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2017 09 05 City Council Agenda

 

  pdf PDF Version of 9/5/17 Council Agenda (22 KB)

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Tuesday, September 5, 2017

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. Presentation of Proclamation for Photography Month
2. Presentation of Proclamation for Childhood Cancer Awareness Month

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 3 - 50

Open Public Comment – Items 3 - 33
Close Public Comment

CONSENT ITEMS – Items 3 - 33

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

Approve Minutes
3. Approve pdf Minutes (48 KB) for the August 21, 2017 Regular Council meeting.
4. Approve pdf Minutes (16 KB) for the August 15, 2017 Special Council meeting.
5. Approve pdf Minutes (22 KB) for the August 17, 2017 Special Council meeting.
6. Approve pdf Minutes (13 KB) for the August 21, 2017 Special Council meeting.
7. Approve pdf Minutes (25 KB) for the August 24, 2017 Special Council meeting.

Vacations of Right-Of-Way Set for Hearing (October 2, 2017)
8. 17VR006 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Northwestern Engineering for a Vacation of Right of Way for property generally described as being located at 1130 Pine Hills Drive.

Alcoholic Beverage License Applications Set for Hearing (September 18, 2017)
9. Dakota Slice LLC DBA Blaze Pizza, 515 Mt View Rd for a Retail (on-off sale) Malt Beverage License
10. Dakota Slice LLC DBA Blaze Pizza, 515 Mt View Rd for a Retail (on-off sale Wine License
11. Frankie’s LLC DBA Thirsty’s, 819 Main St for a Retail (on-off sale) Malt Beverage License
12. NAJA Shrine Temple DBA Rapid City Shrine Ctr., for a SPECIAL EVENT On-Sale Dealer License for an Event Scheduled for October 14, 2017 at 4091 Sturgis Road

Public Works Committee Consent Items
13. PW082917-01 – Approve Change Order #1 to Scull Construction Services for Fire Station 5 Improvements, Project No. 2073 / CIP No. 51158 for an increase of $20,614.84.

14. PW082917-02 – Approve Change Order #1F to Mainline Contracting, Inc. for East St. James Water Main Loop, Project No. 16-2346 / CIP No. 50917 for an increase of $13,640.00.

15. PW082917-04 – Authorize Mayor and Finance Officer to Sign a Construction Agreement with Black Hills Energy for removal and replacement of existing electrical facilities for East Idaho Street, East Nevada Street, Ivy Avenue – Street and Utility Reconstruction, Project No. 15-2253 / CIP No. 50421.3-1B in the amount not to exceed $6,000.00.

16. PW082917-05 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and HDR Engineering, Inc. for Professional Construction Administration Services for Water Reclamation Facility (WRF) Process Reliability Improvements, Project No. 16-2342 / CIP No. 51141 in the amount of $79,911.00.

17. PW082917-06 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and FMG, Inc. for Design Professional Services for the Omaha Trunk Sewer – First Street to Maple Avenue, Project No. 16-2353 / CIP No. 50878 in the amount of $110,095.00.

18. PW082917-07 – Authorize Mayor and Finance Officer to Sign Resolution No. 2017-079 a Construction Fee Resolution for Prairie Meadows Subdivision, Phase 3 Water Main Oversizing, Project No. DEV15-1215.

19. PW082917-09 – Approve Acceptance of Infrastructure for Parkview Estate Townhouses, Hanover Drive – DEV13-1132.

20. PW082917-10 – Authorize Staff to Seek Proposals for Professional Services for Disk Drive and Haines Avenue Intersection. Project No. 16-2347 / CIP No. 51121.

21. PW082917-11 – Authorize the Mayor and Finance Officer to sign an Exclusive Beverage Agreement Between the City of Rapid City and Coca Cola Bottling Company High Country for Parks and Recreation facilities.

