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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, August 18, 2014
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, Judy Duhamel, Ward 5
1a Veteran of the Month, Ralph Schat, Ward 3
2. Rapid City Beautification Committee Yard of the Month Judy Konvalin, 521 Cleveland Street, Ward 1
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 - 54
Open Public Comment Items 3 - 40
Close Public Comment
CONSENT ITEMS Items 3 - 40
Remove Items from the Consent Items and Vote on Remaining Consent Items
3. Approve Minutes for the August 4, 2014 Regular Council meeting and the July 28, 2014 and July 30, 2014 Special Council meetings.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (September 2, 2014)
4. CCKT DBA Queen of Hearts Casino II, 316 East Boulevard, Suite 100 for a Retail (on-off sale) Malt Beverage License (InActive) TRANSFER from Carolyn's Casinos Inc DBA Carolyn's Casino Inc, 355 11th Street
5. Lawrence Adams and Tara Little DBA Rumours, Inc., 5509 Bendt Drive for a Retail (on-off sale) Wine License
6. Lawrence Adams and Tara Little DBA Rumours, Inc., 5509 Bendt Drive for a Retail (on-off sale) Malt Beverage License
7. Phatty McGee's Inc DBA Phatty McGee's Inc. 321 7th Street for a Retail (on-sale) Liquor License TRANSFER from Ugly Inc DBA Budd Ugly's, 321 7th Street
Public Works Committee Consent Items
8. No. PW081214-02 Confirm the Reappointment of Donna Kliche and the New Appointment of William Waugh to the Rapid City Area Air Quality Board.
9. No. PW081214-03 Approve Change Order #1F to JV Bailey Co. Inc. for Aspen Avenue Bridge Repairs, Project No. 13-2119 / CIP No. 50445, for an increase of $9,680.06.
10. No. PW081214-04 Approve Change Order #1F to J&J Asphalt Company for Debris Collection Site Damage Repair, Project No. 14-2181 / CIP No. 51027, for a decrease of $7,477.22.
11. No. PW081214-05 Authorize Staff to Advertise for Bids for Pavement Rehabilitation Project 1st and 2nd Street, Project No. 14-2204 / CIP No. 50844. Estimated Cost: $285,000.00.
12. No. PW081214-07 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Construction Professional Services for Seger Drive Reconstruction Dyess Avenue to 143rd Avenue, Project No. 13-2086 / CIP No. 50277.1-3, in the amount of $82,200.00.
13. No. PW081214-08 Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and Yasmeen Dream, LLC for Oversize Stormwater Drainage Channel Improvements.
14. No. PW081214-16 Authorize Mayor and Finance Officer to Sign Agreement and Release Entered Between Sweeny Building Investments and the City of Rapid City.
15. No. PW081214-17 Authorize Mayor and Finance Officer to Sign Agreement and Release Entered Between Fatter Boys, LLC and The City of Rapid City.
16. No. PW081214-18 Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Black Hills Power Inc. for an area along Jackson Boulevard.
17. No. 14TP026 Approve the 2015-2018 Transportation Improvement Program Final Report.
18. No. 14TP027 Approve the Market Research Study Draft Report.
19. No. 14TP028 Approve the Rapid City Origin-Destination Study Final Report.
20. No. PW081214-06 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and FMG Engineering for Construction Professional Services for Wildwood Drive Reconstruction, Project No. ST13-2118 / CIP No. 50453, in the amount of $9,905.00.
21. No. PW081214-11 Acknowledge Report Update on Stormwater Drainage Utility
22. No. PW081214-19 Acknowledge current list of Rural Service District properties and transfer the listed properties from the Rural Service District to the Urban Service District.
23. No. PW081214-14 Approve the request to allow Tax Increment Financing funds to be used for real property assembly costs including land acquisition for properties located at 105, 107, 111, 115, 121, & 125 E. St Joseph St. and 611 Maple Ave.
