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2021 05 03 City Council Meeting

  pdf PDF Version of the 5/3/21 Agenda (325 KB)

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, May 3, 2021

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)


PRESENTATION
1. Active-2 COVID outpatient treatment clinical trial – Dr. Jeffrey Henderson
2. Pennington County Housing Presentation – Bryan Achbach
3. Sioux Park Tennis Court Group Presentation – Jason Olson, Liz Hamburg, Alex Fisher and Lycia Thornburg

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. pdf (Link to Public Comments submitted online) (221 KB)

NON-PUBLIC HEARING ITEMS -- Items 4 – 55

     Open Public Comment – Items 4 – 45 (3-minute time limit per speaker)
             Close Public Comment

CONSENT ITEMS – Items 4 – 45

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

Approve Minutes
4. Approve pdf Minutes for the April 19, 2021 (213 KB) Regular Council meeting.

Intent to Enter into a Lease Set for Hearing (May 17, 2021)
5. The City of Rapid City intends to enter into a lease for property located at 2601 Canyon Lake Drive with Post 320 Baseball, Inc.
6. The City of Rapid City intends to enter into a lease for property located at 1610 32nd Street with Canyon Lake Little League
7. The City of Rapid City intends to enter into a lease for property located at 1615 Sedivy Lane with Rapid City Softball Association
8. The City of Rapid City intends to enter into a lease for property located at 2819 Canyon Lake Drive with Rapid City with Rapid City High School Baseball
9. The City of Rapid City intends to enter into a lease for property located at 2721 Canyon Lake Drive with Black Hills Sports, Inc.

Alcoholic Beverage License Applications Set for Hearing (May 17, 2021)
10. Zymurcracy Beer Co. for a SPECIAL EVENT on-sale Malt Beverage License for an event scheduled for June 12, 2021 at Storybook Island, 1301 Sheridan Lake Road
11. American Legion Post 22 for a SPECIAL EVENT on-sale Malt Beverage License for an event scheduled for June 29-July 5, 2021, at Post 22 Baseball Field Parking Lot, 2721 Canyon Lake Dr
12. Rushmore German Club for a SPECIAL EVENT on-sale Malt Beverage License for an event scheduled for August 19-August 29, 2021, at Central States Fairgrounds, 800 San Francisco St
13. Nu Nails LLC DBA Nu Nails, 2255 Haines Ave #350, for a Retail (on-off sale) Malt Beverage & SD Farm Wine license
14. Moyle Petroleum Company DBA Orchard Meadows Common Cents #109, 3501 E Hwy 44 for a Package (off-sale) Liquor License TRANSFER from Family Fare #253 (Inactive) 1516 E St Patrick St
14A. City of Rapid City DBA Roosevelt Park Ice Arena, 235 Waterloo for a Retail (on-off sale) Malt Beverage & SD Farm Wine license

