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2020 05 18 City Council Agenda

  pdf PDF Version of the 5/18/20 Agenda (327 KB)


AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota
6:30 P.M., Monday, May 18, 2020

ROLL CALL AND DETERMINATION OF QUORUM

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

PLEDGE OF ALLEGIANCE

ADOPTION OF AGENDA

AWARDS AND RECOGNITIONS (NONE)

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 1 – 34

Open Public Comment – Items 1 – 25 (3-minute time limit per speaker)
pdf Comments received by email (253 KB)
Close Public Comment

CONSENT ITEMS – Items 1 – 25

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

Approve Minutes
1. Approve Minutes for the pdf May 4, 2020 (512 KB) Regular Council meeting.

Tax Increment District and Approve Project Plan Set for Hearing (June 1, 2020)
2. No. 20TI004 - A request by Dream Design International, Inc. for Yasmeen Dream, LLC for a Resolution to create Orchard Meadows Lift Station TID and approve Project Plan for property generally described as being located east and west of Elk Vale Road between E. Highway 44 and the current terminus of East Fairmont Street.

Alcoholic Beverage License Applications Set for Hearing (June 1, 2020)
3. Rapid City Elks Golf & Event Center Inc. DBA Rapid City Elks Golf & Event Center Inc., 3333 Jolly Lane for a Retail (on-off sale) Malt Beverage and SD Farm Wine license with video lottery TRANSFER from Rapid City Elks Club DBA Elks Lodge #1187, 3333 E. 39th Street

4. MG Oil Company DBA Uncle Sam’s South 3, 2110 Jackson Blvd for a Retail (on-off sale) Malt Beverage and SD Farm Wine license with video lottery TRANSFER from MG Oil Company DBA East North Casino, 230 E North Street

Public Works Committee Consent Items
5. PW051220-01: Approve change order 4F to Tru-Form Construction, Inc. for Disk and Haines Avenue Intersection, Project #16-2347/CIP NO.51121 for an increase of $3,016.99.
6. PW051220-02: Approve change order 1F to Tru-Form Construction, Inc. for Main Street Valve Repair 5th to West Blvd, Project #2456/CIP NO.50705 for an decrease of $7,055.72.
7. PW051220-03: Approve change order 1F to Tru-Form Construction, Inc. for Concrete Panel Repair Project 5th and Healing Way, Project #2542/CIP NO.50445 for an increase of $33.41.
8. PW051220-04: Authorize staff to advertise for 2020 Chip Seal, Project No. 19-2543 / CIP 50844 for $205,000.
9. PW051220-05: Authorize staff to advertise for Pavement Rehabilitation Project Grand Vista Ct to Kepp Ct, Project No. 19-2547 / CIP 50549 for $310,000.
10. PW051220-07: Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Yasmeen Dream 111, LLC for Sanitary Sewer Main Cost Reimbursement for Shepherd Hills Subdivision for an amount not to exceed $92,688.00
11. PW051220-08: Authorize the Mayor and Finance Officer to sign a covenant agreement between the City of Rapid City and DEVCOR, LLC allowing connection to City water system.
12. PW051220-09: Approve Request from Dean Kelly Construction for a variance to waive the requirement to install sidewalk along Krebs Drive, Rapid City, per City Ordinance 12.08.060.

Legal & Finance Committee Consent Items
13. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Shirley Aman (RSVP+), Marilyn Halse (RSVP+), Marcia Smith (RSVP+), Amanda Wessels (Police Department)
14. LF051320-01 – Approve Resolution No. 2020-035 a Resolution Declaring Miscellaneous Personal Property Surplus to be Donated and/or Sold
15. LF051320-02 – Acknowledge March 2020 Sales Tax Report
16. LF051320-06 – Approve Resolution No. 2020-036 a Resolution Levying Assessment for Abatement of Nuisances

CIP Committee Consent Items (NONE)

Community Development Consent Items
17. LF051320-03 – Authorize the Mayor and Finance Officer to Sign the Community Block Grant for Working Against Violence, Inc. for FY20
18. LF051320-04 – Authorize the Mayor and Finance Officer to Sign Amended SF-424 for Community Block Grant for FY20
19. LF051320-05 – Authorize the Mayor and Finance Officer to Sign the FY20 Community Block Grant-CV (CDBG-CV) SF-424, SF-424D and Certifications
20. LF051320-07 – Approve Amendment to Resident Participation Plan (CDBG)
21. No. 20TI003 – Approve Resolution No. 2020-021 a Resolution to Approve TID No. 70 Project Plan Amendment #1 to Reallocate Project Plan Costs for Property Generally Described as Being Located Catron Boulevard from 5th Street to South US Highway 16, then South Along US Highway 16 to Sammis Trail and East to the Proposed Hyland Crossing Subdivision
22. 03TI001 – Approve Resolution No. 2020-30 a Resolution to Dissolve Tax Increment District #38 for Property Generally Described as Being Located at the Intersection of Eglin Street and Elk Vale Road

