AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, November 3, 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. October Citizen of the Month, Henry Olivier, Ward 2
2. Recognition of Sister City Apolda, Germany
3. Extra mile Day Proclamation, Justin Speck Day
EXECUTIVE SESSION to consult with legal counsel about proposed or pending litigation pursuant to SDCL 1-25-2(3).
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.
4. No. CC110314-04.1 Project Report of Business Plan/Feasibility Study for the Proposed Blue Concept at the Rushmore Plaza Civic Center David Stone, AECOM Economics
NON-PUBLIC HEARING ITEMS -- Items 5 87
Open Public Comment Items 5 44
Close Public Comment
CONSENT ITEMS Items 4 44
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
5. Approve Minutes for the October 20, 2014 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (December 1, 2014)
6. No. 14VR004 - A request by Fisk Land Surveying and Consulting Engineers, Inc for Norman Hansen for a Vacation of Right of Way for property generally described as being 3 Main Street.
Alcoholic Beverage License Applications Set for Hearing (November 17, 2014)
7. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for December 18, 2014 at Premier Home Mortgage, 3024 Tower Road
2015 Retail (On Sale) Liquor License Renewals
8. Oasis Lounge Inc DBA Oasis Lounge, 711 Main Street for a Retail (on-sale) Liquor License
2015 Package (Off Sale) Liquor License Renewals
9. Moyle Petroleum Company DBA Sheridan Lake Common Cents, 2808 Sheridan Lake Blvd for a Package (off-sale) Liquor License
Public Works Committee Consent Items
10. No. PW102814-02 Approve Change Order #1F to Knife River for Pavement Rehabilitation Project College Ave, Hawthorne Ave, Franklin St, Project No. 14-2165 / CIP No. 50844, for a decrease of $25,179.57.
11. No. PW102814-03 Approve Change Order #2F to Hills Materials Company for Pavement Rehabilitation Project Sage and Sycamore, Project No. 14-2182 / CIP No. 50549, for a decrease of $11,947.86.
12. No. PW102814-04 Approve Change Order #1 to Stanley J Johnsen Concrete Contractors for Seger Drive Reconstruction Dyess to 143rd, Project No. 13-2086 / CIP No. 50277.1-3, for a decrease of $17,687.70.
13. No. PW102814-05 Authorize Staff to Advertise for Bids for Water Reclamation Sewer Jet Truck Purchase. Estimated Cost: $256,500.00.
14. No. PW102814-06 Authorize Staff to Advertise for Bids for 2013 Storm Damage Recovery Project Skylight Replacement, Project No. 14-2220 / CIP 50903. Estimated Cost: $743,481.00.
15. No. PW102814-07 Authorize Staff to Advertise for Bids for 2015 Street Light Maintenance Contract. Estimated Cost: $50,000.00.
16. No. PW102814-08 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Box Elder Drainage Basin Design Plan, Project No. 05-1451 / CIP No. 50360, in the amount of $249,480.00.
17. No. PW102814-09 Authorize Mayor and Finance Officer to Sign Consent to Cross a US Government Easement for Use By the City of Rapid City to Pothole a Waterline Easement Number USAF-ACC-FXBM-14-2-0535.
18. No. PW102814-10 Authorize the Public Works Director to enter into agreements on behalf of the City with property owners wishing to connect to the sanitary sewer system and/or the water system constructed as part of the Water and Sewer Main Extension Plum Tree Lane Project, Project No. 14-2151 / CIP No. 50961.1.
19. No. PW102814-11 Approve with the Requirement to Sign a Waiver of Right to Protest a Request from Bret McBride for Edward R. McBride of DakotaLand Auto Glass for a Variance to Waive the Requirement to Install Sidewalk East of Deadwood Avenue and North of Commerce Road for the property at 1565 Samco Road per City Ordinance 12.08.060.
20. No. PW102814-12 Renew Contract with Lind-Exco for Operated Equipment Rental for Street Snow Removal Operations for the 2014/2015 snow season.
21. No. PW102814-13 Authorize Mayor and Finance Officer to Sign Amendment to Lease Agreement Between the City of Rapid City and Black Hills Sports. (Fitzgerald Stadium)
22. No. PW102814-14 Approve Resolution No. 2014-104 entitled A Resolution to Approve Addition of Two Full Time Equivalent (FTE) Positions to the Department of Parks and Recreation per the Approved 2015 Budget.
23. No. PW102814-15 Authorize staff to advertise for bids for Skyline Wilderness Park Trailhead Development Project, PR13-1609 / CIP 51002.