Working Session Committee Consent Items
15. WS042821-11: Confirm the Reappointment of Darren Haar to the Rapid City Regional Airport Board of Directors
16. WS042821-15: Confirm the Appointment of Christine Jones to the Rapid City Public Library Board of Trustees
17. WS042821-12: Creation of the Parking Operations Manager Position
18. WS042821-18: Approve Resolution No. 2021-035 a Resolution of Intent to Enter into a Lease for Post 320 Baseball, Inc. for Property Located at 2601 Canyon Lake Drive
19. WS042821-19: Approve Resolution No. 2021-036 a Resolution of Intent to Enter into a Lease for Canyon Lake Little League for Property Located at 1610 32nd Street
20. WS042821-20: Approve Resolution No. 2021-037 a Resolution of Intent to Enter into a Lease for Rapid City Softball Association for Property Located at 1615 Sedivy Lane
21. WS042821-21: Approve Resolution No. 2021-038 a Resolution of Intent to Enter into a Lease for Rapid City High School Baseball, Inc. for Property Located at 2819 Canyon Lake Drive
22. WS042821-22: Approve Resolution No. 2021-039 a Resolution of Intent to Enter into a Lease for Black Hills Sports, Inc. for Property Located at 2721 Canyon Lake Drive
23. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Bob Cole (Police Department)
24. WS042821-01: Acknowledge February 2021 Sales Tax Report
25. WS042821-02: Acknowledge March 2021 General Fund Cash Balance Report
26. WS042821-13: Approve Resolution No. 2021-033 a Resolution Declaring Miscellaneous Personal Property Surplus to be Surplused for Auction
27. WS042821-14: Acknowledge FY 2020 Annual Financial Report
28. WS042821-27: Approve Resolution No. 2021-044 A Resolution to Authorize the Placement of Giving Meters in the Downtown Area
29. WS042821-03: Approve Request from Daene Boomsma (the property owner) for a Variance to Waive the Requirement to Install Sidewalk, per City Ordinance 12.08.060.C, along Sweetbriar Street which is the West Frontage of the Property Located at 4400 Avenue A
30. WS042821-04: Authorize Mayor and Finance Director to Sign Agreement Between the City of Rapid City and Ferber Engineering Company, Inc. for Canyon Lake District Streets Reconstruction, Project No. 19-2535 / CIP No. 51098 in the Amount of $219,675.00
31. WS042821-05: Authorize Mayor and Finance Director to Sign Agreement Between the City of Rapid City and Brandon Powles for Construction of a Public Sewer Main in Thrush Drive, West of Nickle Street
32. WS042821-06: Authorize Mayor and Finance Director to Sign Agreement Between the City of Rapid City and B2 Rapid City, LLC for Temporary Construction Easements and Permanent Sanitary Sewer Main Easements for the Elk Vale Lift Station Gravity Main and Force Main Project, Project No. 18-2480 / CIP No. 50729, in the amount of $29,465.00
33. WS042821-07: Approve and Authorize Mayor and Finance Director to Sign Professional Services Agreement with Ferber Engineering Company, Inc. for the Dyess Avenue Reconstruction – Seger Drive to City Limits, Project No. 20-2630 / CIP 51282, in the Amount of $260,030.00
34. WS042821-09: Authorize Mayor and Finance Director to Sign an Amendment to the Original Agreement between the City of Rapid and Longbranch Civil Engineering, Inc. for Professional Engineering Services for St. Cloud Reconstruction – 5th to Highland Ct., Project No. 18-2487, CIP No. 51036, in the amount of $18,702.50
35. WS042821-10: Authorize Staff to Advertise for the 2021 Chip Seal Project, Project No. 2020-2620 / CIP 50549 for $280,000.00
36. WS042821-17: Approve Request from Tony Downs for a Variance to Waive the Requirement to Install Sidewalk Along Pevans Parkway, Rapid City, per City Ordinance 12.08.060

Community Development Consent Items
37. WS042821-16: Authorize Mayor and Finance Director to Sign Resolution No. 2021-042, A Resolution Authorizing the Director of Public Works to Grant Exceptions to the Infrastructure Design Criteria and Standard Specification for Public Works Construction
38. 21TP003: Acknowledge the Rapid City Metropolitan Planning Organization 2020 Traffic Volume Counts Report
39. WS042821-24: Authorize Mayor and Finance Director to Sign the FY21 Community Development Block Grant Contract for Behavior Management Systems, Inc.
40. WS042821-25: Authorize Mayor and Finance Director to Sign the FY20 CDBG-CV3 Community Development Block Grant Contract for Minneluzahan Senior Citizens
41. WS042821-26: Authorize Mayor and Finance Director to Sign the FY21 Community Development Block Grant Contract and Indentures of Restrictive Covenants for black Hills Works, Inc.
42. No. 03TI005 – Approve a request by City of Rapid City for a Resolution 2021-025 to Dissolve Tax Increment Financing District No. 40 for property generally described as being located west of South Highway 79 and north of East Fairmont Boulevard.
43. No. 05TI008 – Approve a request by City of Rapid City for a Resolution 2021-024 to Dissolve Tax Increment District No. 54 for property generally described as being located north of Mall Drive and west of Haines Avenue.

