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2019 08 19 City Council Meeting

  pdf PDF Version of the 8/19/19 Agenda

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, August 19, 2019

ROLL CALL AND DETERMINATION OF QUORUM

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

PLEDGE OF ALLEGIANCE

ADOPTION OF AGENDA

PRESENTATION
1. Sustainability Committee Annual Update
2. Conservation of Irrigation Water and Compost – Jerome “Jerry” Wright, PhD

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 – 40]

         Open Public Comment – Items 3 – 30 (3-minute time limit per speaker)
                  Close Public Comment

CONSENT ITEMS – Items 4 – 30

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

Approve Minutes
3. Approve Minutes for the pdf August 5, 2019 Regular Council meeting.
4. Approve Minutes for the pdf August 5, 2019 Special Council meeting.

Vacations of Right-Of-Way Set for Hearing (September 16, 2019)
5. No. 19VR004 - A request by Davis Engineering, Inc. for Murphy Brothers Partnership, LLC for a Vacation of Right-of-Way for property generally described as being located south of the current terminus of Knuckleduster Road.

Alcoholic Beverage License Applications Set for Hearing (September 3, 2019)
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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.
12. 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
13. Joachley’s Studios DBA Board & Brush, 705 Indiana Street, for a Retail (on-off sale) Malt Beverage & SD Farm Wine license

Public Works Committee Consent Items
14. PW081319-01: Authorize Staff to Advertise for Bids for Gray Fox Court and Fox Run Drive Storm Sewer Outfall Stabilization, Project No. 18-2444 / CIP No. 51167, Estimated Cost $400,000.
15. PW081319-02: Authorize staff to advertise for E Saint Francis Street Paving, Project No. 19-2514 / CIP 51237 for $87,000.
16. PW081319-08: Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid and Longbranch Civil Engineering, Inc. for Professional Engineering Services for Robbinsdale Phase 6 Design, Project No. 19-2515, CIP No. 51232, in the amount of $517,084.00.
17. PW081319-05: Approve Change Order #1 F to Kaski, Inc. for Creek Drive Utility Easement Reclamation Project, Project #19-2495 / GIP NO. 51035.1 for an increase of $4,212.45.
18. PW081319-06: Approve Change Order #2 to R.C.S. Construction, Inc. for Willow Avenue, Ivy Avenue, Fairlane Drive, Street and Utility Reconstruction Project, Project #15-2254 / CIP NO. 50421.3-1 C. This is a no cost change order.
19. PW081319-07: Approve request from the Herman F. Jones revocable trust and Wanda J. Jones revocable trust for Council Authorization for City of Rapid City (City) to provide water and sewer service outside City Limits.
20. PW081319-10: Authorize Mayor and Finance Officer to Sign Resolution No. 2019-069 Construction Fee Resolution for Southside Drive and Reservoir Road Sanitary Sewer Extension Oversize - Per Acre Fee, Project Nos. 14-2095 & 15-2315.
21. PW081319-09: Approve Change Order No. 2 to Simon Contractors of SD, for Parks and Recreation 2019 Asphalt Paving Project PR19-6166, for an increase of $19,088.85.
22. PW081319-03; Approve with stipulations, a Request from Davis Engineering, Inc. for an Exception for an additional lot generally located at Lot 8 of Hills View Subdivision, 1171 Valley Drive to allow more than 40 dwelling units with one point of access. Per Section 2.6 of the Infrastructure Design Criteria Manual (IDCM), a single access can only serve 40 dwelling units unless an Exception is approved by City Council.

Legal & Finance Committee Consent Items
23. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Fiona Anderson (Library), Christine Jones (Library)
24. LF081419-07 – Acknowledge June 2019 Sales Tax Report
25. LF081419-09 –Approve Resolution No. 2019-068 a Resolution Levying Assessment for Abatement of Nuisances
26. LF081419-02 – Authorize Staff to Apply and Accept if Awarded the Hazardous Materials Emergency Preparedness (HMEP) Grant for the amount of $38,786.00. Funding is for Three Separate Training Workshops Focused on Hazardous Material Transportation
27. LF081419-06 – Authorize Staff to Apply for and Accept if Granted, the 2019 JAG Grant, Totaling $92,425.00 to be Evenly Split Between the RCPD and the Pennington County Sheriff’s Office, to be Used to Replace Aging Radios
28. LF081419-04 – Acknowledge Annual TID Report to City Council.
29. LF081419-01 – Approve Resolution No. 2019-062 a Resolution Establishing the City of Rapid City Archery Antlerless Deer Access Permit Program.

CIP Committee Consent Items (NONE)

Community Development Consent Items
30. LF081419-05 – Approve Final Community Development Block Grant (CDBG) FY2019 Funds Reallocation Recommendation

Bid Award Consent Items (NONE)

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 31 – 40

      Open Public Comment – Items 31 – 40 (3-minute time limit per speaker)
          Close Public Comment

Ordinances
31. LF073119-04 – Second Reading, Ordinance 6347, an Ordinance to Amend Section 9.28.020 of the Rapid City Municipal Code Relating to Throwing Stones and Missiles.
Recommendation: Approve
32. LF073119-12 – Second Reading, Ordinance No. 6352, an Ordinance Removing the Requirement to have a Runoff Election for Municipal Offices by Repealing Section 1.16.030 of the Rapid City Municipal Code.
Recommendation: Approve
33. No. 19RZ025 – First 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
34. No. 19RZ026 – First 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
35. LF081419-03 – First Reading, Ordinance No. 6351, An Ordinance Concerning the Opportunity Capture Fund Oversight Board.
Recommendation: Approve
36. LF081419-10 – First Reading, Ordinance No. 6346, regarding FY2020 Appropriation Ordinance.
Recommendation: Approve 3-1 with Drury voting no.

