.          No. PW101315-06 – Approve Change Order No. 1F to Knife River for Pavement Rehabilitation Project – Copper Hills, Project No. 15-2238 / CIP No. 50844, for a decrease of $14,374.00.

 

13.          No. PW101315-07 – Approve Change Order No. 1 to Knife River for E Quincy Street Reconstruction Project – East Boulevard to Myrtle Ave, Project No. 13-2110 / CIP No. 51028, for an increase of $30,750.81.

 

14.          No. PW101315-08 – Authorize Staff to Advertise for Bids for East College Ave. & East Custer St. Reconstruction – Milwaukee to Racine, Project No. 14-2211 / CIP No. 50916. Estimated Cost: $1,760,000.00.

 

15.          No. PW101315-09 – Authorize Staff to Advertise for Bids for W St Cloud St. Street and Utilities Reconstruction, Project No. 15-2113 / CIP No. 50939. Estimated Cost: $660,000.00.

 

16.          No. PW101315-10 – Authorize Staff to Advertise for Bids for Equipment Rental Rates for Snow Removal Operations. Estimated Cost: $50,000.

 

17.          No. PW101315-11 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Inc. for North Rapid Reservoir & Northridge Reservoir Access Road Repairs, Project No. 15-2298 / CIP No. 51103, in the amount of $24,889.00.

 

18.          No. PW101315-12 – Authorize Mayor and Finance Officer to Sign Agreement for Construction of 48th Street Drainage Improvements, Project No. 15-2295 / CIP No. 51104, with Underground Construction, LLC, in the amount of $22,720.00.

 

19.          No. PW101315-13 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 with FMG Inc. to an Agreement between the City of Rapid City and FMG Inc. for 2015 City Wide Geotechnical, Project No. 15-2235 / CIP No. 50637, in the amount of $10,000.00.

 

20.          No. PW101315-14 – Authorize Mayor and Finance Officer to Sign Easement and Right of Way Agreements for the East Anamosa Pedestrian Crossing and Century Road Connection, Project No. 13-2125, PCN 04P5 and PCN 04P6.

 

21.          No. PW101315-15 – Authorize Mayor and Finance Officer to Sign Agreement Amendment and Permanent Easement between the Department of Transportation and City of Rapid City for the Silver Street Interchange Reconstruction, Project No. 12-2053 /CIP No. 50940, SDDOT Project IM 1902(61)0 PCN 1162.

 

22.          No. PW101315-21 – 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-15-2-0581.

 

23.          No. PW101315-16 – Approve Change Order No. 2 to RCS Construction for Skyline Wilderness Park Trailhead Development Project No. PR13-6109 / CIP51002, for an increase of $14,322.70.

 

24.          No. PW101315-18 – Request the Mayor to authorize staff to formulate a construction fee resolution that understands that Rushmore Hockey Water Main (DEV15-1222, CIP 51105) and Soccer Complex Water Main (Project No. 12-1849 / CIP No. 50792) will not be charged a hook up fee, and all others will be charged a hook up fee with that money being returned to the Vision Fund.

 

25.          No. PW101315-22 – Authorize Staff to Connect Unit 11 Southgate Commercial Condos to City Water and Sewer Services.

 

26.          No. PW011315-24 – Authorize Mayor and Finance Office to Sign contract with Hilt Engineering for the repair to guardrail and roadway embankment along Tower Road in the amount of $49,929.00.

 

Legal & Finance Committee Consent Items

27.          No. LF101415-01 – Confirm Reappointment of Melbert Siyo, Jamie Al-Haj and Lin Jennewein to the Human Relations Commission

 

28.          No. LF101415-02 – Apply for and Accept Western States Fire Managers Wildfire Mitigation Grant

 

29.          No. LF102815-03 – Acknowledge August 2015 Sales Tax Report

 

30.          No. LF101415-04 – Approve Moving the Wednesday, November 11, 2015, Legal and Finance Committee Meeting to Tuesday, November 10, 2015, Immediately Following the Public Works Committee Meeting Due to the Veteran's Day Holiday

 

31.          No. LF101415-05 – Approve Resolution No. 2015-100 Declaring Certain Real Property Generally Located Along Chapel Lane Surplus for Purposes of Disposing of Such Property.

 

32.          No. LF101415-06 – Resolution No. 2015-099A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

 

33.          No. LF101415-07 – Resolution No. 2015-104 to Amend the City of Rapid City Compensation Plan by Renaming the Position of Assistant Fire Chief – Fire Prevention to Division Fire Chief – Fire and Life Safety 

 

34.          No. LF101415-08 – Resolution No. 2015-103 to Amend the City of Rapid City Compensation Plan by Renaming the Position of Assistant Fire Chief – Emergency Medical Services to Division Fire Chief – Medical Operations

 

35.          No. LF101415-09 – Resolution No. 2015-102 to Amend the City of Rapid City Compensation Plan by Renaming the Position of Assistant Fire Chief – Operations to Division Fire Chief – Fire Operations

 

36.          No. LF101415-10 – Approve Resolution No. 2015-106 to Amend the City of Rapid City Compensation Plan by Establishing the New Position of Information Technology (IT) Project Manager Within Community Resources.

 

37.          No. LF101415-11 – Approve Request from Fat Boys, Inc. for a Temporary Shooting Gallery on December 11 and 12, 2015, in the Basement of the Firehouse Wine Cellars, 622 Main Street. 

 

38.          No. LF101415-17 – Deny the request from Kenny Hargens to waive the cleanup assessment fees in the sum of $120 at 1202 Fifth Street and moved to waive the administration fee in the sum of $42.

