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PDF agenda 5/15/23
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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., Monday, May 15, 2023
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION (You are welcome to participate, but not required)
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
PRESENTATION
1. Informational Presentation on the Utility Rate Study – Kristen Hasse, Asst. Public Works Director
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 2 – 44
Open Public Comment – Items 2 – 36 (3-minute time limit per speaker)
Close Public Comment
CONSENT ITEMS – Items 2 – 36
Remove Items from the “Consent Items” and Vote on Remaining Consent Items
Approve Minutes
2. Approve Minutes for the
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May 1, 2023
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Regular Council meeting.
Vacations of Right-Of-Way Set for Hearing (Tuesday, June 20, 2023)
3. No. 23VR002 - A request by Schreier Engineering, Inc for Rob Huber for a Vacation of Right-of-Way for property generally described as being located at 1st Street between Quincy and the alley. (This item was continued to the May 25, 2023 Planning Commission Meeting.)
4. No. 23VR001 - A request by Longbranch Civil Engineering, Inc. for a Vacation of Right-of-Way for property generally described as being located east of Hennessy Drive
5. No. 23VR003 - A request by D.C. Scott Co. Land Surveyors, Inc for Hope Center for a Vacation of Right-of-Way for property generally described as being located at 630 East Boulevard North.
Tax Increment District Set for Hearing (Monday, June 5, 2023)
6. No. 23TI003 - A request by Indigo Design, LLC for a Resolution to Create Tax Increment Financing District and Resolution to Adopt a Project Plan for property generally described as being located south of East Omaha, west of Cambell Street.
Alcoholic Beverage License Applications Set for Hearing (Monday, June 5, 2023)
7. Good Dominion Tattoo Company LLC DBA Good Dominion Tattoo Company, for a new Retail (on-off sale) Malt Beverage and SD Farm Wine License at 5955 Mt. Rushmore Rd, Ste C
8. Linh Nguyen DBA Lovely Nails, 951 Eglin St, Ste 101 for a Retail (on-off sale) Malt Beverage License and for a Retail (on-off sale) Wine and Cider License TRANSFER from Mylash Lounge & Nails LLC DBA Mylash Lounge & Nails, 951 Eglin St, Suite 101
Public Works Committee Consent Items
9. PW050923-02: Authorize Staff To Advertise For Bid For The 143rd Avenue And Country Road Trunk Sewer Extension, Project No. 22-2694 / CIP 51220. Estimated Cost $7,800,000.
10. PW050923-03: Authorize Staff To Advertise For Bids To Provide One (1) Portable Water Pump, Project No. 22-2734 / CIP No. 51385, Estimated Cost: $500,000.
11. PW050923-04: Authorize Staff To Advertise For Bids For One (1) New Current Model Year 4x4 3/4T Pickup Truck For The Water Reclamation Division. Estimated Cost $50,000.
12. PW050923-05: Authorize Mayor And Finance Director To Sign Agreement Between The City Of Rapid City And Foth Infrastructure & Environment For Professional Services For Reservoir Road Pavement Rehabilitation And Manhole Repair, Project No. 22-2712 CIP No. 51356 In The Amount Of $140,160.00.
13. PW050923-06: Authorize Mayor And Finance Director To Sign Agreement Between The City Of Rapid City And Avid4 Engineering For Construction Professional Services For Sheridan Lake Road Reconstruction Utility, Wall & Sidewalk Breakout Project - Corral Drive To Catron Blvd Project No. 23-2736 / CIP No. 51122.1 In The Amount Of $235,090.00.
14. PW050923-07: Authorize Mayor And Finance Director To Sign The Joint Powers Agreement For Real Property Acquisition With The SDDOT For Mt Rushmore Rd & Promise Rd Intersection Utility Relocation Project, Project No. 23-2745 / CIP No. 51373.
15. PW050923-08: Authorize Mayor And Finance Director To Sign Infill Agreement Between The City Of Rapid City And Pete Lien & Sons, Inc. For The Construction Of A Public Water Main In A City Of Rapid City Utility Easement.
16. PW050923-09: Authorize Mayor And Finance Director To Sign Agreement With Leedy Ditch Association.
17. PW050923-10: Authorize Mayor And Finance Director To Sign An Electric Easement To Black Hills Power Inc. In Tract 1 of Shamrock Subdivision Located in the SW1/4 SW1/4 , Section 5 , T1N, R8E, B.H.M., Rapid City, Pennington County, South Dakota
18. PW050923-11: Approve Change Order #2 for Project No. 2689 / CIP No. Block 75 Parking Structure Maintenance with SECO Construction, Inc. for an increase of $67,037.00.