24. No. PW081214-15 Acknowledge Discussion on Traffic Light Safety Concerns at the Intersection of East Minnesota Street and Elk Vale Road
Legal & Finance Committee Consent Items
25. No. LF081314-01 Confirm Appointment of Chris Johnson and Reappointment of Tim Johnson and Kelly Knutson to the Hotel Business Improvement District (BID) Board
26. No. LF081314-02 Acknowledge Police Department's Approval of Special Event Permit Festival of Lights Parade
27. No. LF081314-03 Request Permission to Apply for and Accept if Awarded Two (2) Western States Fire Managers Grants for Wildland Fire Hazardous Fuel Reduction in Rapid City's Wildland Urban Interface Areas
28. No. LF081314-06 Resolution No. 2014-074A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
29. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Lancelot Johnson, Cary Andes-Speirs, Rose Rooks, Sandy Stanton, Darci Galligo, Emily Weber, Stacy Mellegard, Carol Merwin, George Larson, Monica Leitheiser, Codie Broome
30. No. LF081314-07 Authorize Mayor and Finance Officer to Sign FY2014 CDBG Contract 211 Helpline Center
31. No. LF081314-08 Authorize Mayor and Finance Officer to Sign FY2014 CDBG Contract Dakota Plains Legal Service
32. No. LF081314-09 Authorize Mayor and Finance Officer to Sign FY2014 CDBG Contract Behavior Management Systems
33. No. LF081314-10 Authorize Mayor and Finance Officer to Sign Agreement Between City and Mark Wortman Regarding Payment of a Planned Development Fee for Property Located at 2804 E. Fairmont Street and to Sign Similar Agreement for Property Located at 2805 Cactus Drive
34. No. 13RS031 Deny Appeal by Richard Bray of the Historic Preservation Commission's Recommended Denial of Roofing Permit at 1116 South Street.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
35. No. CC081814-02.1 Approve award of Total Bid for one new current year model Track Type Skid Steer Loader for Parks Division to Butler Machinery Company, the lowest responsible bidder meeting specifications, in the amount of 74,220.00
36. No. CC081814-02.2 Approve award of Total Bid for One (1) New Current Model Year 6x6 Sander with Plow and Wings, to the lowest responsible bidder, Sheehan Mack Sales & Equipment Inc., in the amount of $262,780.00.
37. No. CC081814-02.3 Approve award of Total Bid for Wood (Brush) Chipper, to the lowest responsible bidder, Vermeer High Plains, in the amount of $36,365.00
38. No. CC081814-02.4 - Approve award of Total Bid for a Compact Tracked Loader, to the lowest responsible bidder, Jenner Equipment, in the amount of $81,756.00.
39. No. CC081814-02.5 Approve award of Schedule B Total Bid for Wildwood Drive Reconstruction Project Phase 1, Project No. 13-2118 / CIP No. 50453 opened on August 12, 2014, to the lowest responsible bidder, Site Works Specialists, Inc., in the amount of $918,011.18.
40. No. CC081814-02.6 Approve award of Total Bid for South Robbinsdale Drainage Projects., Project No. 14-2184 / CIP No. 50425 opened on August 12, 2014, to the lowest responsible bidder, R.C.S. Construction, Inc., in the amount of $201,837.04.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 41 - 54
Open Public Comment Items 41 - 54
Close Public Comment
41. No. LF073014-31 Second Reading, Ordinance No. 6005, An Ordinance to Establish a Community Investment Committee by Adding Section 2.24.090 to the Rapid City Municipal Code.
42. No. LF073014-32 Second Reading, Ordinance No. 6006 An Ordinance to Establish a Strengthening Families Committee by Adding Section 2.24.100 to the Rapid City Municipal Code.
43. No. LF073014-30 First Reading, Ordinance No. 5999, FY2015 Appropriation Ordinance.
44. No. 14OA006 First Reading, Ordinance No. 6001, An Ordinance Amending Provisions Concerning the General Provisions of Subdivisions by Amending Chapter 16.04.090 of the Rapid City Municipal Code
Community Planning & Development Services Department Items
45. No. 14PL039 - A request by Sperlich Consulting Inc. for ZCO Incorporated for a Preliminary Subdivision Plan for proposed Lots 2 thru 4 of Block 14 and Lots 2 thru 4 of Block 16 of Elks Country Estates, legally described as a portion of Tract 1 of the E1/2 of Section 16, located in the SE1/4 of the SE1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Jolly Lane and Padre Drive.
46. No. 14PL041 - A request by Sperlich Consulting, Inc. for Tony Marshall for a Preliminary Subdivision Plan for proposed Lots 3A, 3B, 3C, 3D, 3E, 4A, 4B, 5A, 5B, 6A, 7A, 78B, 8A, 8B, 8C, 9A, 9B, 9C, 9D, 9E of Block 1 of Tower Ridge 2, legally described as Lots 3 through 9 of Block 1 of Tower Ridge 2, located in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the terminus of Table Rock Road.