 

39.          No. LF101415-18 – Authorize the Transfer of Remaining 2015 Council Contingency Funds in the Amount of $65,000, to Civic Center ADA Repairs and Administration.

 

40.          No. LF101415-13 – Acknowledge Update on Recent 2015 Department of Justice COPS Hiring Grant and moved to approve Request for Alternative Staffing Increase.

 

41.          No. LF101415-15 – Approve Resolution No. 2015-107 Amending Certain Fees to be Charged in 2016 for Various Licenses, Permits and Applications.

 

CIP Committee Consent Items

 

Compass Committee Consent Items

 

Community Planning & Development Services Department Consent Items (NONE)

 

Bid Award Consent Items

42.          No. CC101915-02.1 - Approve award of Total Bid for 2015 ADA Compliance Project, Project No. 15-2275 / CIP No. 50761 opened on October 13, 2015, to the lowest responsible bidder, Complete Concrete, Inc., in the amount of $69,168.75.

 

Continued Consent Items (NONE)

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 43 - 53 (3-minute time limit per speaker)

 

Open Public Comment – Items 43 - 53

            Close Public Comment

 

Ordinances

43.          No. LF093015-15 – Second 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

 

44.          No. LF101415-14 – First Reading, Ordinance No. 6083, An Ordinance to Revise the Name and Update the Mission of the Rapid City Fire Department by Amending Chapter 2.36 of the Rapid City Municipal Code.

Recommendation: Approve

 

45.          No. LF101415-16 – First Reading, Ordinance No. 6075, An Ordinance to Amend Provisions Concerning Special Event Alcohol Beverage Licenses to Allow Charitable Organizations to Sell Donated Alcohol by Amending Section 5.12.035 of the Rapid City Municipal Code.

Recommendation: Approve

 

Public Works Committee Items

46.          No. 15CA002 – Approve Comprehensive Plan Amendment to the Major Street Plan to realign a Principal Arterial Street.

Recommendation: Approve with report provided at council

 

47.          No. PW101315-23 – Request for Status of Ellsworth Task Force Memorandum of Understanding.

Recommendation: Forward without recommendation

 

48.          No. PW101315-19 – Reject Purchasing Authority for One End Loader (Caterpillar Model 966M) and authorize staff to advertise for bids for One End Loader.

Recommendation: Approve (4-1 vote)

 

49.          No. PW101315-20 – Reject Purchasing Authority for Two Skid Loaders (John Deere Model 326E) and authorize staff to advertise for bids for Two Skid Loaders.

Recommendation: Approve (4-1 vote)

 

50.          No. PW011315-12 – Acknowledge Report on Discussion on Cross Country Skiing and Other Winter Recreational Activities at Meadowbrook Golf Course

Recommendation: Acknowledge with report provided at council

 

51.          No. PW101315-04 – Approve Change Order No. 2F to Simon Contractors of SD Inc, for Pavement Rehabilitation Project – Bogey Ct., Byrum Ct. and Winged Foot Ct., Project No. 14-2183 / CIP No. 50844, for a decrease of $1,953.97.

Recommendation: Approve with amended Change Order Amount

 

Legal & Finance Committee Items

52.          No. LF101415-12 – Acknowledge Update on President's Plaza Project and Authorize Staff to Work with the Presidents Plaza Group to Separate the Public and Private Portions of the Project.

Recommendation: Acknowledge (4-1 vote)

 

CIP Committee Items

 

Compass Committee Items

 

Community Planning & Development Services Department Items

53.          No. 15PL064 - A request by Sperlich Consulting, Inc., for Freeland Meadows, Inc., for a Preliminary Subdivision Plan for proposed Lots 20 thru 33 of Block 1, Lots 3 thru 23 of Block 3 and Lots 14 thru 26 of Block 4 of Prairie Meadows Subdivision, legally described as a portion of Government Lot 4 of Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Country Road and West Nike Road.

Recommendation: Approve with Stipulations

 

Other Board, Commission & Committee Items

 

Bid Awards

 

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 54 - 61

 

Open Public Hearing (comment) - Items 54 - 61 (3-minute time limit per speaker)

[Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – (NONE)

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) - Items 54 - 61

 

CONSENT PUBLIC HEARING ITEMS – Item 54 - 57

 

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

 

Community Planning & Development Services Department Items

54.          No. 15VR012 - A request by Renner and Associates, LLC for GBA Inc. for a Vacation of Right-of-Way for property generally described as being located at 404 St. Onge Street.

 

55.          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.

 

Alcohol Licenses

56.          Shopko Stores Operating Co. LLC dba Shopko #78, 1845 Haines Avenue for a Package (off sale) Malt Beverage License

57.          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

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 58 - 61

58.          No. 15RZ018 - Second 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

 

59.          No. 15RZ019 - Second 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

 

60.          No. 15UR018 – Appeal of the Planning Commission's Decision on a request by Donna Gilbert for a Conditional Use Permit to allow a bed and breakfast for property located at 3414 Hall Street.

Recommendation: Approve with Stipulations

 

61.          No. 15PD001 – Appeal of the Planning Commission's Decision on a request by Sperlich Consulting, Inc. for Chad Zandstra Construction, LLC for a Major Amendment to reduce the side yard setback from 8 feet to 5 feet for an existing one-story structure for property located at 3744 Padre Drive.

Recommendation: Approve with Stipulations

 

BILLS

62.          No. CC101915-01 – Bill List for October 19, 2015

 

ADJOURN