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2019 05 06 City Council Agenda

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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, May 6, 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. DENR: 2018 Secretary’s Award for Drinking Water Excellence
2. DENR: 2018 Operation and Maintenance Wastewater Treatment Award
3. Proclamation: National Small Business Week

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 4 – 75

Open Public Comment – Items 4 – 62 (3-minute time limit per speaker)
      Close Public Comment

CONSENT ITEMS – Items 4 – 62

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

Approve Minutes
4. Approve pdf Minutes for the April 15, 2019 Regular Council meeting.

Vacations of Right-Of-Way Set for Hearing (June 3, 2019)
5. No. 19VR002 - A request by FMG Engineering for Rapid City Economic Development Foundation for a Vacation of Right-of-Way for property generally described as being located northeast of the intersection of East Boulevard and East Main Street.

Alcoholic Beverage License Applications Set for Hearing (May 20, 2019)
6. KOL LLC for a SPECIAL EVENT On-Sale Malt Beverage license for an event scheduled for June 12, 2019 at Bankwest, Inc., 311 Omaha Street
7. Rapid City Club for Boys, Inc. for a SPECIAL EVENT Off-Sale Package Wine license for an event scheduled for May 21, 2019 at Holiday Inn, 505 N. 5th Street
8. City of Rapid City for a SPECIAL EVENT On-Sale Malt Beverage license for an event scheduled for June 21, 22 and 23, 2019 at Executive Golf Course, 210 Founders Park Drive
9. Jennifer Lynne Thomas Patterson DBA Quintessence Salon and Spa, 512 Main Street, Suites 200 and 230 for a Retail (on-off sale) Malt Beverage & SD Farm Wine license
10. Holiday Stationstores, LLC DBA Holiday Stationstore #465, 1610 Caregiver Circle for a Package (off-sale) Liquor License TRANSFER from Holiday Stationstores, LLC DBA Holiday Stationstore #449, 1846 Eglin Street
11. Holiday Stationstores, LLC DBA Holiday Stationstore #449, 1845 Eglin Street, for a Retail (on-off sale) Wine and Cider license
12. Holiday Stationstores, LLC DBA Holiday Stationstore #455, 3216 E Highway 44, for a Retail (on-off sale) Wine and Cider License and for a Retail (on-off sale) Malt Beverage & SD Farm Wine license

Alcoholic Beverage License Applications Set for Hearing (May 20, 2019)
2019 Retail (on-off sale) Malt Beverage & SD Farm Wine License Renewals
13. Mini Mart Inc. DBA Loaf ‘N Jug #446, 2700 E Hwy 44 for a Retail (on-off sale) Malt Beverage & SD Farm Wine license renewal
14. Big D Oil Co. DBA Big D Oil #45, 251 Stumer Rd for a Retail (on-off sale) Malt Beverage & SD Farm Wine license renewal
15. Platinum Restaurant Group, Inc. DBA Marco’s Pizza #3019 for a Retail (on-off sale) Malt Beverage & SD Farm Wine license renewal

