AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., September 4, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
EXECUTIVE SESSION to consult with legal counsel regarding pending litigation pursuant to SDCL 1-25-2(3)
1. No. CC090412-04.2 - Take action on proposed Confession of Judgment in favor of the City of Rapid City and Settlement Agreement with Fish Garbage Service in the amount of $375,000
STAFF DIRECTION
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 2 - 77
Public Comment opened Items 2 - 60
Public Comment closed
CONSENT ITEMS Items 2 - 60
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
2. Approve Minutes for the August 20, 2012 Regular Council meeting and the Minutes for the August 13, 2012 Special Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (September 17, 2012)
3. Black Hills Arts Resource Center DBA Performing Arts Center of Rapid City for a SPECIAL EVENT Wine and Malt Beverage license for an Event Scheduled for September 20-23, 2012 at the Performing Arts Center, 601 Columbus Street
4. Black Hills Arts Resource Center DBA Performing Arts Center of Rapid City for a SPECIAL EVENT Wine and Malt Beverage license for an Event Scheduled for September 26-30, 2012 at the Performing Arts Center, 601 Columbus Street
Public Works Committee Consent Items
5. No. PW082812-39 Solid Waste Committee Recommendation to Approve Resolution #2012-091 Establishing Garbage and Refuse Fees and Rates Which Amends Resolution #2012-062 to Decrease the Solid Waste Unit Collection Charges.
6. No. PW082812-02 Approve Change Order #1 to Hills Materials Company for Pavement Rehabilitation Project City Springs and Meadowwood Area, Project No. 12-1984 / CIP No. 50549, for an increase of $52,469.00.
7. No. PW082812-03 Approve Change Order #1F to Simon Contractors of SD, Inc. for Fulton Street Sewer and Water Extension, Project No. 12-2000 / CIP No. 50893, for a decrease of $556.29.
8. No. PW082812-04 Approve Change Order #1F to J&J Asphalt for Pavement Rehabilitation Project E Centennial Street and Redwood Street, Project No. 12-1987 / CIP No. 50844, for an increase of $5,230.55.
9. No. PW082812-05 Authorize Staff To Advertise for Bids for Equipment Rental Rates for Snow Removal Operations. Estimated Cost: $50,000.00.
10. No. PW082812-06 Authorize Staff To Advertise for Bids for Snow Removal Operations for City Parking Lots and Ramp. Estimated Cost: $30,000.00.
11. No. PW082812-07 Authorize Staff To Advertise for Bids for Liquid Road Deicer. Estimated Cost: $32,000.00.
12. No. PW082812-08 Authorize Staff To Advertise for Bids for Ice Sanding Material. Estimated Cost: $75,000.00.
13. No. PW082812-09 Authorize Staff To Advertise for Bids for Sander Plows with Wings. Estimated Cost: $375,000.00.
14. No. PW082812-10 Authorize Staff To Advertise for Bids for Tandem Dump Trucks with Plow and Slide-in Sander. Estimated Cost: $285,000.00.
15. No. PW082812-11 Authorize Staff To Advertise for Bids for Maple Avenue Railroad Crossing, Project No. RR12-2050 / CIP No. 50170. Estimated Cost: $150,000.00.
16. No. PW082812-12 Authorize Staff To Advertise for Bids for 2012 Out of the Dust, Project No. ST12-2003 / CIP No. 50297. Estimated Cost: $60,000.00.
17. No. PW082812-13 Authorize Staff To Advertise for Bids for 2011-2012 Manhole Adjustment Project, Project No. ST11-1970 / CIP No. 50846. Estimated Cost: $70,000.00.
18. No. PW082812-14 Authorize Staff To Advertise for Bids for Hoefer Avenue Overlay Project, Project No. 12-2046 / CIP No. 50445. Estimated Cost: $250,000.00.
19. No. PW082812-40 Authorize Staff To Advertise for Bids for East Idaho and Ivy Watermain Reconstruction, Project No. 12-2059 / CIP No. 50421.3-1A. Estimated Cost: $550,000.00.
20. No. PW082812-15 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of sidewalk along Dyess Avenue as it abuts the South 423.0 feet of the SW ¼ of the NW ¼ and the North 925.0 feet of the NW ¼ of the SW ¼ located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota.
