AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., September 17, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Veteran of the Month
2. Citizen of the Month
3. Rapid City Beautification Committee Yard of the Month
EXECUTIVE SESSION to discuss personnel matters pursuant to SDCL 1-25-2(1)
4a. Authorization to make an offer of employment for Parks and Recreation Director position at Grade 26, Step F
4b. Authorization to make an offer of employment for Assistant City Attorney I position at Grade 21, Step F
4c. Authorize salary increase of Assistant City Attorney for Ordinance Enforcement from Grade 21, Step D, to Grade 21, Step G
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 5 - 53
Public Comment opened Items 5 - 39
Public Comment closed
CONSENT ITEMS Items 5 - 39
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
5. Approve Minutes for the September 4, 2012 Regular Council meeting and the August 30, 2012 Special Council meeting.
6. Approve Minutes for the August 30, 2012 Vision Fund Committee meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (October 1, 2012)
7. Big D Oil Co DBA Big D Oil Co #24, 3010 West Main for a Package (off-sale) Malt Beverage License
Public Works Committee Consent Items
8. No. PW091112-02 Approve Change Order #1F to Hills Materials Company for Pavement Rehabilitation E Denver Street Area, Project No. 12-1989 / CIP No. 50844, for a decrease of $14,979.57.
9. No. PW091112-03 Approve Change Order #1F to Heavy Constructors for Seger Drive / Dyess Avenue Sanitary Sewer Extension Project Phase 1, Project No. SS11-1946 / CIP No. 50277.1-1, for a decrease of $45,134.70.
10. No. PW091112-04 Approve Change Order #1F to RCS Construction for Rand Road Drainage Channel Phase 2, Project No. DR11-1839 / CIP No. 50759, for an increase of $13,903.92.
11. No. PW091112-05 Approve Change Order #1F to Rapid Construction for Rapid City Landfill Cell No. 12 Closure, Project No. LF09-1844 / CIP No. 50783, for a decrease of $13,414.66.
12. No. PW091112-06 Authorize Mayor and Finance Officer to Sign Amendment No. 3 to Agreement No. 713770 between the City of Rapid City and the South Dakota Department of Transportation for an extension of the completion date for the Rapid City Greenway and Pedestrian Facilities Project, Project No. PR08-6017 / SDDOT No. EM 8052(59) PCN 010E.
13. No. PW091112-07 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Cetec Engineering Services Inc. for Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728, in the amount of $97,855.54.
14. No. PW091112-08 Authorize Mayor and Finance Officer to Sign Permanent Utility Easement granted to Black Hills Power Inc. for an area near the Energy Plant.
15. No. PW091112-09 Authorize Mayor and Finance Officer to Sign Agreement between City of Rapid City and SD Water and Wastewater Agency Response Network.
16. No. PW091112-10 Authorize Mayor and Finance Officer to Sign Covenant Agreement and Release and Hold Harmless Agreement between the City of Rapid City and Johnstown LLP regarding the non-conforming water and sewer service lines.
17. No. PW091112-11 Authorize Mayor and Finance Officer to Sign Covenant Agreement and Release and Hold Harmless Agreement between the City of Rapid City and CPP Rushmore LLC regarding the non-conforming water and sewer service lines.
18. No. PW091112-12 Authorize the Public Works Director to enter into agreements on behalf of the City with property owners wishing to connect to the sanitary sewer system constructed as a part of the Enchanted Pines Drive Sanitary Sewer Extension Project.
19. No. PW091112-13 Approve Request from Fisk Land Surveying & Consulting Engineers for Golden West Technologies to Waive the Requirement to Install Sidewalk on Tower Road and US Highway 16 per City Ordinance 12.080.060 for the Property Located at 3840 Tower Road Lot 1 of Thompson Tower Subdivision Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
20. No. PW091112-14 Authorize Mayor to Appoint a seven (7) member Storm Drainage Utility Task Force with City Council confirmation.
21. No. PW091112-15 Approve Updated List of Out of the Dust Projects.
22. No. PW073112-30 Request the Mayor to Authorize Staff to work with the Plum Tree Homeowner's Association to resolve the Plum Tree Lane issues and to return to the Public Works Committee if the resolutions are unsatisfactory.
23. No. 12VE006 Acknowledge the Applicant's Request to Withdraw the Appeal of the denial of a request by CETEC Engineering Services, Inc. for Black Hills Federal Credit Union to consider an application for a Vacation of a Non-Access Easement for property generally described as being located at 111 Minnesota Street. (Continued from the August 14, 2012, Public Works Committee Meeting)
24. No. PW091112-17 Refer the Update and Direction on Funding for Oversized Water, Sewer, and Street Improvements for the 5th Street Extension South of Catron Boulevard to the .16 Utility Fund Oversight Committee for finalization of a payment plan and schedule for reimbursement of the SAB 28 Funds with confirmation by City Council.
25. No. PW091112-18 Acknowledge Update on the Press Conference Coverage for the Fish Garbage Case Report
Legal & Finance Committee Consent Items
26. No. LF091212-01 Vision Fund Committee Approve Option A, with Additional Funding, for the Horace Mann Leisure Pool in the Amount of $5.1 Million for FY2015
27. No. LF091212-02 Vision Fund Committee Approve Reallocation of $2.2 Million in Soccer Funding to FY2012 from FY2015 and to Request that the Mayor Authorize Staff to Initiate Negotiations with Soccer Rapid City.
