AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, October 21, 2013
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. Citizen of the Month, Anton Kaiser, Ward 3
2. Employee Awards
3. Rapid City Beautification Committee Yard of the Month Joseph and Lori Blomstrom, Ward 3
4. Rapid City Garden Club Green Glove Award Russell and Susan McSherry, Ward 1
5. Sustainability Award Cobbler Café
Mayor's Items
6. No. CC102113-04.2 Update of Impact of Storm Atlas on local livestock producers Silvia Christen, South Dakota Stockgrowers Association
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 7 - 78
Open Public Comment opened Items 7 - 46
Close Public Comment
CONSENT ITEMS Items 7 - 46
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
7. Approve Minutes for the October 7, 2013 Regular Council meeting and the October 7, 2013 and October 9, 2013 Special Council meetings.
8. Approve Minutes for the September 30, 2013 Special Council (Vision Fund Committee) meeting.
Vacations of Right-Of-Way Set for Hearing (November 18, 2013)
9. No. 13VR002 - A request by Renner & Associates, LLC for Rapid City Independent School District for a Vacation of Right of Way for the alley located adjacent to Lots 23 thru 26 and the west 10 feet of Lot 27 of Block 125 and Lots 7 thru 10 and the west 10 feet of Lot 6 of Block 125 of the Original Town of Rapid City, for property generally described as being located 516 South Street.
Alcoholic Beverage License Applications Set for Hearing (November 4, 2013)
10. Museum of the American Bison for a SPECIAL EVENT Wine License for an Event Scheduled for November 9, 2013 and the Museum of the American Bison, 607 St Joseph Street
Public Works Committee Consent Items
11. No. PW101513-02 Confirm Appointment of Mike Bender to the Standing Committee on Sustainability.
12. No. PW101513-03 Approve Change Order No. 1F to Simon Contractors of SD Inc. for Pavement Rehabilitation Project Oiler Ln. and Lawrence Dr., Project No. 13-2072 / CIP No. 50549, for an increase of $9,181.58.
13. No. PW101513-04 Approve Change Order No. 1F to Hills Materials Company for 2012 Annual 4 Water Main Replacement, Project No. 12-1925 / CIP No. 50835, for a decrease of $255.11.
14. No. PW101513-05 Approve Change Order No. 1F to Hills Materials Company for Pavement Rehabilitation Project Wisconsin and Oak Area, Project No. 13-2061 / CIP No. 50549, for a decrease of $9,689.07.
15. No. PW101513-06 Authorize Staff to Advertise for Bids for Meadowbrook Galleries Demolition, Project No. 13-2129 / CIP No. 51014. Estimated Cost: $300,000.00.
16. No. PW101513-07 Authorize Mayor and Finance Officer to Sign Consent to Cross a US Government Easement for Use By the City of Rapid City to Cross a Waterline Easement Number USAF-ACC-FXBM-13-2-0314
17. No. PW101513-08 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and TSP Inc. for Construction Professional Services for Minnekahta Drive Area Water Main and Sanitary Sewer Reconstruction, Project No. 12-1980 / CIP No. 50826, in the amount of $89,310.00.
18. No. PW101513-09 Approve Renewal of Contract with G.J. Holsworth and Son Inc. for Snow Removal Operations for one year for City Lots 4, 5, 6-2, 7, 8 and 9.
19. No. PW101513-10 Approve with the Requirement to Sign a Waiver of Right to Protest (WORP) a Request from Bob Brandt for a Variance to Waive the Requirement to Install Sidewalk along Cliff Drive for the property located at 4250 Cliff Drive per City Ordinance 12.08.060.
20. No. PW101513-11 Approve Request for Authorization to Seek Proposals for Architectural Engineering (AE) Services for Rushmore Plaza Civic center Arena Expansion Project #13-2132 CIP#51018.
21. No. PW101513-17 Approve Request for Authorization to Seek Proposals for Construction Manager at Risk (CMaR) Services for Rushmore Plaza Civic center Arena Expansion Project #13-2132 CIP#51018.
22. No. PW101513-12 Authorize Mayor and Finance Officer to Sign No-Build Easement with John Walker and Kitty Walker Concerning Property located at 1608 Pevans Parkway.
23. No. 13TP051 Authorize staff to advertise a Request for Proposals for a Long Range Transportation Plan Origin and Destination Study in an amount not to exceed $75,000.
24. No. 13TP052 Authorize staff to advertise a Request for Proposals for a Long Range Transportation Plan Market Research Study in an amount not to exceed $90,000.
25. No. VF093013-09 Approve no change to the Phase I Soccer Rapid City funding allocation.
26. No. PW101513-13 Acknowledge Update on Winter Storm Atlas Cleanup Operations Report
27. No. PW101513-14 Approve with the Requirement to Sign a Waiver of Right to Protest an Exception Request to Waive the Requirement to Design/Build the Balance of Sandra Lane to the East Boundary of Lazy P-6 Property.