21. No. PW082812-16 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of sidewalk, curb, gutter, and street light conduit along Century Road as it abuts Lot A of Lot One (1) of the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section 32, T2N, R8E of the Black Hills Meridian, Pennington County, South Dakota.
22. No. PW082812-17 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of sidewalk along East Omaha Street and La Crosse Street as they abut Lots 1-6, inclusive of the Starner Tract in Government Lot 2 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota as shown on the plat filed in Plat Book 3, Page 253 and also excepting therefrom Lot H-1 of said Starner Tract shown on the plat filed in Highway Plat Book 2, Page 100.
23. No. PW082812-18 Authorize Mayor and Finance Officer to Sign Urban Surface Transportation Program Funding Agreement between the Department of Transportation and the City of Rapid City for Letting and Construction of Project P 1774(04), PCN 02SE East North Street from Herman Street to Pine Street.
24. No. PW082812-19 Authorize Mayor and Finance Officer to Sign Amendment Number 1 to Agreement Number 613517 between the City of Rapid City and the South Dakota Department of Transportation for the 6th Street Pedestrian Crossing on Omaha Street (For Promenade Project).
25. No. PW082812-20 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Highway Improvement Inc. for Asphalt Surface Crack Sealing, Project No. ST12-2055.
26. No. PW082812-21 Authorize Mayor and Finance Officer to Sign Section 5307 Urban Public Transportation Grant Agreement between the City of Rapid City and the State of South Dakota Department of Transportation.
27. No. PW082812-22 Authorize Mayor and Finance Officer to Sign Covenant Agreement between THF Stoneridge and the City of Rapid City Regarding Installation of a Northbound Right Turn Lane on Black Hills Boulevard at Outlot 10.
28. No. PW082812-23 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and the State of South Dakota Department of Transportation for PS 8052(62), PCN 03C1, DOT#190261W for Maple Avenue Railroad Crossing, Project No. RR12-2050 / CIP No. 50170.
29. No. PW082812-24 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and the State of South Dakota Department of Transportation for PP 8052(41), PCN 1432, DOT#190273R for 11th Street Railroad Crossing, Project No. RR12-2024 / CIP No. 50173.
30. No. PW082812-25 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 Trickling Filter and Effluent Solids Reduction Improvements-Evaluation Phase, Project No. 12-2031 / CIP No. 50910, in the amount of $74,069.00.
31. No. PW082812-26 Approve Request from Steven Jones to Waive the Requirement to Install Sidewalk per City Ordinance 12.080.060 for the Property Located at 3402 Carmen Court Lot 4R of Tract 1, Canyon Lake Heights, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
32. No. PW082812-27 Approve Request from the Good Samaritan Society (GSS) to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at the SE1/4 SW1/4 and SW1/4 SE1/4 and NE1/4 SE1/4 and NW1/4 SE1/4, and SW1/4 NE1/4 and less Lot A of W1/2 SE1/4, Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota More Generally Located on the South Side of St. Martins Drive, West of Sturgis Road, and East of City Springs Road.
33. No. PW082812-28 Approve Acceptance of Infrastructure for Black Hills Center 10PL096, 10PD071, DEV 10-1039, DEV 10-1050; More Generally Located at the Northwest Corner of Stumer Road and 5th Street.
34. No. PW082812-29 Confirm the Appointment of Tim Rose to the Development Appeals and Review Board as a Planning Commission Representative.
35. No. PW082812-33 Acknowledge Monthly Building Permit Progress Report.
36. No. PW082812-30 Approve Proposed Revision to Guidelines for Priority Use of Park and Recreation Facilities Document, Defining Non-Profit Status and adding a First Right of Refusal Clause.
37. No. PW082812-31 Acknowledge Report on Mountain View Cemetery and Authorize Staff to Develop a Plan for Implementation of Recommendations.
38. No. PW082812-32 Approve Resolution #2012-102 Extending the Declaration of Emergency Regarding The Mountain Pine Beetle Invasion Within the City of Raid City.
39. No. PW082812-38 Authorize Mayor and Finance Officer to sign Declaration of Taking Pertaining to the Creek Drive Bridge Reconstruction, Project No. BRO 8052(56).
40. No. PW082812-37 Approve the Request by Fischer Furniture to erect a tent in the public right-of-way at 1710 West Main Street beginning September 25, 2012, until October 6, 2012 with the City of Rapid City to be named as additional insured and to request that Fischer Furniture work with the City Attorney's Office on a long term agreement.
