AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., December 5, 2011
ROLL CALL AND DETERMINATION OF QUORUM
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for the November 21, 2011 regular Council meeting and to correct the minutes of November 7, 2011 to reflect the full text of Resolution No. 2011-137 Resolution of Vacation of Right-Of-Way as submitted by the Rapid City Planning Commission
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 - 104
Public Comment opened Items 2 - 43
Public Comment closed
CONSENT ITEMS Items 2 - 42
Remove Items from the Consent Items and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (None)
Alcoholic Beverage License Applications Set for Hearing (December 19, 2011)
Transfer
2. Tady LLC DBA Teddys Sports Grill, 826 Main Street for a Retail (on-sale) Liquor License TRANSFER from Colt 45 Entertainment LLC DBA Divas-n-Rockstars Karaoke Nightclub, 826 Main Street
New License for 2012
3. Running Supply, Inc DBA Lena's Liquor, 1020 N LaCrosse Street for a Package (off-sale) Liquor License
Retail (on-sale) Liquor License Renewal for 2012
4. Tady LLC DBA Teddys Sports Grill, 826 Main Street for a Retail (on-sale) Liquor License
5. Roadway LLC DBA Roadway LLC, 2208 Mt Rushmore Rd for a Retail (on-sale) Liquor License
6. Arnolds Inc DBA Buck-N-Gator, 4095 Sturgis Rd for a Retail (on-sale) Liquor License (RL-5878)
Public Works Committee Consent Items
7. No. PW112911-01 Approve October 2011 Water Reclamation Report.
8. No. PW112911-02 Approve Change Order No. 1F to Hills Materials Company for Jackson Boulevard Greenway Tract Utilities, Project No. SSW11-1959 / CIP No. 50856, for a decrease of $47,965.55.
9. No. PW112911-11 Approve Change Order No. 2 to RCS Construction Inc. for the WRF Primary Digester Cover Replacement, Project No. WRF10-1883 / CIP No. 50790, for an increase of $32,120.00 and an increase of 15 working days.
10. No. PW112911-12 Approve Change Order No. 1F to Mainline Contracting for Heights Drive Sanitary Sewer Extension, Project No. SS09-1831 / CIP No. 50777 for an increase of $64,790.28.
11. No. PW112911-03 Approve Application for Permit to Appropriate Water Within The State Of South Dakota for South Side Ditch Water Rights Transfer.
12. No. 11TP030 Approve 2012-2016 Transportation Improvement Program Amendment #12-002.
13. No. 11TP031 Approve 2012-2016 Transportation Improvement Program Amendment #12-003.
14. No. PW112911-04 Confirm Reappointment of Jean Kessloff to the Historic Preservation Commission.
15. No. PW112911-05 Confirm Reappointment of Pat Roseland to the Historic Preservation Commission.
16. No. PW112911-06 Confirm Appointment of Michelle Dennis to the Historic Preservation Commission.
17. No. PW111511-27 Approve division managers providing 5 to 7 minutes reports on a semiannual basis and committees would be developed on an as needed basis.
18. No. PW112911-07 Acknowledge Report - Ice Skating Fees at Main Street Square
19. No. PW112911-08 Acknowledge Report - On Street Parking Issues for Dahl Towers at 824 Columbus Street
20. No. PW112911-09 Acknowledge Report - Railroad Crossings.
21. No. PW112911-13 Authorize Lowering the Percentage of Work that the General Contractor must perform from 50% to 30% for the Water Reclamation Facility Pretreatment Improvements Construction and Installation Project; Project No. WRF11-1928 / CIP No. 50855.
22. No. PW112911-10a Request the Mayor to authorize staff to amend Section 12.40.100 of the Rapid City Municipal Code to address the removal of trees and storage of wood.
23. No. PW112911-10b Approve formalizing the process of establishing an incident command to address the mountain pine beetle issue within the City of Rapid City and property that could affect the City by January 1, 2012.
