AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, November 4, 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. Homeless Awareness Proclamation
1a. Smoke Free South Dakota Day Proclamation
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
2. No. 110413-04.1 - Report from the Rapid City Public Libraries Board (Library Director Update) Rod Pettigrew, Chairperson; Maryanne Rohrer, Vice Chairperson
NON-PUBLIC HEARING ITEMS -- Items 3 107
Open Public Comment Items 3 61
CONSENT ITEMS Items 3 61
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
3. Approve Minutes for the October 21, 2013 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (November 18, 2013)
4. Black Hills Arts Resource Center Inc DBA Performing Arts of Rapid City for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for December 7-8, 2013 at Performing Arts Center of Rapid City, 601 Columbus Street.
5. Viper LLC DBA Ramada, 1902 N LaCrosse Street for a Package (off-sale) Malt Beverage License
6. Deanos Casino Inc DBA Deanos Casino, 903 East North Street for a Retail (on-sale) Liquor License TRANSFER from GS Corp DBA Casa Re-Al, 2315 1/2 Mt Rushmore Rd (InActive)
7. Fresh Start Convenience Stores Inc DBA Fresh Start Convenience Stores Inc, 3275 Campbell Street for a Package (off-sale) Liquor License TRANSFER from First Northern Bank of Wyoming DBA Dacotah Liquor, 418 Knollwood Dr
2014 Retail (On Sale) Liquor Convention License Renewals
8. Retsel Inc DBA Grand Gateway Hotel/Cheers, 1721 N LaCrosse St for a Retail (on-sale) Liquor License
Retail (on-sale) Liquor License Renewals for 2014
9. Texas Roadhouse Holdings LLC DBA Texas Roadhouse, 2106 N Maple Ave for a Retail (on-sale) Liquor License
10. Rapid City Elks Club DBA Elks Lodge #1187, 3333 E 39th St for a Retail (on-sale) Liquor License
Package (off-sale) Liquor License Renewals for 2014
11. Nash Finch Company DBA FTC Express #257, 3460 Sturgis Road for a Package (off-sale) Liquor License
12. Retsel Corp DBA Grand Gateway Hotel, 1721 N LaCrosse St for a Package (off-sale) Liquor License
13. LaGrand Station LLC DBA LaGrand Station, 3851 Eglin St for a Package (off-sale) Liquor License
14. Walgreen Co DBA Walgreens #09512, 1125 N LaCrosse St for a Package (off-sale) Liquor License
Public Works Committee Consent Items
15. No. PW102913-02 Approve Change Order #1 to Upper Plains Contracting for East North Street Reconstruction, Project No. 12-2017 / CIP No. 50865, for an increase of $1,394.01.
16. No. PW102913-03 Approve Change Order #1 to Highmark Inc. for West Chicago and Staton Place Reconstruction and Drainage Improvements, Project No. 12-1187 / CIP No. 50364, for an increase of $49,247.75.
17. No. PW102913-04 Approve Change Order #1F to Highmark Inc. for Jackson Boulevard Utilities Breakout Project, Project No. 12-2081 / CIP No. 50947, for a decrease of $68,483.80.
18. No. PW102913-05 Approve Change Order #2F to Hills Materials Company for Pavement Rehabilitation Project Carriage Hills Area, Project No. 13-2069 / CIP No. 50844, for a decrease of $15,789.00.
19. No. PW102913-06 Authorize Staff to Advertise for Bids for Curtis Street Sanitary Sewer Replacement, Project No. 12-2007 / CIP No. 50876. Estimated Cost: $50,000.00.
20. No. PW102913-07 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and American Engineering Testing Inc. for ASA Softball Parkview Addition, Project No. 12-2043 / CIP No. 50937, in the amount of 5,882.00.
21. No. PW102913-08 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Upper Deck Architects for Professional Services for Utility Maintenance Facility, Project No. 13-2120 / CIP No. 50870, in the amount of $55,066.00.
22. No. PW102913-09 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering, Inc. for Professional Design Services for 5th Street and Catron Blvd Traffic Signal Modifications, Project No. 13-2143/ CIP No. 51020, in the amount of $20,864.00.
23. No. PW102913-10 Authorize Mayor and Finance Officer to Sign Urban Surface Transportation Program Funding Agreement, PCN 005V, Project No. 07-1473.
24. No. PW102913-11 Authorize Mayor and Finance Officer to Sign Urban Surface Transportation Program Funding Agreement, PCN 04P5 and PCN 04P6, Project No. 13-2125.
25. No. PW102913-12 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement between the City of Rapid City and Designworks Inc for Professional Services for ASA Softball Parkview Addition, Project No. 12-2043 / CIP No. 50937, in the amount of $68,032.00.
