AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, December 2, 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; Allen Kleinsasser, Ward 2
2. Community Connection Award to Rapid Transit System
3. Presentation of Unit Challenge Coin Award
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
4. No. CC120213-04.1 - Update on Volunteer Organization Active in Disaster (VOAD) and Adventist Community Services Phyllis Alexander, Dakota Conference Director
NON-PUBLIC HEARING ITEMS -- Items 5 - 97
Open Public Comment Items 5 - 55
Close Public Comment
CONSENT ITEMS Items 5 - 55
Remove Items from the Consent Items and Vote on Remaining Consent Items
Approve Minutes
5. Approve Minutes for the November 18, 2013 Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (NONE)
Alcoholic Beverage License Applications Set for Hearing (December 16, 2013)
6. Rapid City Area Chamber of Commerce for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for January 16, 2014 at Ketel Thorstenson LLC, 810 Quincy Street
7. Black Hills Chapter of Germans from Russia Heritage Society for a SPECIAL EVENT Malt Beverage License for an Event Scheduled for February 23, 2014 at Blessed Sacrament Parish Center, 4500 Jackson Blvd.
8. Museum of the American Bison for a SPECIAL EVENT Wine License for an Event Scheduled for December 21-22, 2013 at Museum of the American Bison, 607 St Joseph Street
9. Kol, LLC DBA Kol, 504 Mt Rushmore Road for a Retail (on-sale) Liquor License TRANSFER from Dublin Square Inc DBA Dublin Square, 504 Mt Rushmore Road
Retail (on-sale) Liquor License Renewals for 2014
10. Sodak Mex I Inc DBA On The Border, 1331 E North St for a Retail (on-sale) Liquor License
11. ERJ Dining IV LLCC DBA Chili's Grill & Bar, 2120 N Haines Ave for a Retail (on-sale) Liquor License
Retail (on-off sale) Wine License Renewals for 2014
12. Frankie's LLC DBA Thirsty's, 819 Main for a Retail (on-off sale) Wine License
13. Piesano's Pacchia Inc DBA Piesano's Pacchia, 3618 Canyon Lake Dr #121 for a Retail (on-off sale) Wine License
Public Works Committee Consent Items
14. No. PW112613-02 Confirm the Reappointment of Steve Malone to the Zoning Board of Adjustment.
15. No. PW112613-03 Acknowledge Letter from EPA Regarding Uranium Mining.
16. No. PW112613-04 Approve Change Order #1F to Heavy Constructors Inc. for Enchantment Road Sanitary Sewer Extension, Project No. 11-1977 / CIP No. 50882, for an increase of $13,719.28.
17. No. PW112613-05 Approve Change Order #1F to J&J Asphalt Company for Pavement Rehabilitation Project Winfield Ct to Odde Dr, Project No. 13-2096 / CIP No. 50844, for an increase of $131.45.
18. No. PW112613-06 Approve Change Order #1F to Hills Materials Company for East Indiana Street and Laurel Avenue Water Main Reconstruction, Project No. 12-2058 / CIP No. 50389.4-1A, for an increase of $5,612.94.
19. No. PW112613-07 Approve Change Order #1F to RCS Construction for Silver Street Area Utility Improvements Phase 2 Gold Street, Project No. 12-2020 / CIP No. 50828, for a decrease of $67,718.26.
20. No. PW112613-09 Approve Change Order #1F to Simon Contractors of SD Inc. for Red Dale Traffic Calming Project, Project No. 13-2106 / CIP No. 50956, for a decrease of $115.09.
21. No. PW112613-10 Approve Change Order #6 to Dean Kurtz Construction for Elk Vale Lift Station Upgrades, Project No. 11-1999 / CIP No. 50728, for a decrease of $47,192.51.
22. No. PW112613-11 Approve Change Order #1 To American Environmental Group LTD for Landfill Cell 16 Liner System Construction, Project No. SW13-2112, for an increase of $82,660.87.
23. No. PW112613-13 Authorize Mayor and Finance Officer to Sign Memorandum of Understanding Between the City of Rapid City and Pennington County Highway Department Exchange of Snow Routes.
24. No. PW112613-15 Approve Request for Authorization to Purchase of a 1/2 Ton Extended Cab Pick Up from McKie Ford for $23,031.00, Matching State Bid Contract #16546.
25. No. PW112613-16 Approve Request for Authorization to Purchase a 3/4 Ton Regular Cab Pick Up from McKie Ford for $22,236.82, Matching State Bid Contract #16544.
26. No. PW112613-17 Renew contract with Polydyne Inc. for Cationic Sludge Polymer for one year.
27. No. PW112613-19 Authorize Mayor and Finance Officer to sign Memorandum of Agreement between the City of Rapid City and Black Hills Mountain Bike Association for management and maintenance of Bike Skills Park.
