AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., February 19, 2013
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Veteran of the Month
2. Employee Awards
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 3 - 65a
Public Comment opened Items 3 - 42
Public Comment closed
CONSENT ITEMS Items 3 - 42
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
3. Approve Minutes for the February 4, 2013 Regular Council meeting and the February 4, 2013 Special Council (Vision Fund Committee) meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (March 4, 2013)
4. Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 830 Main Street for a Retail (on-off sale) Wine License TRANSFER from Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 2520 W Main St.
5. Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 830 Main Street for a Retail (on-off sale) Malt Beverage License TRANSFER from Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 2520 W Main St.
6. Derby Advertising Inc DBA Meadowbrook Pub & Grill, 3625 Jackson Blvd for a Retail (on-off sale) Malt Beverage License TRANSFER from City of Rapid City DBA Meadowbrook Bar and Grill 3625 Jackson Blvd
7. Derby Advertising Inc DBA Meadowbrook Pub & Grill, 3625 Jackson Blvd for a Retail (on-off sale) Wine License
8. Pennington County Democratic Party, 730 South Street for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for March 15, 2013 at Prairie Edge, 606 Main Street
9. Marquez, Inc DBA Dublin Square, 504 Mt Rushmore Road for a Retail (on-sale) Liquor License TRANSFER from Dublin Square Inc DBA Dublin Square, 504 Mt Rushmore Road
Public Works Committee Consent Items
10. No. PW021213-02 Approve Change Order #2F to Glacier Construction Company for WRF Pretreatment Improvements, Project No. WRF11-1928 / CIP No. 50855, for an increase of $27,842.00.
11. No. PW021213-03 Approve Change Order #1 to Pendo's Construction for 2011 Storm Damage Recovery Project Schedule B, Project No. 12-2016B, for an increase of $5,895.56.
12. No. PW021213-04 Approve Change Order #1 to Black Hills Roofing, Inc. for RCFD Storage and Training Facility Roof Renovation, Project No. 12-2062 / CIP No. 50944, for an increase of $4,116.54.
13. No. PW021213-05 Authorize Staff to Advertise for Bids for Jackson Springs Membrane Plant Treatment Chemicals. Estimated Cost: $52,000.00.
14. No. PW021213-06 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project Wisconsin and Oak Area, Project No. 13-2061 / CIP No. 50549. Estimated Cost: $150,000.00.
15. No. PW021213-07 Authorize Staff to Advertise for Bids for Utility Cut Portland Concrete Replacement. Estimated Cost: $75,000.00.
16. No. PW021213-08 Authorize Staff to Advertise for Bids for Homestead Meadow Ridge Drive Water Transmission Main Extension Project One, Project No. 12-2011 / CIP No. 50898. Estimated Cost: $550,000.00. (Airport Water Main Expansion Project One)
17. No. PW021213-10 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and HDR Engineering Inc. for WRF Pretreatment Improvements Construction and Installation, Project No. WRF11-1928 / CIP No. 50855, in the amount of $8,400.00.
18. No. PW021213-11 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and HDR Engineering Inc. for WRF Trickling Filter and Effluent Solids Reduction Improvements Evaluation Phase, Project No. 12-2031 / CIP No. 50910, in the amount of $32,373.00.
19. No. PW021213-12 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering, Inc. for Design and Bidding Professional Services for Minnewasta Water Main Reconstruction and Street Rehabilitation, Project No. 12-2060 / CIP No. 50383, in the amount of $43,999.00.
20. No. PW021213-13 Authorize Mayor and Finance Officer to Sign Covenant Agreement with Lich Enterprises Inc. Regarding Perpetual Maintenance, Repair and Replacement of the Storm Sewer Improvements Located on the Property at the northeast corner of Covington Street and Avery Drive.
