AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., December 17, 2012
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE to be led by Girl Scout Troop 74561
ADOPTION OF AGENDA
AWARDS AND RECOGNITIONS
1. Veteran of the Month
2. Employee Awards
EXECUTIVE SESSION to consult with legal counsel about proposed or pending litigation pursuant to SDCL 1-25-2(3)
3. 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.
NON-PUBLIC HEARING ITEMS -- Items 4 82
Public Comment opened Items 4 54
Public Comment closed
CONSENT ITEMS Items 4 54
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
4. Approve Minutes for the December 3, 2012 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (January 7, 2013)
5. Fischers Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103 for a Package (off-sale) Liquor License TRANSFER from Nauman Flying Service Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103
6. Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub LLC, 510 Main Street (502 & 510 Main St, Suites 100 & 200 & private courtyards, Lots 28, 29, 30, 31 & 32 & vac alley adj to said lots, Block 75, Original Town of Rapid City) for a Retail (on-sale) Liquor License TRANSFER from Dirk& Ethan Inc DBA Manchego, 502 Main Street, Suite 100
7. Jackson Blvd Hospitality, LLC DBA Days Inn Lounge, 725 Jackson Blvd for a Retail (on-sale) Liquor license TRANSFER from Martom Management Inc DBA Day's Inn Lounge, 725 Jackson Blvd
8. Two Lefties and Panchos Mexican Grill LLC DBA Pancheros Mexican Grill, 1221 W Omaha St for a Retail (on-sale) Liquor License TRANSFER from Michael O Weiseler DBA Horseshoe Bar, 1407 1/2 E North Street.
Public Works Committee Consent Items
9. No. PW121112-02 Confirm Appointments of Heather Thompson and Domico Rodriguez to the Parks & Recreation Advisory Board.
10. No. PW121112-03 Confirm the Reappointment of Steve Swanson to the Trenching Board.
11. No. PW121112-04 Confirm Appointment of Erik Braun as a Planning Commission representative to the Utility Support Fund and SAB 28 Fund Oversight Committee.
12. No. PW121112-06 Approve Change Order #1F to Hills Materials Company for Maple Avenue Street Reconstruction, Project No. ST09-1859 / CIP No. 50424.5, for a decrease of $82,321.58.
13. No. PW121112-07 Approve Bid Award Correction to $26,772.00 and Approve Change Order #1F to Highmark Inc. for Omaha Street 24 Watermain Extension, Project No. 12-2065 / CIP No. 50945, for an increase of $2,344.30.
14. No. PW121112-08 Approve Change Order #2F to Rapid Construction Company LLC for Deadwood Avenue Sanitary Sewer and Water Main Extension, Project No. 11-1978 / CIP No. 50891, for an increase of $7,018.19.
15. No. PW121112-09 Approve Change Order #1F to Stanley J. Johnsen Concrete Contractor Inc. for La Crosse Street Joint Sealing and Panel Repair, Project No. 12-2045 / CIP No. 50445, for a decrease of $10,709.02.
16. No. PW121112-10 Approve Change Order #1F to Stanley J. Johnsen Concrete Contractor Inc. for Mall Drive Utilities, Project No. ST08-1753 / CIP No. 50646, for a decrease of $18,830.67.
17. No. PW121112-11 Approve Change Order #1F to J & J Asphalt for Hoefer Avenue Overlay Project, Project No. 12-2046 / CIP No. 50445, for an increase of $46.32.
18. No. PW121112-12 Approve Change Order #2F Stanley J Johnsen Concrete Contractor for Maple Avenue Railroad, Project No. RR12-2050 / CIP No. 50170, for a decrease of $1,959.50.
19. No. PW121112-13 Authorize Staff to Advertise for Bids for Jackson Boulevard Utilities Breakout Project 20-inch Water Transmission Main, Project No. 12-2081 / CIP No. 50847. Estimated Cost: $1,316,000.00.
20. No. PW121112-14 Authorize Staff to Advertise for Bids for Leland Lane and Rushmore Street Reconstruction, Project No. 11-1951 / CIP No. 50802. Estimated Cost: $1,250,000.00.
21. No. PW121112-15 Authorize Staff to Advertise for Bids for Landfill Citizen Campus, Project No. 13-2057. Estimated Cost: $4,000,000.00.
22. No. PW121112-49 Authorize Staff to Advertise for Bids for Arrowhead Drainage Basin Detention Cells 200 & 291 Maintenance, Project No. DR12-2037 / CIP No. 50786. Estimated Cost: $60,000.00.
23. No. PW121112-16 Authorize Mayor and Finance Officer to Sign Agreements for Voluntary Right of Way Donation, Temporary Easements, for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE.
24. No. PW121112-17 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and SBP, LLC for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $3,000.00.
25. No. PW121112-18 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and Paul M Rezich for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $1,000.00.
26. No. PW121112-19 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and Paul M Rezich for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $1,000.00.
27. No. PW121112-20 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and SBP LLC for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $10,000.00.
28. No. PW121112-21 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and John Ashley for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $500.00.