26. No. PW102913-13 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Black Hills Power, Inc. for Reimbursement of Underground Utility Expenses for the Mount Rushmore Road Project.
27. No. PW102913-14 Approve Acceptance of Infrastructure for East Minnesota Street Extension: Marlin Drive East to the 1/4 Section Line DEV09-957.
28. No. PW102913-16 Approve Resolution No. 2013-090, Establishing 2014 Golf course Fees.
29. No. PW102913-17 Approve Resolution No. 2013-091, Establishing Rates for the Roosevelt Park Ice Arena.
30. No. PW102913-18 Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Cetec Engineering, Inc. for Professional Planning, Design & Construction Administration Services for Skyline Wilderness Park Trailhead Development & Dinosaur Park Improvements, Project No. PR13-6109 / CIP No. 51002, in the amount of $163,289.00.
31. No. PW102913-15 Approve Resolution No. 2013-089, Establishing Rates for the Rapid City Aquatics Division.
32. No. PW091013-10 Acknowledge discussion on Request from Tom Udager for a Waiver of Regulations to be Permitted to Repair or Replace his Current Septic System at 3618 Ridge Drive and to Request the Mayor to authorize staff to work with Mr. Udager to secure the required data.
33. No. PW100113-27 Acknowledge withdrawal of Appeal of Denial of Request for an Exception from Dream Design International, Inc. for Patrick Hall to Waive the Requirement to Install 36' of Pavement, Curb and Gutter, Street Light Conduit, Water Main, Sewer Main, and to Dedicate 100' of Right-of-Way along the Proposed Principal Arterial Street Identified in the Major Street Plan for the Property Located at the Southeast Corner of Sheridan Lake Road and Dunsmore Road (13EX193) the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4 Lying South of Lot H2 and Lot P2, excepting there from the east 480' of the SE1/4 of the SW1/4 and excepting there from Moon Meadows Estates and Less Right-of-Way, all located in Section 28, T1N, R7E, BHM, Pennington County, South Dakota.
34. No. PW100113-30 Acknowledge withdrawal of Appeal of Denial of Request for an Exception from Dream Design International, Inc. for Patrick Hall to Waive the Requirement to Extend Water and Sewer Mains within Dunsmore Subdivision for the Property Located at the Southeast Corner of Sheridan Lake Road and Dunsmore Road (13EX196) the SW1/4 of the SW1/4 and the SE1/4 of the SW1/4 Lying South of Lot H2 and Lot P2, excepting there from the east 480' of the SE1/4 of the SW1/4 and excepting there from Moon Meadows Estates and Less Right-of-Way, all located in Section 28, T1N, R7E, BHM, Pennington County, South Dakota.
35. No. PW102913-20 Acknowledge Report on Options on Cost Recovery for Off-Site Improvements other than Oversizing Costs.
36. No. PW102913-21 Acknowledge Update on Winter Storm Atlas Cleanup Operations
37. No. PW102913-22 Request the Mayor to authorize staff to conduct an open house with the Minnewasta Road area homeowners regarding the Reconstruction Project and to provide a report to the November 12, 2013 Public Works Committee Meeting.
Legal & Finance Committee Consent Items
38. No. LF103113-01 - Approve Appointment of Dot Rasmussen to the Compass Committee
39. No. LF103013-02 - Acknowledge Capital Improvement Program Committee Monthly Update for October 2013
40. No. LF103013-03 - Approve Capital Plan for Street, Drainage and MIP Projects for October 2013
41. No. LF103013-04 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for October 2013
42. No. LF103013-05 - Approve Capital Plan for Government Buildings - Parks & Recreation for October 2013
43. No. LF103013-06 - Approve Capital Plan for Government Buildings CSAC for October 2013
44. No. LF103013-07 - Approve Capital Plan for Information Technology for October 2013
45. No. LF103013-08 Authorize Staff to Purchase One 4 x 4 Crew Cab Special Service Vehicle Ram 1500 under State Bid Contract #16543 in the Sum of $25,240
46. No. LF103013-10 Request Permission to Apply for and Accept Grant from the John T. Vucurevich Foundation to Provide Community Paramedic Services
47. No. LF103013-11 Resolution No. 2013-103A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property
48. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Karen Hansen, Elizabeth Jarding, Hared Sealine
49. No. LF103013-12 - Acknowledge September 2013 General Fund Cash Balance Report
50. No. LF103013-13 Acknowledge August 2013 Sales Tax Report
51. No. LF103013-14 Authorize City Staff to Begin Contract Negotiations with Tyler Technologies for the Munis Financial Software Package
52. No. LF103013-15 Resolution No. 2013-104 to Add Three Full Time Equivalent (FTE) Positions Within the Fire Department Per the Approved 2014 Budget
53. No. LF103013-16 Authorize Mayor and Finance Officer to Sign FY2013 Community Block Grant (CDBG) Contract for the Addiction Recovery Centers of the Black Hills
54. No. LF103013-17 Authorize Mayor and Finance Officer to Sign FY2013 Community Block Grant (CDBG) Contract for the Hope Center
55. No. LF103013-18 Authorize Mayor and Finance Officer to Sign Indenture of Restrictive Covenants for Western Resources for dis-Abled Independence