21. No. PW021213-14 Authorize Mayor and Finance Officer to Sign Financial Responsibility Agreement between the City of Rapid City and South Dakota Department of Transportation for the Installation of Railroad Crossing Signals at 11th Street, PP 8052(41), PCN 1432, at an estimated cost to the City of $20,200.
22. No. PW021213-16 Renew Contract with Hawkins, Inc. for Chlorine Gas for one year.
23. No. PW021213-17 Renew Contract with Hawkins, Inc. for Fluoride for one year.
24. No. PW021213-18 Renew Contract with Nebraska Salt and Grain Co. for Sodium Chloride for one year.
25. No. PW021213-20 Approve Request to Negotiate Professional Consultant Services with Fennell Design Inc. for the Roosevelt Park 50 Meter Pool.
26. No. PW021213-24 Confirm the Appointments of Michele Seaman, Steve Struble, Myron Tatum, David Asbridge, and Steve Malone as voting members and Mark Thomas, Bob Brandt, Larry Hermanson, and Mark Beshara as alternate members to the Building Code Board of Appeals.
27. No. PW021213-09 Authorize Mayor and Finance Officer to Sign an Amended Agreement between the City of Rapid City and Zandstra Construction, Incorporated and ZCO, Inc. for the Completion of Subdivision Improvements. Generally located near the intersection of Marlin Drive and Creek Drive.
28. No. PW021213-21 Acknowledge Report: Traffic Signal Warrant Study 5th Street & Enchanted Pines
29. No. PW021213-23 Acknowledge Report: Engineering Services Division Update
30. No. PW021213-22 Acknowledge Sign Up Sheet for Equalization Hearings.
Legal & Finance Committee Consent Items
31. No. CC020413-01 Vision Fund Committee - Approve the 50 Meter Pool, Leisure Pool and Field House Funding/Schedule and Reallocate $400,000 from the Field House Project to the Leisure Pool Project for the North Parking Lot
32. No. LF021313-01 Resolution No. 2013-015 Amending the Plan for Projects to be Funded from the Rapid City Economic Development and Civic Improvement Fund (Vision Fund)
33. No. LF021313-03 Approve Request for Property Tax Abatement as Follows: SBP LLC, 2012, $1,399.44
34. No. LF021313-05 Resolution No. 2013-012 to Establish Additional Fulltime Equivalent for the Finance Department.
35. No. LF021313-06 Acknowledge Raffle Request from Rapid City Area Chamber of Commerce
36. No. LF021313-07 Acknowledge Raffle Request from Working Against Violence, Inc.
37. No. LF021313-08 Acknowledge Raffle Request from Western Dakota Tech Transportation Technology Club
38. No. LF021313-09 Acknowledge Raffle Request from Counts of the Cobblestone Car Club
39. No. LF021313-14 Acknowledge report on Fireworks Display and to move the 2013 fireworks display to December 31, 2013.
40. Acknowledge discussion on Sign Up Sheet for Equalization Hearings.
41. No. LF021313-15 Authorize Mayor and Finance Officer to Sign Transfer Affidavit for the Meadowbrook Bar & Grill Retail (on-off sale) Malt Beverage License.
42. No. LF021313-13 Authorize Mayor and Finance Officer to Sign Amendment to Listing Agreement with Ken Kirkeby (Wally Byam Site).