Legal & Finance Committee Consent Items
24. No. LF102914-02 Acknowledge 20 Year Commemoration of Sister City Nikko City, Japan
25. No. LF102914-03 Acknowledge 20 Year Commemoration of Sister City, Apolda, Germany
26. No. LF102914-04 - Acknowledge Capital Improvement Program Committee Monthly Update for October 2014
27. No. LF102914-05 - Approve Capital Plan for Street, Drainage and MIP Projects for October 2014
28. No. LF102914-06 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for October 2014
29. No. LF102914-07 - Approve Capital Plan for Government Buildings - Parks & Recreation for October 2014
30. No. LF102914-08 - Approve Capital Plan for Parks & Recreation for October 2014
31. No. LF102914-09 - Approve Capital Plan for Government Buildings CSAC for October 2014
32. No. LF102914-10 - Approve Capital Plan for Information Technology for October 2014
33. No. LF102914-12 Approve Moving the Tuesday, November 11, 2014, Public Works Committee Meeting to Wednesday, November 12, 2014, Immediately Following the Legal and Finance Committee Meeting
34. No. LF102913-14 - Acknowledge September 2014 General Fund Cash Balance Report
35. No. LF102914-15 Resolution No. 2014-102 to Amend the City of Rapid City Compensation Plan by Establishing a New Position of Fire Mechanic (per the 2014 Budget)
36. No. LF102914-16 Resolution No. 2014-105 to Approve Adding One (1) Full Time Equivalent (FTE) to the Civic Center Head Count (per the 2015 Budget)
37. No. LF102914-17 Resolution No. 2014-106 to Approve Adding 1.00 Full Time Equivalent (FTE) to the Community Resources Head Count (per the 2015 Budget- No Additional FTE)
38. No. LF102914-18 Resolution No. 2014-107 to Amend the City of Rapid City Compensation Plan by Establishing an IT Analyst Supervisor Position
39. No. 14TP037 Approve the Final 2015 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization
40. No. 14TP038 Authorize Mayor and Finance Officer to Sign the Agreement between the City of Rapid City and the SDDOT for Accomplishing the Rapid City Area Transportation Planning Process in the Amount of $680,037
41. No. LF102914-20 Authorize Mayor and Finance Officer to Sign Memorandum of Understanding between the City of Rapid City and the Fraternal Order of Police, South Dakota Lodge #2A, Adjusting the Pay Scale for Sworn Personnel and Creating the Position of Police Officer II.
42. Request staff to review the general agricultural zoning areas in the city and prepare ordinance amendments if necessary regarding the keeping of livestock within the City.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
43. No. CC1103114-02.1 - Approve award of Total Bid for Pavement Rehabilitation Project Minnetonka Drive & Queen Heights Court Project No. 14-2217 / CIP No. 50844 opened on October 28, 2014, to the lowest responsible bidder, J&J Asphalt Company, in the amount of $120,248.15.
44. No. CC110314-02.2 - Approve award of Total Bid for Eglin Street Overlay Project Dyess Avenue to Lowry Lane Project No. 14-2216 / CIP No. 50798 opened on October 28, 2014, to the lowest responsible bidder, J&J Asphalt Company, in the amount of $100,277.00.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 45 - 87
Open Public Comment Items 45 - 87
Close Public Comment
Ordinances
45. No. LF101514-16 Second Reading, Ordinance No. 6014, Supplemental Appropriation No. 3 for 2014.
Recommendation: Approve, carried unanimous
46. No. LF102914-21 First Reading, Ordinance No. 6002, An Ordinance to Amend Chapter 15.14 of the Rapid City Municipal Code to Adopt the 2012 International Property Maintenance Code.
Recommendation: Approve, carried unanimous
47. No. LF102914-22 First Reading, Ordinance No. 6011, An Ordinance to Amend the Rapid City Gas Code by Amending Certain Provisions in Chapter 15.20 of the Rapid City Municipal Code.
Recommendation: Approve, carried unanimous
48. No. LF102914-23 First Reading, Ordinance No. 6017, An Ordinance to Adopt the 2012 International Building Code by Amending Chapter 15.12 of the Rapid City Municipal Code.
Recommendation: Approve, carried unanimous
49. No. 14RZ010 First Reading, Ordinance 6016, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for Countryside Homeowners Association for a Rezoning from No Use District to Low Density Residential District for all of Countryside Subdivision including Crossbill Circle, Kingbird Court, Meadowlark Drive, Pinon Jay Circle, Raven Circle, Raven Court, Sandpiper Drive, Tanager Court, Tanager Drive and Waxwing Lane Rights-Of-Way and all included and adjacent Rights-Of-Way located in Section 29, T1N, R7E, BHM, Pennington County, South Dakota; and a Tract of land situated immediately north of and adjacent to Sheridan Lake Drive, situated in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, with the west boundary thereof commencing at Sheridan Lake Road and proceeding north on the west boundary of said SW1/4 of the SE1/4 for a distance of 749 feet and then proceeding east on a line perpendicular to the west boundary of said SW1/4 of the SE1/4 for a distance of 1,000 feet and then proceeding due south for a distance of 319 feet to Sheridan Lake Drive and then proceeding west along the boundary of Sheridan Lake Drive to the point of beginning, and being a portion of Lot 2 of the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, shown on the plat filed in Plat Book 3, Page 197; excepting therefrom Lots H-1 and P-1 of said Lot 2 of the SW1/4 of the SE1/4 of said Section 29, shown on the plat filed in Highway Plat Book 6, Page 178, Pennington County, South Dakota, located north of Sheridan Lake Road between Muirfield Road and Clarkson Road.