Bid Award Consent Items
44. CC050321-04.1 - Approve award of total bid for Pavement Rehabilitation Project – Elm Avenue, Project No. 19-2549 / CIP No. 50844 opened on April 27, 2021 to the lowest responsible bidder, Simon Contractors of SD, Inc. in the amount of $353,770.00
45. CC050321-04.2 - Award bid for (1) One New Current Model Year Tandem Axle Truck with Elliptical Dump Body from Floyd’s Truck Center with Northern Truck in the amount of $131,900.00 after trade.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 46 – 55

         Open Public Comment – Items 46 – 55 (3-minute time limit per speaker)
                 Close Public Comment

Ordinances
46. WS041421-05: Second Reading of Ordinance No. 6464 – An Ordinance Establishing Chapter 8.40 regarding Nuisance Sidewalks and Amending Chapter 12.08 regarding Sidewalk Construction and Repair.
Recommendation: Approve
47. WS041421-24: Second Reading of Ordinance 6483 Regarding Supplemental Appropriation #2 for 2021.
Recommendation: Approve
48. No. 21RZ011 - First Reading, Ordinance 6484, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Longbranch Civil Engineering, Inc for Doeck, LLC for a Rezoning request from General Agricultural District to Low Density Residential District for property generally described as being located at the western terminus of Coal Bank Drive.
Recommendation: Approve
49. WS042821-08: First Reading of Ordinance No. 6486 Regarding Supplemental Appropriation #3 for 2021
Recommendation: Approve

Working Session Committee Items (NONE)

Community Development Items
50. No. 21PL030 - A request by KLJ for Kirk Simet for a Preliminary Subdivision Plan for proposed Lots 1 and 2, Lots 15 thru 21 of Moon Meadows Ridge Subdivision, generally described as being located east of Moon Meadows Drive terminus.
Recommendation: Approve with Stipulations
51. No. 21PL031 - A request by Longbranch Civil Engineering, Inc for Doeck, LLC for a Preliminary Subdivision Plan for proposed Lots 40 thru 43 of Block 4, Lot 44 of Block 10, Lots 4 thru 7 of Block 11, Lots 1 thru 12 of Block 16, Lots 1 thru 20 of Block 17, Lots 1 thru 9 of Block 18, Lots 1 thru 2 of Block 19 and Lots 10 thru 11 of Block 20 of Auburn Hills Subdivision, generally described as being located western terminus of Coal Bank Drive.
Recommendation: Approve with Stipulations
52. No. 21PL032 - A request by Towey Design Group for Pink Cabin, LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 12 of Block 3 of Moon Meadows Park Subdivision, generally described as being located west of Healing Way between Sammis Trail and Moon Meadows Drive.
Recommendation: Approve with Stipulations
53. No. 21PL033 - A request by Towey Design Group for Pink Cabin, LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 39 of Misty Meadows Subdivision, generally described as being located south of the Misty Woods Lane and Coal Bank Drive intersection.
Recommendation: Approve with Stipulations

Bid Awards
54. CC050321-04.3 - Award bid for Concrete for Utility Service Locations to Prime Excavation in the amount of $231,872.50.
Recommendation: Approve per SD Bid Law 5-18A-5(6)

2021-2022 Alcoholic Beverage License Renewals (50 Licenses all cleared by PD)
55.