Public Works Committee Consent Items
16. PW043019-02: Authorize Mayor and Finance Officer to Sign Resolution 2019-033, A Resolution to Approve the Formation of the Stonecrest Road District.
17. PW043019-01: Approve Change Order 4 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 $5,369.90.
18. PW043019-03: Authorize staff to advertise for 2019 Chip Seal Project No. 18-2468 / CIP 50844 for $300,000.
19. PW043019-04: Authorize Staff to Advertise Bids for Joint Sealing/Panel Repair Cambell St Project 18-2472 / CIP No. 50445. Estimated Cost $400,000.00.
20. PW043019-05: Request Authorization to Seek Proposals for Professional Services for Wildwood Area Reconstruction Projects, Project No. 19-2504 / CIP No. 51004.
21. PW043019-06: Authorize staff to advertise bids for Pavement Rehabilitation Project –Fountain Plaza Drive and Rand Road, Project No. 18-2471 / CIP No. 50549. Estimated Cost: $460,000.
22. PW043019-07: Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid and Sperlich Consulting, Inc. for Professional Engineering Services for St. Cloud Reconstruction – 5th to Highland Ct., Project No. 18-2487, CIP No. 51036, in the amount of $166,794.00.
23. PW043019-08: Authorize Mayor and Finance Officer to Sign an Amendment to the Agreement between the City of Rapid City and Pennington County for Property Acquisition on the Deadwood Avenue Reconstruction I90 to Meade County. City Project No. 17-2375 / CIP No. 50437.
24. PW043019-09: Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Black Hills Power, Inc. for Construction of Public Sanitary Sewer and for Oversize Sanitary Sewer Main Cost Reimbursement, not to exceed $135,572.92.
25. PW043019-10: Authorize Mayor and Finance Officer to sign Oversize Agreement to increase water main from 8” to 12” in Addison Avenue east of Healing Way, not to exceed $27,255.
26. PW043019-11: Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Elite Custom Homes, LLC. for Construction of Public Storm Sewer.
27. PW043019-12: Authorize Mayor and Finance Officer to Sign Resolution No. 2019-028 Construction Fee Resolution for 5th Street Water Main Oversize - Per Acre Fee, Project No. DEV12-1098.
28. PW043019-13: Authorize Mayor and Finance Officer to Sign Resolution No. 2019-029 Construction Fee Resolution for Krebs Drive Water Main Extension Oversize - Per Acre Fee, Project No. 18-2446.
29. PW043019-14: Authorize Mayor and Finance Officer to Sign Resolution No. 2019-030 Construction Fee Resolution for Auburn Hills Subdivision – Haines Avenue Water Main Oversize - Per Acre Fee, Project No. DEV17-1365.
30. PW043019-15: Approve Request from Justin Hammer & Katie Hammer for a variance to waive the requirement to install sidewalk along Wildwood Drive, Rapid City, per City Ordinance 12.08.060.
31. PW043019-16: Approve Request from Fisk Surveying & Consulting Engineers, Inc. for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along Haines Avenue for the proposed Chalkstone Subdivision Development.
32. PW043019-24: Authorize Mayor and Finance Officer to Sign an Construction Administration Professional Service Agreement between the City of Rapid City and FMG Engineering, Inc. for Disk Drive and Haines Avenue Intersection, Project No. 16-2347 I CIP No. 51121. In the amount of $108,322.00.
33. PW043019-17: Approve advertising authority for Purchase of one (1) Current Model Year Single Axle Sander with V-Plow to be used by the Street Department for snow removal/sanding, estimated cost $185,500.00
34. PW043019-18: Approve request to purchase one (1) Current model year Dodge 2500 4x4 Pickup from Liberty Superstore for the amount of $29,500 for use by Water Reclamation Storm Water fleet.
35. PW043019-19: Approve request to purchase one (1) Current model year Dodge Cargo Van from Liberty Superstore for the amount of $26,836.00 for use by Stormwater Drainage fleet.
36. PW043019-20: Approve request to purchase one (1) Current model year Dodge 2500 4x4 Pickup from Liberty Superstore for the amount of $30,931 for use by the Water Reclamation Waste Water Collection fleet.
37. PW043019-21: Authorize staff to advertise for bids for LaCroix Disc Golf and Trails Project PR19-6169, estimated cost $80,000.
38. PW043019-22: Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Yasmeen Dream. LLC for negotiated reimbursement in the amount of $184,725.00 for storm water detention improvements in North Valley Park development.
39. PW043019-23: Acknowledge Public Works Department Solid Waste Division Operations Overview and Update.

Legal & Finance Committee Consent Items
40. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Trevor Phillips (Parks and Recreation), Alexia Hodgson (Police Department),
41. LF050119-01 – Acknowledge March 2019 General Fund Cash Balance Report
42. LF050119-07 – Acknowledge FY2018 Annual Financial Report
43. LF050119-11 – Approve Resolution No. 2019-036 a Resolution Declaring Miscellaneous Personal Property Surplus to be Traded
44. LF050119-05 – Authorize the Mayor and Finance Officer to sign the FY2019 Community Development Block Grant Contract with Pennington County Health & Human Services
45. LF050119-06 – Authorize the Mayor and Finance Officer to sign the FY2019 Community Development Block Grant Contract for Behavior Management Systems
46. LF050119-09 – Authorize the Mayor and Finance Officer to Sign Agreement with South Dakota Department of Agriculture, Wildland Fire Division, for Wildland Fire Suppression Assistance