47. No. 14PL042 - A request by Dream Design International, Inc. for a Preliminary Subdivision Plan for proposed Tracts F, H and L, Lots 11A, 11B, 12A, 12B, 13A, 13B, 14A, 14B, 15A, 15B, 16A and 16B of Block 2, Lots 2 thru 18 of Block 3, Lots 2 thru 24 of Block 4, Lots 1A and 1B of Block 5 of Orchard Meadows, legally described as that part of the N1/2 of the SW1/4 of the NE1/4, less Stekl Subdivision, less Orchard Meadows, less railroad right-of-way, less Lot H1 and H2; the S1/2 of the SW1/4 of the NE1/4, less Lot H1, the S1/2 of the SE1/4 of the NW1/4 of the SW1/4 and the W1/2 of the SE1/4, less Tract A of the E1/2 of the SW1/4 and the W1/2 of the SE1/4, less Lot H1 in the NE1/4 of the SW1/4, less Lot H1 in the S1/2 of the SE1/4 of the NW1/4, less Lot H2 in the SE1/4 of the SW1/4 of the NE1/4, less Lot 1 of Wally Byam Addition, and Lot 1, less Tract A and Tract B of Orchard Meadows of Wally Byam Addition all located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of S.D. Highway 44 and east of Elk Vale Road.
Legal & Finance Committee Items
48. No. LF081314-11 Authorize Mayor and Finance Officer to Sign Amendment to Loan and Infrastructure Development Agreement between City of Rapid City and Dakota Heartland, Inc. for Time Extension.
Committee Motion: Refer without recommendation, carried unanimous
49. No. LF073014-29 Resolution No. 2014-073 Resolution of Intent to Take the Statutorily Authorized Increase in Property Tax Revenue as Part of the Annual Appropriation Ordinance for 2015.
Committee Motion: Deny, carried 4-1
50. No. LF081314-12 Request for Property Tax Abatement as Follows: Tammy Egermier, Refund of Property Taxes.
Committee Motion: Deny, carried 4-1
Public Works Committee Items
51. No. PW081214-13 Resolution No. 2014-075 A Resolution To Set The Unit Financial Charge For The Stormwater Drainage Utility Fee For Properties In The Rural Service District.
Committee Motion: Refer without recommendation, carried 3-0-1
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Alcoholic Beverage License Applications
Council Items & Liaison Reports
Motion for Delivery of Items from Committee
52. No. CC081814-04.3 - Authorize Staff to Advertise for Bids for Water and Sewer Main Extension Plum Tree Lane Project #14-2151 / CIP 50961.1. Estimated Cost: $140,000.
53. No. CC081814-04.1 - Presentation on Civic Center Expansion and Fire Stations Financing Dougherty & Co.
54. No. CC081814-04.2 - Staff Direction to Draft Needed Ordinance Amendments
Planning Commission Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 55 - 64
Open Public Hearing - Items 55 - 64 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 55 - 64
CONSENT PUBLIC HEARING ITEMS Item 55 - 63
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
55. Rapid City Area Schools DBA WDT Foundation for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for August 26, 2014 at WDT Foundation, 800 Mickelson Drive
56. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for September 9, 2014 at South Dakota School of Mines & Technology, 501 E St Joseph Street
57. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for September 18, 2014 at Black Hills Visitor Information Center, 1851 Discovery Circle
58. Performing Arts Center of Rapid City DBA Performing Arts Center of Rapid City, 601 Columbus Street for a Retail (on-off sale) Wine License
59. Performing Arts Center of Rapid City DBA Performing Arts Center of Rapid City, 601 Columbus Street for a Retail (on-off sale) Malt Beverage License
60. Fresh Start Convenience Stores, Inc DBA Fresh Start-Discount Smoke & Beer, 418 Knollwood Drive for a Package (off sale) Malt Beverage License
61. No. LF081314-04 Resolution No. 2014-065B Levying Assessment for Cleanup of Miscellaneous Property
62. No. LF081314-05 Resolution No. 2014-066B Levying Assessment for Cleanup of Miscellaneous Property
63. No. LF073014-15 Resolution No. 2014-062B Levying Assessment for Downtown Business Improvement District 2014 (Continued from 8/4/14 Council)
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 64
64. No. 14RZ007 Second Reading, Ordinance 6000, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Tony Marshall from General Commercial District to Office Commercial District for Lots 3 through 9 of Block 1 of Tower Ridge 2 generally described as being located 7045 and 7201 S. US Highway 16.
65. No. CC081814-01 Bill List for August 18, 2014