Legal & Finance Committee Consent Items
24. No. LF113011-01 - Acknowledge Capital Improvement Program Committee Monthly Update for November 2011
25. No. LF113011-02 - Acknowledge Capital Plan for Street, Drainage and MIP Projects for November 2011
26. No. LF113011-03 - Endorse the project submitted by Skyline Drive Preservation, Inc. to acquire the Olson property adjacent to Skyline Wilderness Area at a cost of $190,000 and approve an allocation not to exceed $95,000 from the Parks and Recreation CIP Fund to pay for half the cost of the land acquisition
27. No. LF113011-04 Approve $111,000.00 from FY2011 CIP Contingency for the Bike Path Lighting Project and to request the Mayor to authorize staff to initiate the engineering portion of the project
28. No. LF113011-05 Approve Resolution No. 2011-115 Writing Off Uncollectable Ambulance Billing Accounts and to request the Mayor to authorize staff to investigate within their ambulance billing bookkeeping system to determine whether or not their records reflect how many of these individuals were intoxicated or how many of these accidents were alcohol related and if not, to make changes to their system so that this can be determined in the future
29. No. LF113011-06 Approve Informal Name Change for the Rapid City Economic Development and Civic Improvements (2012) Fund
30. No. LF113011-07 Approve Resolution No. 2011-156A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
31. No. LF113011-08 Approve Resolution No. 2011-157 to Amend the Temporary Pay Matrix
32. No. LF113011-09 Approve Resolution No. 2011-154 to Establish the Position of Solid Waste/Recycling Education Coordinator
33. No. LF113011-10 Acknowledge Raffle Request from Western Resources for dis-ABLED Independence
34. No. LF113011-20 Approve Request that Common Council Ratify Kenna Eddy Subordination Agreement as Amended
35. No. LF113011-11 Confirm Appointment of Rod Pettigrew and Maryanne Rohrer to the Library Board for Three Year Terms Beginning January 1, 2012
36. No. LF113011-18 Confirm Appointment of Jeffrey Bailie to the Civic Center Board
37. No. LF113011-19 Acknowledge letter from Destination Rapid City.
38. No. LF113011-12 Authorize Mayor and Finance Officer to sign Vacation of Right of Way Petition with Destination Rapid City.
39. No. LF113011-13 Approve request by Rapid City Area Schools to have a proposed sign for General Beadle Community School Designated as a Public Purpose Sign Pursuant to Section 15.28.080(B)(10) of the Rapid City Municipal Code with the stipulation that the sign will not be used for commercial advertising.
40. Amend the official start time for City Council meetings to 6:30 p.m.
41. Acknowledge the report from Doyle regarding the Compass Committee.
42. No. LF113011-17 Deny the Notice of Public Hearing schedule for the suspension or revocation of the Fresh Start Convenience Stores Inc DBA Fresh Start-Rapid City, 520 Birch Ave (PB-1257) with the stipulation that the owner provide in writing to the City Council by December 5, 2011, his intention to withdraw his liquor and malt beverage license by December 31, 2011.
Community Planning and Development Services Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Item 43
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until December 19, 2011:
43. No. 11PL051 - A request by Renner & Associates, LLC for Hog Wild, Inc. for a Preliminary Plat for proposed Tracts 1-3 of Harley-Davidson Subdivision, legally described as Lots 1-3 of R&L Subdivision and a portion of the SW1/4 of Section 22 and a portion of the N1/2 of Section 27 located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Tatanka Road and Harley Drive.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 44 - 104
Public Comment opened Items 44 - 104
Public Comment closed
Ordinances
44. No. 11OA013 First Reading, Ordinance No. 5775, An Ordinance Adding Colleges and Universities as a Conditional Use in the Medium Density Residential Zoning District by Amending Section 17.12.030 of the Rapid City Municipal Code with an amendment to include private colleges and universities.
45. No. LF113011-15 First Reading, Ordinance No. 5773, Supplemental Appropriation #7 for 2011 with a request that the Mayor authorize staff to provide a preliminary profit and loss statement for the golf course restaurant to the City Council at the December 5, 2011, meeting.
46. No. LF113011-16 First Reading, Ordinance No. 5774, 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.
Community Planning and Development Services Department Items
47. No. 11PL059 - A request by Renner & Associates, LLC for Susan Lykken for a Preliminary Plat for proposed Lots 27R and 28R of Block 2 of Springbrook Acres, legally described as Lots 27 and 28 of Block 2 of Springbrook Acres located in the E1/2 of the NW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2727 & 2735 Jenny Gulch Road.