28. No. PW101513-15 Acknowledge Update on Star Village Hill Erosion Issues Report.
29. No. PW101513-16 Acknowledge discussion on Red Dale Traffic Calming Project Speed Bumps.
Legal & Finance Committee Consent Items
30. No. LF101613-01 - Confirm Appointment of Rich Huffman to Fill the Unexpired Term of Charles Summers to the Rapid City Regional Airport Board of Directors
31. No. LF101613-02 Acknowledge Event Permit from Destination Rapid City for Free Parking in Downtown BID District from 7:00 a.m. to 6:00 p.m. on November 29-30, 2013
32. No. LF101613-03 Acknowledge Event Permit for Festival of Lights Parade on November 30, 2013
33. No. LF101613-04 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Bair Analytics, Inc. for Crime Statistics Analytical Services and Approve Transfer of $70,000 in 2014 Budget from Wages and Benefits to Professional Services
34. No. LF101613-06 Resolution No. 2013-099 Establishing the Terms of the Loan Between the CIP and Vision Funds for the Cost Study for a New Arena at the Rushmore Plaza Civic Center
35. No. LF101613-07 Authorize Mayor and Finance Officer to Sign the FY 2013 Community Development Block Grant (CDBG) Contract and the Indenture of Restrictive Covenants for Lutheran Social Services Stepping Stone Program
36. No. LF101613-14 - Authorize Mayor and Finance Officer to Sign the FY 2013 Community Development Block Grant (CDBG) Contract and the Indenture of Restrictive Covenants for Wellsprings, Inc.
37. No. LF101613-08 Authorize Mayor and Finance Officer to Sign Indenture of Restrictive Covenants for Canyon Lake Senior Center
38. No. LF101613-09 Authorize Mayor and Finance Officer to Sign Indenture of Restrictive Covenants for YFS Kitchen HVAC
39. No. LF101613-10 Authorize Mayor and Finance Officer to Sign Amendment to the Aerial Photo Contract with Fugro EarthData in the Amount of $9,950 for Additional Data Processing
40. No. 13TP049 - Approve the 2014 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization
41. No. 13TP050 Authorize Mayor and Finance Officer to sign the 2014 Transportation Planning Process Agreement between the City of Rapid City and the South Dakota Department of Transportation in the amount of $487,454
42. No. LF101613-11 Authorize Mayor and Finance Officer to Sign Agreement for Domestic Violence and Sexual Assault Victim Services between the City of Rapid City and Working Against Violence, Incorporated
43. Acknowledge Update on Winter Storm Atlas Cleanup Operations.
44. No. LF101613-12 Approve Resolution No. 2013-100 to Transfer Drainage Basin Fees to the Stormwater Drainage Utility Fund.
45. No. LF101613-13 Approve Resolution No. 2013-101 to Set the Unit Financial Charge for the Stormwater Drainage Utility Fee.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
46. No. CC102113-02.1 - Approve award of Total Bid for Canyon Lake / Red Dale Sidewalk Installation Project No. SW12-2042 / CIP No. 50936 opened on October 15, 2013, to the lowest responsible bidder, Brewer Construction, in the amount of $58,876.50.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 47 - 78
Open Public Comment Items 47 - 78
Close Public Comment
Ordinances
47. No. 13RZ021 First Reading, Ordinance 5960, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Doyle Estes from Low Density Residential District to Medium Density Residential District for property generally described as being located northeast of Catron Boulevard and Highway 16 intersection. (Continued from the 10/7/13 Council)
48. No. 13RZ022 First Reading, Ordinance 5961, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Doyle Estes from General Agricultural District to Medium Density Residential District for property generally described as being located northeast of Catron Boulevard and Highway 16 intersection. (Continued from the 10/7/13 Council)
49. No. PW100113-22 Second Reading, Ordinance No. 5965, An Ordinance to Create a Stormwater Drainage Utility and Institute a Stormwater Drainage Utility Fee by Adding a New Chapter 13.26 to Title 13 of the Rapid City Municipal Code.
50. No. LF100213-26 Second Reading, Ordinance No. 5959, An Ordinance to Amend Chapter 15.04 of the Rapid City Municipal Code Concerning Administrative Provisions for Buildings and Construction.
51. No. LF100213-27 First Reading, Ordinance No. 5964, An Ordinance to Revise the Powers, Duties, and Process of the Human Relations Commission by Amending Chapter 2.64 of the Rapid City Municipal Code. (Continued from the 10/7/13 Council)
52. No. 13RZ023 - First Reading, Ordinance 5962, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Fisk Land Surveying & Consulting Engineers, Inc for Andrew J. Severson for a Rezoning from Low Density Residential District I to Low Density Residential II District for Tract 2 and Tract 4 Less Lot H1 of Pine View Terrace, for property generally described as being located at the southwest corner of the Park Drive and Wonderland Drive Intersection.
Community Planning & Development Services Department Items
53. No. 13PL097 - A request by Fisk Land Surveying & Consulting Engineers, Inc for Franklin O. Simpson for a Preliminary Subdivision Plan for Proposed Tract T, U, V and W of Fountain Springs Business Park, for property generally described as being located at the northeast corner of the intersection of Fountain Plaza Drive and South Plaza Drive.
