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City Council Policies and Procedures

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

6:30 P.M., Monday, December 1, 2014

 

ROLL CALL AND DETERMINATION OF QUORUM

INVOCATION (You are welcome to participate, but not required)

PLEDGE OF ALLEGIANCE

ADOPTION OF AGENDA

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.

Public Comment
Open Public Comment
- 1
Close Public Comment

Legal & Finance Committee Items
1. No. LF112514-14 - Resolution No. 2014-118 Authorizing the Issuance of Sales Tax Obligations for the Rushmore Plaza Civic Center in an Amount Not to Exceed $180,000,000 in Construction Costs and Further Authorizing Certain Officers of the City to Approve, Execute and Deliver Agreements and Documents Relating to the Obligations
Committee Action: Carried (4-1)

NON-PUBLIC HEARING ITEMS - Items 2 - 109

Open Public Comment - Items 2 - 37
Close Public Comment

CONSENT ITEMS - Items 2 - 37

Remove Items from the "Consent Items" and Vote on Remaining Consent Items

Approve Minutes
2. Approve Minutes for the November 17, 2014 Regular Council meeting.

Alcoholic Beverage License Applications Set for Hearing (December 15, 2014)
3. Black Hills Chapter of Germans from Russia Heritage Society for a SPECIAL EVENT Beer License for an Event Scheduled for February 22, 2015 at Blessed Sacrament Church, 4500 Jackson Boulevard
4. Black Hills Works Foundation DBA Suzie Cappa Art Center, 722 St. Joseph Street for a Retail (on-off sale) Wine License
5. Thrifty Smoke Shop Inc. - Kurt Schimmer DBA Thrifty Smoke Shop III, 1101 W Omaha #3 for a Package (off-sale) Liquor License
6. Mills Drug Inc. DBA Boyds Liquor Mart, 1424 Mt Rushmore Rd, for a Package (off-sale) Liquor License
7. Bach Investment Inc. DBA Hideaway Casino, 1575 N LaCrosse St Ste I, for a Package (off-sale) Liquor License
8. Fresh Start Convenience Stores Inc. DBA Fresh Start #31, 2215 Haines Ave for a Package (off- sale) Liquor License

Public Works Committee Consent Items
9. No. PW112514-02 - Approve to Confirm the Reappointments Charles Tinant, Karen Olsen, Nick Stroot, and Rick Askvig to the Parks & Recreation Advisory Board.

10. No. PW112514-03 - Approve to Confirm the Reappointments of John Van Beek and Stephen Swanson to the Rapid City Trenching Board.

11. No. PW112514-04 - Approve Change Order #5 to Site Work Specialists, Inc. for Landfill Cell 16 Expansion Construction, Project No. 13-2111, for a decrease of $6,788.30.

12. No. PW112514-05 - Approve Change Order #1F to RCS Construction for South Robbinsdale Drainage Projects - E Centennial & E Nebraska, Project No. 14-2184 / CIP No. 50425, in the amount of $1,221.65.

13. No. PW112514-06 - Approve Change Order #1 to RCS Construction for Twilight Drive and Anderson Road Water Transmission Main Extension, Project No. 12-2012 / CIP No. 50899, for a decrease of $24,868.96.

14. No. PW112514-07 - Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Highway Improvement Inc. for Asphalt Surface Crack Sealing, Project No. 14- 2226, in the amount of $125,000.00.

15. No. PW112514-08 - Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement between the City of Rapid City and Geo-Logic Associates for Cell 13 & 14 Final Cover System, Project No. 13-2146, in the amount of $80,910.00.

16. No. PW112514-09 - Authorize Mayor and Finance Office to Sign Second Addendum to Memorandum of Agreement with the Kiwanis-Mary Hall Park Committee.

17. No. PW112514-10 - Authorize Mayor and Finance Officer to Sign minor changes to the Deer Management Plan, and authorize the harvesting of 150 deer for the 2014/2015 season.

18. No. PW112514-11 - Approve Change Order No. 2 to Duininck, LLC, for Meadowbrook Golf Course Bunker Improvements Project, PR12-6101, for an increase of 31,156.75.

19. No. PW112514-12 - Approve request from Western Area Power Administration for easements over property located at Star of the West Sports Complex, with the stipulation that any proceeds from the granting of these easements be available to the Parks and Recreation Department.