Legal & Finance Committee Items
48. Request the Mayor to authorize staff to assess whether or not the implementation of roofing permits has served its purpose and bring back a report to the December 14, 2011, Legal and Finance Committee meeting.
49. No. LF083111-33A Approve Resolution No. 2011-109 of Intent to Enter into Real Estate Exchange Agreement with Neighborhood Housing Services of the Black Hills, Inc. dba NeighborWorks Dakota Home Resources Pursuant to SDCL 9-27-34.1 by proceeding with staff recommended option No. 4 to auction the existing structure with the stipulation it be removed from the city limits, demolish the existing foundation, reclaim the land, and then proceed with a land exchange with NeighborWorks; with the stipulation that once the land exchange has been accomplished, NeighborWorks would agree to take back the deed to the community garden as a gratuitous transfer of real property to a nonprofit corporation under SDCL 6-5-2. NeighborWorks could then proceed with building affordable housing on the lot at 820 Lemmon Avenue. Any permit to construct a new structure would require it be built out of the flood plain pursuant to code requirements.
Public Works Committee Items
50. No. PW112911-14 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement Number 713770 with the SDDOT for the Rapid City Bike Trail Project, Project No. EM 8052(59) PCN 010E.
Bids
51. No. CC120511-02.1 12th Street Alley Sanitary Sewer Extension Project No. SS11-1937 / CIP 50854 (Opened on November 29, 2011)
52. No. CC120511-02.2 2012 Street Light Maintenance Contract, Traffic Engineering Division (Opened on November 29, 2011)
53. No. CC120511-02.3 Liquid Road Deicer, Street Division (Opened on November 29, 2011)
54. No. CC120511-02.4 Ice Sanding Material, Street Division (Opened on November 29, 2011)
Alcoholic Beverage License Applications for Reissuance
Retail (on-sale) Liquor Restaurant License Renewals for 2012
55. Black Hills BBQ, Inc. DBA Famous Dave's BBQ, 1718 Eglin Street for a Retail (on-sale) Liquor-Restaurant License
Retail (on-sale) Liquor License Renewals for 2012
56. Cortez LLC DBA Alex Johnson Hotel, 523 6th Street for a Retail (on-sale) Liquor License
57. Ugly Inc DBA Budd Ugly's, 321 7th Street for a Retail (on-sale) Liquor License
58. MG Oil Company DBA Clock Tower Lounge, 2525 W Main St for a Retail (on-sale) Liquor License
59. Michael O Wieseler DBA Horseshoe Bar, 1407 1/2 E North St for a Retail (on-sale) Liquor License
60. Hungrys Restaurants Inc DBA Marlins Roadhouse Grill, 2803 Deadwood Ave for a Retail (on-sale) Liquor License
61. Slainte LLC DBA Murphys Irish Pub, 510 9th St for a Retail (on-sale) Liquor License
62. Sodak Mex I Inc DBA On The Border, 1331 E North Street for a Retail (on-sale) Liquor License
63. Shiba Investments Inc DBA Radisson, 445 Mt Rushmore Rd for a Retail (on-sale) Liquor License
64. Lester Hospitality-Rapid City LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th St for a Retail (on-sale) Liquor License
65. Texas Roadhouse Holdings LLC DBA Texas Roadhouse, 2106 N Maple Ave for a Retail (on-sale) Liquor License
66. Sioux Restaurants LLC DBA TGI Fridays, 2205 N LaCrosse St for a Retail (on-sale) Liquor License
67. VFW DBA Rushmore Post 1273, 420 Main St for a Retail (on-sale) Liquor License
68. Kelly's Sports Lounge II Inc DBA Kelly's Sports II, 318-320 E Blvd for a Retail (on-sale) Liquor License
69. Kelly's Sports Lounge Inc DBA Kelly's Sports Lounge, 825 Jackson Blvd for a Retail (on-sale) Liquor License
70. Entertainment Inc DBA Robbinsdale Lounge, 801 E St Patrick St for a Retail (on-sale) Liquor License
71. A J Inc DBA Shotgun Willies, 2808 W Main St for a Retail (on-sale) Liquor License
72. Dublin Square Inc DBA Dublin Square, 504 Mt Rushmore Rd for a Retail (on-sale) Liquor License
73. RC Boston Company LLC DBA Boston's Restaurant & Sports Bar, 620 E Disk Dr for a Retail (on-sale) Liquor License