Recommendation: Approve with Stipulation
Community Planning & Development Services Department Items (NONE)
Public Works Committee Items
50. No. PW102814-16 Discussion on Street Right-of-Way Improvements Made By Adjacent Property Owners and the Responsibility for Replacing these Improvements when Removed or Damaged During City Projects Aldermen Jerry Wright and Ritchie Nordstrom.
Recommendation: Forward without Recommendation, unanimous
Legal & Finance Committee Items
51. No. LF102914-19 Request from Rapid City Hens' for Proposed Pilot Program.
Recommendation: Forward without Recommendation, unanimous
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
Alcoholic Beverage License Applications Reissuance Items 52 - 85
2015 Retail (On Sale) Liquor License Renewals
52. Cortez LLC DBA Alex Johnson Hotel, 523 6th Street for a Retail (on-sale) Liquor License
53. Atlantis LLC DBA Fairfield Inn & Suites by Marriott, 1314 N Elk Vale Rd for a Retail (on-sale) Liquor License
54. Heinsel Investments LLC DBA Comfort Suites, 1333 N Elk Vale Rd for a Retail (on-sale) Liquor License
55. Meadowood Lounge Inc DBA Meadowood Lounge, 3809 Sturgis Rd for a Retail (on-sale) Liquor License
56. Shiba Investments Inc DBA Adoba, 445 Mt Rushmore Rd for a Retail (on-sale) Liquor License
57. City of Rapid City DBA Airport Restaurant & Lounge, 4550 Terminal Rd #206 for a Retail (on-sale) Liquor License
58. Shooters Inc DBA Shooters Wood Fire Grill, 2424 W Main St for a Retail (on-sale) Liquor License (InActive)
59. Shooters Inc DBA Shooters, 2504 W Main St for a Retail (on-sale) Liquor License
60. Dakotah Steakhouse LLC DBA Dakotah Steakhouse for a Retail (on-sale) Liquor License
61. Red Lobster Hospitality LLC DBA Red Lobster #460, 120 Disk Drive for a Retail (on-sale) Liquor License
62. Fresch Inc DBA Joes Place, 4302 S Hwy 79 for a Retail (on-sale) Liquor License
63. Colonial House Inc DBA Colonial House, 2501 Mt Rushmore Rd for a Retail (on-sale) Liquor License
64. WR Rapid City Ventures LP DBA Minerva's Bar & Restaurant, 2111 N LaCrosse St for a Retail (on-sale) Liquor License
65. Nupow Inc DBA The Outpost, 4095 Sturgis Rd for a Retail (on-sale) Liquor License
66. Loyal Order of Moose DBA Loyal Order of Moose, 841 E St Patrick St for a Retail (on-sale) Liquor License
2015 Retail (On Sale) Liquor - Convention License Renewals
67. Rushmore Plaza Civic Center Board DBA Rushmore Plaza Civic Center, 444 Mt Rushmore Rd for a Retail (on-sale) Liquor License
2015 Package (Off Sale) Liquor License Renewals
68. Cortez LLC DBA Alex Johnson Hotel, 523 6th Street for a Package (off-sale) Liquor License
69. Atlantis LLC DBA Fairfield Inn & Suites by Marriott, 1314 N Elk Vale Rd for a Package (off-sale) Liquor License
70. Skyway Enterprises Inc DBA AmericInn Motel, 1632 Rapp St for a Package (off-sale) Liquor License
71. Wisdom Inc DBA Country Inn & Suites by Carlson-RC, 2321 N LaCrosse St for a Package (off-sale) Liquor License
72. Wal-East Development Inc DBA Jackpot Casino Too, 1415 N LaCrosse St #3 for a Package (off-sale) Liquor License
73. Moyle Petroleum Company DBA North Street Smoke Shop, 634 E North Street for a Package (off-sale) Liquor License
74. Running Supply Inc DBA Runnings Farm & Fleet, 1020 N LaCrosse St for a Package (off-sale) Liquor License
2015 Retail (On-Off Sale) Wine License Renewals
75. Luo Inc DBA Great Wall Restaurant, 315 E North St for a Retail (on-off sale) Wine License
76. Sumo Corp DBA Sumo Corp, 214 E Saint Joseph Street for a Retail (on-off sale) Wine License
77. Hana Corp DBA Hana, 3550 Sturgis Rd for a Retail (on-off sale) Wine License
78. Frankie's LLC DBA Thirsty's, 819 Main for a Retail (on-off sale) Wine License
79. Dakotah Steakhouse LLC DBA Dakotah Steakhouse, 1325 N Elk Vale Rd for a Retail (on-off sale) Wine License
80. Diamond Hospitality LLC DBA Howard Johnson Inn & Suites, 950 North St for a Retail (on-off sale) Wine License
81. Late Harvest Inc DBA Tally's Silver Spoon, 530 6th Street for a Retail (on-off sale) Wine License