19. PW050923-12: Authorize Staff To Purchase An Easement Machine From Flexible Pipe Tool Company In The Amount Of $85,513.00. Pricing Is Through State Of Minnesota In Accordance With Contract #191958.
20. PW050923-13: Authorize Staff To Purchase A Volvo L150H Loader From Transource Truck And Equipment In The Amount Of $396,683.09, Which Includes $50,000.00 Trade Value For 2015 L150H Loader And $36,931.09 For A 6-Year/6000 Hour Service Agreement. Pricing Is Through Sourcewell In Accordance With Contract Volvo #032119-VCE.
21. PW050923-14: Request To Purchase (4) Four New Current Model Year 4X4 Crew Cab Pick-Up Trucks Utilizing The Bid Awarded With Liberty Superstores CC050123-04.2. Bid Award Amount Of $46,762.00 Each For A Total Of $187,168.00 Delivered With Options.
22. PW050923-15: Request Authorization To Seek Proposals For Engineering Services For Elk Vale Lift Station Equipment Improvements, Project No. 23-2755 / CIP No. 51394.
23. PW050923-16: Approve Request From J Strat Construction For A Variance To Waive The Requirement To Install Sidewalk Along Wesleyan Blvd Per City Ordinance 12.08.060.
24. PW050923-17: Approve Request Of A 90-Day Time Extension For Development Engineering Plan Application 23PL018 Per As Allowed Per 16.08.070.D Of The Rapid City Municipal Code.
25. PW050923-19: Authorize Mayor And Finance Director To Sign Professional Services Agreement With Wyss Associates For Project PR23-6190 Executive And Star Of The West Irrigation In The Amount Of $74,965
Legal and Finance Committee Consent Items
26. LF051023-01 – Confirm the New Appointment of Bob Conway to the Rapid City Regional Airport Board of Directors
27. LF051023-07 – Authorize Staff to Participate in the Federal Bulletproof Vest Partnership Program
28. LF051023-08 – Authorize the Police Department to Apply for and Accept the State Highway Safety Grant if Awarded in the Amount of $148,000.00
29. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Archie Booker (Library), Andrea Essick (Library), Rick Boeve (RSVP+), Karen Froelich (RSVP+), Amanda James (RSVP+), Kendra Westerbur (Police Department)
30. LF051023-03 – Approve Resolution 2023-023 a Resolution Levying Assessment for Abatement of Nuisances
31. LF051023-05 - Approve Resolution # 2023-041 a Resolution Declaring Property Surplus
32. LF051023-06 – Authorize Staff to Apply for and Accept if Awarded the Charging & Fueling Infrastructure Discretionary Grant in the Amount of Approximately $2,640,000.00
33. LF051023-02 – Approve Resolution No. 2023-042, a Resolution Establishing the Rapid City Archery Antlerless Deer License Program
34. LF051023-04 – Approve Youth City Council Annual Bylaws Revisions
Community Development Consent Items
35. 14TI001D - Approve Resolution No.2023-037 a Resolution to Dissolve Tax Increment District No.75 for property generally described as being located south of E. Saint Joseph Street between Myrtle Avenue and Maple Avenue
Bid Award Consent Items
36. CC051523-04.1 – Approve award of bid for a total of one-hundred eighty (180) duty weapons opened on May 9, 2023 from Kiesler Police Supply, Inc., in the total amount of $109,727.80.
END OF CONSENT ITEMS
NON-CONSENT ITEMS – Items 37-44
Open Public Comment – Items 37-44 (3-minute time limit per speaker)
Close Public Comment
Ordinances
37. LF042623-02 – Approve the Second Reading of Ordinance 6567 Regarding Supplemental Appropriation #2 for 2023.
Recommendation: Approve
38. LF051023-09 – Approve the First Reading of Ordinance No. 6573 an Ordinance Amending the Code to Remove Redundant Language or Sections, Fix Certain Typographical Errors, and Update Obsolete Language Regarding Persons with Disabilities.