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 43 - 65a
Public Comment opened Items 43 - 65a
Public Comment closed
Ordinances
43. No. 12OA009 - Second Reading, Ordinance 5881, An Ordinance Amending Portions of Chapter 17.50 and Section 17.50.010 Regarding the Chapter Title (Chapter 17.50: Supplementary Regulations Applicable to Some or All Districts), Article I Title (Article I. Development Standards for Conditional Uses), and General Regulations Section and Adopting New Chapter Title (Chapter 17.50: Supplementary Regulations), Article Title (Article I. Development Requirements and Standards for Conditional Uses, Planned Development Overlay Districts, Planned Unit Development Zoning Districts, and Administrative Exceptions), and General Provisions Section in Section 17.50.010 of the Rapid City Municipal Code
44. No. 12OA010 - Second Reading, Ordinance 5882, An Ordinance Amending Section 17.50.050 of the Rapid City Municipal Code Regarding Public Notice Requirements for the Planned Development Overlay District
45. No. 12OA011 - Second Reading, Ordinance 5883, An Ordinance Repealing Sections 17.50.080 Through 17.50.100 Titled Reserved and Adopting Signage, On-Premises Signage, and Off-Premises Signage Regulations Previously Codified in Title 15 with Amendments
46. No. 12OA012 - Second Reading, Ordinance 5884, An Ordinance Adopting a New Section 17.50.340 Regarding Regulations for Fences and Walls
47. No. 12OA013 - Second Reading, Ordinance 5885, An Ordinance Repealing Section 17.50.380 Regarding a Redundant Section Regulating Off-Premises Signage as a Conditional Use
48. No. 12OA014 - Second Reading, Ordinance No. 5886, An Ordinance Amending Chapter 17.54 Regarding Administration and Enforcement Regulations of the Rapid City Municipal Code
49. No. LF013013-23 - Second Reading, Ordinance No. 5901, An Ordinance Repealing Chapter 15.40 Fences and Walls of the Rapid City Municipal Code
50. No. LF013013-24 - Second Reading, Ordinance No. 5903, An Ordinance Repealing Chapter 15.28 Sign Code of the Rapid City Municipal Code in Order to Move the Sign Code to Chapter 17.50 of the Rapid City Municipal Code
51. No. LF013013-25 - Second Reading, Ordinance No. 5904, An Ordinance Repealing Chapter 15.29 On-Premises Signage of the Rapid City Municipal Code in Order to Move On-Premises Signage to Chapter 17.50 of the Rapid City Municipal Code
52. No. LF013013-26 - Second Reading, Ordinance No. 5905, An Ordinance Repealing Chapter 15.30 Off-Premises Signage of the Rapid City Municipal Code in Order to Move Off-Premises Signage to Chapter 17.50 of the Rapid City Municipal Code
53. No. 13RZ001 First Reading, Ordinance 5909, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Karl Merbach for City of Rapid City Solid Waste for a Rezoning from General Agricultural District to Public District for property generally described as being located west of South Dakota Highway 79 and south of Catron Boulevard.
54. No. LF021313-10 First Reading, Ordinance No. 5913, An Ordinance Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code.
55. No. LF021313-11 First Reading, Ordinance No. 5910, An Ordinance to Define Transient Guests for Purposes of the Occupational Tax Levied on Hotel Rooms in Business Improvement District No. 1 (Hotel BID) by Amending Section 3.24.040 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items
56. No. 12PL100 - A request by Dream Design International, Inc. for a Preliminary Subdivision Plan for property generally described as being located at 2109 Skyline Ranch Road.
57. No. 13PL001 - A request by Sperlich Consulting, Inc., for Freeland Meadows, LLC for a Preliminary Subdivision Plan for property generally described as being located along the east side of West Nike Road north of Country Road.
58. No. 13PL002 - A request by Sperlich Consulting, Inc., for Lage Construction, Inc. for a Preliminary Subdivision Plan for property generally described as being located on the north side of Corral Drive west of the intersection of Corral Drive and Park Drive.
Legal & Finance Committee Items
59. No. LF021313-04 Authorize the Mayor and Finance Officer to Sign Amended Engagement Letter with Ketel Thorstenson to Restate the 2008-2010 Financial Statements.
60. No. LF021313-12 Authorize Mayor and Finance Officer to Sign an Assignment Agreement between BankWest of Rapid City and Dennis Zandstra Real Estate Holdings, LLC for Tax Increment District No. 65.
