AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, December 16, 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. Veteran of the Month A1C Kristen M. Nielsen and SSgt Hershell J. Smith, Ellsworth Air Force Base
2. Employee Awards
3. Community Connection Award to Rapid Transit System
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.
Mayor's Items
4. No. CC121613-04.2 Foreign Trade Zone/Customs and Border Protection Report Attached Ben Snow, Rapid City Economic Development Partnership
NON-PUBLIC HEARING ITEMS -- Items 5 53
Open Public Comment Items 5 - 40
Close Public Comment
CONSENT ITEMS Items 5 - 40
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
5. Approve Minutes for the December 2, 2013 Regular Council meeting and the November 25, 2013 Special Council (Retreat) meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (NONE)
Public Works Committee Consent Items
6. No. PW112613-12 Approve Change Order #1 to Scull Construction Services Inc. for Rapid City Landfill Citizen Campus Construction, Project No. SW01-2012, for an increase of $200,313.39.
7. No. PW121013-03 Approve Change Order #1F to Dakota Barricade for 2013 Pavement Marking Lane Line Painting, Project No. 13-2083 / CIP No. 50594, for a decrease of $84.60.
8. No. PW121013-04 Authorize Staff to Advertise for Bids for Low Level Water System Pressure Sustaining Valve, Project No. 13-2130 / CIP No. 51015. Estimated Cost: $70,000.
9. No. PW121013-05 Authorize Staff to Advertise for Bids for Wisconsin Avenue, Nathan Court & Stearns Court Street & Utility Reconstruction, Project No. 12-2063 / CIP No. 50421.3-3. Estimated Cost: $1,250,000.
10. No. PW121013-06 Authorize Staff to Advertise for Bids for Omaha Street / West Boulevard Intersection Reconstruction Utilities, Project No. 14-2097 / CIP No. 50955. Estimated Cost: $175,000.
11. No. PW121013-07 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FMG Inc. for Design and Bidding Professional Services for Water and Sewer Extension Projects, Project No. 13-2100 / CIP No. 50961, in the amount of $143,700.
12. No. PW121013-08 Authorize Mayor and Finance Officer to Sign Joint Powers Maintenance, Encroachment, and Financial Agreement between the City of Rapid City and Department of Transportation for the Omaha Street / West Boulevard Intersection Reconstruction Utilities, Project No. 14-2097 / CIP No. 50955, DOT Project No. 1902(65)0 PCN 03AZ.
13. No. PW121013-09 Authorize Mayor and Finance Officer to Sign Covenant Agreement between the City of Rapid City and Discovery Circle, LLC, Regarding Ownership and Maintenance of Storm Water Detention Ponds Located in Lots 8 and 12 of Discovery Subdivision.
14. No. PW121013-10 Acknowledge Letter from South Dakota Department of Environment and Natural Resources.
15. No. PW121013-11 Authorize Mayor and Finance Officer to sign Amendment #1 to Agreement Between the City of Rapid City and Gill Design Inc, for Planning, Design, and Construction Administration Professional Services for Meadowbrook Golf Course Ten Year Capital Improvement/Maintenance Plan and Bunker Improvements Phase One, Project No. PR12-6101 / CIP No. 50938.
16. No. PW121013-12 Authorize Mayor and Finance Officer to sign Amendment #1 to Agreement Between the City of Rapid City and Wyss Associates, Inc. for Planning, Design and Construction Administration for Sweet Creek Trail Project No. PR12-6102 (Time Extension).
17. No. PW121013-15 Acknowledge Discussion on Monthly Enterprise Fund Financial Reports
18. No. PW121013-14 Acknowledge Update on Winter Storm Atlas Cleanup Operations
Legal & Finance Committee Consent Items
19. No. LF121113-01 Confirm Appointments of Donna Fisher and Fred Whiting to Serve on the Journey Museum Board
20. No. LF121113-18 Approve Event Permit for Rapid City Downtown Association Free Parking on December 23 & 24, 2013
21. No. LF121113-02 Authorize the Fire Chief to Enter into Agreements Authorizing Use of the Emergency Responder Training Center
22. No. LF121113-03 Authorize Mayor and Finance Officer to Sign Combined Election Agreement with Pennington County for the 2014 Municipal Election to be Held on June 3, 2014
23. No. LF121113-04 Authorize Mayor and Finance Officer to Sign Grant Application with Deadwood Historic Preservation Commission and Accept if Awarded (for Pap Madison Cabin at Journey Museum)
