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2018 11 05 City Council Agenda

pdf PDF Version of 11/5/18 Agenda

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, November 5, 2018

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. Employee Recognitions
2. Proclamation for World Diabetes 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 3 – 72

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

CONSENT ITEMS – Items 3 – 55

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

Approve Minutes
3. Approve pdf Minutes for the October 15, 2018 Regular Council meeting.

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

Alcoholic Beverage License Applications Set for Hearing (November 19, 2018)
4. Contraband LLC DBA Contraband LLC, 601 Kansas City Street, Suite 6 for a Retail (on-off sale) Malt Beverage and SD Farm Wine license

5. Youth and Family Services for a SPECIAL EVENT on Sale Malt Beverage license and on-Sale Wine license for an Event scheduled for February 8-9, 2019 at Youth and Family Services, 120 E Adams Street

6. Piesano’s Pacchia Inc. (Stacey Livermont) DBA Piesano’s Pacchia, 3618 Canyon Lake Drive #121 for a Retail (on-off sale) Wine and Cider License TRANSFER from Piesano’s Pacchia Inc. (Peggy Livermont) DBA Piesano’s Pacchia, 3618 Canyon Lake Drive #121

7. B & B Kelley LLC DBA Whiskey and Prime, 1415 N LaCrosse Street, Suite 4 for a Retail (on-sale) Liquor License (Inactive) TRANSFER from B & B Kelley LLC DBA Historic Freight House, 306 Seventh Street

2019 Retail (on-sale) Liquor License Renewal
8. VFW DBA Rushmore Post 1273, 420 Main Street for a Retail (on-sale) Liquor License

2019 Retail (on-off sale) Wine and Cider License Renewal
9. Dadah Kids Corp. DBA Pauly’s Saint Patrick Street, 1624 E St. Patrick Street Suite 101 for a Retail (on-off sale) Wine and Cider License

2019 Package (off-sale) Liquor License Renewal
10. Hartmann Enterprises LLC DBA Time Square Liquor, 13 New York Street for a Package (off-sale) Liquor License

