AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., December 3, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Citizen of the Month
2. South Dakota Army National Guard Patriot Award to Rapid City Fire Department
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 - 121
Public Comment opened Items 3 - 53
Public Comment closed
CONSENT ITEMS Items 3 - 53
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
3. Approve Minutes for the November 19, 2012 Regular Council meeting and the November 14, 2012 and November 27, 2012 Special Council meetings.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (December 17, 2012)
4. Frank Boyle DBA Rummy's, 200 E Main for a Retail (on-off sale) Malt Beverage License TRANSFER from Frank Boyle DBA Rummy's, 2525 W Main St
5. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for January 8, 2013 at the County/City Public Library East at Western Dakota Tech, 800 Mickelson Drive
2013 Retail (On Sale) Liquor License Renewals
6. Hungrys Restaurants Inc DBA Marlins Roadhouse Grill, 2803 Deadwood Ave for a Retail (on-sale) Liquor License
2013 Package (Off Sale) Liquor License Renewals
7. Running Supply Inc DBA Runnings Farm & Fleet, 1020 N LaCrosse St for a Package (off-sale) Liquor License
2013 Retail (On-Off Sale) Wine License Renewals
8. Luo Incorporated DBA Imperial Chinese Restaurant, 702 E North St for a Retail (on-off sale) Wine License
Public Works Committee Consent Items
9. No. PW112712-02 Confirm Appointments of Tom Bielmaier and Marcus Warnke to the Urban Forestry Board.
10. No. PW112712-03 Confirm Appointments of Aaron Sammeli, Cynthia Matson, Dennis Halterman, and Mike Pulliam and Confirm Reappointments of Cathy Robeson and Tom Horan to the Beautification Committee.
11. No. PW112712-04 Approve Change Order #1F to Complete Concrete Inc. for Safe Routes to School Project, Project No. 11-1920 / CIP No. 50924, for an increase of $2,928.70.
12. No. PW112712-05 Approve Change Order #1F to Highmark Inc. for 2011 Manhole Adjustment Project, Project No. SS11-1970 / CIP No. 50846, for a decrease of $5,463.00.
13. No. PW112712-06 Approve Change Order #1F to Stanley J. Johnsen Concrete Contractor Inc. for 2012 Miscellaneous Improvements Project, Project No. MIP12-2004 / CIP No. 50298, for a decrease of $5,494.43.
14. No. PW112712-07 Approve Change Order #1F to Hills Materials Company for East St. Joseph Overlay and Water Main Reconstruction, Project No. 11-1908 / CIP No. 50801, for a decrease of $122,838.91.
15. No. PW112712-08 Approve Change Order #1F to Simon Contractors of SD Inc. for 2012 Out of the Dust, Project No. 12-2003 / CIP No. 50297, for a decrease of $7,256.85.
16. No. PW112712-09 Approve Change Order #3 to Moltz Construction Inc. for Jackson Springs Water Treatment Plant, Project No. WTP10-1858 / CIP No. 50789, for an increase of $30,427.00.
17. No. PW112712-10 Approve Change Order #1 to RCS Construction for Water Reservoir Maintenance, Project No. W10-1879 / CIP No. 50804, for an increase of $7,423.44 and 10 additional days to completion.
18. No. PW112712-11 Approve Change Order #1 to Dean Kurtz Construction for Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728, for an increase of $1,308.00.
19. No. PW112712-12 Authorize Staff to Advertise for Bids for 2013 WRF Polymer. Estimated Cost: $80,000.00.
20. No. PW112712-14 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Fisk Land Surveying and Consulting Engineers Inc. for Design and Bidding Professional Services for West St. Cloud Street and Harmony Lane Street and Utilities, Project No. 12-2047 / CIP No. 50712, in the amount of $145,873.00.
21. No. PW112712-15 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Fennell Design for Roof Renovation of Storage/Training Facility at 108 E. Main Street, Project No. 12-2062 / CIP No. 50944, in the amount of $21,570.00.
22. No. PW112712-16 Authorize Mayor and Finance Officer to Sign Resolution 2012-132 Construction Fee Resolution for 12th Street Alley Sanitary Sewer, Project No.SS11-1937.