24. No. LF121113-05 Resolution No. 2013-122 Writing Off Uncollectible Accounts Receivable Accounts
25. No. LF121113-06 Resolution No. 2013-123A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
26. No. LF121113-07 approve 2014 Property, Liability and Excess Worker Comp Insurance Renewals.
27. No. LF121113-08 Resolution No. 2013-124 to Amend the City of Rapid City's Compensation Plan by Reclassifying Positions
28. No. LF121113-09 Resolution No. 2013-125 to Amend the City of Rapid City Compensation Plans by Establishing New Positions
29. No. LF121113-10 Resolution No. 2013-126 to Approve Recommendations to Address Specific Compensation Issues within the Police and Fire Departments
30. No. LF121113-11 Resolution No. 2013-127 to Approve Compensation Study for City of Rapid City Non-Union Positions and Authorize Mayor and Finance Officer to Sign Memorandum of Agreement with Condrey and Associates, Inc. in the Amount of $36,000
31. No. LF121113-12 Authorize Mayor and Finance Officer to Sign FY2013 Community Development Block Grant (CDBG) Contract for the Salvation Army
32. No. 13TP057 Authorize Mayor and Finance Officer to Sign the Professional Services Agreement between Felsburg, Holt and Ullevig for the Long Range Transportation Plan Origin and Destination Study in an Amount not to Exceed $75,000
33. No. 13TP058 Authorize Mayor and Finance Officer to Sign the Professional Services Agreement between BBC Research and Consulting for the Long Range Transportation Plan Market Research Study in an Amount not to Exceed $90,000
34. No. LF121113-13 Authorize Mayor and Finance Officer to Sign Agreement Assigning Rights, Responsibilities and Obligations Concerning Tax Increment District Fifty-Six from Midland Rushmore LLC to Rushmore Crossing TIF Developer LLC
35. No. LF121113-14 Approve Request from Alliance of Tribal Tourism Advocates (ATTA) to Authorize Mayor and Finance Officer to Sign Agreement for the Completion of the Pow Wow Grounds and the Native Arts Market Funded in Part through the Rapid City Vision Fund.
36. No. LF121113-17 Reject all proposals and authorize the Finance Office to request new RFP for Publishing Rates.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
37. No. CC121613-02.1 - Approve award of Total Bid for Aspen Bridge Repair Project, Project No. 13-2119 / CIP No. 50445 opened on December 10, 2013, to the lowest responsible bidder, J.V. Bailey Co. Inc., in the amount of $257,571.00.
38. No. CC121613-02.2 - Approve award of Total Bid for Concrete Panel Repairs, Project No. 13-2131 / CIP No. 50445 opened on December 10, 2013, to the lowest responsible bidder, Brewer Construction, in the amount of $76,384.54.
39. No. CC121613-02.3 - Approve award of Base Bid Plus Alternate 2 for the Street Light Maintenance Contract opened on December 10, 2013, to the lowest responsible bidder, Conrad's Bid C Signs Inc., in the amount of $58,419.50.
40. No. CC121613-02.4 - Approve award of Total Bid for the Ten (10) Citizen Campus Roll Off Bins opened on December 10, 2013, to the lowest responsible bidder, Wastequip Manufacturing Company LLC, in the amount of $60,900.00.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 41 - 53
Open Public Comment Items 41 - 53
Close Public Comment
Ordinances
41. No. PW112613-21 Second Reading, Ordinance No. 5975, An Ordinance to Change the Organizational Makeup of the Department of Public Works by Amending Chapter 2.44 of the Rapid City Municipal Code.
42. No. LF112613-23 Second Reading, Ordinance No. 5971, Supplemental Appropriation #3 for 2013.
43. No. LF112613-24 Second Reading, Ordinance No. 5972, An Ordinance Amending Chapter 2.89 of the Rapid City Municipal Code by Amending Section 2.89.060 Concerning Membership and Terms of the Parks and Recreation Advisory Board and Adding Sections 2.89.070 and 2.89.080 Concerning Rapid City Beautification Committee and Rapid City Urban Wildlife Committee.
44. No. LF112613-25 Second Reading, Ordinance No. 5973, An Ordinance Amending Provisions Concerning the Rapid City Urban Forestry Board by Amending Sections 12.32.030 and 12.32.040 of the Rapid City Municipal Code.
45. No. LF112613-26 Second Reading, Ordinance No. 5969, An Ordinance Adopting Provisions Concerning Rapid City Public Libraries Board of Trustees by Adding Chapter 2.86 of the Rapid City Municipal Code.