Public Works Committee Consent Items
11. PW103018-01 – Confirm the appointment of Jim Jackson to the Historic Sign Review Committee.
12. PW103018-02 - Confirm the reappointment of Shon Hanczyc and new appointments of Michael Calabrese and Samantha Linhart to the Parks and Recreation Advisory Board
13. PW103018-03 - Approve Change Order 2 to Mainline Contracting, Inc. for 38th Street Reconstruction, Clifton to Range Project, Project #15-2232/CIP 50716.1 &.2 for an increase of $3,953.60.
14. PW103018-04 - Approve Change Order 1 to Dakota Barricade, LLC. for 2018 Lane Line Painting Project, Project #17-2374/CIP 50594 for an increase of 7 days on the completion of project. No cost change order.
15. PW103018-05 - Approve Change Order 1F to Tru-Form Construction, Inc. for ADA Compliance Project, Project #15-2311/CIP 50761 for a decrease of $1,237.00.
16. PW103018-06 - Approve Change Order 1F to Highmark Construction, Inc. for East Rapid city Water System Expansion Mesa View Estates Subdivision, Radar Hill Road and Morris Lane Water Extensions Project, Project #14-2198/CIP 50964.F for a decrease of $50,843.80
17. PW103018-07 - Approve Change Order 1F to Lind-Exco, Inc. for East Rapid City Water System Expansion Anderson Road Water Main Extension Project, Project #14-2194/CIP 50964.B for a decrease of $27,201.18.
18. PW103018-08 - Approve Change Order 1F to Hills Materials Company for Anamosa Street Reconstruction Midway Street to Milwaukee Street Project, Project #07-1473/CIP 50559 for a decrease of $86,936.23.
19. PW103018-09 - Authorize Mayor and Finance Officer to Sign Professional Services Agreement between the City of Rapid City and Ferber Engineering, Inc. for Maple Avenue and Nebraska Street Sanitary Sewer Project No. 18-2337.1, CIP No. 50975.1 in the amount of $52,460.00.
20. PW103018-10 - Authorize Mayor and Finance Officer to Sign An Agreement Between the City Of Rapid City and BALLISTA, LLC for Construction of Public Improvements within the Beckman Drive Right-of-Way.
21. PW103018-11 - Approve Acceptance of Infrastructure for Magellan – Rapid City Canopy Fire Hydrant Extension- DEV16-1330
22. PW103018-12 - Renew Street Light Maintenance Contract with Lighting Maintenance Co. (a division of Solar Sound Corp.) for 2019.
23. PW103018-13 - Approve extending contract bid to Mainline Contracting for Operated Equipment Rental for Street Snow Removal contract for the 2018-2019 snow season.
24. PW103018-14 – Approve extending contract bid to Simon (a.k.a. Hills Materials) for Operated Equipment Rental for Street Snow Removal contract for the 2018-2019 snow season.
25. PW103018-15 - Approve extending contract bid to Tru-Form Construction, Inc. for Operated Equipment Rental for Street Snow Removal contract for the 2018-2019 snow season.
26. PW103018-16 - Approve Change Order No. 1 to Simon Contractors of SD, Inc. for Cemetery Improvements Project No. PR18-2409, for a decrease of $14,206.74.
27. PW103018-18 – Authorize Purchase Authority for New Wheeled Loader from Source Well Agreement. Purchase price $136,000.00. Loader to be used by Storm Drainage, Waste Water and Utility Maintenance.
28. PW103018-19 – Approve Request from Genesis Capital LLC for a Variance to Waive the Requirement to Install Sidewalk along Seger Drive, Rapid City, per City Ordinance 12.08.060.
29. PW103018-20 – Approve Appeal by Sperlich Constulting, Inc. on behalf of SODAK Development to approve an Exception Request to waive the requirement to install public improvements in Reservoir Road.
30. PW103018-21 – Approve Appeal by KTM Design Solutions for an Exception Request to allow a reduced pavement width for Dyess Avenue (a minor arterial) and waive the requirement to install curb, gutter and street light conduit.
31. PW103018-22 – Acknowledge information regarding petition from the West Dakota Water Development District to the South Dakota Water Management Board requesting a Declaratory Ruling concerning the City of Rapid City’s Septic System Ordinance and the City of Rapid City’s Petition in Opposition.

Legal & Finance Committee Consent Items
32. LF103118-09 – Authorize Staff to Apply and Accept, if Awarded, the Assistance to Firefighter Grant
33. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Ginny Merrill (RSVP+), Annette Brant (RSVP+), Cora Fried (RSVP+), Jerri Harn (RSVP+), Dawn Keegan (RSVP+), Janet Sayler (RSVP+), Calli Winkelman (RSVP+), Debra Renken (RSVP+), Ciara Breen (RSVP+), Vicky Hix (RSVP+), Timothy Kaiser (Police Department)
34. LF103118-01 – Approve Resolution No. 2018-061 a Resolution to Update Change Funds
35. LF103118-02 – Acknowledge August 2018 Sales Tax Report
36. LF103118-11 – Acknowledge September 2018 General Fund Cash Balance Report
37. LF103118-15 – Authorize Mayor and Finance Officer to Sign the Standard Form Agreement Between Owner and Construction Manager as Constructor (AIA Doc. A133-2009) and General Conditions of the Construction Contract (AIA Doc. A201-2007) with M.A. Mortenson Company for the Rushmore Plaza Civic Center Arena Project
38. LF103118-16 – Authorize Mayor and Finance Officer to Sign First Amendment to the Consulting Agreement with Tegra Group, Inc. to Act as the Owner’s Representative for the Rushmore Plaza Civic Center Arena Project

CIP Committee Consent Items (NONE)