License # Owner/Master Name DBA Address
RB-19402 INDEPENDENT ALE HOUSE LLC INDEPENDENT ALE HOUSE 625 SAINT JOSEPH ST
RB-19770 MAIN STREET SQUARE INC. MAIN STREET SQUARE 526 MAIN STREET
RB-20088 SOMEONES IN THE KITCHEN INC SOMEONES IN THE KITCHEN 2210 HAINES AVE
RB-2049 ATLANTIS LLC WATIKI INDOOR WATERPARK RESORT 1314 N ELK VALE RD
RB-2052 RAPID CITY ARTS COUNCIL INC DAHL ARTS CENTER 713 7TH STREET
RB-20607 KATHMANDU BISTRO LLC KATHMANDU BISTRO 727 MAIN ST
RB-20771 C C W LLC HUHOT MONGOLIAN GRILL 1745 EGLIN ST STE 990
RB-20940 K & P LLC HAY CAMP BREWING COMPANY 601 KANSAS CITY ST STE 1
RB-21252 DAKOTA SLICE LLC BLAZE PIZZA 1325 EGLIN ST SUITE 100
RB-2275 M G OIL COMPANY UNCLE SAM'S WEST 2730 WEST MAIN ST
RB-2342 M G OIL COMPANY RUSHMORE CASINO III 1808 MOUNT RUSHMORE RD STE C
RB-2343 M G OIL COMPANY JACKPOT CASINO TOO #2 1415 N LACROSSE ST STE 3-B
RB-24529 FRANKIE'S LLC THIRSTY'S 819 MAIN
RB-24531 DAKOTA SLICE LLC BLAZE PIZZA 515 MOUNTAIN VIEW RD
RB-25642 BW GAS & CONVENIENCE RETAIL, LLC YESWAY # 1189 3275 CAMBELL ST
RB-25672 BW GAS & CONVENIENCE RETAIL, LLC YESWAY # 1187 4030 CHEYENNE BLVD
RB-25940 BW GAS & CONVENIENCE RETAIL, LLC YESWAY # 1188 2215 HAINES AVE
RB-2604 M G OIL COMPANY MARKET SQUARE II 1624 EAST ST PATRICK STE 103
RB-27378 HAPPY FAMILY CO BOKUJO RAMEN 518 MOUNT RUSHMORE RD
RB-2797 M G OIL COMPANY LACROSSE STREET CASINO #1 720 LACROSSE ST BUILDING B SUITE 1
RB-2808 M G OIL COMPANY JOKERS CASINO SOUTH 1320 MOUNT RUSHMORE RD STE C-1
RB-2813 ROBERT W JOHNSON CANYON LAKE PUB & CASINO 4116 JACKSON BLVD
RB-2946 MG OIL COMPANY UNCLE SAMS SOUTH 3 2110 JACKSON BLVD SUITE 103
RB-2952 M G OIL COMPANY RUSHMORE CASINO 1808 MOUNT RUSHMORE RD STE A
RB-2964 M.G. OIL COMPANY THE PARK 707 MOUNTAIN VIEW RD
RB-2966 M G OIL COMPANY BP CASINO II 609 MOUNTAIN VIEW RD STE C-2
RB-2967 M G OIL COMPANY CHANCES CASINO 1565 HAINES AVE STE D
RB-2969 MG OIL COMPANY JACKPOT CASINO TOO #3 1415 N LACROSSE SUITE 3-C
RB-2976 LU SHUN LLC GREAT WALL CHINESE RESTAURANT 315 E NORTH ST
RB-2986 M.G. OIL COMPANY THE PARK 2 707 MOUNTAIN VIEW RD SUITE B
RB-2987 M G OIL COMPANY UNCLE SAMS SOUTH TOO 2110 JACKSON BLVD
RB-2995 M G OIL COMPANY JACKPOT CASINO TOO 1415 N LACROSSE ST STE 3
RB-2996 M G OIL COMPANY HAPPY JACKS I-90 4036 CHEYENNE BLVD
RB-3000 WR RAPID CITY VENTURES LP MINERVA'S BAR & RESTAURANT 2111 N LACROSSE ST
RB-3004 M G OIL COMPANY UNCLE SAM'S SOUTH 2110 JACKSON BLVD
RB-3005 M.G. OIL COMPANY CHANCES CASINO 5 1565 HAINES AVE STE B-2
RB-3006 M G OIL COMPANY HAPPY JACK'S EAST 909 E ST PATRICK ST #20
RB-3011 M G OIL COMPANY LACROSSE STREET CASINO #2 720 LACROSSE ST BUILDING B SUITE 2
RB-3012 M G OIL COMPANY BP CASINO 609 MT VIEW SUITE C-1
RB-3015 M G OIL COMPANY RUSHMORE CASINO II 1808 MOUNT RUSHMORE RD STE B
RB-3027 M G OIL COMPANY MARKET SQUARE CASINO 1624 E ST PATRICK ST
RB-3037 MG OIL COMPANY CHANCES CASINO 3 1565 HAINES AVE STE C-2
RB-3039 MG OIL COMPANY SAM'S # 2 2730 W MAIN ST STE B
RB-3044 MG OIL COMPANY TOBY'S CASINO NORTH 720 E NORTH ST STE 110
RB-3045 PIESANOS PACCHIA INC PIESANO'S PACCHIA 3618 CANYON LAKE DR #121
RB-3791 BW GAS & CONVENIENCE RETAIL, LLC YESWAY # 1190 3887 E HIGHWAY 44
RB-3809 WNRRC LLC BUFFALO WINGS AND RINGS 5622 SHERIDAN LAKE ROAD #101
RB-3851 CORTEZ LLC ALEX JOHNSON HOTEL 523 6TH ST
RB-3114 MG OIL COMPANY LaCrosse Street Casino #3 720 LACROSSE ST SUITE 3
RB-3208 MG OIL COMPANY Chances Casino #4 1565 HAINES AVE SUITE B1
RB-3219 MG OIL COMPANY TOBY'S CASINO NORTH 720 E NORTH ST STE 100