Legal & Finance Committee Items (NONE)
Public Works Committee Items
54. No. PW070913-07 Authorize Mayor and Finance Officer to Sign Resolution No. 2013-074 A Resolution of Necessity for the Acquisition of Public Right-of-Way Over Private Property for the Purpose of Constructing a Street and Other Public Infrastructure Through the Exercise of Eminent Domain. (Enchanted Pines Drive) (Continued from the July 15, 2013 Council)
Compass Committee Items
55. No. CC102113-04.3 - Advise Council that Compass has accepted the Chief Auditor's rescindment of resignation and authorize Human Resources to advise other applicants and thank them for their interest in the position.
56. No. CC102113-04.4 - Cash Handling Audit Presentation.
CIP Committee Items
Other Board, Commission & Committee Items
Bids
Alcoholic Beverage License Applications Reissuance - Items 57 - 78
Retail (on-sale) Liquor License Renewals for 2014
57. Red Rock Golf Club LLC DBA Red Rock Golf Club, 6520 Birkdale Dr for a Retail (on-sale) Liquor License
58. Heinsel Investments LLC DBA Comfort Suites, 1333 N Elk Vale Rd for a Retail (on-sale) Liquor License
59. Sanfords Grub & Pub South Dakota Inc DBA Sanford's Grub & Pub, 306 7th Street for a Retail (on-sale) Liquor License
60. GMRI Inc DBA The Olive Garden, 160 Disk Dr for a Retail (on-sale) Liquor License
61. GMRI Inc DBA Red Lobster #460, 120 Disk Dr for a Retail (on-sale) Liquor License
62. Porter Apple Company Inc DBA Applebee's Neighborhood Grill & Bar, 2160 Haines Ave for a Retail (on-sale) Liquor License
63. American Legion DBA American Legion, 818 E St Patrick St for a Retail (on-sale) Liquor License
64. Hungrys Restaurants Inc DBA Marlins Roadhouse Grill, 2803 Deadwood Ave for a Retail (on-sale) Liquor License
65. Outback Steakhouse of Florida LLC DBA Outback Steakhouse, 665 East Disk Dr for a Retail (on-sale) Liquor License
Retail (on-sale) Liquor-Restaurant License Renewals for 2014
66. Rare Hospitality International Inc DBA Longhorn Steakhouse-Rapid City #5406, 1510 Eglin St for a Retail (on-sale) Liquor-Restaurant License
Package (off-sale) Liquor License Renewals for 2014
67. Sam's West Inc DBA Sam's Club #6565, 925 Eglin Street for a Package (off-sale) Liquor License
68. Wal-Mart Stores Inc DBA Wal-Mart Supercenter #1604, 1200 N LaCrosse St for a Package (off-sale) Liquor License
69. Wal-Mart Stores Inc DBA Walmart #3872, 121 Stumer Road for a Package (off-sale) Liquor License
70. Country Stores Inc DBA BJ's Country Store, 701 E Saint Patrick St for a Package (off-sale) Liquor License
Retail (on-off sale) Wine License Renewals for 2014
71. CCW LLC DBA Huhot Mongolian Grill, 1745 Elgin St, Ste 990 for a Retail (on-off sale) Wine License
72. Jian Y Liang DBA Hunan Chinese Restaurant, 1720 Mt Rushmore Rd for a Retail (on-off sale) Wine License
73. Target Corporation DBA Target Store T-2457, 1415 Eglin St for a Retail (on-off sale) Wine License
74. Chrisbro LLC DBA Hampton Inn, 1720 Rapp St for a Retail (on-off sale) Wine License
75. Museum Alliance of Rapid City Inc DBA The Journey Museum, 222 New York St for a Retail (on-off sale) Wine License
76. Luo Inc DBA Great Wall Restaurant, 315 E North St for a Retail (on-off sale) Wine License
77. Ichiban LLP DBA Ichiban, 1109 W Omaha St, Ste A for a Retail (on-off sale) Wine License
78. Robert W Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Blvd 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
Planning Commission Appeals
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 79 - 83
Open Public Hearing - Items 79 - 83 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 79 - 83
CONSENT PUBLIC HEARING ITEMS Item 79 - 82
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
79. No. 13VR001 - A request by Renner & Associates, LLC for a Vacation of Right-of-Way for a portion of Lot A of the S1/2 of the SE1/4, Section 21, T2N, R7E, BHM, Rapid City and Pennington County, South Dakota, for property generally described as being located northeast of Universal Drive.
Alcohol Licenses
80. MG Oil Company DBA East North Casino, 230 E North Street for a Retail (on-off sale) Malt Beverage License TRANSFER from CMS LLC DBA The Hall Inn, 214 E St Joe Street (Inactive)
81. Rapid City Area Chamber for Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for December 3, 2013 at Suzie Cappa Art Center, 722 St Joseph Street
82. Dakotas Best & Brown Bag Deli, Inc DBA Dakotas Best, 2200 N Maple Avenue, Suite 242 for a Package (off-sale) Malt Beverage & SD Farm Wine License
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 83
83. No. LF101613-05 Resolution No. 2013-086B Levying Assessment for Cleanup of Miscellaneous Property
BILLS
84. No. CC102113-01 Bill List for October 21, 2013
ADJOURN