AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, October 7, 2013
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. Citizen of the Month, Anton Kaiser, Ward 3
2. October Breast Cancer Awareness Month Proclamation
3. World Habitat Day Proclamation
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 4 67
Open Public Comment Items 4 51
Close Public Comment
CONSENT ITEMS Items 4 51
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the September 16, 2013 Regular Council meeting and September 24, 2013 Special Council meeting.
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (October 21, 2013)
5. MG Oil Company DBA East North Casino, 230 E North Street for a Retail (on-off sale) Malt Beverage License TRANSFER from CMS LLC DBA The Hall Inn, 214 E St Joe Street (Inactive)
6. Rapid City Area Chamber for Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for December 3, 2013 at Suzie Cappa Art Center, 722 St Joseph Street
7. Dakotas Best & Brown Bag Deli, Inc DBA Dakotas Best, 2200 N Maple Avenue, Suite 242 for a Package (off-sale) Malt Beverage & SD Farm Wine License
Public Works Committee Consent Items
8. No. PW100113-02 Approve Change Order #5 to Dean Kurtz Construction Company for Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728, for an increase of $6,702.20.
9. No. PW100113-03 Approve Change Order #1F to Simon Contractors of SD Inc. for Pavement Rehabilitation Project Bel Aire Drive, Wayside Drive and Belmont Drive, Project No. 13-2071 / CIP No. 50549, for a decrease of $17,297.28.
10. No. PW100113-04 Approve Change Order #1F to Stanley J. Johnsen Concrete Contractor Inc. for Haines Avenue and North Street Joint Sealing and Panel Repair, Project No. 13-2093 / CIP No. 50445, for a decrease of $9,614.00.
11. No. PW100113-05 Approve Change Order #1F to Brewer Construction for the 2012-2013 ADA Compliance Project, Project No. 12-2078 / CIP No. 50761, for a decrease of $1,056.54.
12. No. PW100113-06 Authorize Staff to Advertise for Bids for Equipment Rental Rates for Snow Removal Operations. Estimated Cost: $50,000.00.
13. No. PW100113-07 Authorize Staff to Advertise for Bids for Seger Drive Reconstruction Dyess Avenue to 143rd Avenue, Project No. 13-2086 / CIP No. 50277.1-3. Estimated Cost: $6,850,000.00.
14. No. PW100113-08 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and American Engineering Testing Inc. for the 2013 Environmental Monitoring Landfill/MRF, Project No. 12-2036, in the amount of $1,850.00.
15. No. PW100113-09 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement between the City of Rapid City and TSP, Inc. for the Minnekahta Drive Area Watermain and Sanitary Sewer Reconstruction, Project No. 11-1980 / CIP No. 50826, in the amount of $20,325.00.
16. No. PW100113-10 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement between the City of Rapid City and HDR Engineering Inc. for Minnewasta Water Main Reconstruction and Street Rehabilitation Design and Bidding, Project No. 12-2060 / CIP No. 50383, in the amount of $5,554.00.
17. No. PW100113-23 Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and Lazy P6 Land Company, Inc., for Reimbursement of Oversize Costs Associated with the Extension of 5th Street South of Catron Boulevard.
18. No. PW100113-33 Authorize Mayor and Finance Officer to Sign Perpetual Conservation Easement Agreement Between the City of Rapid City and the Rapid City Area School District #51-4 For Property Located Near Parkview Drive and Enchanted Pines Drive for the Parkview Softball Complex.
19. No. PW100113-13 Approve With the Requirement to Sign a Waiver of Right to Protest a Request from Open Bible Christian Center for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 Along Sedivy Lane South of E. Saint Patrick Street for the Property Located at 2225 E. Saint Patrick Street.
20. No. PW100113-14 Approve With the Requirement to Sign a Waiver of Right to Protest a Request from Chris Long for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 Along Creek Drive for the Properties Located at 1708 & 1714 Creek Drive.
21. No. PW100113-15 Approve Permanent Utility Easement between the City of Rapid City and Black Hills Power, Inc. for an area at the Landfill.