Mayor’s Items (NONE)

Council Items & Liaison Reports (NONE)
         Reconsideration Notices
         Motion for Delivery of Items from Committee

Staff Items (NONE)

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

PUBLIC HEARING ITEMS – Items 56 – 61

           Open Public Hearing (comment) - Items 56 – 61 (3-minute time limit per speaker)
           [Public Hearing Remains Open]

           Close Public Hearing (comment) - Items 56 – 61

CONSENT PUBLIC HEARING ITEMS – Items 56 – 61

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

Community Development Items (NONE)

Alcohol Licenses
56. Rapid City Summer Nights Inc. for a SPECIAL EVENT On-Sale Wine license and On-Sale Malt Beverage License, an event scheduled for June 3, 2021; June 10, 2021; June 17, 2021; June 24, 2021; July 1, 2021; July 8, 2021; July 15, 2021; July 22, 2021; July 29, 2021; August 5, 2021; August 12, 2021; August 19, 2021; August 26, 2021; and September 3, 2021 at 600 & 700 Block of St. Joseph & 500 Block of 7th Street
57. Working Against Violence Inc. for a SPECIAL EVENT Off-Sale Package Wine Dealer License, an event scheduled for May 8, 2021 at Best Western Ramkota, 211 N. LaCrosse Street
58. Rapid City Shrine Temple for a SPECIAL EVENT On-Sale Dealer License, an event scheduled for May 22, 2021 at 4091 Sturgis Road
59. Iron Phnx LLC DBA Iron Phnx, 3468 Sturgis Road for a Retail (on-sale) Liquor License TRANSFER from Wobbly Bobby (Inactive), 510 Main Street
60. Roman Empire LLC DBA Thirsty’s, 819 Main Street for a Retail (on-off sale) Malt Beverage & SD Farm Wine License and a Retail (on-off sale) Wine and Cider License from Frankie’s LLC DBA Thirsty’s, 819 Main Street

Assessment Rolls (NONE)

Other Items Requiring Public Hearings
61. WS042821-23: Authorize Mayor and Finance Director to Sign Resolution No. 2021-043 a Resolution to Enter into a Facility Licenses Agreement with Badlands Sabres Hockey Group LLC

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS(NONE)

EXECUTIVE SESSION
To consult with legal counsel about proposed or pending litigation and contractual matters pursuant to SDCL 1-25-2(4).

BILLS
62. No. CC050321-01 – Bill List for May 3, 2021

ADJOURN

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