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2023 08 07 City Council Agenda

pdf PDF Council Agenda (179 KB)

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., August 7, 2023

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. Sustainability Award – Rapid City Garden Club

PRESENTATION (NONE)

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 - 63

        Open Public Comment – Items 2 – 57
              Close Public Comment

CONSENT ITEMS – Items 2 – 57

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

Approve Minutes
2. Approve Minutes for the  pdf July 17, 2023 (120 KB) Regular Council meeting.

Alcoholic Beverage License Applications Set for Hearing (August 21, 2023)
3. MG Oil Company, DBA Jokerz 9 – 2, 903 E North St Suite A for a Retail (on-off sale) Malt Beverage and SD Farm Wine License with video lottery TRANSFER from Deanos Casino II, 903 E North St Suite A
4. MG Oil Company DBA Jokerz 9, 903 E North St, for a Retail (on-off sale) Malt Beverage and SD Farm Wine License with video lottery TRANSFER from Deanos Casino, 903 E North Street
5. Western Dakota Tech Foundation for a SPECIAL EVENT (on-sale) Malt Beverage License, an (On-Sale) Wine License and an (Off-Sale) Package Wine License for an event scheduled for October 26, 2023 at Western Dakota Tech, 800 Michelson Drive
6. West Boulevard Neighborhood Association for a SPECIAL EVENT (on-sale) Malt Beverage and SD Farm Wine License and an (on-sale) Wine License for an event scheduled for September 9, 2023 at the West Boulevard Neighborhood Association Block Party. (There is a map on file at the RC Finance Office for the parameters of the block party.)
7. Naja Shrine for four (4) SPECIAL EVENT (On-Sale) Liquor Licenses for events scheduled on September 23, 2023; October 21, 2023; November 18, 2023; and December 16, 2023 at 4091 Sturgis Road
8. City of Rapid City DBA Roosevelt Ice Arena for a new Municipal Retail (on-sale) Liquor License at 225 Waterloo Street; City of Rapid City DBA Meadowbrook Golf Course for a new Municipal Retail (on-sale) Liquor License at 2331 Arrowhead Drive (Rapid City Greenway Tract, Tract 4 & N27’ of VAC Flormann St); City of Rapid City DBA Executive Golf Course for a new Municipal Retail (on-sale) Liquor License at 1136 Executive Dr (Rapid City Greenway Tract, Tract 18B) and City of Rapid City DBA Rushmore Plaza Civic Center for a new Municipal Retail (on-sale) Liquor License at 444 N. Mt. Rushmore Rd