22. No. PW100113-16 Approve Waiver of Right to Protest a future assessment for the installation of pavement, curb, gutter, street light conduit, and water along Cliff Drive as it abuts Lot 5R of Block 15 of Canyon Lake Heights Subdivision located in the SW1/4 of the SW1/4 of Section 9 and in the SE1/4 of the SE1/4 of Section 8, T1N, R7E, BHM, Pennington County, South Dakota for Matt Benne.
23. No. PW100113-17 Approve Waiver of Right to Protest a future assessment for the installation of pavement, curb, gutter, and street light conduit along North Plaza Drive as it abuts a portion of the S1/2 of the NE1/4 lying south of Interstate 90 Right-of-Way and a portion of the N1/2 of the SE1/4, all in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota for Franklin Simpson.
24. No. PW100113-18 Approve Renewal of Contract with EnviroTech Services Inc. for Liquid Road Deicer for one year.
25. No. PW100113-20 Authorize Mayor to Sign Settlement and Compliance Agreement in the matter of the May 10, 2013, Air Quality Violations by the City of Rapid City Landfill.
26. No. PW100113-11 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and HDR Engineering, Inc. for Design and Bidding Phase Professional Services for Water Reclamation Facility Trickling Filter and Effluent Solids Reduction Improvements, Project No. 13-2123 / CIP No. 50970, in the amount of $784,502.00.
Legal & Finance Committee Consent Items
27. No. LF100213-01 Confirm Appointment of Sam Cannon to the Hotel Business Improvement District (BID) Board
28. No. LF100213-02 - Acknowledge Capital Improvement Program Committee Monthly Update for September 2013
29. No. LF100213-03 - Approve Capital Plan for Street, Drainage and MIP Projects for September 2013
30. No. LF100213-04 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for September 2013
31. No. LF100213-05 - Approve Capital Plan for Government Buildings - Parks & Recreation for September 2013
32. No. LF100213-06 - Approve Capital Plan for Government Buildings CSAC for September 2013
33. No. LF100213-07 - Approve Capital Plan for Information Technology for September 2013
34. No. LF100213-09 Resolution No. 2013-093 Declaring Miscellaneous Personal Property Surplus
35. No. LF100213-10 Authorize the Finance Office to go Out for RFP's for Audit Services for the Year 2013, with the Option of Renewing for 2014 and 2015
36. No. LF100213-11 Acknowledge July 2013 Sales Tax Report
37. No. LF100213-12 Acknowledge August 2013 General Fund Cash Balance Report
38. No. LF100213-13 - Authorize Mayor and Finance Officer to Sign Life Safety Loan Agreement between SBP, LLC and the City of Rapid City and Authorize Finance Officer to Issue Treasurer's Check in the Amount of $18,160
39. No. LF100213-14 Resolution No. 2013-095 Cancelling Checks or Warrants Not Presented for Payment Within One Year of Date of Issuance
40. No. LF100213-15 - Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Behavior Management Systems
41. No. LF100213-16 - Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Canyon Lake Senior Center
42. No. LF100213-17 - Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Western Resources for disAbled Independence (WRDI)
43. No. LF100213-18 - Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Teton Coalition, Inc.
44. No. LF100213-19 - Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Working Against Violence, Inc. (WAVI)
45. No. LF100213-20 Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Youth & Family Services Kitchen HVAC
46. No. LF100213-21 Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Youth & Family Services Counseling Center
47. No. LF100213-22 - Authorize Mayor and Finance Officer to Sign Two (2) Original Copies of the FY 2013 Community Development Block Grant (CDBG) Contract for Dakota Plains Legal Services
48. No. LF100213-23 Authorize Mayor and Finance Officer to Sign Covenant for Cross-Use Agreement for Shared Parking and Access for Rippin' Rapids Waterpark and Hotel Complex
49. No. LF100213-24 Authorize Mayor and Finance Officer to Sign Assignment Agreement for Tax Increment District 70 with Alta Terra Development, LLC and BankWest Inc.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
50. No. CC100713-02.2 - Approve award of Total Base Bid for Pavement Rehabilitation Project Van Buren Street Area Project No. 13-2067 / CIP No. 50844, opened on October 1, 2013, to the lowest responsible bidder, J&J Asphalt Company, in the amount of $268,039.30.