74. American Legion DBA American Legion, 818 E St Patrick St for a Retail (on-sale) Liquor License
Retail (on-off sale) Wine License Renewals for 2012
75. HK Buffet LLC DBA Coco Palace, 1900 N Maple Ave for a Retail (on-off sale) Wine License
76. WNRRC LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine License
77. Delmonico Grill Inc DBA Delmonico Grill, 609 Main St for a Retail (on-off sale) Wine License
78. Golden Fortune Inc DBA Golden Fortune Inc, 1118 East North Street for a Retail (on-off sale) Wine License
79. S & Y Inc. DBA Golden Phoenix Restaurant, 2421 W Main St for a Retail (on-off sale) Wine License
80. Frankie's LLC DBA Thirsty's, 819 Main St for a Retail (on-off sale) Wine License
81. Orris Enterprises Inc DBA Vino 100 & Tinder Box, 520 7th St for a Retail (on-off sale) Wine License
82. Wine Cellar Restaurant LLC DBA Wine Cellar Restaurant, 513 6th St for a Retail (on-off sale) Wine License
83. Yeung Inc DBA Imperial Chinese Restaurant, 702 E North St for a Retail (on-off sale) Wine License
84. R C Boston Company LLC DBA Hilton Garden Inn, 815 E Mall Dr for a Retail (on-off sale) Wine License
85. Downtown Rapid City Economic Development Co DBA Destination Rapid City, 606 Main Street for a Retail (on-off sale) Wine License
86. Dakota Thyme LLC DBA Dakota Thyme LLC, 502 Main St Ste 200 for a Retail (on-off sale) Wine License
87. Botticellis Ristorante Italiano Inc DBA Botticellis Ristorante Italiano, 523 Main St for a Retail (on-off sale) Wine License
88. Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 2520 W Main St for a Retail (on-off sale) Wine License
89. Mae Jean Adams DBA The Corn Exchange, 727 Main St for a Retail (on-off sale) Wine License
Package (off-sale) Liquor License Renewals for 2012
90. Walgreen Co. DBA Walgreens #09512, 1125 N LaCrosse St for a Package (off-sale) Liquor License
91. Cortez LLC DBA Alex Johnson Hotel, 523 6th St for a Package (off-sale) Liquor License
92. Debra J Erickson DBA Corner Pantry-LaCrosse St, 2130 LaCrosse St for a Package (off-sale) Liquor License
93. Lily Corp DBA Flowers by LeRoy, 2016 W Main St for a Package (off-sale) Liquor License
94. Bach Investments Inc DBA Hideaway Casino, 1575 N LaCrosse St Ste D for a Package (off-sale) Liquor License
95. Lester Hospitality-Rapid City LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th St for a Package (off-sale) Liquor License
96. Sams West Inc DBA Sam's Club #6565, 925 Eglin St for a Package (off-sale) Liquor License
97. Staple & Spice Market Inc DBA Staple & Spice Market, 601 Mt Rushmore Road for a Package (off-sale) Liquor License
98. Orris Enterprises Inc DBA Vino 100 & Tinder Box, 520 7th St #520 for a Package (off-sale) Liquor License
99. Safeway Stores 46 Inc DBA Safeway Store #581, 2120 Mt Rushmore Rd for a Package (off-sale) Liquor License
100. Safeway Stores 46 Inc DBA Safeway Store #1554, 730 Mt View Road for a Package (off-sale) Liquor License
101. Wal-Mart Stores Inc DBA Wal-Mart Supercenter #1604, 1200 N LaCrosse St for a Package (off-sale) Liquor License
102. Gentner & Salter LLC DBA The Wine Rack, 5734 Sheridan Lake Rd #202 for a Package (off-sale) Liquor License
Mayor's Items
103. No. CC120511-04.1 Set date for Vision Fund committee meeting (Rapid City Economic Development and Civic Improvements)
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
104. No. CC120511-03 Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 105 - 120
Open Public Hearing (comment) -- Items 105 120 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Item 105
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until December 19, 2011
105. No. 11SV018 - A request by Renner & Associates, LLC for Hog Wild, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb and gutter, pavement, sidewalk, sewer, water and street light conduit on Tatanka Road and to waive the requirement to install sidewalk, sewer, water and street light conduit for Harley Road and to waive the requirement to install sewer and water on Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code for proposed Tracts 1-3 of Harley-Davidson Subdivision, legally described as Lots 1-3 of R&L Subdivision and a portion of the SW1/4 of Section 22 and a portion of the N1/2 of Section 27 located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Tatanka Road and Harley Drive.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 105 - 120
