AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., November 5, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month
2. Extra Mile Day Proclamation
EXECUTIVE SESSION to consult with legal counsel about proposed or pending litigation pursuant to SDCL 1-25-2(3)
2a. No. CC110512-04.4 - Direction to staff on alleged copyright infringement claim made by Linda Ellis.
STAFF DIRECTION
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
3. No CC110512-04.3 - Rapid City Library Board Semi-Annual Update Greta Chapman, Library Director; Jim Olson, Chairperson; Rod Pettigrew, Vice Chairperson
NON-PUBLIC HEARING ITEMS -- Items 4 - 89
Public Comment opened Items 4 - 67
Public Comment closed
CONSENT ITEMS Items 4 - 67
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the October 15, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (December 3, 2012)
5. No. 12VR007 - A request by Ferber Engineering Company, Inc. for FMLC, Inc. for a Vacation of Right-of-Way for a portion of East Mall Drive generally described as being located west of the intersection of East North Street and East Mall Drive.
Alcoholic Beverage License Applications Set for Hearing (November 19, 2012)
6. Late Harvest Inc DBA Delmonico Grill, 609 Main Street for a Retail (on-off sale) Wine License TRANSFER from Delmonico Grill Inc DBA Delmonico Grill, 609 Main Street
7. Late Harvest Inc DBA Delmonico Grill, 609 Main Street for a Retail (on-off sale) Malt Beverage License TRANSFER from Delmonico Grill Inc DBA Delmonico Grill, 609 Main Street
8. Fresh Start Convenience Stores, Inc DBA Fresh Start-Rapid City, 520 Birch Ave for a Package (off-sale) Malt Beverage License
2013 Retail (On Sale) Liquor License Renewals
9. Outback Steakhouse of Florida LLC DBA Outback Steakhouse, 665 East Disk Dr for a Retail (on-sale) Liquor License
10. Sanfords Grub & Pub South Dakota Inc DBA Sanford's Grub & Pub, 306 7th St for a Retail (on-sale) Liquor License
Public Works Committee Consent Items
11. No. PW103012-02 Confirm Appointment of Cathy Anderson to the Standing Committee on Sustainability.
12. No. PW103012-23 Confirm Appointments of Charity Doyle, Joel Landeen and Jerry Wright from the Freeholders Panel to assist in assessing value to surplus alfalfa and hay bales.
13. No. PW103012-26 Confirm Appointment of Erik Braun to the Planning Commission.
14. No. PW103012-03 Approve Change Order #1F to J&J Asphalt Company for Pavement Rehabilitation Project Falcon Drive and Lawrence Court, Project No. 12-1988 / CIP No. 50844, for a decrease of $12,816.09.
15. No. PW103012-04 Approve Change Order #3F to Heavy Constructors for the Cambell Street Reinforced Box Culvert project, Project No. DR10-1909 / CIP No. 50020, for a decrease of $8,576.25.
16. No. PW103012-05 Approve Change Order #1F to Muth Electric Inc. for the 5th Street and Texas Street Traffic Signal, Project No. 12-1996 / CIP No. 50897, for a decrease of $505.00.
17. No. PW103012-06 Approve Change Order #2F for Hills Materials Company for Pavement Rehabilitation Project - City Springs and Meadowwood Area, Project No. 12-1984 / CIP No. 50549, for an increase of $11,178.75.
18. No. PW103012-07 Approve Change Order #6F for RCS Construction for the Canyon Lake Drive Reconstruction Project, Project No. WTP10-878 / CIP No. 50004, for a decrease of $303,654.15.
19. No. PW103012-08 Approve Change Order #2 for RCS Construction for the Northridge Water Booster Station, Project No. W10-1898 / CIP No. 50834, for an increase of $8,070.00.
20. No. PW103012-09 Authorize Staff to Advertise for Bids for Street Light Maintenance Contract. Estimated Cost: $50,000.00.
21. No. PW103012-10 Authorize Staff to Advertise for Bids for Automated Containers Solid Waste Division. Estimated Cost: $100,000.00.
22. No. PW103012-11 Authorize Staff to Advertise for Bids for West Boulevard Sanitary Sewer Reconstruction, Project No. 11-1961 / CIP No. 50794. Estimated Cost: $675,000.00.
23. No. PW103012-12 Authorize Staff to Advertise for Bids for 6th and 7th Street Overlay from Kansas City Street to Columbus Street, Project No. 12-2064 / CIP No. 50844. Estimated Cost: $150,000.00.