22. PW082917-03 – Authorize Staff to Advertise for Bids for 2017 Out of the Dust, Project No. 17-2392 / CIP No. 50297. Estimated Cost: $100,000.00.

23. PW082917-08 – Acknowledge updated Advertising Authority for the West Chicago Street Utilities Reconstruction, Project No. 12-2022 / CIP No. 50448, PCN X02Q, being bid in conjunction with the South Dakota Department of Transportation project P0231(12)80 PCN 02R5.

24. PW082917-12 – Authorize staff to purchase one Joined Cantilever Hip—Skyway Shade Structure from Dakota Playground (NJPA Award Contract No. 030117-LSI) in the amount of $38,500 which includes the necessary materials, labor and equipment to install the shade structure at the Sioux Park Tennis Complex.

Legal & Finance Committee Consent Items
25. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Rob Bailey (RSVP+), Vicki Dirks (RSVP+), Mary Gummo (RSVP+)

26. LF083017-01 – Acknowledge July 2017 General Fund Cash Balance Report.

27. LF083017-02 – Approve Resolution No. 2017-077 a Resolution Declaring Miscellaneous Personal Property Surplus

28. LF083017-04 – Authorize Mayor and Finance Officer to Sign FY2017 Community Development Block Grant Contract with Behavior Management Systems, Inc.

29. LF083017-05 – Authorize Mayor and Finance Officer to Sign FY2017 Community Development Block Grant Contract with Pennington County Health and Human Services

30. LF083017-06 – Authorize Mayor and Finance Officer to Sign Local Governing Body Approval Form for Black Hills Work’s South Dakota Housing Opportunity Funds (SD HOF) Application – 803 Soo San Drive

Community Planning & Development Services Department Consent Items (NONE)

Continued Consent Items (NONE)

Bid Award Consent Items
31. CC090517-02.1 - Approve award of total bid for Chief Drive – Pavement Rehabilitation Project, Project No. 17-2360 / CIP No. 50549 opened on August 29, 2017 to the lowest responsible bidder, J & J Asphalt in the amount of $177,582.55

32. CC090517-02.2 - Approve award of total bid for Main Street Water Valve & Concrete Repair Project 2nd Street to East Boulevard, Project No. 17-2390 / CIP No. 50705 opened on August 29, 2017 to the lowest responsible bidder, Complete Concrete, Inc. in the amount of $209,180.00.

33. CC090517-02.3 – Approve award of total bid for Roosevelt Ice Arena Roof Top Unit Replacement Project No. PR17-6159 opened on August 29, 2017 to the lowest responsible bidder, Climate Control System and Services LLC in the amount of $51,275.00

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 34 – 50

Open Public Comment – Items 34 - 50
Close Public Comment

Community Planning & Development Services Department Items
34. 17PL082 - A request by D.C. Scott Surveyors, Inc for James Muellenberg for a Preliminary Subdivision Plan for proposed Lot 1 and Lot 2 of Little A & M Subdivision, generally described as being located at 1080 Kennel Drive.
Recommendation: Approve with Stipulations

35. 17PL087 - A request by KTM Design Solutions, Inc. for a Preliminary Subdivision Plan for Lot 14R of Block 22 of Red Rock Estates, generally described as being located lying west of Bandon Lane.
Recommendation: Approve with Stipulations

Legal & Finance Committee Items
36. LF083017-08 – Resolution No. 2017-080 a Resolution of Intent to Take the Statutorily Authorized Increase in Property Tax Revenue as Part of the Annual Appropriation Ordinance for 2018 Fiscal Year.
Recommendation: Motion to Approve Failed – Vote 2-3

Ordinances
37. CC081517-01 – Second Reading, Ordinance 6194, FY2018 Appropriation Ordinance
Recommendation: Approve as amended – Vote 6-3

