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2016 11 21 City Council Agenda

pdf PDF Version of the November 21, 2016 Agenda (213 KB)

 

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, November 21, 2016

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. Proclamation recognizing November 21, 2016 as Brandi Tronkel Day

GENERAL PUBLIC COMMENT (3-minute time limit per speaker)

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 2 – 95

Open Public Comment – Items 2 – 42 (3-minute time limit per speaker)
     Close Public Comment

CONSENT ITEMS – Items 2 – 42

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

Approve Minutes
2. Approve pdf Minutes (278 KB) for the November 7, 2016 Regular Council meeting.

Vacations of Right-Of-Way Set for Hearing (NONE)

Alcoholic Beverage License Applications Set for Hearing (December 5, 2016)
3. Wobbly Bobby British Pub DBA Wobbly Bobby British Pub, 510 Main Street for Retail (on-sale) Liquor TRANSFER from Wobbly Bobby British Pub DBA Ciao, 512 Main Street Suite 130

4. Shiba Investments Inc. DBA Shiba Investments, The Rushmore Hotel, 445 Mt Rushmore Rd for a Retail (on-sale) Liquor TRANSFER from Shiba Investments Inc. DBA Adoba, 445 Mt. Rushmore Rd

5. Sickies ND, Inc. DBA Sickies Garage, 3313 E Mall Drive for a Retail (on-sale) Liquor TRANSFER from Kurylas Inc. DBA Imperial Hotel, 100 St Joseph Street

5a. Walnut Grove LLC DBA Klinkeltown, 512 Main Street Suite 130 for a Retail (on off sale) Malt Beverage License

5b. Walnut Grove LLC DBA Klinkeltown, 512 Main Street Suite 130 for a Retail (on off sale) Wine License

2017 Retail (on-off sale) Wine License Renewal
6. Ixtapa LLC DBA Ixtapa Restaurant, 603 Omaha Street for a Retail (on-off sale) Wine License

Public Works Committee Consent Items
7. No. PW111516-24 – Confirm the appointment of Jenn Johnson to the Historic Preservation Commission.

8. No. PW111516-25 – Confirm the reappointment of Galen Hoogestraat and new appointments of Gerald Sullivan, Mike Quasney, Mike Golliher, and Curt Huus to the Planning Commission.

9. No. PW111516-01 – Approve Change Order #1 to Highmark Inc. for Southside Drive Sanitary Sewer Extension, Project No. 14-2095 / CIP No. 50328 for an increase of $16,380.51.

10. No. PW111516-02 – Approve Change Order #1 to R.C.S. Construction for Baldwin Reconstruction, Project No. 14-2189 / CIP No. 50822.1-1 for an increase of $23,850.28.

11. No. PW111516-03 – Approve Change Order #1F to J & J Asphalt Company for Pavement Rehab Back Nine & Pebble Beach, Project No. 15-2301 / CIP No. 50844 for an increase of $31,734.56.

12. No. PW111516-23 – Approve Change Order #1 to Highmark Inc. for Dyess Avenue Reconstruction and Downstream Drainage Channel Improvements, Project No. 12-2032 / CIP 50934 for an increase of $13,753.84.

13. No. PW111516-04 – Authorize Staff to Advertise for Bids for Mallow Street Radius Reconstruction, Project No. 16-2340 / CIP No. 51118. Estimated Cost $70,000.00.

14. No. PW111516-05 – Authorize Staff to Advertise for Bids for RC Public Library – Public Area Update Project No. 16-2355. Estimated Cost: $125,000.00.

15. No. PW111516-06 – Authorize Staff to Advertise for Bids for East Rapid Water Expansion Water Reclamation Facility Water Main Extension, Project No. 14-2196 / CIP No. 50964.D. Estimated Cost: $1,400,000.00.

16. No. PW111516-07 – Authorize Mayor and Finance Officer to Sign Amendment to the Agreement between the City of Rapid City and KTM Design Solutions, Inc. for Rapid Valley Sanitary Sewer Bypass, Project No. 13-2076 / CIP No. 50911, for an increase of $76,041.00 and amend the project completion date.