23. No. PW112712-26 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Ferber Engineering Company Inc. for Construction Professional Services for West Boulevard Sanitary Sewer Reconstruction, Project No. 11-1961 / CIP No. 50794, in the amount of $53,132.00.
24. No. PW112712-17 Request to Purchase a New Current Model ½ Ton 4x4 Truck from McKie Ford matching State Bid Contract #16416. Estimated Cost: $20,511.00.
25. No. PW112712-18 Authorize Staff to Advertise Request for Proposals for Comprehensive Plan Update.
26. No. PW112712-22 Authorize Staff to Advertise for Bids for One (1) New Current Model Year Aerial Lift Truck. Estimated Cost: $110,000.00.
27. No. PW112712-23 Authorize Mayor and Finance Officer to sign Professional Services Agreement with Wyss Associates for design of Sweet Creek Trail Project No. PR12-6102 in the amount of $65,000.00.
28. No. PW112712-19 Approve the Revised Deer Management Plan.
29. No. PW112712-20 Approve the Deer Harvest Recommendation of 200 Deer for the 2012-2013 Season.
30. No. PW112712-21 Acknowledge the Report on Skunk Issues in the Community.
31. No. PW112712-25 Authorize Staff to Create an H-Lot for the Floodway Area on the Wally Byam Property.
32. No. 12RD001 Sections 20, 21, 28 and 29, T1N, R7E - Deny a request by Leo Hamm for a Resolution for a Road Name Change from Poppy Trail to Shooting Star Trail for property generally described as being located east of the current northern terminus of Dunsmore Road and the western terminus of Shooting Star Trail.
33. No. PW112712-27 Acknowledge Report - Discussion on Powertech Inc Applications for Water Rights
Legal & Finance Committee Consent Items
34. No. LF112812-01 Confirm Appointment of Lisa Rae Sissenstein to the Rushmore Plaza Civic Center Board
35. No. LF112812-02 Confirm Reappointment of Margot Burton, Tom Collings, Kathy LaForest, Patti Martinson and Doug Puetz and the Appointment of Tom Miller, Sheri Mommerency and Wanda Peacock to the Mayor's Committee for People with Disabilities
36. No. LF112812-03 Acknowledge Capital Improvement Program Committee Monthly Update for November 2012
37. No. LF112812-04 - Approve Capital Plan for Street, Drainage and MIP Projects for November 2012
38. No. LF112812-05 - Approve Reallocation of the Parks and Recreation CIP Funds as follows: $10,000 to the Founders Rock Preservation Project and $31,458 to the Sweet Creek Trail Design Project
39. No. LF112812-06 Approve Event Permit for Alex Johnson's New Year's Eve Ball Drop on December 31, 2012
40. No. LF112812-07 Resolution No. 2012-133 Writing Off Uncollectable Ambulance Billing Accounts
41. No. LF112812-09 Resolution No. 2012-132A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
42. No. LF112812-10 Acknowledge October 2012 General Fund Cash Balance
43. No. LF112812-11 Acknowledge September 2012 Sales Tax Update
44. No. LF112812-12 Approve FY2013 Allied Arts Funding Allocation for Community Investments (Arts & Humanities)
45. No. LF112812-13 Request for Property Tax Abatement: Bank West Inc, 2011, $455.52
46. No. LF112812-14 Authorize Mayor and Finance Officer to Sign Combined Election Agreement with Pennington County for the 2013 Municipal Election to be Held on June 4, 2013
47. No. LF112812-15 Authorize Mayor and Finance Officer to Sign Contract with Fugro EarthData, Inc. for Aerial Photography Services
48. No. LF112812-16 Resolution No. 2012-134 Providing Non-Union Employees with the Same Cost of Living Increase in January of 2013 Being Received by the City's Union Employees
49. No. LF112812-17 - Acknowledge Raffle Request from American Legion Auxiliary
50. No. LF112812-18 Resolution No. 2012-136 Removing the Order of Business for City Council Meetings from the City Council Policies and Procedures Handbook and Establishing a Policy for Setting the Agenda
51. Acknowledge report from City Attorney Joel Landeen regarding questions posed by citizen at November 19, 2012 City Council meeting.
