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City Council Policies and Procedures

 

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., March 4, 2013

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

AWARDS AND RECOGNITIONS

1.            Citizen of the Month

 

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 - 61

 

Public Comment opened – Items 2 - 44

Public Comment closed

 

CONSENT ITEMS – Items 2 - 44

 

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

 

Approve Minutes

2.            Approve Minutes for the February 19, 2013 Regular Council meeting.

 

Set for Hearing (March 18, 2013)

3.            No. 13TI001 - A request by Ferber Engineering Co., Inc. for North Street Fire Station, LLC for a 2nd Revised Project Plan for Tax Increment District No. 69 for property generally described as being located north of U.S. Interstate 90, east of LaCrosse Street and west of Dyess Avenue.

 

Alcoholic Beverage License Applications Set for Hearing (March 18, 2013)

4.            Joe Lowe DBA Reflections of South Dakota Gallery, 605 Main Street for a Package (off-sale) Malt Beverage and SD Farm Wine License

5.            Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for April 16, 2013 at Black Hills Works/Susie Cappa Center, 722 St Joseph Street

6.            Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for May 14, 2013 at Casey Peterson & Associates, 909 St Joseph Street, Suite 101

7.            Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for June 11, 2013 at Children's Care, 7110 Jordan Drive

8.            Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for July 9, 2013 at BankWest/BankWest Insurance, 311 Omaha Street

 

Public Works Committee Consent Items

9.            No. PW022613-02 – Authorize Staff to Advertise for Bids for 2012-2013 ADA Compliance Project, Project No. ADA12-2078 / CIP 50761. Estimated Cost: $100,000.00.

 

10.          No. PW022613-03 – Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project – Cliff Drive and Heights Drive Overlay, Project No. 13-2070 / CIP No. 50549. Estimated Cost: $100,000.00.

 

11.          No. PW022613-04 – Authorize Staff to Advertise for Bids for Silver Street Area Utility Improvements Phase 2 – Gold Street, Project No. 12-2020 / CIP No. 50828. Estimated Cost: $1,250,000.00.

 

12.          No. PW022613-05 – Authorize Mayor and Finance Officer to Sign Agreement between Doyle Estes and Kathryn Johnson and the City of Rapid City Extending Time for Development of Property. (Future Soccer Complex site)

 

13.          No. PW022613-06 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement between the City of Rapid City and FMG Inc. for Jackson Boulevard Utilities – Chapel Lane to Rapid Creek Bridge, Project No. SSW10-1837 / CIP No. 50177, in the amount of $237,817.00.

 

14.          No. PW022613-07 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 between the City of Rapid City and Ferber Engineering Company Inc. for Design Professional Services for West Chicago Street and Staton Place Reconstruction and Drainage Improvements, Project No. 12-1187 / CIP No. 50364, in the amount of $8,651.00.

 

15.          No. PW022613-08 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Construction Professional Services for West Chicago Street and Staton Place Reconstruction and Drainage Improvements, Project No. 12-1187 / CIP No. 50364, in the amount of $224,370.00.

 

16.          No. PW022613-09 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Fennell Design Inc. for Professional Services for Roosevelt Park 50-Meter Pool, Project No. 13-2090 / CIP No. 50948, in the amount of $306,500.00.

 

17.          No. PW022613-10 – 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.

 

18.          No. PW022613-11 – Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and SoDak Development Inc. for Water Main Easements for  the Airport Water Transmission Main Extension, Project One. 

 

19.          No. PW022613-13 – Approve Request from Brent Voorhees and Matt Benne for an Exception to Waive the Requirement to Install Sidewalk in an Access Easement per City Ordinance 12.08.060 for the Properties Located at 4560 Cliff Drive and 4670 Cliff Drive– Existing Lot AR of Lot 4R of Block 15 and Existing Lot 5R of Block 15, Canyon Lake Heights Subdivision, Section 8, T1N, R7E and Section 9, T1N, R7E, Rapid City, Pennington County, South Dakota.

 

20.          No. PW022613-15 – Authorize Staff to Submit an Application for a First Interstate BancSystem Foundation Grant for a Total of $3,878.00 to Increase Elementary School Student's Education for Recycling.

 

21.          No. PW022613-16 – Authorize Staff to Advertise for Bids for Current Model Star Screen Compost Screen for the Solid Waste Division.  Estimated Cost $450,000.00.