Community Development Consent Items (NONE)
39. LF103118-03 – Authorize Mayor and Finance Officer to Sign Funding Approval/Agreement for FY2018 Community Development Block Grant (CDBG) Funding
40. LF103118-04 – Authorize Mayor and Finance Officer to Sign FY2018 Community Development Block Grant (CDBG) Contract with Behavior Management Systems, Inc. (BMS)
41. LF103118-05 – Authorize Mayor and Finance Officer to Sign FY2018 Community Development Block Grant (CDBG) Contract and Indenture of Restrictive Covenants for Black Hills Works
42. LF103118-06 – Authorize Mayor and Finance Officer to Sign FY2018 Community Development Block Grant (CDBG) Contract and Indenture of Restrictive Covenants for Community Health Center of the Black Hills (CHCBH)
43. LF103118-07 – Authorize Mayor and Finance Officer to Sign FY2018 Community Development Block Grant (CDBG) Contract with Pennington County Health & Human Services (PCHHS)
44. LF103118-08 – Authorize Mayor and Finance Officer to Sign FY2018 Community Development Block Grant (CDBG) Contract and Indenture of Restrictive Covenants with Feeding South Dakota
45. LF103118-13 – Approve Authorize Mayor and Finance Officer to Sign FY2019 Performance Contract between the City of Rapid City and Black Hills Council of Local Governments (BHCOLG). 
46. LF103118-14 – Authorize Mayor and Finance Officer to Sign FY2017 Community Development Block Grant (CDBG) Contract with Freeland Ranch Community, Inc. (Hagg Development)
47. 18TP033 – Approve the 2019 Unified Planning Work Program – Final Report
48. 18TP034 – Approve Agreement between the City of Rapid City and the South Dakota Department of Transportation for Accomplishing the Rapid City Area Transportation Planning Process in the Amount of $972,117.00
49. No. 18CA003 – Approve Resolution 2018-077 A request by KTM Design Solutions, Inc. for Hagg-Gomez LLC for a Comprehensive Plan Amendment to Amend the Future Land Use Plan from Low Density Neighborhood to Urban Neighborhood for property generally described as being located north of the intersection of Seger Drive and Mall Drive.

Bid Award Consent Items
50. CC101518-02.4(B) – Award Total Bid in the amount of $119,868.00 for two 8000 pound triple stage forklifts to second lowest bidder Lift Pro Equipment Company, Inc. due to low bidder failing to meet equipment specifications. (This item was continued from the October 15, 2018 City Council Meeting.)
51. CC101518-02.5(B) – Reject sole bid for Lift Pump Vertical Turbine for Water Reclamation. There was an exception in the bid. Rebid at a later date. (This item was continued from the October 15, 2018 City Council Meeting.)
52. CC101518-02.8(B) – Approve award of Parking Lot Number 4 to JMD Excavating in the amount of $391.00 per snow event (2-6” snow) and $594.00 per snow event (over 6” snow). This was previously awarded to Marathon Resource Management Group.
53. CC101518-02.9(B) – Approve award of Parking Lot Number 5 to JMD Excavating in the amount of $598.00 per snow event (2-6” snow) and $898.00 per snow event (over 6” snow). This was previously awarded to Marathon Resource Management Group.
54. CC110518-02.1 – Approve award of total bid for Willow Ave, Ivy Ave, Fairlane Dr. Street and Utility Reconstruction, Project No. 15-2254 / CIP No. 50421.3-1C opened on October 30, 2018 to the lowest responsible bidder R.C.S. Construction, Inc., in the amount of $2,515,428.34.
55. CC110518-02.2 – Approve award of total bid for Pavement Rehabilitation Project - Maple Avenue Area, Project No. 18-2438 / CIP No. 50844 opened on October 30, 2018 to the lowest responsible bidder, Western Construction, Inc. in the amount of $492,079.14.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 56 - 72

Open Public Comment – Items 56 - 72 (3-minute time limit per speaker)
      Close Public Comment