Public Works Committee Items (NONE)
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
61. No. CC021913-02.1 Leland Lane and Rushmore Street Reconstruction, Project No. 11-1951 / CIP No. 50802 (Opened on February 11, 2013)
62. No. CC021913-02.2 Pavement Rehabilitation Project Locust Street, Project No. 12-2068 / CIP No. 50844 (Opened on February 11, 2013)
63. No. CC021913-02.3 Jackson Boulevard Utilities Breakout Project 20 Water Transmission Main, Project No. 12-2081 / CIP No. 50947 (Opened on February 11, 2013)
64. No. CC021913-02.4 Pavement Marking-Lane Line Marking, Project No. 13-2083 / CIP No. 50594 (Opened on February 11, 2013)
65. No. CC020413-02.3 Citizen Campus Solid Waste Division Project No. 13-2057 (Opened on January 29, 2013)
Alcoholic Beverage License Applications
Reissuance
Special Event
Mayor's Items
65a Volunteer Rapid City Chad Lewis
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
Planning Commission Appeals
DARB Appeals
License Appeals
Sign Code Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 66 - 88
Open Public Hearing (comment) -- Items 66 - 88 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 66 - 88
CONSENT PUBLIC HEARING ITEMS Item 66 - 73
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
66. No. 12VR006 - Sections 26 and 27, T1N, R7E - A request by Pat Tlustos for Highway 16 Properties, LLC to consider an application for a Vacation of Right-of-Way for property located at the southwest corner of the intersection of US Highway 16 and Catron Boulevard.
Alcohol Licenses
67. No. CC021913-04.16 - Scottish and Irish Society, 1302 Downing St for a SPECIAL EVENT Liquor License for an Event Scheduled for March 16, 2013 at Canyon Lake Chophouse, 2720 Chapel Lane
68. Fresh Start Convenience Stores, Inc. DBA Fresh Start, 2215 N Haines Ave for a Package (off-sale) Malt Beverage License TRANSFER from Superpumper Inc DBA Superpumper #27, 2215 Haines Ave
69. Fresh Start Convenience Stores, Inc. DBA Fresh Start, 3275 Cambell Street for a Package (off-sale) Malt Beverage License TRANSFER from Superpumper Inc DBA Superpumper #16, 3275 S Hwy 79
70. No. CC021913-04.17 - Cadpar LLC DBA Sólace, 5734 Sheridan Lake Road, Suite 204 for a Retail (on-off sale) Wine License
71. Canvas 2 Paint, Inc DBA Canvas 2 Paint, Inc, 632 St Joseph St for a Retail (on-off sale) Wine License
72. Canvas 2 Paint, Inc DBA Canvas 2 Paint, Inc, 632 St Joseph St for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
73. No. LF021313-02 Resolution No. 2012-157B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 74 - 88
74. No. CC021913-04.1 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Black Hills Baseball Association
75. No. CC021913-04.2 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and RCGJO Amateur Softball Association
76. No. CC021913-04.3 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Black Hills Sports, Inc.
77. No. CC021913-04.4 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rapid City Youth Boxing, Inc.
78. No. CC021913-04.5 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Canyon Lake Little League, Inc.
79. No. CC021913-04.6 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Church Softball League
80. No. CC021913-04.7 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Harney League Sports, Inc.
81. No. CC021913-04.8 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rapid City Midget Football
82. No. CC021913-04.9 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Post 320 Baseball, Inc.
83. No. CC021913-04.10 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rapid City BMX, Inc.
84. No. CC021913-04.11 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rapid City High School Baseball, Inc.
85. No. CC021913-04.12 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rushmore Little League, Inc.
86. No. CC021913-04.13 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rapid City Soccer, Inc.
87. No. CC021913-04.14 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Rapid City Softball League Association, Inc.
88. No. CC021913-04.15 - Authorize Mayor and Finance Officer to sign Lease Agreement Between the City of Rapid City and Timberline Little League, Inc
BILLS
89. No. CC021913-01 Bill List for February 19, 2013
ADJOURN