20. No. PW112514-13 - Acknowledge Update on Rapid City Soccer Complex - Roger Tellinghuisen.

21. No. PW112514-14 - Acknowledge the Discussion, Reaffirm the Snow Policy, and Authorize Mayor and Finance Officer to Sign a Memorandum of Understanding Between the City of Rapid City and Pennington County Highway Department - Exchange of Snow Routes.

Legal & Finance Committee Consent Items
22. No. LF112514-01 - Community Investment Committee - Approve Proposed Bylaws

23. No. LF112514-02 - Approve Special Event Application for Rapid City Downtown Association for Free Parking on December 6, 2014, and December 20, 2014

24. No. LF112514-03 - Authorize Staff to Purchase One (1) RAM 1500 Crew Cab Truck in the Amount of $26,174 Using State Bid Contract #16674

25. No. LF112514-04 - Acknowledge October 2014 General Fund Cash Balance Report

26. No. LF112514-05 - Approve FY2015 Allied Arts Funding Allocation for Community Investments (Arts & Humanities)

27. No. LF112514-06 - Approve moving the Wednesday, December 31, 2014, Legal & Finance Committee meeting to Tuesday, December 30, 2014, immediately following the Public Works Committee meeting

28. No. LF112514-07 - Resolution No. 2014-083 to Amend the City of Rapid City Compensation Plan by Reclassifying the Position of Police Community Relations Specialist

29. No. LF112514-08 - Resolution No. 2014-103 Authorizing Salary Adjustments for the City's Non- Union Employees Based on the Salary Adjustments Contained in the Contracts between the City and Its Various Employee Bargaining Units

30. No. LF112514-09 - Resolution No. 2014-115 to Amend the City of Rapid City Compensation Plan by Establishing a New Position of Police Officer II

31. No. LF112514-10 - Resolution No. 2014-116 to Amend Job Title Changes of Civic Center General Manager, Civic Center Assistant General Manager, and Event Services Director Within the Civic Center

32. No. LF112514-11 - Preliminary Approval for Proposed FY 2015 Community Development Block Grant (CDBG) Funding Allocations

33. No. LF112514-12 - Preliminary Approval for Proposed FY2015 Human Services Grant Funding Allocations

34. No. LF112514-13 - Update on Downtown licensed contractor parking.

35. No. LF112514-17 - Resolution No. 2014-117 to Set the Amount of Penalties and Late Fees for Parking Violations.

Community Planning & Development Services Department Consent Items (NONE)

Continued Consent Items (NONE)

Bid Award Consent Items
36. No. CC120114-02.1 - Approve Request to Continue the Bid Award for a High Pressure Jet Sewer Cleaning Machine to the December 15, 2014, City Council Meeting

37. No. CC120114-02.2 - Approve Award of Total Bid for Street Light Maintenance Contract to Conrad's Big C Signs Inc., the lowest responsible bidder, at the December 1, 2014, Council Meeting in the amount of $66,516.90.

END OF CONSENT ITEMS

NON-CONSENT ITEMS - Items 38-109

Open Public Comment - Items 38-109
Close Public Comment

Ordinances
38. No. LF111214-13 - Second Reading, Ordinance No. 6020, An Ordinance Authorizing the Issuance and Sale of Parking Revenue Refunding Bonds and Pledging Certain Revenues of the City to the Payment of said Bonds; Authorizing Officers of the City to Approve, Execute and Deliver Certain Agreements and Documents Relating to the Bonds

39. No. LF111214-14 - Second Reading, Ordinance No. 6022, An Ordinance to Provide for Prepayment of Claims for Services by Adding Section 3.04.035 to the Rapid City Municipal Code

40. No. LF111214-15 - Second Reading, Ordinance No. 6023, An Ordinance to Revise the Procedure for and Amounts of Penalties for Parking Violations by Amending Chapters 10.40 and 10.44 of the Rapid City Municipal Code

41. No. LF112514-15 - Introduction and First Reading of Ordinance No. 6003 to Adopt the 2012 International Mechanical Code by Amending Chapter 15.26 of the Rapid City Municipal Code

42. No. LF112514-16 - Introduction and First Reading of Ordinance No. 6004 to Adopt the 2012 International Fuel Gas Code by Amending Chapter 15.22 of the Rapid City Municipal Code

43. No. 14RZ011 - Introduction and First Reading of Ordinance 6021, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Chris Ericks for a Rezoning from General Commercial District to Medium Density Residential District for Lot B of Tract 1 of (Outlot B) of Merchens First Addition, located in Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located 620 East Meade Street.