Bid Award Consent Items
23. CC051820-02.1 - Approve award of total bid for Flormann Street Water Main Replacement Project, Mt. Rushmore Road to Apollo Circle, Project No. 19-2512 / CIP No. 51235 opened on May 13, 2020 to the lowest responsible bidder, Lind Exco, Inc. in the amount of $899,526.42.
24. CC051820-02.2 - Waive technical irregularities and approve award of total bid for Sheridan Lake Rd. Panel Repair Project, Project No. 19-2556 / CIP No. 50445 opened on May 13, 2020 to the lowest responsible bidder, J. V. Bailey Co Inc. in the amount of $360,101.80.
25. CC051820-02.3 - Approve award of total bid for Northridge Booster Pump Station and Stoney Creek Booster Pump Station Improvements, Project No. 14-2178 / CIP No. 50812.CD opened on May 13, 2020 to the lowest responsible bidder, Mainline Contracting, Inc. in the amount of $480,050.00.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 26 – 34

         Open Public Comment – Items 26 – 34 (3-minute time limit per speaker)
                   Close Public Comment

Ordinances
26. No. 20RZ026 - First Reading, Ordinance 6418, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District for property generally described as being located at 4039 and 4052 Windslow Place.
Recommendation: Approve

27. No. 20RZ027 - First Reading, Ordinance 6419, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District for property generally described as being located at 4122, 4134, 4146, 4158 and 4170 Wisconsin Avenue.
Recommendation: Approve

28. No. 20RZ028 - First Reading, Ordinance 6420, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District for property generally described as being located at 3622, 3626, 3632, 3636 and 3700 City View Drive.
Recommendation: Approve

29. LF051320-08 – First Reading of Ordinance No. 6424 an Emergency Ordinance Extending the Date by which the City can Implement Measures Necessary to Slow the Community Spread of Coronavirus (COVID-19)
Recommendation: Send to Council without Recommendation

Public Works Committee Items (NONE)

Legal & Finance Committee Items
30. LF051320-09 – Resolution No. 2020-037 an Emergency Resolution Extending Resolution No. 2020-034
Recommendation: Send to Council without Recommendation

CIP Committee Items (NONE)

Community Development Items (NONE)

Other Board, Commission & Committee Items (NONE)

Bid Awards (NONE)

Alcoholic Beverage License Applications (56 applications)
31. Approve 2020 Retail (on-off sale) Malt Beverage & SD Farm Wine License Renewals