CIP Committee Consent Items
47. pdf No. CIP041219-00 - Acknowledge Capital Improvement Programs Committee Monthly Updates for April 2019
48. No. CIP041219-03 – Approve Capital Plans for Government Facilities – (Fire & Emergency Services, Parks & Recreation, CSAC, Summary)
49. pdf No. CIP041219-04 – Approve Capital Plan for Fire Vehicles
50. pdf No. CIP041219-05 – Approve Capital Plan for Parks & Recreation
51. pdf No. CIP041219-06 – Approve Capital Plan for Information Technology
52. No. CIP041219-01 – Acknowledge Financial Report (Summary, DCA Charges and Debt Service)
53. pdf No. CIP041219-02 – Approve Capital Plan for PW Infrastructure
54. pdf No. CIP041219-07 – Approve 5-year CIP Plan 2020-2024
55. No. CIP041219-09 – Approve approximately $80,000 to pave E. St Francis - Lisa Modrick

Community Development Consent Items
56. 19TP007: Acknowledge 2016-2018 Socio-economic Report (Informational Only)
57. 19TP009: Acknowledge Coordinated Public Transit-Human Services Transportation Plan – Final Report (Informational Only)
58. 19TP013: Acknowledge East Rapid City Traffic and Corridor Analysis Study – Draft Report (Informational Only)

Bid Award Consent Items
59. No. CC050619-02.1 – Approve award of Total Base Bid for Parks and Recreation Bridge Improvements, Project No. PR18-2406 opened on April 30, 2019 to the lowest responsible bidder, Corr Construction Services in the amount of $195,361.70.
60. No. CC050619-02.2 – Approve award of Base Bid plus Alternate #1 for the Total Bid for Harney Little League Improvements Fence, Bleachers, Dugouts, Project No. PR19-6170 opened on April 30, 2019 to the lowest responsible bidder, Complete Concrete, Inc. dba Complete Contracting Solutions in the amount of $141,511.00.
61. No. CC050619-02.3 – Award Total Bid in the amount of $92,312.50 to Pete Lien & Sons, Inc. opened on April 30, 2019 for Ready Mix Concrete for various City departments.
62. No. CC050619-02.4 - Award Total Bid in the amount of $233,766.00 to Eddie’s Truck Center/Northern Truck Equipment., opened on April 30, 2019 for Two (2) Current Model Year Single Axle Dump Trucks.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 63 – 75

Open Public Comment – Items 63 – 75 (3-minute time limit per speaker)
         Close Public Comment

Ordinances
63. No. 19RZ009 - First Reading, Ordinance 6322, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Sperlich Consulting, Inc. for Doeck, LLC for a Rezoning from Medium Density Residential District to Low Density Residential District for property generally described as being located north of the intersection of Cobalt Drive and Coal Bank Court.
Recommendation: Approve
64. No. 19RZ010 - First Reading, Ordinance 6323, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Sperlich Consulting, Inc. for Doeck, LLC for a Rezoning from General Agricultural District to Low Density Residential District for property generally described as being located north of the intersection of Cobalt Drive and Misty Woods Lane.
Recommendation: Approve
65. LF032719-09 – Second Reading, Ordinance No. 6321, An Ordinance Allowing the Installation of Parking Meters and Revising the Existing Time Zones in Downtown Rapid City by Amending Chapter 10.44 of the Rapid City Municipal Code (RCMC).
Recommendation: Approve 3 to 1 with Modrick voting no.
66. LF041019-11 – Second Reading, Ordinance No. 6324, An Ordinance Updating and Revising the General Parking Regulations of the City of Rapid City by Amending Chapter 10.40 of the Rapid City Municipal Code (RCMC).
Recommendation: Approve 3 to 1 with Modrick voting no.
67. LF050119-03 – First Reading, Ordinance No. 6327, An Ordinance Regarding Supplemental Appropriation #3 for 2019
Recommendation: Approve
68. LF050119-02 – First Reading, Ordinance No. 6325, An Ordinance to Amend Section 9.28.030 and Repeal Section 9.28.040 of the Rapid City Municipal Code Relating to Firearms.
Recommendation: Approve
69. LF050119-04 – First Reading, Ordinance No. 6328, An Ordinance Amending Section 5.12.080 and Adding Section 12.20.110 of the Rapid City Municipal Code Regarding the Consumption, Mixing or Possession of Alcoholic Beverages in Public Places.
Recommendation: Approve