Ordinances
56. No. 18RZ024 - First Reading, Ordinance 6280, 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 No Use District to Medium Density Residential District for property generally described as being located north of Seger Drive, east of 143rd Avenue, west of Dyess Avenue.
Recommendation: Approve
57. No. 18RZ026 - First Reading, Ordinance 6286, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by KTM Design Solutions, Inc for Hagg-Gomez LLC for a Rezoning request from General Agricultural District to Medium Density Residential District for property generally described as being located north of the intersection of Seger Drive and Mall Drive.
Recommendation: Approve
58. LF103118-12 – First Reading, Ordinance No. 6289, an Ordinance Regarding Supplemental Appropriation #7 for 2018.
Recommendation: Approve

Public Works Committee Items
59. PW103018-17 - Approve Lease Agreement between the City of Rapid City and Black Hills Soccer Federation, Inc.
Recommendation: Approve 4-1 with Scott voting no.

Legal & Finance Committee Items
60. LF103118-10 – Approve Resolution No. 2018-078 a Resolution Levying Assessment for Abatement of Nuisances
Recommendation: Send to Council without Recommendation

Community Development Items
61. No. 18PL092 - A request by Ferber Engineering Company for Horst Properties, LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 6 and Drainage Lot of Horst Subdivision, generally described as being located east of Rand Road, south of Commerce Drive.
Recommendation: Approve with Stipulations
62. No. 18PL093 - A request by KTM Design Solutions, Inc. for Boomshockalocka LLC for a Preliminary Subdivision for proposed Lots 1 thru 7 of Block 1 and Lots 1 thru 6 of Block 2 of Dyess Subdivision, generally described as being located east of Dyess Avenue, north of Seger Drive.
Recommendation: Approve with Stipulations
63. No. 18PL094 - A request by KTM Design Solutions, Inc for Hagg-Gomez LLC for a Preliminary Subdivision Plan for proposed Lot 1 of Block 1 of Freeland #2 Subdivision, generally described as being located north of the intersection of Seger Drive and Mall Drive.
Recommendation: Approve with Stipulations
64. No. 18PL095 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Saxe Development LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 14 of Chalkstone Subdivision, generally described as being located at the northern terminus of Chalkstone Drive. Recommendation: Approve with Stipulations
65. No. 18PL096 - A request by D. C. Scott Surveyors, Inc for Carlos Colon for a Preliminary Subdivision Plan for proposed Lot 12A and Lot 12B of Pleasant Valley Subdivision, generally described as being located east of Crane Drive, north of Long View Road.
Recommendation: Approve with Stipulations
66. 18TI004 – TIF Policy Overview Presentation 2018
Recommendation: Acknowledge

Bid Awards (NONE)

Alcoholic Beverage License Applications Renewals for 2019

67. pdf 2019 Retail (on-sale) Liquor License Renewals

68. pdf 2019 Retail (On Sale) Liquor License Renewals WITH Video Lottery

69. pdf 2019 Retail (On-Off Sale) Wine License Renewals

70. pdf 2019 Inactive License Renewals

71. pdf 2019 Package (Off-sale) Liquor Renewals

72. pdf 2019 Convention Center (on-sale) Liquor Renewals

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 – Item 73

Open Public Hearing (comment) – Item 73 (3-minute time limit per speaker)
[Public Hearing Remains Open]

Close Public Hearing (comment) – Item 73

CONSENT PUBLIC HEARING ITEMS – Item 73

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

Community Development Items (NONE)

Alcohol Licenses
73. DNJ, LLC, DBA Dickey’s BBQ, 2200 N Maple Ave – Rushmore Mall for a Retail (on-off sale) Wine and Cider license and 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 – (NONE)

EXECUTIVE SESSION - To discuss the qualifications, competence, performance, character or fitness of a prospective employee pursuant to SDCL 1-25-2(1).

STAFF DIRECTION - Authorize the Public Works Director to make an offer of employment for the position of Solid Waste Superintendent at Grade 24, Step 10 on the Non-Union Pay Matrix.

BILLS
74. No. CC110518-01 – Bill List for November 5, 2018

ADJOURN

Published in 2018 City Council Agendas

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