 

22.          No. PW022613-17 – Authorize Mayor and Finance Officer to Sign the Phase 2 Citizen Campus Scope of Services Agreement between the City of Rapid City and HDR Engineering Inc. for Supplemental Design and Construction Management Services, for a not-to-exceed total of $249,872.00.

 

23.          No. PW022613-18 – Renew Contract with Hills Materials Company for Hot Mixed Asphaltic Concrete for one year.

 

24.          No. PW022613-19 – Renew Contract with Hills Materials Company for Limestone Gravel for one year.

 

25.          No. PW022613-20 – Renew Contract with Pete Lien and Sons Inc. for Ready Mixed Concrete for one year.

 

26.          No. PW022613-21 – Renew Contract with Hawkins Inc. for Odor Control Chemical for Lift Stations for One Year.

 

27.          No. PW022613-24 – Authorize Staff to Advertise for Bids for the 2013-2015 Custodial Services in Various Parks Facilities.

 

28.          No. PW022613-14 – Approve Acceptance of Infrastructure for Promise Road and Offsite Sanitary Sewer Improvements – DEV12-1077.

 

29.          No. PW022613-23 – Approve a Memorandum of Agreement between the City of Rapid City and Derby Advertising Inc. dba Canyon Lake Resort, for park amenities in West Canyon Lake Park.

 

30.          No. PW022613-26 – Approve the Request with the stipulations of a residential fire suppression system and property fire mitigation for an Exception from Sperlich Consulting Inc. for Matt Benne and Brent Voorhees to Waive the Requirement to Install Additional Pavement Width and to Provide Additional Easement Width for the Proposed Access Easement for the Properties Located at 4560 Cliff Drive and 4670 Cliff Drive– Existing Lot AR of Lot 4R of Block 15 and Existing Lot 5R of Block 15, Canyon Lake Heights Subdivision, Section 8, T1N, R7E and Section 9, T1N, R7E, Rapid City, Pennington County, South Dakota.

 

31.          No. PW022613-27 – Acknowledge Report - Rapid Transit Division Update

 

32.          No. PW022613-29 – Request the Mayor to Authorize Staff to prepare changes to the TIF Guidelines and to provide a report at the March, 26, 2013, Public Works Committee Meeting.

 

Legal & Finance Committee Consent Items

33.          No. LF022713-01 – Acknowledge Capital Improvement Program Committee Monthly Update for February 2013

 

34.          No. LF022713-02 – Resolution No. 2013-016 Declaring Miscellaneous Personal Property Surplus

 

35.          No. LF022713-03 – Resolution No. 2013-019A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

 

36.          No. LF022713-04 – Acknowledge December 2012 Sales Tax Report

 

37.          No. LF022713-05 – Acknowledge January 2013 General Fund Cash Report

 

38.          Acknowledge the Following Volunteers for Worker's Compensation Purposes:  Bella Glissendorf, Cora Masterlark, and Temara Shaw

 

39.          Authorize Code Enforcement Division to Purchase 2013 Ford Explorer from McKie Ford for $25,452 (State Bid Match) 

 

40.          No. 13TP004/13TP005 – Approve 2013 Unified Planning Work Program Amendment #1 and Amendment 2013-01 to the 2013 Unified Planning Work Program Agreement 811209

 

41.          No. LF022713-08 – Approve Event Permit for Rapid City Triathlon on June 16, 2013.

 

42.          No. LF022713-09 – Authorize Mayor and Finance Officer to sign Resolution No. 2013-020. A Resolution of Intent to Purchase a Fire Truck from HME Incorporated

 

43.          No. LF022713-14 – Authorize Mayor and Finance Officer to sign the South Dakota Wildland Fire Suppression Agreement between the Wildland Fire Suppression Division of the South Dakota Department of Agriculture and the City of Rapid City

 

44.          No. LF022713-11 – Acknowledge update from Ben Snow regarding Rapid City Economic Development Partnership.

 

Community Planning & Development Services Department Consent Items (NONE)

 

Continued Consent Items (NONE)

 

END OF CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 45 - 61

 

Public Comment opened – Items 45 - 61

Public Comment closed

 

Ordinances

45.          No. LF021313-10 – Second 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.

 

46.          No. LF021313-11 – Second 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.

 

47.          No. LF022713-13 – First Reading, Ordinance No. 5914, Ordinance Amending Provisions Concerning Tax Increment Financing District Review Process Found in Chapter 3.26 of the Rapid City Municipal Code.