17. No. PW111516-08 – Authorize Mayor and Finance Officer to Sign Pipeline License #WL1120 for water main to cross the Railroad for East Rapid Water Expansion Water Reclamation Facility Water Main Extension. Project No. 14-2196 / CIP No. 50964.D.

18. No. PW111516-09 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement for Alley south of Kansas City Street between 4th Street and 2nd Street Sanitary Sewer Improvements, Project No. 16-2338 / CIP No. 50827.

19. No. PW111516-10 – Authorize Mayor and Finance Officer to Sign “Consent to Cross a U.S. Government Easement” for use by The City of Rapid City to cross a waterline easement.

20. No. PW111516-11 – Authorize Mayor and Finance Officer to Sign Agreement Between the City, Holiday Stationstores, Inc., and the South Dakota Department of Transportation to permit Holiday to delay abandonment of sewer lines at the sewer main until the DOT reconstructs the intersection of Omaha Street and East Boulevard.

21. No. PW111516-12 – Approve Request from Alex Drewitz for a Variance to Waive the Requirement to Install Sidewalk per Rapid City Ordinance 12.08.060 Along Wildwood Drive adjacent to 5515 Wildwood Drive, Rapid City.

22. No. PW111516-13 – Approve Corrected funding for Bid Award Recommendation for Project No. 15-2300 / CIP No. 50844.

23. No. PW111516-26 – Approve Corrected funding pages on Change Order #1 to Reede for Mount Rushmore Road - St James to Kansas City Street, Project No. 13-2139 / CIP No. 50950. The funding amounts were off by .02 cents across three funds. Overall dollar amount stays $55,643.79.

24. No. PW111516-14 – Approve Grant submittal to Federal Transit Administration (FTA) and accept funds if awarded.

25. No. PW111516-15 – Authorize Mayor and Finance Director to sign a professional services agreement for Solid Waste Landfill Cells 18-19 Design of Liner and Leachate Collection System, Project No. SW2016-003.

26. No. PW111516-16 – Authorize Mayor and Finance Officer to Sign Resolution No. 2016-066 Establishing Rates for the Rapid City Department of Parks and Recreation.

27. No. PW111516-17 – Acknowledge the report for Traffic Signal Warrants and East Minnesota Street & Elk Vale Road Intersection – SDDOT and Direct staff to bring back a recommendation for the installation and a funding recommendation for the traffic signal at the intersection of East Minnesota Street and Elk Vale Road.

28. No. PW111516-18 – Deny the Request from Pennington County for a Variance to Waive the Requirement to Install Sidewalk per Rapid City Ordinance 12.08.060 along the Cambell Street Service Road, Rapid City.

29. No. PW111516-19 – Deny Appeal by KTM Design Solutions, Inc. of an Exception Request denial to waive the requirement to construct public improvements in Dyess Avenue and Direct staff to come back with a funding source for the west side of the road which will be reimbursed through the waiver of right to protest from the west side property owner.

30. No. PW111516-22 – Acknowledge the report from staff regarding wild turkey issues in Rapid City.

Legal & Finance Committee Consent Items
31. No. LF111616-06 – Approve Rapid City Regional Airport Rates and Charges for FY 2017

32. No. LF111616-03 – Authorize Staff to Apply for and Accept if Awarded Additional Funding for a South Dakota Hazardous Materials Emergency Preparedness Training Grant in the Amount of $474.08 for a Hazardous Materials Training Course

33. No. LF111616-01 – Approve Resolution No. 2016-085A a Resolution Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property

34. No. LF111616-04 – Acknowledge September 2016 Sales Tax Report.

35. No. LF111616-08 – Resolution No. 2016-089 Resolution Declaring Miscellaneous Personal Property Surplus

36. No. LF111616-12 – Acknowledge October 2016 General Fund Cash Balance Report.

37. No. LF110216-04 – Approve Resolution No. 2016-079 Creation of Budget Analyst Position.

38. No. 16TP024 – Approve the 2017 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization

39. No. 16TP025 – Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and the SDDOT for Accomplishing the Rapid City Area Transportation Planning Process in the Amount of $582,035