Public Works Committee Items (NONE)

Legal & Finance Committee Items (NONE)

CIP Committee Items (NONE)

Community Development Items
37. No. 19PL059 - A request by Dream Design International, Inc. for BH Capital 4, LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 3 of Block 1 of Shepherd Hills Subdivision, generally described as being located east of E. Anamosa Street south of Menards.
Recommendation: Approve with Stipulations
38. No. 19PL060 - A request by Longbranch Civic Engineering, Inc. for Lee Jensen for a Preliminary Subdivision Plan for proposed Lot 2R2 of Block 6 of Elks Country Estates, generally described as being located northwest of the intersection of Willowbend Road and Augusta Drive.
Recommendation: Approve with Stipulations
39. No. 19PL061 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Lima Properties LLC for a Preliminary Subdivision Plan for proposed Lots 1 and 2 of Lima Subdivision, generally described as being located 2700 Mount Rushmore Road and 751 Cathedral Drive.
Recommendation: Approve with Stipulations
40. 19RD004 – Approve Resolution No. 2019-064 a Resolution Requesting a Portion of Big Sky Drive be Renamed to Patricia Street.
Recommendation: Approve 3-1 with Drury voting no.

Bid Awards (NONE)

Alcoholic Beverage License Applications (NONE)
        Reissuance
        Special Event

Mayor’s Items (NONE)

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

PUBLIC HEARING ITEMS – Items 41 – 51

Open Public Hearing (comment) - Items 41 – 51 (3-minute time limit per speaker)
[Public Hearing Remains Open]

Close Public Hearing (comment) - Items 41 – 51

CONSENT PUBLIC HEARING ITEMS – Item 41 – 51

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

Community Development Items (NONE)

Alcohol Licenses
41. Dakota Point Brewing LLC for a SPECIAL EVENT On-Sale Malt Beverage license and On-Sale Wine license for events scheduled for September 7, 2019, September 28, 2019, October 5, 2019, October 26, 2019 and November 2, 2019 at South Dakota School of Mines and Technology, O’Harra Stadium, Ramp C, Fenced Beer Garden, 501 E. St. Joseph Street
42. Thai Thai LLC DBA Thai Thai Restaurant, 221 E North Street for a Retail (on-off sale) Malt Beverage & SD Farm Wine license and Retail (on-off sale) Wine and Cider license TRANSFER from Mai Goodsell DBA Saigon Restaurant, 221 E North Street
43. Wisdom Inc. DBA Country Inn & Suites by Radisson, 2321 N. LaCrosse Street for a Retail (on-off sale) Malt Beverage & SD Farm Wine license
44. Family Dollar Stores of South Dakota, LLC DBA Family Dollar #28320, 1445 Haines Avenue, for a Retail (on-off sale) Malt Beverage & SD Farm Wine license and a Retail (on-off sale) Wine and Cider license.
45. Poker Joe’s Inc. DBA Poker Joe’s, 211 Cambell Street for a retail (on-sale) liquor license TRANSFER from B&B Kelley LLC formerly DBA Historic Freight House (inactive) 306 7th Street
46. Brinker Restaurant Corporation DBA Chili’s Grill & Bar, 2125 Haines Avenue for a Retail (on-sale) Liquor license TRANSFER from ERJ Dining IV LLC DBA Chili’s Grill & Bar, 2125 N. Haines

Assessment Rolls (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 47 – 51
47. 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 July 15, 2019 Council meeting.)
Recommendation: Approve
48. No. 19VR003 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for David Ritter for a Vacation of Right-of-Way for property generally described as being located on Wood Avenue lying south of Knollwood Drive.
Recommendation: Continue to September 16, 2019 City Council meeting as this item was continued at Planning Commission to the August 22, 2019 PC meeting.
49. No. 19RZ022 - Second Reading, Ordinance 6342, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Dream Design International, Inc. for Eileen and Edward Eller for a Rezoning Request from General Agricultural District to Low Density Residential District for property generally described as being located west of the current terminus of W. Minnesota Street, east of Mt. Rushmore Road.
Recommendation: Approve
50. No. 19RZ023 - Second Reading, Ordinance 6343, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Brian Watland for Western Dakota Technical College for a Rezoning Request from Low Density Residential District to Public District for property generally described as being located east of Mickelson Drive, west of Valle Drive and north of Homestead Street.
Recommendation: Approve
51. No. 19RZ024 - Second Reading, Ordinance 6344, 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 east of Elk Vale Road.
Recommendation: Approve

BILLS
52. No. CC081919-01 – Bill List for August 19, 2019

ADJOURN

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