52. No. CC120312-04.3 - Acknowledge update from Rushmore Plaza Civic Center.
53. Approve setting the January 3, 2013, Public Works meeting at 11:30 a.m. with the Legal and Finance Committee meeting immediately following or at 12:30 p.m., whichever is later.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 54 - 121
Public Comment opened Items 54 - 121
Public Comment closed
Ordinances
54. No. PW111312-06 Second Reading, Ordinance No. 5878, An Ordinance to Expand the Definition of Hazardous Trees on Private Property by Amending Section 12.32.100 of the Rapid City Municipal Code.
55. No. LF111412-13 Second Reading, Ordinance No. 5879, An Ordinance to Establish a Competitive Bidding Process for the Sale of Off-Sale Package Liquor Licenses by Amending Section 5.12.030 of the Rapid City Municipal Code.
56. No. LF111412-14 Second Reading, Ordinance No. 5880, An Ordinance to Allow Removal of a Partially Consumed Bottle of Wine from the Premises of Certain Alcoholic Beverage Licensees by Amending Section 5.12.080 of the Rapid City Municipal Code.
57. No. LF112812-20 First Reading, Ordinance No. 5888, An Ordinance to Regulate Hookah Lounges by Adopting Chapter 5.40 of the Rapid City Municipal Code.
Community Planning & Development Services Department Items (NONE)
Legal & Finance Committee Items (NONE)
Public Works Committee Items
58. No. PW112712-24 Deny the Request for City Participation in the Survey, Geo-Tech, Preliminary Design, and Construction of a Water Main in Golden Eagle Drive Centerline.
Bids
59. No. CC120312-02.1 West Boulevard Sanitary Sewer Reconstruction Project No. 11-1961 / CIP No. 50794 (Opened on November 27, 2012)
60. No. CC120312-02.2 2013 Street Light Maintenance Contract (Opened on November 27, 2012)
61. No. CC120312-02.3 2012 Automated Containers Solid Waste Division (Opened on November 27, 2012)
Alcoholic Beverage License Applications Items 62 - 119
2013 Retail (On Sale) Liquor Restaurant License Renewals
62. Rare Hospitality International Inc DBA Longhorn Steakhouse-Rapid City #5406, 1510 Eglin St for a Retail (on-sale) Liquor-Restaurant License
63. Black Hills BBQ Inc DBA Famous Daves BBQ, 1718 Eglin St for a Retail (on-sale) Liquor License
2013 Retail (On Sale) Liquor - Convention License Renewals
64. Lester Hospitality-Rapid City, LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th St for a Retail (on-sale) Liquor License
2013 Retail (On Sale) Liquor License Renewals
65. Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (on-sale) Liquor License
66. Viper LLC DBA Ramada Rapid City/Reunion Lounge, 1902 N LaCrosse St for a Retail (on-sale) Liquor License
67. American Legion DBA American Legion, 818 E St Patrick St for a Retail (on-sale) Liquor License
68. Blue Lantern Lounge Inc DBA Blue Lantern Lounge, 1200 E St Patrick St for a Retail (on-sale) Liquor License
69. Karen J Schumacher DBA Brass Rail Lounge, 624 St Joe St for a Retail (on-sale) Liquor License
70. Slainte LLC DBA Murphys Irish Pub, 510 9th St for a Retail (on-sale) Liquor License
71. Michael O Wieseler DBA Horseshoe Bar, 1407 1/2 E North St for a Retail (on-sale) Liquor License
72. SoDak Mex I Inc DBA On The Border, 1331 E North St for a Retail (on-sale) Liquor License
73. Buck N Gator LLC DBA Buck N Gator, 4095 Sturgis Road for a Retail (on-sale) Liquor License
74. MG Oil Company DBA Clock Tower Lounge, 2525 W Main St for a Retail (on-sale) Liquor License
75. Tady LLC DBA Teddys Sports Grill, 826 Main St for a Retail (on-sale) Liquor License
76. BDUBS LLC DBA Buffalo Wild Wings, 715 Mountain View Rd for a Retail (on-sale) Liquor License