24. No. PW103012-13 Authorize Staff to Advertise for Bids for Dyess Avenue Drainage and Channel Improvements, Project No. 12-2032 / CIP No. 50934. Estimated Cost: $2,000,000.00.
25. No. PW103012-14 Authorize Mayor and Finance Officer to Sign Joint Powers Agreement with South Dakota Department of Transportation for Snowplowing Activities.
26. No. PW103012-15 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement between the City of Rapid City and Stanley Consultants Inc. for the Canyon Lake Dam Reconstruction Vision 2012 Phase 4 project, Project No. DR08-1743 / CIP No. 50739, for $15,000.00.
27. No. PW103012-16 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of sidewalk along Creek Drive as it abuts Lot 2 and Lot 7 of Block 2, South Creek Industrial Park, Section 8, T1N, R8E, BHM, Pennington County, South Dakota.
28. No. PW103012-17 Authorize Mayor and Finance Officer to Sign Waiver of Right to Protest a future assessment for the installation of sidewalk along East North Street and North Creek Drive as they abut Lots 1 and 2 of Carefree Subdivision in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 29, Page 143; excepting therefrom Lot H1 of said Lot 2, as shown on the plat filed in highway Plat Book 11, Page 182; and excepting therefrom Lot H1 of said Lot 1, as shown on the plat filed in Highway Plat Book 11, Page 183.
29. No. PW103012-18 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and 42nd Street Design Studio LLC for Construction Professional Services for Memorial Park and Civic Center Irrigation Improvements, Project 12-2002 / CIP No. 50896, for $15,910.00.
30. No. PW103012-19 Approve with Staff Stipulations a Request from Dream Design International, Inc. to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 3660 Dyess Avenue - SW1/4 of the NW1/4 Less the south 423' of the SW1/4 of the NW1/4, and the West 446.65' of the SE1/4 of the NW1/4, Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota.
31. No. PW103012-20 Approve with Staff Stipulations a Request from Boom Construction, Inc. to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 5140 Pine Tree Drive Lot 6 of Block 1 in Vista Hills Subdivision #2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
32. No. PW103012-21 Approve with Staff Stipulations a Request from Boom Construction, Inc. to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 for the Property Located at 5160 Pine Tree Drive Lot 7 of Block 1 in Vista Hills Subdivision #2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
33. No. PW103012-22 Approve Request to Negotiate Professional Consultant Services with FourFront Design Inc. for the Rapid City Soccer/Sports Complex.
34. No. PW103012-24 Request authorization to Seek Proposals for Robbinsdale Area Utility and Street Reconstruction Project No. 12-2063: Nevada Dr. and Maple Ave. CIP No. 50421.3-2; Wisconsin Ave., Nathan Ct. and Stearns Ct. CIP No. 50421.3-3; and Nevada Dr. and Grandview Dr. CIP No. 50421.3-4.
35. No. PW103012-25 Request to Purchase Seven (7) ADA approved 30' Rapid Ride Transit Vehicles. Estimated Cost: $1,737,036.00.
36. No. PW103012-27 Approve the Request by Chrisbro, Inc. for approval of Covenant Agreement Allowing Encroachment in the Public Right of Way (alley) at 415 Main Street.
37. No. PW092512-21 Order in Sidewalks on portions of Canyon Lake Drive between Sheridan Lake Road and Soo San Drive. (Continued portion from October 15, 2012 Council meeting)
38. No. PW103012-29 Acknowledge Parking Solutions in Conjunction with the Mount Rushmore Road Reconstruction Project Report with Public Works Staff to provide more detailed information in three months.