Community Planning & Development Services Department Items
44. No. 14PL067 - A request by Sperlich Consulting, Inc for Vantage Properties, LLC, Don Wieseler for a Preliminary Subdivision Plan for proposed Lot 1 of Vista Ridge Subdivision, legally described as a portion of Lot 3 of the NW1/4 of the SW1/4, less Lot H1, of Section 32, a portion of the alley adjacent to Lot 3 of the NW1/4 of the SW1/4, less Lot H1 of Section 32, a portion of the NW1/4 of the SW1/4 of Section 32, all of Lot 4 of the NW1/4 of the SW1/4 less Lot H1 of Section 32 and a portion of the alley adjacent to Lot 4 of the NW1/4 of the SW1/4, less Lot H1 of Section 32, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of East North Street and Century Road intersection.
Recommendation: Approve with stipulations

Compass Committee Items (NONE)

CIP Committee Items (NONE)

Other Board, Commission & Committee Items (NONE)

Bids (NONE)

Alcoholic Beverage License Applications - Reissuance Items 45-109

2015 Retail (on-sale) Liquor - Restaurant Renewals
45. Rare Hospitality International Inc. DBA Longhorn Steakhouse - Rapid City #5406, 1510 Eglin Street for a Retail (on-sale) Liquor - Restaurant License
46. Black Hills BBQ Inc. DBA Famous Dave's BBQ, 1718 Eglin Street for a Retail (on-sale) Liquor - Restaurant License

2015 Package (Off-sale) Liquor Renewals
47. MG Oil Company DBA Corner Pantry - LaCrosse, 2130 LaCrosse Street for a Package (off-sale) Liquor License
48. Derby Advertising Inc. DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Package (off-sale) Liquor License
49. Canyon Lake Liquors LTD DBA Canyon Lake Liquor, 4244 Canyon Lake Drive for a Package (off-sale) Liquor License
50. La Croix Investments Inc. DBA Bus's Bottle Shop, 615 E North for a Package (off-sale) Liquor License
51. B & L Inc. DBA Boyd's Liquor Mart, 655 Mountain View Rd for a Package (off sale) Liquor License
52. Eaglecav LLC DBA Sooper Dooper Liquor, 915 E Saint Patrick Street for a Package (off-sale) Liquor License
53. B & L Inc. DBA Boyd's Liquor Mart, 909 E St Patrick Street for a Package (off-sale) Liquor License
54. Safeway Stores 46 Inc. DBA Safeway Store #1554, 730 Mt. View Road for a Package (off-sale) Liquor License
55. Fat Boys Inc. DBA Firehouse Brewing Co., 610 Main Street for a Package (off-sale) Liquor License
56. Metanoia LLC DBA Fresh Start - Rapid Valley #21, 3887 East Highway 44 for a Package (off- sale) Liquor License
57. Safeway Store 46 Inc. DBA Safeway -R City #3166, 730 Mountain View Rd for a Package (off- sale) Liquor License