28. No. PW112613-08 Approve Change Order #1 to Scull Construction Service Inc for Canyon Lake Dam Reconstruction, Project No. 08-1743 / CIP No. 50739, for an increase of $33,299.04.
29. No. PW112613-14 Approve with the Requirement to Sign a Waiver of Right to Protest (WORP) a Request from Henriksen, Inc. for Amcon Distributing Company for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along Turbine Drive and to approve the request to waive the requirement to install sidewalk along Elk Vale Road for the Property located at 1511 Turbine Drive Lot 1 of Block 2 in Rushmore Regional Industrial Park, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.
30. No. PW112613-18 Approve Resolution No. 2013-097 Establishing Fees for Grave Spaces and Cemetery Services.
31. No. PW112613-20 Approve the Deer Harvest Recommendation of 150 Deer for the 2013-2014 Season.
32. No. CC111813-04.4 Request the Mayor to authorize staff to bring back recommendation for the Downtown Parking Ramp request to the February 11, 2014 Public Works Committee Meeting.
33. No. PW112613-23 Acknowledge Update on Winter Storm Atlas Cleanup Operations
Legal & Finance Committee Consent Items
34. No. LF112613-02 Confirm Reappointments of Dale Landis, Jim Schamber and Barb Storbeck and Appointments of Robin Page, Sonny Lee Orr and Francey McOwen-Standart to the Mayor's Committee for People with Disabilities
35. No. LF112613-03 Confirm Appointments of Jessica Olson and Robert Pasqualucci to the Library Board of Trustees
36. No. LF112613-04 - Acknowledge Capital Improvement Program Committee Monthly Update for November 2013
37. No. LF112613-05 - Approve Capital Plan for Street, Drainage and MIP Projects for November 2013
38. No. LF112613-06 - Approve Capital Plan for Government Buildings - Fire & Emergency Services for November 2013
39. No. LF112613-07 - Approve Capital Plan for Government Buildings - Parks & Recreation November 2013
40. No. LF112613-08 - Approve Capital Plan for Government Buildings CSAC for November 2013
41. No. LF112613-09 - Approve Capital Plan for Information Technology for November 2013
42. No. LF112613-10 Request Permission to Apply and Accept if Awarded a Grant from Western States Fire Managers as Part of their Wildland Urban Interface State Fire Assistance Grant Program in the Amount of $300,000
43. No. LF112613-11 Request Permission to Apply and Accept if Awarded a Grant from Western States Fire Managers as Part of their Wildland Urban Interface State Fire Assistance Grant Program in the Amount of $290,000
44. No. LF112613-12 Request Permission to Apply and Accept if Awarded a Grant from Western States Fire Managers as Part of their Wildland Urban Interface State Fire Assistance Grant Program in the Amount of $223,500
45. No. LF112613-13 Request Permission to Apply and Accept if Awarded from FEMA a Pre-Disaster Hazard Mitigation Grant in the Amount of $60,000
46. No. LF112613-14 Resolution No. 2013-121 Appointment of Applicant Agent for the Hazard Mitigation Grant Program (HMGP)
47. No. LF112613-15 Resolution No. 2013-120 to Declare as Surplus and Donate Property No Longer Needed for Public Purposes to Western Dakota Technical Institute
48. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Beth Hamm, Karen Hansen, Ann Hennies
49. No. LF112613-17 Resolution No. 2013-116 Writing Off Uncollectable Utility Billing Accounts
50. No. LF112613-18 Resolution No. 2013-117 Writing Off Credit Balance Utility Billing Accounts
51. No. LF112613-19 Approve Resolution No. 2013-118 Establishing the Terms of the Loan from the SAB28 Fund to the Drainage Utility Fund for Startup Operational Costs of the Utility.
52. No. LF112613-20 Approve Resolution No. 2013-119 to Approve Revised Parks and Recreation Annual Pass Rates and Payroll Deduction for City Employees.
53. No. LF112613-21 - Authorize Mayor and Finance Officer to sign Addendum #2 to Memorandum of Joint Powers Agreement between the City of Rapid City and the Office of History, State of South Dakota
54. No. CC111813-04.3 Authorize Mayor and Finance Officer to Sign Memorandum of Understanding Between the City of Rapid City and the Performing Arts Center of Rapid City, Inc. Relating to Corporate Structure and Operations
Community Planning & Development Services Department Consent Items (NONE)
Continued Consent Items (NONE)
Bid Award Consent Items
55. No. CC120213-02.1 - Approve award of Total Bid for Curtis Street Sanitary Sewer Replacement Project No. 12-2007 / CIP No. 50876 opened on November 26, 2013, to the lowest responsible bidder, Mainline Contracting, Inc., in the amount of $51,322.00.