39. No. PW103012-30 Acknowledge Report Update on Solid Waste Division Citizen Campus Project HDR and Solid Waste Staff.
40. No. PW103012-31 Acknowledge Report Update on Landfill Gas Utilization Solid Waste Staff.
Legal & Finance Committee Consent Items
41. No. LF103112-01 Authorize Mayor and Finance Officer to Sign Statement of Support for the Guard and Reserve
42. No. LF103112-02 Resolution No. 2012-123 Amending the Rapid City Council Policies and Procedures Relating to Notification Procedures
43. No. LF103112-04 - Acknowledge Capital Improvement Program Committee Monthly Update for October 2012
44. No. LF103112-05 - Approve Capital Plan for Street, Drainage and MIP Projects for October 2012
45. No. LF103112-06 - Approve the Transfer of $4,000 from CIP Contingency to Government Buildings for payment of the Fire Station 7 Property Taxes
46. No. LF103112-07 Approve Event Permit for KOTA Care & Share Food Drive Bagels in the Street to be Held on November 9, 2012
47. No. LF103112-08 Approve Event Permit for Black Hills Symphony Orchestra Young Artist Competition to be Held on January 26, 2013
48. No. LF103112-09 Acknowledge September 2012 General Fund Cash Report
49. No. LF103112-10 Acknowledge August 2012 Sales Tax Update
50. No. LF103112-11 Resolution No. 2012-117A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
51. No. LF103112-12 Resolution No. 2012-121 Establishing Change Fund for the Cemetery Office
52. No. LF103112-13 Resolution No. 2012-119 Establishing Change Fund for the Rapid City Library-Western Dakota Technical Institute Branch
53. No. LF103112-14 Resolution No. 2012-122 Declaring Miscellaneous Property Surplus
54. No. LF103112-15 - Authorize Mayor and Finance Officer to Sign Life Safety Loan Agreement Between Bach Investment Company and the City of Rapid City
55. No. LF103112-16 - Authorize Mayor and Finance Officer to Sign Revised Life Safety Loan Agreement Between Tensleep, LLC, and the City of Rapid City
56. Set Final Council Meeting of the Year for 12:30 p.m. on Wednesday, December 26, 2012
57. No. 12TP019 Approval of the 2013 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization Final
58. No. 12TP020 Authorize the Mayor and Finance Officer to sign the 2013 Transportation Planning Process Agreement between the City of Rapid City and the South Dakota Department of Transportation in the amount of $611,363
59. No. LF103112-17 Resolution No. 2012-120 to Establish the Position of Building Services Permit Technician I and II
60. No. LF103112-18 Resolution No. 2012-124 to Establish the Position of Civic Center Accounting and Administration Manager
61. No. LF103112-19 Resolution No. 2012-125 to Amend the City of Rapid City Compensation Plan by Eliminating the Position of Civic Center Programming and Accounting Specialist
62. No. LF103112-20 - Authorize City Attorney to Sign Contract with Elite for Prolaw Law Office Management Software
63. No. LF103112-21 Acknowledge Raffle Request from Working Against Violence, Inc.
64. No. LF103112-22 Acknowledge Raffle Request from Behavior Management Systems
65. No. LF103112-23 Request the Mayor to Authorize staff to enter into negotiations with Hani Shafai regarding proposed trade of land at the Wally Byam site for land adjacent to the airport.
66. No. PW100912-12 Request the Mayor to Authorize staff to request proposals for Pro Shop Concessionaire and/or Adult Golf Instructor at Meadowbrook Golf Course.
67. No. PW100912-13 Request the Mayor to Authorize staff to request proposals for Meadowbrook Golf Course Food and Beverage Concessionaire.
Community Planning & Development Services Department Consent Items (None)
Continued Consent Items (None)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 68 - 89
Public Comment opened Items 68 - 89
Public Comment closed
Ordinances
68. No. LF101012-07 Second Reading, Ordinance No. 5872, An Ordinance Prohibiting Public Urination and Public Defecation in the City of Rapid City by Amending Section 9.08.070 of the Rapid City Municipal Code.
69. No. 12OA008 Second Reading, Ordinance No 5869, An Ordinance to Amend Section 17.20.020 of the Rapid City Municipal Code Allowing Dental Clinics and Medical Clinics as Permitted Uses in the Neighborhood Commercial District.
70. No. LF103112-25 First Reading, Ordinance No. 5874, An Ordinance to Require the Finance Officer to Report Estimated Federal Funding to the Common Council by Amending Section 2.40.080 of the Rapid City Municipal Code.
71. No. LF103112-26 First Reading, Ordinance No. 5875, An Ordinance to Clarify the Boundaries of Business Improvement District No. 1 by Amending Section 3.24.020 of the Rapid City Municipal Code.
72. No. LF103112-27 First Reading, Ordinance No. 5876, An Ordinance to Codify the Business Improvement District No. 1 Board's Composition, Regulations and Powers by Adding Sections 3.24.035 and 3.24.036 to Chapter 3.24 of the Rapid City Municipal Code.
73. No. LF103112-28 First Reading, Ordinance No. 5877, An Ordinance to Clarify the Occupation Tax Levied on Hotel Rooms in Business Improvement District No. 1 by Amending Section 3.24.040 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items
74. No. 12PL062 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for U Lazy Two LLC for a Preliminary Subdivision Plan for property generally described as located at 8970 Nemo Road.
75. No. 12PL063 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for Ferdinand Dirt, LLC for a Preliminary Subdivision Plan for property generally described as located southeast corner of the intersection of East Stumer Road and 5th Street.
76. No. 12PL071 - A request by Dream Design International Inc. for a Preliminary Subdivision Plan for property generally described as located at the current southern terminus of Fieldstone Drive.