Public Works Committee Items
70. PW011519-14.2: Request by KTM Design Solutions on behalf of Yasmeen Dream, LLC for reimbursement for repayment of one-half of construction cost for sanitary sewer improvements for the North Valley Park in the amount of $110,445.05
Recommendation: Send to Council without Recommendation

Legal & Finance Committee Items
71. LF050119-08 – Authorize the Mayor and Finance Officer to Sign Agreement for Ambulance Services Between the City of Rapid City and the City of Summerset
Recommendation: Send to Council without Recommendation
72. LF050119-10 – Approve Resolution 2019-035, A Resolution Amending Certain Fees to be Charged in 2019 for Various Licenses, Permits and Applications.
Recommendation: Approve 3 to 1 with Modrick voting no.

CIP Committee Items (NONE)

Community Development Items (NONE)

Other Board, Commission & Committee Items (NONE)

Bid Awards (NONE)

Alcoholic Beverage License Applications Renewals
73. pdf 2019 Retail (on-off sale) Malt Beverage & SD Farm Wine License Renewals

74. pdf 2019 Retail (on-off sale) Malt Beverage & SD Farm Wine License Renewals WITH VIDEO LOTTERY

75. pdf 2019 Retail (on-off sale) Malt Beverage & SD Farm Wine License Renewals INACTIVE

Mayor’s Items (NONE)

Staff Items (NONE)

Appeals
     Planning Commission Appeals
     License Appeals
     Sign Code Appeals
    Other Appeals Heard by the Council

PUBLIC HEARING ITEMS – Items 76 – 83

Open Public Hearing (comment) - Items 76 –83 (3-minute time limit per speaker)
[Public Hearing Remains Open]

Close Public Hearing (comment) - Items 76 – 83

CONSENT PUBLIC HEARING ITEMS – Items 76 – 82

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

Community Development Items (NONE)

Alcohol Licenses
76. Mexico Tipico LLC DBA Mexico Tipico, 1900 N. Maple for a Retail (on-off sale) Malt Beverage & SD Farm Wine license and a Retail (on-off sale) Wine and Cider license
77. Rushmore German Club for a SPECIAL EVENT On-Sale Malt Beverage and On-Sale Wine Retailer license for an event scheduled for August 15-25, 2019 at the Central States Fair, 800 San Francisco Street
78. Knights of Columbus for a SPECIAL EVENT On-Sale Malt Beverage and On-Sale Wine Retailer license for events scheduled for June 8, 2019 and July 19, 2019 at Blessed Sacrament Church, 4500 Jackson Blvd
79. Firehouse Brewing Co. for a SPECIAL EVENT On-Sale Dealer license for an event scheduled for May 13, 2019 at Prairie Edge, 606 Main Street
80. NAJA Shrine for a SPECIAL EVENT On-Sale Dealer license for an event scheduled for June 1, 2019 at Rapid City Shrine Center, 4091 Sturgis Road
81. The Gyro Hub LLC DBA The Gyro Hub, 1301 W Omaha Street Suite 104 for a Retail (on-off sale) Malt Beverage & SD Farm Wine license
82. DNJ LLC for a SPECIAL EVENT On-Sale Malt Beverage and On-Sale Wine Retailer license for an event scheduled for May 9, 2019 at the Rushmore Mall, 2200 N Maple, fenced area near Rue 21

Assessment Rolls (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Item 83
83. No. 19RZ008 - Second Reading, Ordinance 6319, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Sperlich Consulting, Inc for West View LandCompany, LLC for a Rezoning Request from General Commercial District to Light Industrial District for property generally described as being located at 2000 Deadwood Avenue.
Recommendation: Approve

BILLS
84. No. CC050619-01 – Bill List for May 6, 2019

ADJOURN

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