56. No. LF103013-19 Approve Preliminary Approval of Proposed Allocations for the FY2014 Annual Action Plan.
57. No. LF103013-20 Approve Resolution No. 2013-105 to Establish Procedures for the Solicitation and Award of Construction Management Services Contracts.
58. No. LF103013-22 Approve Request to Fund Chamber Renovations from the Council Contingency Fund.
59. Approve moving the November 27, 2013, Legal and Finance Committee meeting to November 26, 2013, immediately following the Public Works meeting.
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
60. No. CC110413-02.1 - Approve award of Bid for One New Current Year Model 2-Wheel Drive Aerial Lift Truck, opened on October 29, 2013, to ABM Equipment, Inc., the lowest responsible bidder meeting specifications, based on their low unit price bid of $135,191.
61. No. CC110413-02.2 - Approve award of Total Bid for Operated Equipment Rental for Street Snow Removal Operations opened on October 29, 2013, to Beka Construction, Lind Exco, Mainline Contracting, Straight Forward Services and B&B Excavating to be utilized on an on call' basis.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 62 107 [to Public Hearing Items]
Open Public Comment Items 62 107 [to Public Hearing Items]
Ordinances
62. No. 13RZ024 - First Reading, Ordinance 5963, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Renner and Associates, LLC for Rapid City Independent School District for a Rezoning from High Density Residential District to Public District for property generally described as being located at 516 South Street.
63. No. 13RZ025 - First Reading, Ordinance 5966, 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 Pilot Properties, LLC for a Rezoning from General Commercial District to Office Commercial District for property generally described as being located at the northwest corner of the intersection of Neel Street and Bernice Street.
64. No. 13RZ026 - First Reading, Ordinance 5967, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Shawn Krull for Paula Efta for a Rezoning from Light Industrial District to General Commercial District for property generally described as being located at 412 Osh Kosh Street.
Community Planning & Development Services Department Items
65. No. 13PL103 - A request by Jake Boerger for a Preliminary Subdivision Plan for Tract S of Fountain Springs Business Park, property generally described as being located as laying south of North Plaza Drive.
66. No. 13PL106 - A request by Caekaert Construction LLC for a Preliminary Subdivision Plan for Lots 17A and 17B in Block 1 of Gemstone Subdivision, property generally described as being located at 520 & 522 Topaz Lane.
67. No. 13PL108 - A request by Perry Bicek for a Preliminary Subdivision Plan for Lots 14A, 14B, 15A and 15B in Block 1 of Gemstone Subdivision, property generally described as being located at 508 and 512 Topaz Lane.
Legal & Finance Committee Items (NONE)
Public Works Committee Items
68. No. PW102913-19 Authorize Mayor and Finance Officer to Sign a Release and Hold Harmless Agreement with M Hill Business Plaza LLC.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
Alcoholic Beverage License Applications - Reissuance Items 69 - 107
Retail (on-sale) Liquor License Renewals for 2014
69. Cortez LLC DBA Alex Johnson Hotel, 523 6th Street for a Retail (on-sale) Liquor License
70. MG Oil Company DBA Clock Tower Lounge, 2525 W Main St for a Retail (on-sale) Liquor License
71. Fraternal Order of Eagles DBA Rapid City Aerie No 3555, 1410 Centre Street for a Retail (on-sale) Liquor License
72. Fresch Inc DBA Joes Place, 4302 S Hwy 79 for a Retail (on-sale) Liquor License
73. Meadowood Lounge Inc DBA Meadowood Lounge, 3809 Sturgis Rd for a Retail (on-sale) Liquor License
74. WR Rapid City Ventures LP DBA Minerva's Bar & Restaurant, 2111 N LaCrosse St for a Retail (on-sale) Liquor License
75. Loyal Order of Moose DBA Loyal Order of Moose, 841 E St Patrick Street for a Retail (on-sale) Liquor License
76. Rushmore Cuisine Inc DBA Ruby Tuesday, 821 Fairmont Blvd for a Retail (on-sale) Liquor License
77. Oasis Lounge Inc DBA Oasis Lounge, 711 Main Street for a Retail (on-sale) Liquor License