28. No. LF091212-03 Authorize Mayor and Finance Officer to Sign Joint Powers Agreement for the Formation of the Pennington County Area Emergency Management
29. No. LF091212-04 Authorize Mayor and Finance Officer to Sign Fire Suppression Addendum between the State of South Dakota and the City of Rapid City
30. No. LF091212-05 Resolution No. 2012-104 Declaring Miscellaneous Personal Property Surplus
31. No. LF091212-06 Request Authority to Apply for the Grant Number 10SRNSD004 through Community and National Service for the Retired Senior Volunteer Program and to Accept if Awarded
32. No. LF091212-07 - Acknowledge August 2012 General Fund Cash Balance Report
33. No. LF091212-08 - Acknowledge July 2012 Sales Tax Revenue Report
34. No. LF091212-09 Resolution No. 2012-103 to Amend the City of Rapid City Non-Union Compensation Plan by Making the Following Changes to the Position Title of Lead Auditor
35. No. LF091212-10 Acknowledge Raffle Request from South Dakota School of Mines & Technology
36. Acknowledge Human Relations Commission Semi-Annual Report.
37. No. LF091212-23 Confirm appointment of Peggy Pientok and the reappointment of Wade Rhodes to the RSVP Advisory Board.
38. No. LF091212-24 Approve Event Permit for Ketel Thorstenson Blood Drive on September 18, 2012.
39. No. LF091212-25 Approve Event Permit for People for the Ethical Treatment of Animals on September 25, 2012.
Community Planning & Development Services Department Consent Items (None)
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 40 - 53
Public Comment opened Items 40 - 53
Public Comment closed
Ordinances
40. No. LF082912-20 Second 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.
41. No. LF082912-21 Second 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.
42. No. LF082912-22 Second 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.
43. No. LF081512-20 Second Reading, Ordinance No. 5848, FY2013 Appropriation Ordinance (Continued from the September 4, 2012 Council meeting)
44. No. 12RZ008 First Reading, Ordinance 5843, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by By-Pass Development, LLC for a Rezoning from Light Industrial District to Heavy Industrial District for property generally described as being located at the current northern terminus of Rearden Court. (Continued from the May 21, 2012, June 4, 2012 and June 18, 2012 Council meetings)
45. No. 12RZ015 First Reading, Ordinance 5862, 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 Mobile Home Residential District to Light Industrial District for property generally described as being located approximately 3,000 feet north of Seger Drive along the east side of Dyess Avenue.
46. No. 12RZ016 - First Reading, Ordinance 5863, 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 General Agriculture District to Light Industrial District for property generally described as being located approximately 3,000 feet north of Seger Drive and approximately 1,300 feet east of Dyess Avenue.
47. No. 12OA005 First Reading, Ordinance No. 5859, An Ordinance to Amend the Requirements for Conditional Use Permits for Oversized Garages by Amending Section 17.08.030 of the Rapid City Municipal Code in the Park-Forest District.
48. No. 12OA006 First Reading, Ordinance No. 5858, An Ordinance to Amend the Requirements for Conditional Use Permits for Oversized Garages by Amending Section 17.10.030 of the Rapid City Municipal Code in the Low Density Residential District 1.
49. No. 12OA007 First Reading, Ordinance No. 5860, An Ordinance to Amend the Requirements for Conditional Use Permits for Oversized Garages by Amending Section 17.38.030 of the Rapid City Municipal Code in the Mobile Home Residential District.
Community Planning & Development Services Department Items
50. No. 12PL044 - A request by Renner & Associates, LLC for DKEA, LLC for a Preliminary Subdivision Plan for property generally described as being located at the current northern terminus of Dunsmore Road.
Legal & Finance Committee Items
51. No. LF091212-12 Acknowledge FY 2011 CAFR (Comprehensive Annual Financial Report)
Public Works Committee Items (NONE)
Bids
52. No. CC091712-02.1 LaCrosse Street Joint Sealing Project No. 12-2045 / CIP No. 50445 (Opened on September 11, 2012)
53. No. CC091712-02.2 Meadowbrook Maintenance Phase III Project No. 12-2044 / CIP No. 50841 (Opened on September 11, 2012)
Alcoholic Beverage License Applications (NONE)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 54 - 59
Open Public Hearing (comment) -- Items 54 - 59 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
Close Public Hearing (comment) -- Items 54 - 59
CONSENT PUBLIC HEARING ITEMS Item 54 - 59
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
54. No. 12CA005 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Industrial for property generally described as being located approximately 3,000 feet north of Seger Drive along the east side of Dyess Avenue.
55. No. 12CA006 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Industrial for property generally described as being located approximately 3,000 feet north of Seger Drive and approximately 1,300 feet east of Dyess Avenue.
Alcohol Licenses
56. 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
57. 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
Assessment Rolls
58. No. LF091212-11 Resolution No. 2012-096B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
59. No. LF082912-19 Authorize Mayor and Finance Officer to sign Lease of Land with the Pennington County Sheriff for the 24/7 Program for property generally located at 108 East Main Street.
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (NONE)
BILLS
60. No. CC091712-01 Bill List for September 17, 2012
ADJOURN