38. LF083017-07 – First Reading, Ordinance No. 6189, Supplemental Appropriation #3 for 2017.
Recommendation: Approve

39. LF083017-09 – First Reading, Ordinance No. 6195, An Ordinance to Change the Allocation of the Revenue Raised by the Retail Occupational Sales and Service Tax by Amending Section 3.16.060 and Section 3.16.090 of the Rapid City Municipal Code.
Recommendation: Approve – Vote 4-1

Public Works Committee Items
40. PW080117-25 – Request to Allow a Food Truck on City Property After Leased Hours to be Located in the Southwest Corner of Mount Rushmore Road and Main Street – Jamie Jackson. (Continued from the August 7, 2017 Council at Applicant’s request)
Recommendation: Acknowledged Request

CIP Committee Items
41. pdf CIP081817-00 (70 KB) – Acknowledge Capital Improvement Programs Committee Monthly Update for July 2017
42. CIP081817-03 – Approve Capital Plans for Government Facilities – (Fire & Emergency Services, Parks & Recreation, CSAC)
43. pdf CIP081817-04 (175 KB) – Approve Capital Plan for Fire Vehicles
44. pdf CIP081817-05 (190 KB) – Approve Capital Plan for Parks & Recreation
45. pdf CIP081817-06 (192 KB) – Approve Capital Plan for Information Technology
46. CIP081817-01 – Approve Financial Reports (Contingency, DCA Charges, Matching Grants, Penn Co Loan)
47. pdf CIP081817-02 (183 KB) – Approve Capital Plan for Streets, Drainage, MIP Projects
48. pdf CIP081817-07 (83 KB) - Approve funding for Journey Museum HVAC system in the amount of $41,000 to be funded by reallocating $21,000 from the Journey Museum Parking Lot repair line item and $20,000 from CIP Contingency.

Other Board, Commission & Committee Items

Bids

Alcoholic Beverage License Applications - Special Event
49. Central State Fair, Inc for a SPECIAL EVENT On-Sale Dealer License for an Event Scheduled for September 9, 2017 at 1300 Cherry Avenue

Mayor’s Items

Council Items & Liaison Reports

Staff Items

Appeals - License Appeals
50. CC090517-04.1 Appeal of Denied Security License – Raymond Patterson

PUBLIC HEARING ITEMS – Items 51 - 73

Open Public Hearing - Items 51 - 73 [Public Hearing Remains Open]

CONTINUED PUBLIC HEARING CONSENT ITEMS – Item 51

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

Continue the following items until September 18, 2017:
51. LF083017-10 – Authorize Mayor and Finance Officer to Sign Lease Agreement Between the City of Rapid City and Black Hills Visitor Information Corporation.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing - Items 51 - 73

CONSENT PUBLIC HEARING ITEMS – Item 52 - 71

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

Community Planning & Development Services Department Items (NONE)