END OF CONSENT ITEMS
NON-CONSENT ITEMS Items 56 - 97
Open Public Comment Items 56 - 97
Close Public Comment
Ordinances
56. No. 13OA002 Second Reading, Ordinance No. 5968, An Ordinance Requiring that a Standardized Development Agreement be Entered into in Conjunction with Submittal of Development Engineering Plans and Requiring a Fully Executed Development Agreement as a Condition of Approval for a Final Plat by Amending Chapter 16.12 of the Rapid City Municipal Code.
57. No. PW112613-21 First Reading, Ordinance No. 5975, An Ordinance to Change the Organizational Makeup of the Department of Public Works by Amending Chapter 2.44 of the Rapid City Municipal Code.
58. No. LF112613-23 First Reading, Ordinance No. 5971, Supplemental Appropriation #3 for 2013.
59. No. LF112613-24 First Reading, Ordinance No. 5972, An Ordinance Amending Chapter 2.89 of the Rapid City Municipal Code by Amending Section 2.89.060 Concerning Membership and Terms of the Parks and Recreation Advisory Board and Adding Sections 2.89.070 and 2.89.080 Concerning Rapid City Beautification Committee and Rapid City Urban Wildlife Committee.
60. No. LF112613-25 First Reading, Ordinance No. 5973, An Ordinance Amending Provisions Concerning the Rapid City Urban Forestry Board by Amending Sections 12.32.030 and 12.32.040 of the Rapid City Municipal Code.
61. No. LF112613-26 First Reading, Ordinance No. 5969, An Ordinance Adopting Provisions Concerning Rapid City Public Libraries Board of Trustees by Adding Chapter 2.86 of the Rapid City Municipal Code.
62. No. 13RZ027 - First Reading, Ordinance 5970, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc for Terry Batchelder from Flood Hazard District to Low Density Residential District for property generally located at north of the intersection of Creek Drive and East Saint Charles Street.
Community Planning & Development Services Department Items
63. No. 13PL111 - A request by Sperlich Consulting, Inc for Gordon Howie, attorney in fact for RJ Development for a Preliminary Subdivision Plan for property generally located at the current terminus of Savannah Street and Leola Lane.
64. No. 13PL114 - A request by Kimley-Horn and Associates for a Preliminary Subdivision Plan for Lot 6 of Block 2 of Black Hills Center, for property generally located at 35 East Stumer Road.
Legal & Finance Committee Items
65. No. LF112613-01 Confirm appointment of Donna Winkler and Don Frankenfeld to the Rushmore Plaza Civic Center Board of Directors.
66. No. LF112613-22 Authorize Mayor and Finance Officer to Sign Fourth Addendum to the Master Development Agreement with President's Plaza L.L.C.
67. No. CC120213-04.3 - Funding Request from the Performing Arts Center of Rapid City, Inc.
Public Works Committee Items
68. No. PW112613-22 Approve Request from M Hill Business Plaza for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along Omaha Street and Deny Request for a Variance to Waive the Requirement to Install Sidewalk Per City Ordinance 12.08.060 along Canal Street for the Property Located at 1401 Omaha Street Lots 1-5 and Adjacent Vacated Alleys, Less a 20' x 35' Tract in the NW Corner of Said Lot 1 of Block 18 in Gateway Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota.
Compass Committee Items
CIP Committee Items
Other Board, Commission & Committee Items
Bids
Alcoholic Beverage License Applications Reissuance Items 69 - 96
Retail (on-sale) Liquor License Renewals for 2014
69. Viper LLC DBA Reunion Lounge/Ramada, 1902 N LaCrosse St for a Retail (on-sale) Liquor License
70. Deanos Casino Inc DBA Deanos Casino, 903 East North Street for a Retail (on-sale) Liquor License
71. Arrowhead Country Club DBA Arrowhead Country Club, 3675 Sheridan Lake Rd for a Retail (on-sale) Liquor License
72. Ugly Inc DBA Budd Ugly's, 321 7th St for a Retail (on-sale) Liquor License
73. RC Boston Company LLC DBA H20 Bar and Grill, 620 E Disk Dr for a Retail (on-sale) Liquor License
74. Kelly's Sports Lounge Inc DBA Kelly's Sports Lounge, 825 Jackson Blvd for a Retail (on-sale) Liquor License
75. Kellys Sports Lounge Incorporated DBA Kellys Sports II, 825 Jackson Blvd for a Retail (on-sale) Liquor License
76. Two Lefties & Panchos Mexican Grille DBA Pancheros Mexican Grill, 1221 West Omaha for a Retail (on-sale) Liquor License
77. Slante LLC DBA Murphys Irish Pub, 510 9th St for a Retail (on-sale) Liquor License