Recommendation: Approve
39. No. 23RZ004 – Approve the First Reading of Ordinance 6568, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Indigo Design, LLC for DTH, LLC for a Rezoning request from Office Commercial District to Medium Density Residential District for property generally described as being located west of the terminus of Patricia Street
Recommendation: Approve
40. No. 23RZ005 – Approve First Reading, Ordinance 6569, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Interstate Engineering, Inc for Carey Kassube for a Rezoning request from No Use to Park Forest District for property generally described as being located 5900 West Highway 44.
Recommendation: Approve
Public Works Committee Items
41. PW050923-01: Authorize Staff To Advertise For Bid For The Southeast Area Trunk Sewer Reconstruction – Elm Avenue To St. Francis Street, Project No. 20-2571 / CIP 50829. Estimated Cost $7,100,000.
Recommendation: Approve 4-1 with Evans voting no
42. PW050923-18: Authorize Amendment To The General Conditions For Public Works Construction To Allow The Public Works Director To Approve Of Interim Change Orders That Decrease Cost, Do Not Affect Cost, Or Increase Cost No More Than The Limits Set In SDCL 5-18B-19.
**This item was heard at both Public Works Committee and Legal & Finance Committee**
Recommendation from PW Committee: Approve 4-1 with Evans voting no.
Recommendation from LF Committee: Send to Council without Recommendation 5-0
Legal and Finance Committee Items (NONE)
CIP Committee Items (NONE)
Community Development Items (NONE)
43. No. 23PL030 - A request by Indigo Design, LLC for DTH, LLC for a Preliminary Subdivision Plan for proposed Lots 1 thru 2, Lots 1 thru 7 of Block 2, Lots 1 thru 6 of Block 3, Lots 1 thru 4 of Block 4, Lots 1 thru 3 of Block 5 of Homestead Vista Subdivision, generally described as being located east of Timmons Boulevard and South of Homestead Street.
Recommendation: Approve with stipulations
Alcoholic Beverage License Renewals for 2023-2024
44.
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CC051523-02.1
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– Approve the attached list of 2023-2024 alcohol renewals per verification through Rapid City Police Department and Rapid City Fire Department.
Recommendation: Approve
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 45-51
Open Public Hearing (comment) - Items 45-51 (3-minute time limit per speaker)
[Public Hearing Remains Open]
Close Public Hearing (comment) - Items 45-51
CONSENT PUBLIC HEARING ITEMS – Items 45 – 48
Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items
Community Development Items (NONE)
Alcohol Licenses
45. Nancy Nguyen DBA The Nail Bar, for a new Retail (on-off sale) Wine and Cider License at 705 Mt. View Rd Suite F
46. MG Oil DBA Jokerz 1-90 #2, 1111 Endeavor Blvd, Suite 106B for a Retail (on-off sale) Malt Beverage License with video lottery (Inactive) TRANSFER from MG Oil DBA The Park 2B, 707 Mt View Rd Suite B12
47. MG Oil DBA Jokerz 1-90, 1111 Endeavor Blvd, Suite 106A for a Retail (on-off sale) Malt Beverage License with video lottery (Inactive) TRANSFER from MG Oil DBA 777Casino South A2, 2110 Jackson Blvd Suite A12
48. American Legion Post 22 for a SPECIAL EVENT (on-sale) Malt Beverage License for an event scheduled for June 30, 2023 to July 4, 2023 at 4900 Jackson Blvd, Baseball Field Parking Lot.
Assessment Rolls (NONE)
Other Items Requiring Public Hearings (NONE)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS – Items 49-51
49. No. 23TI001 - Approve Resolution 2023-032 - Resolution Creating Tax Increment District Boundary and Approve Resolution 2023-033 – Resolution to Adopt a Project Plan for property generally described as being located at the western terminus of County Road, west of the intersection of Brooke Street.
Recommendation: Continue to the Special Council Meeting on Monday, May 22, 2023 at 5:30 p.m.
50. No. 23TI002 - Approve Resolution 2023-034 a Resolution Creating Tax Increment Financing District and Approve Resolution 2023-035 a Resolution to Adopt a Project Plan for property generally described as being located north of Cloud Peak Drive and Targhee Drive.
Recommendation: Continue to the Special Council Meeting on Monday, May 22, 2023 at 5:30 p.m.
51. No. 23UR010 – Appeal of Planning Commission’s decision on a request by Jenny Jimenez for a Conditional Use Permit to allow a child care center for property generally described as being located at 3747 Sonora Drive.
Recommendation: Planning Commission recommended to approve the Conditional Use Permit.
BILLS
52. No. CC051523-01 – Bill List for May 15, 2023
ADJOURN