Alcohol Licenses
52. MG Oil Company DBA Toby’s Casino, 720 East North Street Ste 110 for a Retail (on-off sale) Malt Beverage license TRANSFER from United Food Inc DBA Toby’s Casino, 720 East North Street Ste 110
53. MG Oil Company DBA Toby’s Casino, 720 East North Street, Ste 100 for a Retail (on-off sale) Malt Beverage license TRANSFER from United Food Inc DBA Toby’s Casino 720 East North Street, Ste 100
54. MG Oil Company DBA Toby’s Casino Too, 714 Cleveland Street for a Retail (on-off sale) Malt Beverage license TRANSFER from United Food Inc DBA Toby’s Casino Too, 714 Cleveland Street
55. MG Oil Company DBA Toby’s Casino South, 710 Cleveland Street for a Retail (on-off sale) Malt Beverage license TRANSFER from United Food Inc DBA Toby’s Casino South, 710 Cleveland Street
56. Wisdom Inc DBA Country Inn & Suites #2, 2321 N LaCrosse St for a Package (off-sale) Liquor License (Inactive) TRANSFER from Wal-East Development Inc DBA Jackpot Casino Too, 1415 N LaCrosse St #3
57. Wisdom Inc DBA Wisdom Inc, 2205 N LaCrosse St for a Retail (on-sale) Liquor License (Inactive) TRANSFER from Deanos Casino Inc DBA Deanos Casino II, 903 E North St, Ste A
58. Senior Citizens Inc DBA Canyon Lake Senior Center for a SPECIAL EVENT Malt Beverage License and On-Sale Wine License for an event scheduled for October 13, 2017 at 2900 Canyon Lake Drive.
59. Zonta Club of Black Hills DBA Zonta Club of Black Hills for a SPECIAL EVENT off-sale Package Wine Dealer License for an event scheduled for October 5, 2017 at 444 Mt Rushmore Road.
60. Victoria’s Garden LLC DBA Victoria’s Garden LLC, 320 7th Street for a Package (off-sale) Malt Beverage & SD Farm Wine License
61. MG Oil Co DBA Jackpot Casino West, 2144 Jackson Blvd, Ste 3 for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Chas Inc DBA Jackpot Casino West, 2144 Jackson Blvd
62. MG Oil Co DBA Jackpot West II, 2144 Jackson Blvd, Ste 4 for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Chas Inc DBA Jackpot West II, 2144 Jackson Blvd, Ste 4
63. MG Oil Co DBA Jackpot Casino North, 685 N LaCrosse St, Ste 2-B for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jackpot Casino North, 685 N LaCrosse St
64. MG Oil Co DBA Jackpot Casino II, 685 N LaCrosse St, Ste 2-C for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jackpot Casino II, 685 “C” LaCrosse St
65. MG Oil Co DBA Jackpot Casino III, 685 N LaCrosse St, Ste 2-D for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jackpot Casino III, 685 “D” LaCrosse St
66. MG Oil Co DBA Jackpot Casino Too, 1415 N LaCrosse St, Ste 3 for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jackpot Casino Too, 1415 N LaCrosse St, #3
67. MG Oil Co DBA Jackpot Casino Too #2, 1415 N LaCrosse St, Ste 3-B for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jackpot Casino Too #2, 1415 N LaCrosse St, #3B
68. MG Oil Co DBA Jokers Casino South, 1320 Mt Rushmore Rd, Ste C-1 for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jokers Casino South, 1320 Mt Rushmore Rd, #C1
69. MG Oil Co DBA Jokers Casino South II, 1320 Mt Rushmore Rd, Ste C-2 for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jokers Casino South II, 1320 Mt Rushmore Rd, Ste C2
70. MG Oil Co DBA Jokers Casino South III, 1320 Mt Rushmore Rd, Ste B for a Retail (on-off sale) Malt Beverage license with Video Lottery TRANSER from Wal-East Development Inc DBA Jokers Casino South III, 1320 Mt Rushmore Rd, #B

Assessment Rolls
71. LF083017-03 – Approve Resolution No. 2017-062B a Resolution Levying Assessment for Cleanup of Miscellaneous Property

Other Items Requiring Public Hearings

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 72 - 73
72. 17RZ023 - Second Reading, Ordinance 6190, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Sperlich Consulting, Inc for J and D Capital LLC for a Rezoning from General Agricultural District to Light Industrial District for property generally described as being located southeast of the intersection of N. Plaza Drive and Fountain Plaza Drive.
Recommendation: Approve

73. 17UR015 - Appeal of Planning Commission’s decision on a request by Epic Outdoor Advertising, Inc. for a Conditional Use Permit to allow an off-premise sign for property generally described as being located southeast of the terminus of Dyess avenue, north of US I-90.
Recommendation: Acknowledge Appellant's withdrawal of Appeal of Planning Commission’s decision to Approve

EXECUTIVE SESSION to discuss the qualifications, competence, performance, character and fitness of a prospective public officer or employee.

BILLS
74. CC090517-01 – Bill List for September 5, 2017

ADJOURN

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