 

48.          No. 13RZ002 – First Reading, Ordinance 5911, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by a request by John Herr for G/GSA Inc. for a Rezoning from General Commercial District to Light Industrial District for property located at 4503 and 4507 South I-90 Service Road.

 

49.          No. 13RZ003 - First Reading, Ordinance 5912, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by a request by Tim Trithart for Community Health Center of the Black Hills for a Rezoning from Public District to Office Commercial District for property located at 725 E. Philadelphia Street.

 

Community Planning & Development Services Department Items

50.          No. 13PL006 - A request by Davis Engineering, Inc. for Donald and Carol Kobes for a Preliminary Subdivision Plan for property located at 2615 Homestead Street.

 

51.          No. 13PL008 - A request by FMG, Inc., for The Evangelical Lutheran Good Samaritan Society for a Preliminary Subdivision Plan for property generally described as being located south of East Minnesota Street, east of Wisconsin Avenue and west of Parkview Drive.

 

52.          No. 13PL010 - A request by Renner and Associates, LLC for Parkview Estate LLC for a Preliminary Subdivision Plan for property generally described as being located east of Parkview Drive south of Minnesota Street.

 

53.          No. 13PL012 - A request by Dream Design International, Inc. for a Preliminary Subdivision Plan for property generally described as being located west of the current western teminus of Conservation Way, north of New England Street and north of the current northern terminus of Summerfield Drive.

 

Legal & Finance Committee Items

54.          No. LF022713-06 – Authorize Mayor and Finance Officer to Sign Electric Cooperative Revenue Agreement with West River Electric and Black Hills Cooperative Electric.

 

55.          No. LF022713-10 – Request from Jackie Giago with Native Sun News to print City Council minutes.

 

56.          No. LF022713-12 – Art Alley Discussion

 

Public Works Committee Items

57.          No. PW022613-25 – Designate New Loading Zone at 626 6th Street per Property Owner's Request

 

Compass Committee Items

 

CIP Committee Items

 

Other Board, Commission & Committee Items

 

Bids

58.          No. CC030413-02.1 – Canyon Lake Dam Reconstruction Vision 2012 Phase Four, Project No. PW08-1743 / CIP No. 50739 (Opened on February 26, 2013)

 

59.          No. CC030413-02.2 – 30” Steel Water Main Cathodic Protection System (CPS) Rehabilitation, Project No. 12-2015 / CIP No. 50902 (Opened on February 26, 2013)

 

60.          No. CC030413-02.3 – 2012 Annual 4” Watermain Replacement, Project No. 12-1925 / CIP No. 50835 (Opened on February 26, 2013)

 

61.          No. CC030413-02.4 – One (1) Package (Off-Sale) Liquor License (Opened on February 25, 2013)

 

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

Sign Code Appeals

Other Appeals Heard by the Council

 

PUBLIC HEARING ITEMS – Items 62 - 72

 

Open Public Hearing (comment) -- Items 62 - 72 [Public Hearing Remains Open]

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Item 62

 

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

 

Continue the following items until March 18, 2013:

2013 Package (Off Sale) Liquor License Renewals

62.          Yellowrobe Enterprises LLC DBA Dacotah Liquors, 418 Knollwood Dr for a Package (off-sale) Liquor License

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 62 –72

 

CONSENT PUBLIC HEARING ITEMS – Item 63 - 70

 

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

 

Community Planning & Development Services Department Items

63.          No. 13CA001 - A request by John Herr for G/GSA Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Commercial to Industrial for property located at 4503 and 4507 South I-90 Service Road.

 

64.          No. 13CA002 - A request by Tim Trithart for Community Health Center of the Black Hills for an Amendment to the Comprehensive Plan to Change the land use designation from Public to Commercial for property located at 725 E. Philadelphia Street.

 

Alcohol Licenses

65.          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.

66.          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.

67.          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

68.          Derby Advertising Inc DBA Meadowbrook Pub & Grill, 3625 Jackson Blvd for a Retail (on-off sale) Wine License

69.          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

70.          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

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 71 - 72

71.          No. 12VR009 - Sections 26 and 27, T1N, R7E - A request by Highway 16 Properties, LLC to consider an application for a Vacation of a Section Line Highway for property generally described as being located west of South U.S. Highway 16 and south of Catron Boulevard.

 

72.          No. 13RZ001 – Second 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.

 

BILLS

73.          No. CC030413-01 – Bill List for March 4, 2013

 

ADJOURN