78. Kurylas Inc DBA Imperial Hotel, 100 St Joe St for a Retail (on-sale) Liquor License
79. VFW DBA Rushmore Post 1273, 420 Main St for a Retail (on-sale) Liquor License
Package (off-sale) Liquor License Renewals for 2014
80. Mills Drug Inc DBA Boyds Liquor Mart, 1424 Mt Rushmore Rd for a Package (off-sale) Liquor License
81. B&L Inc DBA Boyds Liquor Mart, 909 E St Patrick St for a Package (off-sale) Liquor License
82. B&L Inc DBA Boyds Liquor Mart, 655 Mt View Rd for a Package (off-sale) Liquor License
83. Staple & Spice Market Inc DBA Staple & Spice Market, 601 Mt Rushmore Rd for a Package (off-sale) Liquor License
84. Orris Enterprises Inc DBA Vino 100 & Tinder Box, 520 7th St #520 for a Package (off-sale) Liquor License
Retail (on-off sale) Wine License Renewals for 2014
85. Black Hills Coffee Company DBA Black Hills Coffee, 5955 S Highway 16 #G for a Retail (on-off sale) Wine License
86. Botticellis Ristorante Italiano Inc DBA Botticellis Ristorante Italiano, 523 Main St for a Retail (on-off sale) Wine License
87. WNRRC LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine License
88. Rapid City Arts Council Inc DBA Dahl Arts Center, 713 7th St for a Retail (on-off sale) Wine License
89. Mall Fuji Corp DBA Fuji Sushi & Saki Bar, Rushmore Mall #478, 2200 N Maple for a Retail (on-off sale) Wine License
90. S&Y Inc DBA Golden Phoenix Restaurant, 2421 W Main St for a Retail (on-off sale) Wine License
91. Lori Eggersgluess DBA Mystique Edge, 509 7th St for a Retail (on-off sale) Wine License
92. Z'Mariks LLC DBA Noodle Café, 2335 W Main St #110 for a Retail (on-off sale) Wine License
93. The Potter Family Inc DBA The Potter Family Inc, 632 1/2 Saint Joseph St for a Retail (on-off sale) Wine License
94. Cadpar LLC DBA Solace, 5734 Sheridan lake Rd Ste 204 for a Retail (on-off sale) Wine License
95. Orris Enterprises Inc DBA Vino 100 & Tinder Box, 620 7th St for a Retail (on-off sale) Wine License
96. Wine Cellar Restaurant LLC DBA Wine Cellar Restaurant, 513 6th St 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
97. No. CC120213-04.2 - Authorize Finance Officer to sign State/Applicant Agreement State of South Dakota Disaster Contract (regarding Winter Storm Atlas grant reimbursements)
Appeals
Planning Commission Appeals
License Appeals
Other Appeals Heard by the Council
PUBLIC HEARING ITEMS Items 98 107
Open Public Hearing - Items 98 107 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS (NONE)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing - Items 98 107
CONSENT PUBLIC HEARING ITEMS Item 98 - 106
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
98. No. 13CA015 - A request by Sperlich Consulting for Terry Batchelder for an Amendment to the Comprehensive Plan to change the land use designation from Industrial to Residential for property generally located north of the intersection of Creek Drive and East Saint Charles Street.
Alcohol Licenses
99. Rapid City Library Foundation for a SPECIAL EVENT Wine License for an Event Scheduled for December 3, 2013 at the Rapid City Library, 610 Quincy Street
100. Youth & Family Services for a SPECIAL EVENT Wine and Malt Beverage License for an Event Scheduled for February 7-8, 2014 at Youth & Family Services, 120 East Adams
101. K&P LLC DBA Hay Camp Brewing Company, 201 Main Street, Suite 109 for a Retail (on-off sale) Malt Beverage License
102. Viper LLC DBA Ramada, 1902 N LaCrosse Street for a Package (off-sale) Malt Beverage License
Retail (on-sale) Liquor License Renewals for 2014
103. Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub LLC, 510 Main Street for a Retail (on-sale) Liquor License
104. A J Inc DBA Shotgun Willies, 2808 W Main St for a Retail (on-sale) Liquor License
Package (off-sale) Liquor License Renewals for 2014
105. Fresh Start Convenience Stores Inc DBA Fresh Start Convenience Stores Inc, 3275 Campbell Street for a Package (off-sale) Liquor License
Assessment Rolls
106. No. LF112613-16 Resolution No. 2013-103B Levying Assessment for Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Item 107
Retail (on-sale) Liquor License Renewals for 2014
107. No. CC120213-04.4 - QSL-Rapid City LLC DBA Quaker Steak & Lube, 3313 E Mall Dr for a Retail (on-sale) Liquor License
BILLS
108. No. CC120213-01 Bill List for December 2, 2013
ADJOURN