CONSENT PUBLIC HEARING ITEMS Item 106 - 117
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning and Development Services Items (None)
Alcohol Licenses
Transfer
106. Dealer Exchange Inc DBA Rummy's, Rushmore Mall Space 478 (Space 478 & Private Courtyard, Lot 3B, Rushmore Mall) for a Retail (on-off sale) Wine License TRANSFER from Dealer Exchange Inc DBA Kaktus Kim's, Rushmore Mall Space 478 (Space 478, Lot 3B, Rushmore Mall)
107. Dealer Exchange Inc DBA Rummy's, Rushmore Mall Space 478 (Space 478 & Private Courtyard, Lot 3B, Rushmore Mall) for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Dealer Exchange Inc DBA Kaktus Kim's, Rushmore Mall Space 478 (Space 478, Lot 3B, Rushmore Mall)
108. Luo Corp DBA Great Wall Chinese Restaurant, 315 E North St for a Retail (on-off sale) Wine License TRANSFER from Yeung Inc DBA Great Wall Chinese Restaurant, 315 E North St
109. Luo Corp DBA Great Wall Chinese Restaurant, 315 E North St for a Retail (on-off sale) Malt Beverage License TRANSFER from Yeung Inc DBA Great Wall Chinese Restaurant, 315 E North St
New for 2012
110. Fat Boys Inc DBA Firehouse Brewing Co, 616 Main St for a Retail (on-off sale) Wine License
Retail (on-off sale) Wine License Renewals for 2012
111. Dakota Soda Company LLC DBA Dakota Soda Company, 512 Main St, Ste 130 for a Retail (on-off sale) Wine License (RW-19800)
112. Dealer Exchange Inc DBA Rummy's, Rushmore Mall Space 478, for a Retail (on-off sale) Wine License (Space 478 & Private Courtyard, Lot 3B, Rushmore Mall)
113. Luo Corp DBA Great Wall Chinese Restaurant, 315 E North St for a Retail (on-off sale) Wine License
Package (off-sale) Liquor License Renewals for 2012
114. Nauman Flying Service Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103 for a Package (off-sale) Liquor License (PL-4423)
115. Carol Enterprises Inc DBA Don's Valley Express #2, 3343 N Haines Ave for a Package (off-sale) Liquor License (PL-5089)
Special Event
116. Central Baseball Assn DBA Central Baseball Assn for a Special Event Malt Beverage License for an Event Scheduled for March 31, 2012 at the 109th Engineering Co. Group Armory, 3740 Range Road
Assessment Rolls
117. No. LF113011-14 Approve Resolution No. 2011-143B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 118 - 120
118. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk and street light conduit along the west side of the minor arterial street as it abuts NE1/4 NW1/4 of Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Country Road between West Nike Road and 143rd Avenue (11SV019)
119. No. 11SV019 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to allow platting of half of a right-of-way and to waive the requirement for curb, gutter, sidewalk and street light conduit along the west side of the minor arterial street as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1-133 of Teton Heights Subdivision, legally described as NE1/4 NW1/4 of Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Country Road between West Nike Road and 143rd Avenue.
120. No. 11VR003 - A request by Renner & Associates, LLC for Deluxe, LLC for a Vacation of Right-of-Way for a portion of N. Cherry Street right-of-way lying adjacent to Lot 1 of Block 16, a portion of Pine Street right-of-way lying adjacent to Lot 3 of Block 16, a portion of E. New York Street right-of-way and a portion of E. Chicago Street right-of-way lying adjacent to Lots 1-3 of Block 16 of Feigels Addition located in the SW1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 815 East New York Street.
BILLS
121. No. CC120511-01 Bill List for December 5, 2011
ADJOURN