29. No. PW121112-22 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and Paradis Properties LLC for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $5,000.00.
30. No. PW121112-23 Authorize Mayor and Finance Officer to Sign Agreement for Voluntary Right of Way Donation, Temporary Easement, between the City of Rapid City and Paradis Properties LLC for East North Street Reconstruction, Project No. ST08-1511, SDDOT Project P1774(04), PCSN 02SE in the amount of $5,000.00.
31. No. PW121112-25 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and FourFront Design Inc. for Professional Services for the Rapid City Soccer Complex, Project No. 12-1849 / CIP No. 50792, in the amount of $16,000.00.
32. No. PW121112-26 Authorization to Seek Proposals for Engineering Services for North Rapid Booster Station Reconstruction, Project No. 13-2080 / CIP No. 50812. Estimated Cost: $900,000.00.
33. No. PW121112-24 Authorize Mayor and Finance Officer to Sign an Agreement to Allow Landscaping in City of Rapid City Easement located at 2400 W Main Street (New Arby's Restaurant).
34. No. PW121112-43 Acknowledge Report - Update on Economic Development Trip
35. No. PW121112-44 Request the Mayor to authorize staff to work with the applicant on the Request by Dream Design International for Discovery Circle, LLC for a Vacation of Non-Access Easement (12VE013) to Allow Two (2) Approaches on Elk Vale Road to be Utilized for Ingress and Egress to a Commercial Property located at 1851 Discovery Circle to evaluate other options including a service road.
36. No. PW121112-45 Acknowledge Report - Update on Distribution of Harvested Deer.
37. No. PW121112-46 Acknowledge Report - Update on Mountain Pine Beetle Program.
38. No. PW121112-47 Acknowledge Report - Explanation of Pennington / Meade Boundary Survey Project.
Legal & Finance Committee Consent Items
39. No. LF121212-28 Approve City Property and Casualty and Excess Compensation Insurance renewal.
40. No. LF121212-01 Confirm Appointment of Anna Huntington to the Board of Directors of the Performing Arts Center to Fill the Unexpired Term of Dan Senftner
41. No. LF121212-02 Authorize $100,000 WAVI Reimbursement from 2012 Council Contingency Fund.
42. No. LF121212-30 Authorize Mayor and Finance Officer to sign Agreement between Rapid City Area School District 51-4 and Rapid City Police Department and Pennington County Sheriff's Office.
43. No. LF121212-03 Authorize Mayor and Finance Officer to Sign Grant Application for the Journey Museum and to Accept if Awarded
44. No. LF121212-04 Resolution No. 2012-151A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
45. No. LF121212-05 Resolution No. 2012-153 Declaring Miscellaneous Personal Property Surplus
46. No. LF121212-06 Acknowledge October 2012 Sales Tax Update
47. No. LF121212-07 Acknowledge November 2012 General Fund Cash Balance Report.
48. No. LF121212-08 Acknowledge Raffle Request from Western South Dakota Senior Services, Inc.
49. No. LF121212-09 Acknowledge Raffle Request from Canyon Lake Senior Center
50. No. LF121212-10 Acknowledge report regarding response to questions posed by citizen at November 19, 2012, City Council Meeting.
51. No. LF121212-11 Acknowledge comprehensive litigation update.
52. No. LF121212-12 Deny RFD-TV's Request for Support.
53. No. CC121712-04.2 - Acknowledge report from James Olson, Chairman of the Rapid City Public Library Board of Trustees, regarding public safety concerns at the Library.
54. No. LF121212-27 Authorize Mayor and Finance Officer to sign Escrow Agreement with The First National Bank in Sioux Falls for Series 2005 Bonds.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 55 - 82
Public Comment opened Items 55 - 82
Public Comment closed
Ordinances
55. No. LF112812-19 First Reading, Ordinance No. 5887, An Ordinance Requiring the Finance Officer to Report Interdepartmental Charges to the Common Council by Adding Section 2.40.085 to the Rapid City Municipal Code.
56. No. LF121212-13 First Reading, Ordinance No. 5873, Supplemental Appropriation No. 5 for 2012.
57. No. LF121212-14 First Reading, Ordinance No. 5889, An Ordinance to Provide for Standardized Administrative Regulations for Title 15 Buildings and Construction by Repealing Chapter 15.04 Numbering of Buildings and Replacing it with a New Chapter 15.04 Administration of the Rapid City Municipal Code.
58. No. LF121212-15 First Reading, Ordinance No. 5890, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the International Building Code in Chapter 15.12 of the Rapid City Municipal Code.
59. No. LF121212-16 First Reading, Ordinance No. 5891, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the International Residential Code in Chapter 15.13 of the Rapid City Municipal Code.
60. No. LF121212-17 First Reading, Ordinance No. 5892, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Repealing and Adopting the International Property Maintenance Code in Chapter 15.14 of the Rapid City Municipal Code.
61. No. LF121212-18 First Reading, Ordinance No. 5893, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the International Existing Building Code in Chapter 15.15 of the Rapid City Municipal Code.