41. No. PW082812-34 Acknowledge the Second Set of Board and Committees Consolidation Recommendations.
42. No. PW082812-35 Acknowledge Update on Meadowbrook Pub & Grill report.
43. No. PW073112-29 Refer the Request to accept Private Driveway Located in the 12th Street Right of Way as a city street to the City Attorney's Office for review and recommendation with a report to be provided at the September 25, 2012, Public Works Committee Meeting.
Legal & Finance Committee Consent Items
44. No. LF082912-01 Approve Event Permit for Festival of Lights on November 24, 2012
45. No. LF082912-02 - Authorize Mayor and Finance Officer to Sign Agreement between Ellsworth Air Force Base Fire Department and the Rapid City Fire Department for Mutual Aid in Fire Protection and Hazardous Materials Incident Response
46. No. LF082912-03 Resolution No. 2012-100A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
47. No. LF082912-04 Acknowledge Capital Improvement Program Committee Monthly Update for August 2012
48. No. LF082912-05 Acknowledge Capital Plan for Street, Drainage and MIP Projects for August 2012
49. No. LF082912-06 - Approve Funding the Communication Project Construction Plan in the Amount of $118,800 from the 2012 CIP Contingency, to Request that Staff Identify and Present the Funding Source for the Communication Project Equipment Plan in the Amount of $681,480 ($170,370x4) at the September 21, 2012 CIP Meeting and that the City Support the Communication Tower Expansion Project Contingent upon the Participation of Pennington County and Other Agencies as Identified by the Funding Proposal
50. No. LF082912-07 Authorize Mayor and Finance Officer to Sign Agreement for Air Quality Program with the State of South Dakota
51. No. LF082912-08 Authorize Mayor and Finance Officer to Sign the Contract between Nore Winter/Winter & Company and the City of Rapid City for the Design Handbook for the West Boulevard Historic District Project Phase III for the Historic Preservation Commission in an Amount Not to Exceed $12,000
52. No. LF082912-09 - Authorize Mayor and Finance Officer to Sign Bleacher Rental Agreement with the Hill City School District
53. No. LF082912-10 Authorize Mayor and Finance Officer to Sign Contract and Indenture of Restrictive Covenants for Fiscal Year 2012 Community Development Block Grant Sub-recipient Canyon Lake Senior Center
54. No. LF082912-11 Authorize Mayor and Finance Officer to Sign Contract for Fiscal Year 2012 Community Development Block Grant Sub-recipient Help! Line Center 211
55. No. LF082912-12 Authorize Mayor and Finance Officer to Sign Amendment to Exclusive Listing Agreement with Coldwell Banker Regarding Wally Byam Site
56. No. LF082912-13 Acknowledge Raffle Request from Borgund Lodge 1-532, Sons of Norway
57. No. LF082912-14 Acknowledge Raffle Request from Second Alarm Car Club
58. No. LF082912-16 Authorize Human Relations Commission to apply for Fair Employment Practices Agency Recognition by Equal Employment Opportunity Commission.
59. No. CC071612-04.5 Acknowledge report from Ben Snow regarding Rushmore Regional Rail Authority and to Authorize Ben Snow to enter into discussions with Pennington County and the City of Box Elder to explore the possibility of creating the Rushmore Regional Rail Authority.
Community Planning & Development Services Department Consent Items
60. No. 12AN003 Resolution No. 2012-085 - A request by Dream Design International, Inc. for a Petition for Annexation for property generally described as being located north of Old Folsom road and south of Elk Vale Road. (Continued from the August 8, 2012 Council meeting; Continued from the August 20, 2012 Council meeting)
Continued Consent Items Continue the following items until (NONE):
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 61 - 77
Public Comment opened Items 61 - 77
Public Comment closed
Ordinances
61. No. 12RZ014 - First Reading, Ordinance 5857, 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. for a Rezoning from No Use District to Light Industrial District for property generally described as being located north of Old Folsom road and south of Elk Vale Road. (continued from the August 6, 2012 Council meeting; Continued from the August 20, 2012 Council meeting)
62. No. LF081512-20 Second Reading, Ordinance No. 5848, FY2013 Appropriation Ordinance
63. No. LF081512-23 Second Reading, Ordinance No. 5861, An Ordinance Revising the Compass Independent Audit Program by Amending Chapter 2.95 to the Rapid City Municipal Code.