2015 Retail (On-sale) Liquor License Renewals
58. Slainte LLC DBA Murphy's Bar & Grill II, 510 9th Street for a Retail (on-sale) Liquor License
59. Western Dakota Gaming Inc. DBA Valley Sports Bar, 1865 S Valley Drive for a Retail (on-sale) Liquor License
60. Phatty McGee's Inc. DBA Phatty McGee's Inc., 321 7th Street for a Retail (on-sale) Liquor License
61. Texas Roadhouse Holdings LLC DBA Texas Roadhouse, 2106 N Maple Ave for a Retail (on- sale) Liquor License
62. Robbinsdale Entertainment Center LLC DBA Robbinsdale Lounge, 801 E St Patrick Street for a Retail (on-sale) Liquor License
63. Jackson Blvd Hospitality LLC DBA Days Inn & Lounge, 725 Jackson Boulevard for a Retail (on- sale) Liquor License
64. Kurylas Inc. DBA Imperial Hotel, 100 St Joseph Street for a Retail (on-sale) Liquor License
65. Slainte LLC DBA Murphy's Irish Pub, 510 9th Street for a Retail (on-sale) Liquor License
66. MG Oil Company DBA Clock Tower Lounge, 2525 W Main Street for a Retail (on-sale) Liquor License
67. RC Boston Company LLC DBA Boston's Restaurant and Sports Bar, 620 E Disk Drive for a Retail (on-sale) Liquor License
68. Hungry's Restaurants Inc. DBA Marlin's Roadhouse Grill, 2803 Deadwood Ave for a Retail (on- sale) Liquor License
69. LaCrosse Hospitality Management LLC DBA Ramada, 1902 N LaCrosse Street for a Retail (on- sale) Liquor License
70. KOL LLC DBA Dublin Square, 504 Mt. Rushmore Rd for a Retail (on-sale) Liquor License
71. Rapid City Elks Club DBA Elks Lodge #1187, 3333 E 39th Street for a Retail (on-sale) Liquor License
72. VFW DBA Rushmore Post 1273, 420 Main Street for a Retail (on-sale) Liquor License
73. Arrowhead Country Club DBA Arrowhead Country Club, 3675 Sheridan Lake Rd for a Retail (on- sale) Liquor License
74. GMRI Inc. DBA The Olive Garden #1664, 160 Disk Drive for a Retail (on-sale) Liquor License
75. Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub LLC, 510 Main Street for a Retail (on-sale) Liquor License
76. Porter Apple Company Inc. DBA Applebee's Neighborhood Grill & Bar, 2160 Haines Ave for a Retail (on-sale) Liquor License
77. Fat Boy's Inc. DBA Firehouse Brewing Co., 610 Main Street for a Retail (on-sale) Liquor License
78. La Croix Investments Inc. DBA Time Out Lounge, 615 E. North Street for a Retail (on-sale) Liquor License
79. Sodak Mex Inc. DBA On the Border, 1331 E. North Street for a Retail (on-sale) Liquor License
80. Red Rock Golf Club LLC DBA Red Rock Golf Club, 6520 Birkdale Drive for a Retail (on-sale) Liquor License
81. Deano's Casino Inc. DBA Deano's Casino Inc., 903 E North Street for a Retail (on-sale) Liquor License
82. Retsel Inc. DBA Grand Gateway Hotel/Cheers, 1721 N. LaCrosse Street for a Retail (on-sale) Liquor License.

2015 Retail (on-off sale) Wine License Renewals
83. Golden Fortune Inc. DBA Golden Fortune Inc., 1118 E North Street for a Retail (on-off sale) Wine License
84. Luo Incorporated DBA Imperial Chinese Restaurant, 702 E North Street for a Retail (on-off sale) Wine License
85. Mai T Goodsell DBA Saigon Restaurant, 221 E North Street for a Retail (on-off sale) Wine License
86. S & Y Inc. DBA Golden Phoenix Restaurant, 2421 W Main Street for a Retail (on-off sale) Wine License
87. Botticelli's Ristorante Italiano Inc. DBA Botticelli's Ristorante Italiano, 523 Main Street for a Retail (on-off sale) Wine License
88. Uncork'd Wine & Tapas Bar LLC DBA Uncork'd Wine & Tapas Bar, 5734 Sheridan Lake Rd #207 for a Retail (on-off sale) Wine License
89. Ichiban LLP DBA Ichiban, 1109 W Omaha Street Suite A for a Retail (on-off sale) Wine License
90. WNRRC LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine License
91. Black Hills Coffee Company DBA Black Hills Coffee, 5955 Highway 16 #G for a Retail (on-off sale) Wine License
92. Rapid City Arts Council Inc. DBA Dahl Arts Center, 713 7th Street for a Retail (on-off sale) Wine License
93. Someone's In the Kitchen Inc. DBA Someone's In the Kitchen, 2210 Haines Ave for a Retail (on- off sale) Wine License
94. Independent Ale House LLC DBA Independent Ale House, 625 St. Joseph Street for a Retail (on- off sale) Wine License
95. RC Boston Company LLC DBA Hilton Garden Inn, 815 E Mall Drive for a Retail (on-off sale) Wine License
96. Wobbly Bobby British Pub LLC DBA Ciao, 512 Main Street #130 for a Retail (on-off sale) Wine License
97. Fat Boy's Inc. DBA Firehouse Brewing Co., 616 Main Street for a Retail (on-off sale) Wine License
98. Everest Cuisine LLC DBA Everest Cuisine, 2328 W Main Street for a Retail (on-off sale) Wine License
99. Mall Fuji Corp. DBA Fuji Sushi & Saki Bar, Rushmore Mall #478, 2200 N. Maple Ave for a Retail (on-off sale) Wine License
100. Lori Eggersgluess DBA Mystique Edge Day Spa & Salon, 318 Mount Rushmore Rd Suite E for a Retail (on-off sale) Wine License
101. Target Corporation DBA Target Store T-2457, 1415 Eglin Street for a Retail (on-off sale) Wine License
102. Derby Advertising Inc. DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (on-off sale) Wine License
103. CADPAR LLC DBA Solace, 5734 Sheridan Lake Rd Suite 204 for a Retail (on-off sale) Wine License
104. Canvas 2 Paint LLC DBA Canvas 2 Paint, 632 St Joseph Street for a Retail (on-off sale) Wine License
105. Platinum Restaurant Group, Inc. DBA Marco's Pizza #3019, 3625 Jackson Blvd for a Retail (on- off sale) Wine License
106. Kathmandu Bistro LLC DBA Kathmandu Bistro, 727 Main Street for a Retail (on-off sale) Wine License
107. The Potter Family Inc. DBA The Potter Family Theatre, 632 ½ Saint Joseph Street for a Retail (on-off sale) Wine License
108. Joaquin Martinez Martinez DBA El Mariachi, 1012 E North Street Suite A for a Retail (on-off sale) Wine License
109. Performing Arts Center of Rapid City DBA Performing Arts Center of Rapid City, 601 Columbus Street for a Retail (on-off sale) Wine License