1.   RB-2010 UNIQUE INK PROMOS INC UNIQUE INK PROMOS INC 3300 DEADWOOD AVE N
2.   RB-2082 ESSENCE OF COFFEE LLC ESSENCE OF COFFEE 908 MAIN ST
3.   RB-2190 LATE HARVEST INC TALLY'S SILVER SPOON 530 6TH ST
4.   RB-2275 M G OIL COMPANY UNCLE SAM'S WEST 2730 WEST MAIN ST
5.   RB-2289 TRIFECTA GROUP LLC DELMONICO GRILL 609 MAIN ST
6.   RB-2342 M G OIL COMPANY RUSHMORE CASINO III 1808 MOUNT RUSHMORE RD STE C
7.   RB-2343 M G OIL COMPANY JACKPOT CASINO TOO #2 1415 N LACROSSE ST STE 3-B
8.   RB-25623 M G OIL COMPANY CORNER PANTRY #14 501 DEADWOOD AVE
9.   RB-25624 M G OIL COMPANY CORNER PANTRY #13 310 E FAIRMONT BLVD
10. RB-25625 M G OIL COMPANY CORNER PANTRY #10 1818 MT RUSHMORE RD
11.  RB-25626 M G OIL COMPANY CORNER PANTRY #9 1220 E ST PATRICK ST
12.  RB-25627 M G OIL COMPANY CORNER PANTRY #5 601 MOUNTAIN VIEW
13.  RB-25628 M G OIL COMPANY CORNER PANTRY - LACROSSE 2130 LACROSSE ST
14.  RB-25629 M G OIL COMPANY CORNER PANTRY #8 302 E NORTH ST
15.   RB-25630 M G OIL COMPANY CORNER PANTRY #4 901 EAST NORTH ST
16.   RB-25649 BIG D OIL CO BIG D OIL CO #17 3540 STURGIS RD
17.   RB-25650 BIG D OIL CO BIG D OIL CO #22 49 E OMAHA
18.   RB-25651 BIG D OIL CO BIG D OIL CO #4 1507 E ST PATRICK
19.   RB-25652 BIG D OIL CO BIG D OIL CO STORE #42 850 E NORTH ST
20.   RB-25653 BIG D OIL CO BIG D OIL CO STORE #41 1160 LA CROSSE ST
21.   RB-25654 BIG D OIL CO BIG D OIL CO #24 3010 W MAIN
22.   RB-25655 BIG D OIL CO BIG D OIL # 45 251 STUMER RD
23.   RB-25656 BIG D OIL CO BIG D OIL CO #8 2303 JACKSON BLVD
24.   RB-2604 M G OIL COMPANY MARKET SQUARE II 1624 EAST ST PATRICK STE 103
25.   RB-2797 M G OIL COMPANY LACROSSE STREET CASINO #1 720 LACROSSE ST BUILDING B SUITE 1
26.   RB-2808 M G OIL COMPANY JOKERS CASINO SOUTH 1320 MOUNT RUSHMORE RD STE C-1
27.   RB-2946 M G OIL COMPANY #2-EAST NORTH CASINO 230 E NORTH ST
28.   RB-2952 M G OIL COMPANY RUSHMORE CASINO 1808 MOUNT RUSHMORE RD STE A
29.   RB-2955 CCKT INC KING OF HEARTS CASINO 2820 W MAIN ST STE B
30.   RB-2964 M G OIL COMPANY JACKPOT CASINO NORTH 685 N LACROSSE ST STE 2-B
31.   RB-2966 M G OIL COMPANY BP CASINO II 609 MOUNTAIN VIEW RD STE C-2
32.   RB-2967 M G OIL COMPANY CHANCES CASINO 1565 HAINES AVE STE D
33.   RB-2969 M G OIL COMPANY JACKPOT CASINO III 685 N LACROSSE ST STE 2-D
34.   RB-2985 CCKT INC KING OF HEARTS TWO 2820 WEST MAIN SUITE A
35.   RB-2986 M G OIL COMPANY JACKPOT CASINO II 685 N LACROSSE ST STE 2-C
36.   RB-2987 M G OIL COMPANY UNCLE SAMS SOUTH TOO 2110 JACKSON BLVD
37.   RB-2995 M G OIL COMPANY JACKPOT CASINO TOO 1415 N LACROSSE ST STE 3
38.   RB-2996 M G OIL COMPANY HAPPY JACKS I-90 4036 CHEYENNE BLVD
39.   RB-2998 CCKT INC QUEEN OF HEARTS CASINO II 316 EAST BLVD STE 110
40.   RB-3004 M G OIL COMPANY UNCLE SAM'S SOUTH 2110 JACKSON BLVD
41.   RB-3005 M.G. OIL COMPANY JACKPOT WEST II 2144 JACKSON BLVD STE 4
42.   RB-3006 M G OIL COMPANY HAPPY JACK'S EAST 909 E ST PATRICK ST #20
43.   RB-3012 M G OIL COMPANY BP CASINO 609 MT VIEW SUITE C-1
44.   RB-3019 CCKT INC QUEEN OF HEART'S CASINO 316 EAST BLVD STE 100
45.   RB-3027 M G OIL COMPANY MARKET SQUARE CASINO 1624 E ST PATRICK ST
46.   RB-3037 MG OIL COMPANY CHANCES CASINO 3 1565 HAINES AVE STE C-2
47.   RB-3039 MG OIL COMPANY SAM'S # 2 2730 W MAIN ST STE B
48.   RB-3044 MG OIL COMPANY TOBY'S CASINO NORTH 720 E NORTH ST STE 110
49.   RB-3114 MG OIL COMPANY LACROSSE STREET CASINO #3 720 LACROSSE STREET BLG B SUITE 3
50.   RB-3208 M.G. OIL COMPANY JACKPOT CASINO WEST 2144 JACKSON BLVD STE 3
51.   RB-3219 MG OIL COMPANY TOBY'S CASINO NORTH 720 E NORTH ST STE 100
52.   RB-3538 MG OIL COMPANY TOBY'S CASINO SOUTH TOO 714 CLEVELAND ST
53.   RB-3590 M G OIL COMPANY CHANCES CASINO TOO 1565 HAINES AVE STE C
54.   RB-3593 MG OIL COMPANY TOBY'S CASINO SOUTH 710 CLEVELAND ST
55.   RB-3657 M G OIL COMPANY HAPPY JACKS TOO 909 ST PATRICK ST #21
56.   RB-3810 M G OIL COMPANY HAPPY JACKS OMAHA 1109 WEST OMAHA ST #

 

Mayor’s Items
32. CC051820-01 – Presentation from Mayor Allender – Recommended 2020 Budget Revisions Resulting from COVID-19

Council Items & Liaison Reports (NONE)

Staff Items
33. pdf CC051820-03 (1022 KB) – Rapid City Coronavirus Emergency Response – Karl Jegeris
34. CC051820-04 - Authorize Mayor and Finance Officer to sign Settlement Agreement with Darren Haar.