62. No. LF121212-19 First Reading, Ordinance No. 5894, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Electrical Code in Chapter 15.16 of the Rapid City Municipal Code.
63. No. LF121212-20 First Reading, Ordinance No. 5895, An Ordinance Repealing Chapter 15.18 Sign Contractor Licenses of the Rapid City Municipal Code.
64. No. LF121212-21 First Reading, Ordinance No. 5896, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Rapid City Gas Code in Chapter 15.20 of the Rapid City Municipal Code.
65. No. LF121212-22 First Reading, Ordinance No. 5897, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Section 15.22.010 of the International Fuel Gas Code as Adopted in the Rapid City Municipal Code.
66. No. LF121212-23 First Reading, Ordinance No. 5898, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Rapid City Plumbing Code in Chapter 15.24 of the Rapid City Municipal Code.
67. No. LF121212-24 First Reading, Ordinance No. 5899, An Ordinance Incorporating Changes to the Administration of Title 15 Buildings and Construction by Amending Certain Parts of the Rapid City Mechanical Code in Chapter 15.26 of the Rapid City Municipal Code.
68. No. LF121212-25 First Reading, Ordinance No. 5900, An Ordinance Repealing Chapter 15.36 Fire Districts and Zones of the Rapid City Municipal Code.
69. No. LF121212-26 First Reading, Ordinance No. 5902, An Ordinance Repealing Chapter 15.44 Miscellaneous Regulations of the Rapid City Municipal Code.
Community Planning & Development Services Department Items (NONE)
Legal & Finance Committee Items
70. No. LF121212-29 - Request to set Special Council Meeting for Thursday, December 20, 2012, at 5:30 p.m. for the Purpose of an Executive Session to Discuss the Qualifications, Competence, Performance, Character or Fitness of a Public Officer or Employee Pursuant to SDCL §1-25-2(1).
71. No. CC120312-04.1 Request an official opinion from the Attorney General on the legality of the COMPASS committee holding working sessions which are not open to the public.
Public Works Committee Items
72. No. PW121112-42 Presidential Plaza Update Hani Shafai, Dream Design International, Inc.
73. No. PW121112-48 Appointment of Lisa Rae Sissenstein to the Rushmore Plaza Civic Center Board and Committee Vetting Process Alderman John Roberts, Alderman Ron Sasso, Alderman Bill Clayton, and Alderman Steve Laurenti.
74. No. PW121112-50 Request to Add John B. Roberts to Council Leadership's Investigation and Possible Censure of a Council Member.
Compass Committee Items
75. CC121712-04.1 - Proposed 2013-2014 COMPASS Audit Plan
CIP Committee Items
Other Board, Commission & Committee Items
Bids
76. No. CC121712-02.1 2012 Fire Hydrant Installation Annual Project, Project No. 12-2040 / CIP No. 50808 (Opened on December 11, 2012)
77. No. CC121712-02.2 Shooting Star Well Abandonment, Project No. 12-2049 / CIP No. 50913 (Opened on December 11, 2012)
78. No. CC121712-02.3 6th and 7th Street Overlay, Project No. 12-2064 / CIP No. 50844 (Opened on December 11, 2012)
79. No. CC121712-02.4 High Nitrate Content Hay Bales Public Works Department, Water Reclamation Division (Opened on December 11, 2012)
Alcoholic Beverage License Applications
Reissuance
2013 Retail (On Sale) Liquor License Renewals
80. Kelly's Sports Lounge Inc DBA Kelly's Sports II, 825 Jackson Blvd for a Retail (on-sale) Liquor License
2013 Package (Off Sale) Liquor License Renewals
81. Safeway Store 46 Inc DBA Safeway #3166 (Inactive), 730 Mt View Road for a Package (off-sale) Liquor License
82. Smith's Liquor Gallery Inc DBA Smith's Liquor Gallery II (Inactive), 2219 Jackson Blvd, Suite 1 for a Package (off-sale) Liquor License
Special Event
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
Planning Commission Appeals
DARB Appeals
License Appeals
Sign Code Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 83 - 88
Open Public Hearing (comment) -- Items 83 - 88 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 83 - 88
CONSENT PUBLIC HEARING ITEMS Item 83 - 88
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
83. 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
84. 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 Package (Off Sale) Liquor License Renewals
85. Running Supply Inc DBA Runnings Farm & Fleet, 1020 N LaCrosse St for a Package (off-sale) Liquor License
2013 Retail (On Sale) Liquor License Renewals
86. Hungrys Restaurants Inc DBA Marlins Roadhouse Grill, 2803 Deadwood Ave for a Retail (on-sale) Liquor License (RL-5874)
87. Ugly Inc DBA Budd Ugly's, 321 7th St for a Retail (on-sale) Liquor License (RL-5720) (Continued from the December 3, 2012 Council)
2013 Retail (On-Off Sale) Wine License Renewals
88. Luo Incorporated DBA Imperial Chinese Restaurant, 702 E North St for a Retail (on-off sale) Wine License (RW-6417)
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS (NONE)
BILLS
89. No. CC121712-01 Bill List for December 17, 2012
ADJOURN