Mayor's Items (NONE)

Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee

Staff Items (NONE)

Appeals
Appeals Planning Commission
License Appeals
Other Appeals Heard by the Council

PUBLIC HEARING ITEMS - Items 110-115

Open Public Hearing - Items 110-115

CONTINUED PUBLIC HEARING CONSENT ITEMS - (NONE)

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing - Items 110-115

CONSENT PUBLIC HEARING ITEMS - Item 110-113

Remove Items from the "Consent Public Hearing Items" and Vote on Remaining Consent Items

Community Planning & Development Services Department Items
110. 14VR004 - Original Town of Rapid City. A request by Fisk Land Surveying and Consulting Engineers, Inc. for Norman Hansen to consider an application for a Vacation of Right of Way for property generally described as being located at 3 Main Street.
Recommendation: Approve with stipulations

111. No. 14TI001 - A request by Dream Design International, Inc for Technology Housing 2, LLC for a Resolution to Create a Tax Increment District #75 for Lots 1 - 16 and the adjacent rights-of-way to Lots 1 - 16 of Block 5 of Denman's Subdivision, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Saint Joseph Street between Myrtle Avenue and Maple Avenue.
Recommendation: Approve

112. No. 14TI002 - Denmans Subdivision - A request by Dream Design International, Inc for Technology Housing 2, LLC to consider an application for a Project Plan for property generally described as being located south of Saint Joseph Street between Myrtle Avenue and Maple Avenue.
Recommendation: Approve with stipulation

Alcohol Licenses
113. Knights of Columbus for a SPECIAL EVENT Wine License for an Event Scheduled for February 6, 2015 at Blessed Sacrament Church, 4500 Jackson Boulevard

Assessment Rolls (NONE)

Other Items Requiring Public Hearings (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS - Items 114-115
114. No. 14PD033 - Appeal the Planning Commission's decision on a request by Fisk Land Surveying and Consulting Engineers, Inc., for Dr. Jim Castleberry, Cornerstone Rescue Mission for a Major Amendment to a Planned Development to allow a group home for transitional housing for property generally described as being, located at 301 Fox Run Drive.

115. No. 14PD036 - Second Reading, Ordinance 6019, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, to create a Planned Unit Development Zoning District within Described Property as requested by Renner & Associates, LLC for Cummins Central Power for Lots 2R and 3R of Block 1 of I-90 Heartland Business Park, legally described as Lots 2, 3 and 8 of Block 1 of I-90 Heartland Business Park, located in the E1/2 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located North Elk Vale Road and Taggert Road.

BILLS
116. No. CC120114-01 - Bill List for December 1, 2014

ADJOURN