40. No. LF111616-02 – Acknowledge Discussion on Solid Waste Rate Increase.

41. Direct Staff to Cease and Desist New Hazardous Tree Removal Program until it can be straightened out.

CIP Committee Consent Items (NONE)

Community Planning & Development Services Department Consent Items (NONE)

Bid Award Consent Items
42. CC112116-02.1 - Approve award of Total Informal Quote for Lilac Lane Project No. 16-2356 / CIP No. 51151 opened on November 15, 2016, to the lowest responsible bidder, Tru-Form Construction, Inc., in the amount of $12,608.00.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 43 - 95

Open Public Comment – Items 43 – 95 (3-minute time limit per speaker)
     Close Public Comment

Ordinances
43. No. LF110216-05 – Second Reading, Ordinance 6147, An Ordinance Regarding Supplemental Appropriation #4 for 2016.

44. No. LF111616-05 – First Reading, Ordinance 6148, An Ordinance Regarding Supplemental Appropriation #5 for 2016.

Public Works Committee Items
45. No. PW111516-20 – Appeal of Denial of Request for Exception to not dedicate additional Collector Street ROW along Luna Avenue.
Recommendation: Send to City Council without recommendation

Legal & Finance Committee Items
46. No. LF111616-10 – Discussion on Revised 2016 City Council Mission and Vision Statement
Recommendation: Send to City Council without recommendation

47. No. LF111616-09 – Approve 2017 Budget Supplement Report and identify the funding source as transferring $50,000 from the City Council contingency fund and accept the remaining balance from the existing 2017 police budget.
Recommendation: Approve

CIP Committee Items (NONE)

Community Planning & Development Services Department Items
48. No. 16PL096 - A request by KTM Design Solutions for Hagg Brothers LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 3 of Block 1 and Lots 1 thru 12 of Block 2 of Moon Meadows, generally described as being located east of Mt. Rushmore Road and north of Sammis Trail.
Recommendation: Approve with Stipulations

49. No. 16PL101 - A request by Renner Associates LLC for Brant Grote for a Preliminary Subdivision Plan for proposed Lot LG of Gibson Subdivision, generally described as being located 3964 Red Rock Canyon Road.
Recommendation: Approve with Stipulations

50. No. 16PL104 - A request by Sperlich Consulting, Inc for SODAK Development Company for a Preliminary Subdivision Plan for proposed Lots 8 thru 11 of Block 6, Lots 9 thru 14 of Block 9 and Lots 1 thru 6 of Block 10 of Homestead Subdivision, generally described as being located north of the intersection of Haakon Street and Darian Street.
Recommendation: Approve with Stipulations

51. No. 16VE020 - Elks Crossing - A request by Karissa Steiger for Multiple (See File) to consider an Appeal of Staff’s Decision on a Vacation of Easement for property generally described as being located at 4330, 4340, 4350, 4360, 4370, 4402, 4410, 4418, 4426, 4434, 4514, 4522 and 4538 Duckhorn Street.
Recommendation: Send to City Council without recommendation

52. No. 16VE021 - Elks Crossing - A request by Karissa Steiger for Cora Jo and Elton Barber to consider an Appeal of Staff’s Decision on a Vacation of Easement for property generally described as being located at 4835 Vinecliff Drive.
Recommendation: Send to City Council without recommendation

53. No. 16VE022 - Elks Crossing - A request by Karissa Steiger for Craig and Stacy Wehrle to consider an Appeal of Staff’s Decision on a Vacation of Easement for property generally described as being located at 4419 Vinecliff Drive.
Recommendation: Send to City Council without recommendation

Other Board, Commission & Committee Items (NONE)

Bid Awards (NONE)