51. No. CC100713-02.3 - Approve award of Total Base Bid for Ferric Chloride, opened on October 1, 2013, to Hawkins Water Treatment Group the lowest responsible bidder, in the amount of $27,386.25.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 52 67
Open Public Comment Items 52 - 67
Close Public Comment
Ordinances
52. No. 13RZ021 First Reading, Ordinance 5960, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Doyle Estes from Low Density Residential District to Medium Density Residential District for property generally described as being located northeast of Catron Boulevard and Highway 16 intersection.
53. No. 13RZ022 First Reading, Ordinance 5961, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Doyle Estes from General Agricultural District to Medium Density Residential District for property generally described as being located northeast of Catron Boulevard and Highway 16 intersection.
54. No. PW100113-22 First Reading, Ordinance No. 5965, An Ordinance to Create a Stormwater Drainage Utility and Institute a Stormwater Drainage Utility Fee by Adding a New Chapter 13.26 to Title 13 of the Rapid City Municipal Code.
55. No. LF100213-26 First Reading, Ordinance No. 5959, An Ordinance to Amend Chapter 15.04 of the Rapid City Municipal Code Concerning Administrative Provisions for Buildings and Construction.
56. No. LF100213-27 First Reading, Ordinance No. 5964, An Ordinance to Revise the Powers, Duties, and Process of the Human Relations Commission by Amending Chapter 2.64 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items
57. No. 13PL087 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Randy Al Long & Jan Lochridge Long for a Preliminary Subdivision Plan for Lots 47A and 48B of Village on the Green No. 2 Subdivision, for property generally described as being located at 23740 Mulligan Mile.
Legal & Finance Committee Items
58. No. LF100213-25 Request for Funding from the Council Contingency Fund to Pay for Production and Installation of a Brass Cast Eagle upon the Veteran's Memorial in Memorial Park.
Public Works Committee Items
59. No. PW100113-19 Approve Renewal of Contract with Pete Lien and Sons Inc. for Ice Sanding Material for one year.
60. No. PW100113-34 Authorize Mayor and Finance Officer to Sign a Covenant Agreement Between the City of Rapid City and MATS-4-U, LLC, to Permit an Electrical Service Box to Encroach into the Public Right of Way Adjacent to 312 Main Street.
61. No. PW100113-21 Authorize the Mayor and Finance Officer to sign a Memorandum of Agreement between the City of Rapid City and Rapid City BMX, Inc. for development of a BMX track near Founders Park, south of Omaha Street.
62. No. PW100113-12 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Freeland Meadows, LLC for the Prairie Meadows Oversize Water Main Transmission Main Cost Reimbursement, not to exceed $62,777.41.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
63. No. CC100713-04.1 - Approve Additional $510,000 Funding in 2013 for ASA Softball Project and Reallocation of $510,000 for Downtown Parking Ramp project from 2013 to 2014
Bids
64. No. CC100713-02.1 ASA Softball Parkview Addition, Project No. PR2012-2043 / CIP No. 50937
Alcoholic Beverage License Applications (Renewals) Items 65 - 67
2014 Retail (On Sale) Liquor License Renewals
65. City of Rapid City DBA Airport Restaurant & Lounge, 4550 Terminal Rd #206 for a Retail (on-sale) Liquor License
66. BDUBS LLC DBA Buffalo Wild Wings, 715 Mountain View Road for a Retail (on-sale) Liquor License
2014 Retail (On Sale) Liquor Auditorium License Renewals
67. Rushmore Plaza Civic Center Board DBA Rushmore Plaza Civic Center, 444 Mt Rushmore Rd N for a Retail (on-sale) Liquor License
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 68 - 69
Open Public Hearing - Items 68 - 69 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 68 - 69
CONSENT PUBLIC HEARING ITEMS Item 68
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
Assessment Rolls
68. No. LF100213-08 Approve Resolution No. 2013-082B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 69
69. No. 13PD034 - A request by Renner and Associates, LLC for Robert W. Akers for a Final Planned Development to allow an on-sale liquor establishment as part of a water park and hotel complex for Lots 1R2 and 2R2 of Block 1 of East Mall Business Center Subdivision and Tract H of Marshall Heights Subdivision #2, for property generally described as being located at 815 East Mall Drive and 620 East Disk Drive.
BILLS
70. No. CC100713-01 Bill List for October 7, 2013
ADJOURN