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2019 09 03 City Council Meeting

pdf PDF Version of the 9/03/19 Agenda (186 KB)

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Tuesday, September 3, 2019

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 for Library Card Sign-Up Month
2. Employee Awards

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 3 – 49

Open Public Comment – Items 3 – 41 (3-minute time limit per speaker)
       Close Public Comment

CONSENT ITEMS – Items 3 – 41

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

Approve Minutes
3. Approve pdf Minutes (120 KB) for the August 15, 2019 Special Council meeting.
4. Approve pdf Minutes (226 KB) for the August 19, 2019 Regular Council meeting.
5. Approve pdf Minutes (76 KB) for the August 26, 2019 Special Council meeting.

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

Alcoholic Beverage License Applications Set for Hearing (September 16, 2019)
6. Moyle Petroleum Company DBA Common Cents Food Store #125, 1821 N. Elk Vale Rd for a Package (off sale) Liquor license TRANSFER from Moyle Petroleum Company DBA Sheridan Lake Common Cents, 2808 Sheridan Lake Road
7. Moyle Petroleum Company DBA Common Cents Food Store #125, 1821 N. Elk Vale Rd for a Retail (on-off sale) Malt Beverage & SD Farm Wine license TRANSFER from Shooters Inc. DBA Shooters Wood Fire Grill (Inactive), 2424 West Main Street
8. Moyle Petroleum Company DBA Sheridan Lake Common Cents #105, 2808 Sheridan Lake Rd, for a Retail (on-off sale) Wine and Cider license
9. Naja Shrine Temple for a SPECIAL EVENT On-Sale Malt Beverage license for an event scheduled for September 28, 2019 at Rapid City Shrine Center, 4091 Sturgis Road
10. Rapid City Catholic School System for a SPECIAL EVENT On-sale Malt Beverage license, On-sale Wine license and off-sale package wine license for an event scheduled for December 6, 2019.
11. Sheree Schriver DBA Jambonz Deux, 740 Mt. View Road for a Retail (on-off sale) Malt Beverage & SD Farm Wine license and Retail (on-off sale) Wine and Cider license TRANSFER from Sheree Schriver DBA Jambonz Deux, 516 7th Street
12. First National Bank Rapid City DBA Ramada Hotel & Suites F&B, 1902 N. LaCrosse Street for a Retail (on-sale) Liquor license TRANSFER from LaCrosse Hospitality Management LLC DBA Ramada, 1902 N LaCrosse Street

Public Works Committee Consent Items
13. PW082719-03: Request Authorization for Mayor and Finance Officer to sign Professional Services Agreement with FMG Engineering for RC Department Training Facility Project No. 19-2529 in the amount of $53,618.00.
14. PW082719-04: Authorize Mayor and Finance Officer to sign a Water and Sewer Service Agreement Between the City of Rapid City and the Green Valley Sanitary District
15. PW082719-18: Authorize Mayor and Finance Officer to Sign Amendment 1 to the Professional Services Agreement between the City of Rapid City and Verizon for the addition of AVL systems for Solid Waste, Streets and Water Reclamation divisions.
16. PW082719-05: Approve Change Order 5 to Simon Contractors of SD, Inc. for E. Blvd/E. North Street Utility Reconstruction Project, Project #14-2170/CIP 50866.1 for an increase of $9,975.78.
17. PW082719-06: Approve Change Order 1 F to J & J Asphalt for Pavement Rehabilitation Project-Chancery Lane and Huntington Place Project #17-2416/CIP 50549 for an increase of $90,284.71.
18. PW082719-07: Approve Change Order #2 to Tru-Form Construction, Inc. for Disk Drive and Haines Avenue Intersection, Project #16-2347 / CIP NO. 51121 for an increase of $10,208.00.
19. PW082719-08: Approve Change Order 3 to Mainline Contracting, Inc. for 38th Street Reconstruction, Clifton to Range, Project #15-2232/CIP 50716.1 & 50716.2 for an increase of $13,820.56.
20. PW082719-17: Approve Change Order 1F to Western Construction, Inc. for Pavement Rehabilitation Project-Maple Avenue Project #18-2438/CIP 50844 for an increase of $17,448.03.
21. PW082719-09: Approve Request from Upper Deck Architects, Inc. for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along the west 240 feet (+/-) of the property adjacent to Oakland Street for the property located at 520 Cathedral Drive.
22. PW082719-11: Approve Request from Scull Construction Inc. for a Variance to waive the requirement to install sidewalk along Skyline Ranch Road, Rapid City, per City Ordinance 12.08.060.
23. PW082719-01: Authorize Mayor and Finance Officer to sign Permanent Utility Easement with Black Hills Power, Inc. for an improved location of cables that serve the City well in Jackson Park.
24. PW082719-02: Approve Change Order No. 1 to Complete Contracting Solutions, for Harney Little League Improvements (Fence, Bleachers, Dugouts) Project PR19-6170 for an increase of $3,450.10
25. PW082719-10: Authorize staff to purchase playground equipment from Miracle Sourcewell purchasing group, Contract No 030117-LTS, in the amount of $63,438.84.
26. PW082719-13: Approve Change Order No. 1 to Flat Rock, LLC for 2019 Parks and Recreation Concrete Work Project PR19-6168, for a decrease of $4,120.90.
27. 19TP018: Approval of the 2020-2023 Rapid City Area Transportation Improvement Program – Final Report
28. PW082719-12: Approve Resolution No. 2019-074 to support and adopt the 2018 Pennington County Pre-Disaster Mitigation Plan
29. PW082719-19: Confirm the reappointment of Kyle Hibbs and Clinton Beck and the new appointment of Garth Wadsworth to the Air Quality Board.
30. PW082719-20: Confirm the appointments of Kelly Arguello (3-Mile Radius), Eirik Heikes (Alternate #2), Vince Vidal (voting member), and Eric Ottenbacher (Alternate #1) to the Planning Commission.
31. PW082719-15: Acknowledge Request by Allen McPherson to speak to PW Committee