46. No. LF121113-15 First Reading, Ordinance No. 5976, An Ordinance To Establish a Mobile Ice Cream Vendor License in the City of Rapid City by Adding Chapter 5.50 of the Rapid City Municipal Code.
47. No. LF121113-16 First Reading, Ordinance No. 5977, An Ordinance To Change the Process for City Authorization of Ice Cream Vending from Vehicles on City Streets from a Contract to a Mobile Ice Cream Vendor License by Amending Section 5.48.010 of the Rapid City Municipal Code.
48. No. 13RZ028 - First Reading, Ordinance 5974, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Fisk Land Surveying and Consulting Engineers, Inc for Black Hills Habitat for Humanity from Public District to Medium Density Residential District for Block 76 of North Rapid Addition No. 2, property generally located at 925 Dilger Avenue.
Community Planning & Development Services Department Items (NONE)
Public Works Committee Items
49. No. PW070913-07 Authorize Mayor and Finance Officer to Sign Resolution No. 2013-074 A Resolution of Necessity for the Acquisition of Public Right-of-Way Over Private Property for the Purpose of Constructing a Street and Other Public Infrastructure Through the Exercise of Eminent Domain. (Enchanted Pines Drive) (Continued from the July 15, 2013 Council; Continued from the October 21, 2013 Council)
50. No. PW121013-13 Appeal of Denial of Request for an Exception from FMG, Inc. for GWH Properties, LLC to Allow a 10' Pedestrian and Utility Easement to be granted in lieu of dedicating an additional 10' of Right-of-Way on the South Side of Minnesota Street, as required by IDCM Figure 2-1, and allow the 8' wide minor drainage and utility easement to be located within the Pedestrian and Utility Easement, Lot 2 of Block 2 of Minnesota Park Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
Legal & Finance Committee Items
51. No. LF112613-22 Authorize Mayor and Finance Officer to Sign Fourth Addendum to the Master Development Agreement with President's Plaza L.L.C. (Continued from the December 2, 2013 Council)
52. No. CC121613-04.3 - Authorization for the Mayor and Finance Officer to Sign RSVP Grant Application and to Accept the Grant if Awarded.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
Alcoholic Beverage License Applications
Reissuance
Special Event
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
53. No. CC121613-04.1 Acknowledge move of the January 1, 2014 Legal & Finance Committee meeting to December 31, 2013 immediately following the Public Works Committee meeting.
Appeals
Planning Commission Appeals
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 54 - 63
Open Public Hearing - Items 54 - 63 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 54 - 63
CONSENT PUBLIC HEARING ITEMS Item 54 - 61
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
54. No. 13CA016 - A request by Fisk Land Surveying and Consulting Engineers, Inc for Black Hills Habitat for Humanity for an Amendment to the Comprehensive Plan to change the land use designation from Public to Residential for property generally located at 925 Dilger Avenue.
Alcohol Licenses
55. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for January 16, 2014 at Ketel Thorstenson LLC, 810 Quincy Street
56. Black Hills Chapter of Germans from Russia Heritage Society for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for February 23, 2014 at Blessed Sacrament Parish Center, 4500 Jackson Blvd.
57. Museum of the American Bison for a SPECIAL EVENT Wine License for an Event Scheduled for December 21-22, 2013 at Museum of the American Bison, 607 St Joseph Street
Retail (on-sale) Liquor License Renewals for 2014
58. Sodak Mex I Inc DBA On The Border, 1331 E North St for a Retail (on-sale) Liquor License (RL-6261)
59. ERJ Dining IV LLCC DBA Chili's Grill & Bar, 2120 N Haines Ave for a Retail (on-sale) Liquor License
Retail (on-off sale) Wine License Renewals for 2014
60. Frankie's LLC DBA Thirsty's, 819 Main for a Retail (on-off sale) Wine License (RW-6691)
61. Piesano's Pacchia Inc DBA Piesano's Pacchia, 3618 Canyon Lake Dr #121 for a Retail (on-off sale) Wine License (RW-6572)
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 62 - 63
62. No. 13RZ027 - Second Reading, Ordinance 5970, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc for Terry Batchelder from Flood Hazard District to Low Density Residential District for property generally located at north of the intersection of Creek Drive and East Saint Charles Street.
63. Kol, LLC DBA Kol, 504 Mt Rushmore Road for a Retail (on-sale) Liquor License TRANSFER from Dublin Square Inc DBA Dublin Square, 504 Mt Rushmore Road (RL-5884)
BILLS
64. No. CC121613-01 Bill List for December 16, 2013
ADJOURN