64. No. LF082912-20 First Reading, Ordinance No. 5864, An Ordinance Amending Section 8.24.020(5) of the Rapid City Municipal Code with Regard to the Sale of Fireworks Within One Mile of the City Limits.
65. No. LF082912-21 First Reading, Ordinance No. 5865, An Ordinance Authorizing the Placement of Banners Promoting Community Activities, Celebrations and Events by Amending Section 15.28.210 of the Rapid City Municipal Code.
66. No. LF082912-22 First Reading, Ordinance No. 5866, An Ordinance Exempting Signage Located Within a Sporting Facility and Not Specifically Directed Towards Public Rights of Way from the Provisions of the City Sign Code by Amending Section 15.28.080 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items (NONE)
Legal & Finance Committee Items
67. Human Relations Commission Semi-Annual Report
68. No. LF082912-17 Request to Waive Banner Fee from South Dakota School of Mines
69. Request for release to the Public of all Minutes and Meeting Notes on All Formation Meetings for COMPASS Program - Steve Laurenti, Bill Clayton, John Roberts
70. No. LF020112-26A Resolution No. 2012-070 A Resolution Amending the Rapid City Code of Conduct for Elected Officials in Order to Incorporate Due Process
70a No. LF082912-19 - Resolution No. 2012-101 of Intent to Enter Into Lease of Land with the Pennington County Sheriff for the 24/7 Program for Property Generally Located at 108 East Main Street Pursuant to SDCL 9-12-5.2
Public Works Committee Items
71. No. PW082812-41 Request by Historic Rapid City to Waive Disposal Fees for the renovation of the V. T. McGillycuddy house located at 727 South Street.
Bids
72. No. CC090412-02.1 Five (5) Phillips MRx ALS Monitor Defibrillators, Rapid City Fire Department (Opened on August 28, 2012)
73. No. CC090412-02.2 2011 Storm Damage Recovery Project Schedule A Project No. 12-2016A / CIP No. 50903 (Opened on August 28, 2012)
74. No. CC090412-02.3 2011 Storm Damage Recovery Project Schedule B Project No. 12-2016B / CIP No. 50903 (Opened on August 28, 2012)
75. No. CC090412-02.4 Pavement Rehabilitation Project Quincy Street Project No. 12-1983 / CIP No. 50549 (Opened on August 28, 2012)
Alcoholic Beverage License Applications (NONE)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
76. No. LF081512-35a Veto of Resolution 2012-099 - Resolution of Intent to take the Statutorily Authorized Increase in Property Tax Revenue as part of the Annual Appropriation Ordinance for 2013.
Appeals
DARB
License application appeals
Sign Code Appeals
77. No. CC090412-04.1 - Wayne Kummar, Off Premises Sign Appeal Case 2012-06, 645 Century Road, for AAMCO/Triple R Vet & Tack pole sign
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 78 - 82
Open Public Hearing (comment) -- Items 78 - 82 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until (NONE):
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 78 - 82
CONSENT PUBLIC HEARING ITEMS Item 78 - 82
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
78. No. 12CA004 Resolution No. 2012-086 - Sections 20 and 21, T1N, R8E Approve a request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to revise the Major Street Plan for property generally described as being located north of Old Folsom road and south of Elk Vale Road. (Continued from the August 8, 2012 Council meeting; Continued from the August 20, 2012 Council meeting)
Alcohol Licenses
79. Friends of the Rapid City Public Library DBA Friends of the Rapid City Public Library for a SPECIAL EVENT Wine License for an Event Scheduled for October 18, 2012 at the Rapid City Public Library, 610 Quincy Street.
80. Rotary Storybook Island Inc. DBA Rotary Storybook Island Inc. for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for September 7, 2012 at Storybook Island, 1301 Sheridan Lake Road.
81. Main Street Square DBA Main Street Square for a SPECIAL EVENT Wine and Malt Beverage License for Events Scheduled for September 6, 13, 20 and 27, 2012 at Main Street Square, 526 Main Street.
Assessment Rolls
82. No. LF082912-18 Resolution No. 2012-083B 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
83. No. CC090412-01 Bill List for September 4, 2012
ADJOURN