Alcoholic Beverage License Applications (Items 54-95)
2017 Retail (On Sale) Liquor License Renewals
54. Western Dakota Gaming Inc. DBA Valley Sports Bar, 1865 S Valley Drive for a Retail (on sale) Liquor License
55. Wobbly Bobby British Pub LLC DBA Ciao, 512 Main St Ste 130 for a Retail (on sale) Liquor License
56. The Retired Enlisted Assoc. Inc. DBA Chapter #29, 1981 E Centre Street for a Retail (on sale) Liquor License
57. WR Rapid City Ventures LP DBA Minerva’s Bar & Restaurant, 2111 N LaCrosse Street for a Retail (on sale) Liquor License
58. Colonial House Inc. DBA Colonial House, 2315 Mount Rushmore Rd for a Retail (on sale) Liquor License
59. Kurylas Inc. DBA Imperial Hotel (Inactive), 100 St Joe Street for a Retail (on sale) Liquor License
60. Hungry’s Restaurant Inc. DBA Marlin’s Roadhouse Grill, 2803 Deadwood Ave for a Retail (on sale) Liquor License
61. Outback Steakhouse of Florida LLC DBA Outback Steakhouse, 665 East Disk Drive for a Retail (on sale) Liquor License
62. Dakota Wingmen LLC DBA Native New Yorker Grill & Wings, 1756 Eglin Street for a Retail (on sale) Liquor License
63. Shiba Investments Inc DBA Adoba, 445 Mt Rushmore Road for a Retail (on sale) Liquor License
64. VFW DBA Rushmore Post 1273, 420 Main Street for a Retail (on sale) Liquor License
65. Arrowhead Country Club DBA Arrowhead Country Club, 3675 Sheridan Lake Rd for a Retail (on sale) Liquor License
66. Moyle Petroleum Company DBA Inferno Food by Fire – Hwy 44, 3503 E Hwy 44 for a Retail (on sale) Liquor License
67. Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub LLC, 510 Main Street for a Retail (on sale) Liquor License
68. Fat Boy’s Inc. DBA Firehouse Brewing Co., 610 Main Street for a Retail (on sale) Liquor License
69. Deano’s Casino Inc. DBA Deanos Casino II, 903 E North Street Suite A for a Retail (on sale) Liquor License
70. Sioux Restaurants LLC DBA TGI Fridays, 2205 N LaCrosse Street for a Retail (on sale) Liquor License

2017 Package (Off Sale) Liquor License Renewals
71. EagleCav LLC DBA Sooper Dooper Liquor, 915 E Saint Patrick Street for a Package (off sale) Liquor License
72. Staple & Spice Market Inc. DBA Staple & Spice Market, 601 Mt. Rushmore Rd for a Package (off sale) Liquor License
73. Fat Boys Inc. DBA Firehouse Brewing Co., 610 Main Street for a Package (off sale) Liquor License
74. Holiday Station Stores, Inc. DBA Holiday #449, 1846 Eglin Street for a Package (off sale) Liquor License