Legal & Finance Committee Items (NONE)
Public Works Committee Items
77. No. PW103012-28 Recommend formation of an Energy Committee to review energy issues and recommend solutions.
Bids
78. No. CC110512-02.1 Meadowbrook Maintenance Phase 3 Rebid, Project No. 12-2044/CIP No. 50841 (Opened on October 30, 2012)
79. No. CC110512-02.2 Memorial Park Irrigation Improvements, Project No. 12-2002/CIP No. 50896 (Opened on October 30, 2012)
80. No. CC110512-02.3 Permanent Pavement Marking Project, Project No. 12-2019/CIP No. 50593 (Opened on October 30, 2012)
81. No. CC110512-02.4 Rapid City Fire Department Storage and Training Facility Roof Renovation, Project No. 12-2062/CIP No. 50944 (Opened on October 30, 2012)
82. No. CC101512-02.1 2011 Storm Damage Recovery Project Schedule C, Project No. 12-2016C/CIP No. 50903. (Opened on October 9, 2012)
Alcoholic Beverage License Applications (Renewals)
2013 Retail (On Sale) Liquor License Renewals
83. City of Rapid City DBA Airport Restaurant & Lounge, 4550 Terminal Rd #206 for a Retail (on-sale) Liquor License
84. Kurylas, Inc. DBA Imperial Inn, 100 St Joe St for a Retail (on-sale) Liquor License
2013 Retail (On Sale) Liquor Auditorium License Renewals
85. Rushmore Plaza Civic Center Board DBA Rushmore Plaza Civic Center, 444 Mt Rushmore Rd N for a Retail (on-sale) Liquor License
2013 Retail (On-Off Sale) Wine License Renewals
86. Everest Cuisine LLC DBA Everest Cuisine, 2328 W Omaha St for a Retail (on-off sale) Wine License
87. Wolfpack LLC DBA Sam and Louies New York Pizzeria, 2101 Mt Rushmore Rd for a Retail (on-off sale) Wine License
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
Sign Code Appeals
88. No. CC110512-04.1 - A request by Curt Pochardt, 1314 7th Street, Rapid City, SD 57701, to appeal the approval of an application for a Variance to the Sign Code Board of Appeals to allow a 112 square foot digital sign in lieu of 60 square feet as per Chapter 15.29.050 of the Rapid City Municipal Code for the sign located at 921 Cambell Street, legally described as N1080' of east 30 acres of SE1/4 NE1/4, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.
89. No. CC110512-04.2 A request by Scott A. Pearce Architect for Walmart Real Estate Business Trust to convert an On-premise sign to an Off-premise sign per Section 15.29.070 of the Rapid City Municipal Code for the sign located at 1200 N. LaCrosse Street, legally described as Lot A of Lot 5R and Lot B of 5R, Meridian Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota.
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 90 97
Open Public Hearing (comment) -- Items 90 - 97 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 90 - 97
CONSENT PUBLIC HEARING ITEMS Item 90 - 96
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
90. No. 12CA007 - A request by James and Kelly Commet for an Amendment to the Comprehensive Plan to change the land use designation from Commercial to Residential for property generally described as located at 809 Saint Andrew Street. (Resolution 2012-108)
Alcohol Licenses
91. Youth & Family Services for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for February 8-9, 2013 at Youth & Family Services, 120 East Adams
92. Black Hills Arts Resource Center, Inc. DBA Performing Arts Center of Rapid City for a SPECIAL EVENT Wine and Malt Beverage license for an Event Scheduled for November 7-11, 2012 at the Performing Arts Center, 601 Columbus Street
93. Thrifty Smoke Shop Inc DBA Thrifty Smoke Shop III, 1101 W. Omaha St #3 for a Package (off-sale) Liquor License TRANSFER from Thrifty Smoke Shop Inc DBA Thrifty Smoke Shop III, 3030 W Main St, Suite B
94. Pure Bliss LLC DBA A Perfect 10 Nail & Beauty Bar, 36 E. Stumer Rd #118 for a Retail (on-off sale) Wine License
95. Pure Bliss LLC DBA A Perfect 10 Nail & Beauty Bar, 36 E. Stumer Rd #118 for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
96. No. LF103112-24 Resolution No. 2012-107B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 97
97. No. 12RZ018 Second Reading, Ordinance No. 5867, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by James and Kelly Commet for a Rezoning from General Commercial District to Medium Density Residential District for property generally described as located at 809 Saint Andrew Street.
BILLS
98. No. CC110512-01 Bill List for November 5, 2012
ADJOURN