78. Atlantis LLC DBA Fairfield Inn & Suites by Marriott, 1314 N Elk Vale Rd for a Retail (on-sale) Liquor License
Package (off-sale) Liquor License Renewals for 2014
79. Cortez LLC DBA Alex Johnson Hotel, 523 6th Street for a Package (off-sale) Liquor License
80. Skyway Enterprises Inc DBA AmericInn Motel, 1632 Rapp Street for a Package (off-sale) Liquor License
81. Wisdom Inc DBA Country Inn & Suites by Carlson-RC, 2321 N LaCrosse St for a Package (off-sale) Liquor License
82. Nash Finch Company DBA Family Thrift Liquor #253, 1516 E St Patrick St for a Package (off-sale) Liquor License
83. Nash Finch Company DBA Family Thrift Center #254, 855 Omaha St for a Package (off-sale) Liquor License
84. Nash Finch Company DBA Family Thrift Center #265, 751 Mountain View Rd for a Package (off-sale) Liquor License
85. Metanoia LLC DBA Fresh Start-Rapid Valley #21, 3887 East Highway 44 for a Package (off-sale) Liquor License
86. Fresh Start Convenience Stores Inc DBA Fresh Start #31, 2215 Haines Ave for a Package (off-sale) Liquor License
87. Bach Investment Inc DBA Hideaway Casino, 1575 N LaCrosse St Ste D for a Package (off-sale) Liquor License
88. Wal-East Development Inc DBA Jackpot Casino Too, 1415 N LaCrosse St #3 for a Package (off-sale) Liquor License
89. Nash Finch Company DBA Prairie Bottle Market #43, 13 New York St for a Package (off-sale) Liquor License
90. Running Supply Inc DBA Runnings Farm & Fleet, 1020 N LaCrosse St for a Package (off-sale) Liquor License
91. Safeway Stores 46 Inc DBA Safeway Store #581, 2120 Mt Rushmore Rd for a Package (off-sale) Liquor License
92. Safeway Stores 46 Inc DBA Safeway-R City #3166, 730 Mountain View Dr for a Package (off-sale) Liquor License
93. Safeway Stores 46 Inc DBA Safeway Store #1554, 730 Mt View Road for a Package (off-sale) Liquor License
94. Dakotamart Inc DBA Sooper Dooper Liquors, 913 E Saint Patrick St for a Package (off-sale) Liquor License
95. Thrifty Smoke Shop Inc DBA Thrifty Smoke Shop, 718 E St Patrick St for a Package (off-sale) Liquor License
96. Thrifty Smoke Shop Inc DBA Thrifty Smoke Shop II, 1101 W Omaha #3 for a Package (off-sale) Liquor License
97. Atlantis LLC DBA Fairfield Inn & Suites by Marriott, 1314 N Elk Vale Rd for a Package (off-sale) Liquor License
Retail (on-off sale) Wine License Renewals for 2014
98. Rapid City/BH Lodging LLC DBA Cambria Suites, 3333 Outfitters Rd for a Retail (on-off sale) Wine License
99. Canvas 2 Paint Inc DBA Canvas 2 Paint, 632 St Joseph St for a Retail (on-off sale) Wine License
100. Everest Cuisine LLC DBA Everest Cuisine, 2328 W Main St for a Retail (on-off sale) Wine License
101. Fuji Japanese Steak House Inc DBA Fuji Japanese Steak House Inc for a Retail (on-off sale) Wine License
102. Bach Investment Inc DBA Hideaway Casino, 1575 N LaCrosse St, Ste D for a Retail (on-off sale) Wine License
103. Luo Incorporated DBA Imperial Chinese Restaurant, 702 E North St for a Retail (on-off sale) Wine License
104. Main Street Square Inc DBA Main Street Square, 526 Main Street for a Retail (on-off sale) Wine License
105. WR Rapid City Ventures LP DBA Oakleaf Beer Garden, 2111 N LaCrosse St for a Retail (on-off sale) Wine License
106. Walgreen Co DBA Walgreens #10656, 1902 Mount Rushmore Rd for a Retail (on-off sale) Wine License
107. Walgreen Co DBA Walgreens #05643, 540 Mountain View 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
Planning Commission Appeals
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 108 - 111
Open Public Hearing - Items 108 111 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 108 111 [same as Public Hearing Items]
CONSENT PUBLIC HEARING ITEMS Item 108
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items (NONE)
Alcohol Licenses
108. 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
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 109 - 111
109. No. 13RZ021 Second 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.
110. No. 13RZ022 Second 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.
111. No. 13RZ023 - Second 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
BILLS
112. No. CC110413-01 Bill List for November 4, 2013
ADJOURN