Appeals (NONE)
       Planning Commission Appeals
       License Appeals
       Sign Code Appeals
       Other Appeals Heard by the Council

PUBLIC HEARING ITEMS – Items 35 – 50

           Open Public Hearing (comment) - Items 35 - 50 (3-minute time limit per speaker)
           [Public Hearing Remains Open]

           Close Public Hearing (comment) - Items 35 – 50

CONSENT PUBLIC HEARING ITEMS – Item 35

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

Community Development Items (NONE)

Alcohol Licenses
35. Spiker Management LLC DBA La Vida Mexican Restaurant, 1001 E North Street for a Retail (on-off sale) Malt Beverage & SD Farm Wine license TRANSFER from Fiesta Tequila Mexican Restaurant LLC, DBA Fiesta Tequila Mexican Restaurant, 1001 E North Street

Assessment Rolls (NONE)

Other Items Requiring Public Hearings (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 36 – 50
36. No. 20TI003 - A request by John Gomez for Alta Terra Development for a Resolution to approve TID No. 70 Project Plan Amendment #2 to reallocate project plan costs for property generally described as being located at Catron Boulevard from 5th Street to South U.S. Highway 16, then south along U.S. Highway 16 to Sammis Trail and east to the proposed Hyland Crossing Subdivision.
Recommendation: Approve

37. No. 20RZ001 - Second Reading, Ordinance 6389, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Medium Density Residential District for property generally described as being located at 324 E. New York Street.
Recommendation: Approve

38. No. 20RZ002 - Second Reading, Ordinance 6390, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Medium Density Residential District for property generally described as being located at Settlers Creek Place.
Recommendation: Approve

39. No. 20RZ003 - Second Reading, Ordinance 6391, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Medium Density Residential District for property generally described as being located west of Sunny Springs Drive between Wesleyan Boulevard and Harmony Heights Lane.
Recommendation: Approve

40. No. 20RZ004 - Second Reading, Ordinance 6392, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Medium Density Residential District for property generally described as being located east of Sunny Springs Drive and south of Wesleyan Boulevard.
Recommendation: Approve

41. No. 20RZ005 - Second Reading, Ordinance 6393, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District II for property generally described as being located at the eastern terminus of Tablerock Road.
Recommendation: Approve

42. No. 20RZ006 - Second Reading, Ordinance 6394, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to High Density Residential District for property generally described as being located at 311 Quincy Street.
Recommendation: Approve

43. No. 20RZ007 - Second Reading, Ordinance 6395, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District II for property generally described as being located at 918 Meadowwood Drive.
Recommendation: Approve

44. No. 20RZ009 - Second Reading, Ordinance 6397, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District for property generally described as being located at 4084 and 4282 Tower Road.
Recommendation: Approve

45. No. 20RZ012 - Second Reading, Ordinance 6400, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by City of Rapid City for a Rezoning request from Office Commercial District to Low Density Residential District II for property generally described as being located at Horizon Point north of Tower Road.
Recommendation: Approve

46. No. 20RZ022 - Second Reading, Ordinance 6414, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Renner Associates, LLC for Creek Drive Land, LLC for a Rezoning request from Medium Density Residential District to General Commercial District for property generally described as being located at 415 North Creek Drive.
Recommendation: Approve

47. No. 20RZ023 - Second Reading, Ordinance 6415, 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 LLC for a Rezoning request from General Agricultural District to Low Density Residential District II for property generally described as being located north of Philadelphia Street, east of E. Anamosa Street.
Recommendation: Approve

48. No. 20RZ024 - Second Reading, Ordinance 6416, 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 Agricultural District to Medium Density Residential District for property generally described as being located west of Elk Vale Road at the terminus of Orchard Lane.
Recommendation: Approve in conjunction with approval of a Planned Development Designation

49. No. 20RZ025 - Second Reading, Ordinance 6417, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Stephanie Kroeze for a Rezoning request from Park Forest District to Low Density Residential District II for property generally described as being located at 828 3rd Street.
Recommendation: Approve

50. No. 19OA006 – Second Reading of Ordinance No. 6294 an Ordinance Amendment Amending Chapter 17.40 to Revise Permitted and Conditional Uses in the Office Commercial District.
Recommendation: Approve

BILLS
51. No. CC051820-01 – Bill List for May 18, 2020

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