77. AJ Inc DBA Shotgun Willie's, 2808 W Main St for a Retail (on-sale) Liquor License
78. Dirk&Ethan Inc DBA Manchego, 502 Main St Ste 100 for a Retail (on-sale) Liquor License
79. ERJ Dining IV LLCC DBA Chili's Grill & Bar, 2125 N Haines Ave for a Retail (on-sale) Liquor License
80. Dublin Square Inc DBA Dublin Square, 504 Mt Rushmore Rd for a Retail (on-sale) Liquor License
81. The Retired Enlisted Assoc Inc DBA Chapter #29, 1981 E Centre St for a Retail (on-sale) Liquor License
82. GS Corp DBA Casa Re-Al, 2315 1/2 Mt Rushmore Rd for a Retail (on-sale) Liquor License
83. Roadway LLC DBA Roadway LLC, 2208 Mt Rushmore Rd for a Retail (on-sale) Liquor License
2013 Package (Off Sale) Liquor License Renewals
84. Derby Advertising Inc DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Package (off sale) Liquor License
85. Lester Hospitality-Rapid City LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th St for a Package (off sale) Liquor License
86. DakotaMart Inc DBA Sooper Dooper Liquors, 913 E Saint Patrick St for a Package (off sale) Liquor License
87. Debra J Erickson DBA Corner Pantry, 2130 LaCrosse St for a Package (off sale) Liquor License
88. Orris Enterprises Inc. DBA Vino 100 & Tinder Box, 520 7th St #520 for a Package (off sale) Liquor License
89. Smith's Liquor Gallery Inc DBA Smith's Liquor Gallery, 2218 Jackson Blvd Suite 1 for a Package (off sale) Liquor License
90. Dakotas Best & Brown Bag Deli Inc DBA Dakota's Best & Brown Bag Deli, 818 Main St for a Package (off sale) Liquor License
91. Metanoia LLC DBA Fresh Start-Rapid Valley #21, 3887 East Highway 44 for a Package (off sale) Liquor License
92. Nauman Flying Service Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103 for a Package (off-sale) Liquor License
93. Canyon Lake Liquors LTD DBA Canyon Lake Liquor, 4244 Canyon Lake Drive for a Package (off-sale) Liquor License
2013 Retail (On-Off Sale) Wine License Renewals
94. Rapid City Arts Council Inc DBA Dahl Arts Center, 713 7th St for a Retail (on-off sale) Wine License
95. Chrisbro LLC DBA Hampton Inn, 1720 Rapp St for a Retail (on-off sale) Wine License
96. Uncork'd Wine & Tapas Bar LLC DBA Uncork'd Wine & Tapas Bar, 5734 Sheridan Lk Rd #207 for a Retail (on-off sale) Wine License
97. Main Street Square Inc DBA Main Street Square, 526 Main Street for a Retail (on-off sale) Wine License
98. Orris Enterprises Inc. DBA Vino 100 & Tinder Box, 520 7th St for a Retail (on-off sale) Wine License
99. Mai T Goodsell DBA Saigon Restaurant, 221 E North St for a Retail (on-off sale) Wine License
100. Black Hills Coffee Company DBA Black Hills Coffee, 5955 S Highway 16 #G for a Retail (on-off sale) Wine License
101. Botticellis Ristorante Italiano Inc DBA Botticellis Ristorante Italiano, 523 Main St for a Retail (on-off sale) Wine License
102. Wine Cellar Restaurant LLC DBA Wine Cellar Restaurant, 513 6th St for a Retail (on-off sale) Wine License
103. Independent Ale House LLC DBA Independent Ale House, 625 Saint Joseph St for a Retail (on-off sale) Wine License
104. Dirk&Ethan Inc DBA Manchego, 502 Main St Ste 100 for a Retail (on-off sale) Wine License
105. Mall Fuji Corp DBA Fuji Sushi & Saki Bar, 2200 N Maple, #478 for a Retail (on-off sale) Wine License
106. S&Y Inc DBA Golden Phoenix Restaurant, 2421 W Main St for a Retail (on-off sale) Wine License
107. WNRRC LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine License
108. HK Buffet LLC DBA Coco Palace, 1900 N Maple Ave for a Retail (on-off sale) Wine License