2017 Retail (On-Off Sale) Wine License Renewals
75. Mai T Goodsell DBA Saigon Restaurant, 221 E North Street for a Retail (on-off sale) Wine License
76. WR Rapid City Ventures LP DBA Oakleaf Beer Garden, 2111 N. LaCrosse Street for a Retail (on-off sale) Wine License
77. Botticellis Ristorante Italiano Inc. DBA Botticellis Ristorante Italiano, 523 Main Street for a Retail (on-off sale) Wine License
78. Diamond Hospitality LLC DBA Howard Johnson Inn & Suites, 950 North Street for a Retail (on-off sale) Wine License
79. Adelaide Inc. DBA Juniper, 5734 Sheridan Lake Rd, Ste 207 for a Retail (on-off sale) Wine License
80. Frankie’s LLC DBA Thirsty’s, 819 Main Street for a Retail (on-off sale) Wine License
81. WNRRC LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine License
82. Black Hills Coffee Company DBA Black Hills Coffee, 5955 S Highway 16 #G for a Retail (on-off sale) Wine License
83. Rapid City Arts Council Inc. DBA Dahl Arts Center, 713 7th Street for a Retail (on-off sale) Wine License
84. Mall Fuji Corp DBA Fuji Sushi & Saki Bar, Rushmore Mall – 2200 N Maple #478 for a Retail (on-off sale) Wine License
85. Lori Eggersgluess DBA Mystique Edge Day Spa & Salon, 318 Mount Rushmore Rd Ste. E for a Retail (on-off sale) Wine License
86. C C W LLC DBA Huhot Mongolian Grill, 1745 Eglin Street Suite 990 for a Retail (on-off sale) Wine License
87. Sodaco Inc. DBA Baymont Inn & Suites, 4040 Cheyenne Blvd for a Retail (on-off sale) Wine License
88. Joaquin Martinez Martinez DBA El Mariachi, 1012 E North Street Suite A for a Retail (on-off sale) Wine License
89. Dakota Slice LLC DBA Blaze Pizza, 1325 Eglin Street Suite 100 for a Retail (on-off sale) Wine License
90. Performing Arts Center of Rapid City DBA Performing Arts Center of Rapid City, 601 Columbus Street for a Retail (on-off sale) Wine License
91. Black Hills Works Foundation Inc. DBA Suzie Cappa Art Center, 722 Saint Joseph Street for a Retail (on-off sale) Wine License
92. Continental Leisure Inc. DBA Carousel Casino, 2050 W Main Street Suite 2A for a Retail (on-off sale) Wine License
93. Yanga A. Allison DBA Si Belle Salon & Spa, 325 Omaha Street Suite 3 for a Retail (on-off sale) Wine License
94. Dakota T&R LLC DBA Dakota’s Best Wine and Gifts, 2200 N Maple Ave Suite 242 for a Retail (on-off sale) Wine License
95. Tina M. Fletcher DBA The Best Little Hair House, 526 6th Street for a Retail (on-off sale) Wine License

Mayor’s Items (NONE)

Council Items & Liaison Reports (NONE)

Staff Items (NONE)

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

PUBLIC HEARING ITEMS – Items 96 – 103

Open Public Hearing (comment) - Items 96 –103 (3-minute time limit per speaker)
[Public Hearing Remains Open]

Close Public Hearing (comment) - Items 96 – 103

CONSENT PUBLIC HEARING ITEMS – Items 96 – 102

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

Community Planning & Development Services Department Items (NONE)

Alcohol Licenses
96. Rapid City Catholic School System for a SPECIAL EVENT Malt Beverage and Wine License for an Event Scheduled for December 2, 2016 at Rapid City Catholic School System, 2101 City Springs Rd Ste. 100

97. GMB Rushmore, LLC DBA GMB Rushmore, LLC (dba MRP Rushmore, LLC) dba MacKenzie River Grill & Pub, 1205 Eglin Street for a Retail (on-sale) Liquor TRANSFER from Slainte LLC DBA Murphy’s Irish Pub (Inactive), 510 9th Street

2017 Package (off-sale) Liquor License Renewals
98. Lester Hospitality – Rapid City LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th Street for a Package (off sale) Liquor License

99. Fresh Start Convenience Stores Inc. DBA Don’s Valley Market, 3343 Haines Ave for a Package (off sale) Liquor License

100. Fresh Start Convenience Stores Inc. DBA Fresh Start #31, 2215 Haines Ave for a Package (off sale) Liquor License

2017 Retail (on-sale) Liquor License Renewals
101. Lester Hospitality Rapid City LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th Street for a Retail (on sale) Liquor License

Assessment Rolls
102. No. LF110216-09 – Approve Resolution No. 2016-070B A Resolution Levying Assessment for Cleanup of Miscellaneous Property

Other Items Requiring Public Hearings (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Item 103
103. No. 16RZ033 - Second Reading, Ordinance 6146, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by FMG, Inc for Holiday Stationstores, Inc. for a Rezoning from Low Density Residential District to General Commercial District for property generally described as being located northwest of E. SD Highway 44 and Elk Vale Drive.
Recommendation: Approve

BILLS
104. No. CC112116-01 – Bill List for November 21, 2016

ADJOURN

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