82. Trifecta Group LLC DBA Delmonico Grill, 609 Main St for a Retail (on-off sale) Wine License
83. Robert Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Blvd for a Retail (on-off sale) Wine License
84. WR Rapid City Ventures LP DBA Oakleaf Beer Garden, 2111 N LaCrosse St for a Retail (on-off sale) Wine License
85. Rumours Inc DBA Rumours, 5509 Bendt Dr Ste 305 for a Retail (on-off sale) Wine License
Mayor's Items
86. No. LF102914-01 - Confirm Appointment of David Kneafsey as Mayor's Executive Assistant/Program Coordinator
Recommendation: Approved at 10/29/14 L&F Committee, Unanimous
87. Administer Oath of Office David Kneafsey, Executive Assistant/Program Coordinator
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 88 - 94
Open Public Hearing - Items 88 - 94 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 88 - 94
CONSENT PUBLIC HEARING ITEMS Item 88 - 93
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
88. Slainte LLC DBA Murphys Bar & Grill II, 510 9th Street for a Retail (on-sale) Liquor License TRANSFER from Two Lefties & Panchos Mexican Grille DBA Pancheros Mexican Grill, 1221 West Omaha (InActive)
89. Fresh Start Convenience Stores Inc DBA Don's Valley Express, 3343 N Haines Ave for a Package (off-sale) Liquor License TRANSFER from Carol Enterprises Inc DBA Don's Valley Express #3, 3343 N Haines Avenue
90. Fresh Start Convenience Stores Inc DBA Don's Valley Market, 747 Timmons Blvd for a Package (off-sale) Liquor License TRANSFER from Carol Enterprises Inc DBA Valley Liquor, 747 Timmons Blvd
91. Fresh Start Convenience Stores Inc DBA Don's Valley Express, 4030 Cheyenne Blvd for a Package (off-sale) Malt Beverage License TRANSFER from Carol Enterprises Inc DBA Don's Valley Express, 4030 Cheyenne Blvd
Assessment Rolls
92. No. LF102914-13 Resolution No. 2014-088B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
93. Acknowledge Applicant's Withdrawal of Main Street Square for a SPECIAL EVENT Wine and Malt Beverage License for a Special Event scheduled for May 28, 2015, June 4, 2015, June 11, 2015, June 18, 2015, June 25, 2015, July 2, 2015, July 9, 2015, July 16, 2015, July 23, 2015, July 30, 2015, August 6, 2015, August 13, 2015, August 20, 2015 and August 27, 2015 (14 individual events) on 526 Main Street between 5th Street and 7th Street and Main Street and Apolda Street
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 94
94. No. 14AN004 Approve a request by Countryside Home Owner's Association and Robert Paulson for a Petition for Annexation for all of Countryside Subdivision including Crossbill Circle, Kingbird Court, Meadowlark Drive, Pinon Jay Circle, Raven Circle, Raven Court, Sandpiper Drive, Tanager Court, Tanager Drive and Waxwing Lane Rights-Of-Way and all included and adjacent Rights-Of-Way located in Section 29, T1N, R7E, BHM, Pennington County, South Dakota; and a Tract of land situated immediately north of and adjacent to Sheridan Lake Drive, situated in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, with the west boundary thereof commencing at Sheridan Lake Road and proceeding north on the west boundary of said SW1/4 of the SE1/4 for a distance of 749 feet and then proceeding east on a line perpendicular to the west boundary of said SW1/4 of the SE1/4 for a distance of 1,000 feet and then proceeding due south for a distance of 319 feet to Sheridan Lake Drive and then proceeding west along the boundary of Sheridan Lake Drive to the point of beginning, and being a portion of Lot 2 of the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, shown on the plat filed in Plat Book 3, Page 197; excepting therefrom Lots H-1 and P-1 of said Lot 2 of the SW1/4 of the SE1/4 of said Section 29, shown on the plat filed in Highway Plat Book 6, Page 178, Pennington County, South Dakota., located north of Sheridan Lake Road between Muirfield Road and Clarkson Road.
Recommendation: Approve with Stipulations
BILLS
95. No. CC110314-01 Bill List for November 3, 2014
ADJOURN