Legal & Finance Committee Consent Items
32. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Tim Christofferson (RSVP+), Tina Christofferson (RSVP+), Tina Waring (RSVP+), Kallie Shook (RSVP+), Casey Uthe, (RSVP+), Brandy Boardman (RSVP+)
33. LF082819-01 – Acknowledge July 2019 General Fund Cash Balance Report
34. LF082819-02 – Approve Resolution No. 2019-065 a Resolution Cancelling Checks or Warrants Not Presented for Payment Within One Year of Date of Issuance.
35. LF082819-03 – Acknowledge Update from the Opportunity Capture Fund Committee
36. LF082819-06 – Authorize Staff to Purchase a 2020 Rosenbauer Pumper Apparatus through Source Well (Former NJPA) for the Amount of $512,595.00
37. LF082819-07 – Approve Resolution No. 2019-075 a Resolution Declaring Personal Property Surplus and Authorizing the Sale of Such Surplus Property to Other Local Governments
38. 19TP020 – Approve the 2020 Unified Planning Work Program – Draft Report
39. LF082819-05 – Approve the Community Development Block Grant (CDBG) Proposed Amendments to FY2018 Annual Action Plan and 30-Day Comment Period – Preliminary.
40. LF082819-08 – Authorize the Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and the Rapid City Club for Boys, Inc., for the Use of City Vision Funds to Renovate Two of its Facilities

CIP Committee Consent Items (NONE)

Community Development Consent Items (NONE)

Bid Award Consent Items
41. CC090319-04.1 - Approve award of total bid for 2019 Fire Hydrant Installation Annual Project, Project No. 19-2497 / CIP No. 50808 opened on August 27, 2019 to the lowest responsible bidder, Mainline Contracting Inc. in the amount of $156,751.50.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 42 – 49

Open Public Comment – Items 42 – 49 (3-minute time limit per speaker)
    Close Public Comment

Ordinances
42. LF081419-03 – Second Reading, Ordinance No. 6351, An Ordinance Concerning the Opportunity Capture Fund Oversight Board.
Recommendation: Approve

43. LF081419-10 – Second Reading, Ordinance No. 6346, regarding FY2020 Appropriation Ordinance.
Recommendation: Approve 4-1 with Drury voting no

44. No. 19RZ027 - First Reading, Ordinance 6353, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Dream Design International, Inc. for Yasmeen Dream, LLC for a Rezoning Request from General Commercial District to Office Commercial District for property generally described as being located northwest of Jaffa Garden Way.
Recommendation: Approve
                                                                                                                                                                                                                                  
45. No. 19RZ028 - First Reading, Ordinance 6354, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Dream Design International, Inc. for Community Enhancement LLC II for a Rezoning Request from General Commercial District to Office Commercial District for property generally described as being located south of Jaffa Garden Way.                                                                                                                                                                                                                                                        Recommendation: Approve

Public Works Committee Items
46. PW081319-04: Appeal of a partial denial of an Exception Request to allow for reduced pavement widths, no installation of curb and gutter and street light conduit along Glenside and Homestead Streets. Staff supported not installing curb and gutter and street light conduit, but is requiring the streets be constructed to a rural road section and a turnaround constructed on Glenside Street.
Recommendation: Send to Council without Recommendation.