109. Golden Fortune Inc DBA Golden Fortune Inc, 1118 East North St for a Retail (on-off sale) Wine License
110. Gab Deuk Kwak DBA Hana Restaurant, 3550 Sturgis Rd for a Retail (on-off sale) Wine License
111. Black Hills Beau Jo's LLC DBA Beau Jo's Pizza, 2520 W Main St for a Retail (on-off sale) Wine License
112. Dadah Kids Corp DBA Pauly's Pizzeria & Sub Co, 1624 E St Patrick St #101 for a Retail (on-off sale) Wine License
113. 168 Inc DBA China Luck Chinese Cuisine, 740 Mountain View Rd for a Retail (on-off sale) Wine License
114. Lorimae Corporation DBA Mystique Edge, 509 7th St for a Retail (on-off sale) Wine License
115. Someones in the Kitchen Inc DBA Someones In the Kitchen, 2210 Haines Ave for a Retail (on-off sale) Wine License
116. Mae Jean Adams DBA The Corn Exchange, 727 Main St for a Retail (on-off sale) Wine License
117. Dakota Thyme LLC DBA Dakota Thyme LLC, 502 Main St, Suite 200 for a Retail (on-off sale) Wine License
118. Frankie's LLC DBA Thirsty's, 819 Main for a Retail (on-off sale) Wine License
119. Trifecta Group LLC DBA Delmonico Grill, 609 Main St for a Retail (on-off sale) Wine License
Mayor's Items
Council Items & Liaison Reports
120. No. CC120312-04.1 - Council Approval for Closed, Unnoticed, Undocumented Secret compass work session meetings Alderman John Roberts
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
121. No. CC120312-04.2 Request Authority to Apply for the Environmental Education Regional Grant and to Accept if Awarded
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 122 - 132
Open Public Hearing (comment) -- Items 122 - 132 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 122 - 132
CONSENT PUBLIC HEARING ITEMS Item 122 - 132
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
122. 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. (Resolution 2012-118)
Alcohol Licenses
123. Kelly's Sports Lounge Inc DBA Kelly's Sports II, 825 Jackson Blvd for a Retail (on-sale) Liquor License TRANSFER from Kelly's Sports Lounge II Inc DBA Kelly's Sports II, 318-320 E Blvd
124. Smith's Liquor Gallery Inc DBA Smith's Liquor Gallery II (Inactive), 2218 Jackson Blvd, Suite 1 for a Package (off-sale) Liquor License TRANSFER from Gentner & Salter LLC DBA The Wine Rack, 5734 Sheridan Lake Rd 202
125. Safeway Store 46 Inc DBA Safeway Store #3166 (Inactive), 730 Mt View Road for a Package (off-sale) Liquor License TRANSFER from Safeway Store 46 Inc DBA Safeway Store #3166, NEC Elk Vale Road & Concourse Dr
126. Rapid City Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for January 17, 2013 at Lady Fit, 601 12th Street, Suite #1
127. Black Hills Chapter of Germans from Russia Heritage Society for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for February 24, 2013 at Blessed Sacrament Parish Center, 4500 Jackson Blvd
128. 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 December 10-16, 2012 at the Performing Arts Center, 601 Columbus Street
2013 Retail (On Sale) Liquor License Renewals
129. Ugly Inc DBA Budd Ugly's, 321 7th St for a Retail (on-sale) Liquor License (RL-5720)
2013 Package (Off Sale) Liquor License Renewals
130. Nash Finch Company DBA FTC Express #257, 3460 Sturgis Road for a Package (off-sale) Liquor License (PL-4763)
2013 Retail (On-Off Sale) Wine License Renewals
131. Charles J Desmond General Partnership DBA Ifrit's Hookah Lounge, 725 St Joseph St for a Retail (on-off sale) Wine License (RW-18857)
Assessment Rolls
132. No. LF112812-08 Resolution No. 2012-117B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (NONE)
BILLS
133. No. CC120312-01 Bill List for December 3, 2012
ADJOURN