47. PW082719-14: Appeal by Broker Fund Dividend, LLC of an Exception Request partial denial to waive the requirement to install public improvements in Reservoir Road.
Recommendation: Send to Council without Recommendation.

48. PW082719-16: Request by David Bradsky, for Dakri LLC, to reduce June 10, 2019 utility billing by $792.91 incurred for water and sewer usage at property located at 731 St Joseph St.
Recommendation: Deny (Motion carried 3-1 with Modrick opposed and Strommen abstaining)

Legal & Finance Committee Items
49. LF082819-04 – Approve Resolution No. 2019-070 a Resolution to Approve the Adoption of the Rapid City Affordable Housing Policy.
Recommendation: Approve 4-1 with Drury voting no

Community Development Items (NONE)

Bid Awards (NONE)

Alcoholic Beverage License Applications (NONE)
           Reissuance
          Special Event

Mayor’s Items (NONE)

Staff Items (NONE)

PUBLIC HEARING ITEMS – Items 50 – 60

Open Public Hearing (comment) - Items 50 – 60 (3-minute time limit per speaker)

Close Public Hearing (comment) - Items 50 – 60

CONSENT PUBLIC HEARING ITEMS – Items 50 – 57

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

Community Development Items (NONE)

Alcohol Licenses
50. Naja Shrine Temple for a SPECIAL EVENT On-Sale Dealer license for an event scheduled for September 14, 2019 at Rapid City Shrine Center, 4091 Sturgis Road
51. Western Dakota Tech Foundation for a SPECIAL EVENT On-Sale Malt Beverage and On-Sale Wine license for an events scheduled for September 14, 2019 and October 17, 2019 at Western Dakota Tech Foundation, 800 Mickelson Drive
52. Senior Citizens Inc. for a SPECIAL EVENT On-Sale Malt Beverage and On-Sale Wine license for an event scheduled for October 11, 2019 at Canyon Lake Activity Center, 2900 Canyon Lake Drive
53. Zonta Club of the Black Hills for a SPECIAL EVENT Off-Sale Wine and Off-Sale Package Malt Beverage licenses for an event scheduled for November 7, 2019 at Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road
54. Black Hawk Oil, Inc. DBA Mr. Liquor, 3609 Sturgis Road for a Package (off sale) Liquor license TRANSFER from Staple & Spice Market Inc., DBA Staple & Spice Market, 601 Mt. Rushmore Road
55. Staple & Spice Market Inc. DBA Staple & Spice Market, 601 Mt. Rushmore Road, for a Retail (on-off sale) Malt Beverage & SD Farm Wine license and a Retail (on-off sale) Wine and Cider license.
56. Hartmann Enterprises LLC DBA Time Square Liquor, 13 New York Street for a Package (off sale) Liquor license TRANSFER from Bach Investment Inc. DBA Hideaway Casino, 1575 LaCrosse Street Suite D
57. Joachley’s Studios DBA Board & Brush, 705 Indiana Street, for a Retail (on-off sale) Malt Beverage & SD Farm Wine license

Assessment Rolls (NONE)

Other Items Requiring Public Hearings (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 58 – 60
58. No. 19CA002 – Resolution 2019-059, a request by City of Rapid City for a Comprehensive Plan Amendment to revise the Rapid City Future Land Use Plan. (This item was continued from the August 19, 2019 Council meeting.)
Recommendation: Approve

59. No. 19RZ025 – Second Reading, Ordinance 6349, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Dream Design International, Inc. for Sharaf 5 Properties, LLC for a Rezoning request from High Density Residential District to Urban Commercial District for property generally described as being located 18 E. Kansas City Street.                                                                                                                                                                                                                                                         Recommendation: Approve

60. No. 19RZ026 – Second Reading, Ordinance 6350, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Dream Design International, Inc. for BH Capital 4, LLC for a Rezoning request from Low Density Residential District II to Medium Density Residential District for property generally described as being located east of E. Anamosa Street.
Recommendation: Approve

BILLS
61. No. CC090319-01 – Bill List for September 3, 2019

ADJOURN

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