Public Works Committee Consent Items
9. PW080123-01: Authorize Staff to Advertise for Bids for Two (2) New Current Model Year 4x4 Crew Cab Pickup Trucks for the Public Works Department. Estimated Cost $90,000.
10. PW080123-02: Authorize Staff to Advertise for Bids for the Enchantment Road PRV CP and Repair Project No. 20-2590/CIP 51261. Cost: $100,000.
11. PW080123-03: Authorize Staff to Advertise for Bids for St. Charles Street Rehabilitation and Water Main Replacement Project No. 23-2670/ CIP No. 51406. Estimated Cost $300,000.
12. PW080123-04: Authorize Staff to Advertise for Bids for the Shepherd Hills Water Booster Pump Station, Project Number 21-2682/ CIP No. 51338. Cost: $4,000,000.
13. PW080123-05: Authorize Staff to Advertise for Bids for the ADA Improvements - 2023 Projects, Project No. 22-2729 / CIP 50761.23A. Cost: $205,000
14. PW080123-06: Authorize Staff to Advertise for Bids for 2023 Roadway Paving: East Saint Charles Street – Sedivy Lane to South Valley Drive, Project No. 23-2746 / CIP No. 50297 for $303,000.
15. PW080123-07: Approve Revised Change Order 3F for Project No. 19-2487 / CIP No. 51036 St. Cloud Street Reconstruction Project – 5th Street to Highland Court with R.C.S. Construction, Inc. for a decrease of $237,892.11.
16. PW080123-08: Approve Change Order 1 for Project No. 19-2529 / CIP No. 51250 Fire Department Training Facility with R.C.S. Construction, Inc. for an increase of $107,854.00.
17. PW080123-09: Approve Change Order 4 for Project No. 21-2574 / CIP No. 51305 Well 5 Pump Replacement & Electrical Improvements with Layne Christiansen Company for an increase of $105,455.00.
18. PW080123-10: Approve Revised Change Order 1F for Project No. 22-2709 / CIP No. 50445.22B 5th Street Panel Repair Parkview to Minnesota with Tru-Form Construction, Inc. For A Decrease of $112,369.86.
19. PW080123-11: Authorize Mayor and Finance Director to Sign an Infill Agreement Between The City Of Rapid City And Holiday Stationstores, LLC For The Construction Of Public Improvements In The East Fairmont Boulevard Right-Of-Way.
20. PW080123-12: Authorize Mayor and Finance Director to Sign Professional Services Agreement Between the City of Rapid City and Burns & McDonnell Engineering Company, Inc for Water Reclamation Facility South Plant Improvements Construction Package 2, Owner Risk Assessment, Project No. 2629.4 /CIP 51129.4, for an amount not to exceed $119,532.00.
21. PW080123-13: Authorize Mayor and Finance Director to Sign Agreement for Utility Relocation between the City of Rapid City and West River Electric Association, Inc for Utility Relocation related to Dyess Avenue Reconstruction - Seger Drive to City Limits, Project No. 20-2630 / CIP No. 51282. Estimated Cost $85,000.00.
22. PW080123-14: Authorize Mayor and Finance Director to Sign agreement between the City of Rapid City and HDR Engineering, Inc. for Professional Services for Miscellaneous Improvements Projects, Project Number: 23 - 2753 / CIP #51292 in the amount of $898,071.
23. PW080123-15: Authorize Mayor and Finance Director to Sign Professional Services Agreement Between the City of Rapid City and Foth Infrastructure and Environment, LLC, for Elk Vale Lift Station Equipment Improvements, Project No. 23-2755 / CIP No. 51394, for an amount not to exceed $342,108.00.
24. PW080123-16: Authorize Mayor and Finance Director to Sign Professional Services Agreement Between the City of Rapid City and Dakota Pump, Inc. for SCADA Professional Services – Solid Waste, Project No. 23-2749, CIP No. 51391, for an amount not to exceed $50,000.00.
25. PW080123-17: Authorize Mayor and Finance Director to Sign Professional Services Agreement Between the City of Rapid City and Dakota Pump, Inc. for SCADA Professional Services – Water, Project No. 23-2750, CIP No. 51392, for an amount not to exceed $75,000.00.
26. PW080123-18: Authorize Mayor and Finance Director to Sign Professional Services Agreement Between the City of Rapid City and Dakota Pump, Inc. for SCADA Professional Services – Water Reclamation, Project No. 23-2748, CIP No. 51390, for an amount not to exceed $75,000.00.
27. PW080123-19: Authorize Mayor and Finance Director to Sign the “State of South Dakota Joint Powers Maintenance and Encroachment Agreement between Department of Transportation and City of Rapid City”, for the San Marco Boulevard Bridge Replacement Project, Project No. 20-2581 / CIP No. 51194.
28. PW080123-20: Authorize Staff to Purchase Materials To Update Existing Traffic Signal Controllers At Thirty (30) Traffic Signals Throughout The City And Convert Five (5) Intersections To Accessible Pedestrian Signal (APS) Push Buttons. This Is A Sole Source Through Traffic Signal Control And Mobotrex Matching Contract Pricing For WyoDOT
29. PW080123-21: Request From Dakota Land Company, LLC for a variance to waive the requirement to install sidewalk along Highway 79 and Ambush Ranch Road, Ranch at Black Gap Subdivision, per City Ordinance 12.08.060.
30. PW080123-22: Approve Request From Jenneye & Wayne Sartorius for a variance to waive the requirement to install sidewalk along Timberline Trail and any access easements, per City Ordinance 12.08.060.
31. PW080123-23: Confirm the reappointment of Cole Anderson and Sheila Hoyer and appointment of Jason Luze to the Rapid City Area Air Quality Board.
32. PW080123-24: Confirm the reappointments of Steve Malone and James Stampe to the Building Board of Appeals.
33. PW080123-25: Confirm the reappointment of Carol Evan Saunders, Jenn Johnson and Emily Calhoun to the Historic Preservation Commission.
34. PW080123-26: Deny Request From KTM Design Solutions, Inc. to Appeal a Denied Exception Request to allow for sidewalk to be more than one foot from the right-of-way on Addison Avenue

Legal & Finance Committee Consent Items
35. LF080223-01 – Confirm the Appointments of Tiffany Smith and Wade Lampert to the Community Investment Committee
36. LF080223-03 – Confirm the Reappointment of Stacie Hull, Gavin Fawbush, and Logan Steffens to the Hotel BID Board
37. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: William Shroll (RSVP+)
38. LF080223-04 – Approve Resolution No. 2023-064 a Resolution Updating Petty Cash Funds and Change Funds
39. LF080223-05 – Approve Resolution No. 2023-067 a Resolution Cancelling Checks or Warrants Not Presented for Payment within One Year of Date of Issuance
40. LF080223-06 – Acknowledge May 2023 Sales Tax Reports
41. LF080223-09 – Acknowledge Report on Retail (on-off sale) Malt Beverage Licenses Eligible for Video Lottery
42. LF080223-13 – Approve Resolution No. 2023-071 a Resolution in Support of Scull Construction’s Application to the SD Housing Infrastructure Financing Program for their Reservoir Road Project
43. LF080223-17 – Authorize Staff to Submit an Application and Authorize Mayor to Sign Resolution No. 2023-072 a Resolution in Support of the City of Rapid City’s Application to the SD Housing Infrastructure Financing Program for the 143rd & Country Road Project
44. LF080223-18 – Authorize Staff to Submit an Application and Authorize Mayor to Sign Resolution No. 2023-073 a Resolution in Support of the City of Rapid City’s Application to the SD Housing Infrastructure Financing Program for the Sheridan Lake Road Project
45. LF080223-19 – Approve Resolution No. 2023-068 a Resolution in Support of Black Hills Works Application to the SD Housing Infrastructure Financing Program for Their Duplex Project on Oakland Street
46. LF080223-20 – Approve Resolution No. 2023-069 a Resolution in Support of Dream Design’s Application to the SD Housing Infrastructure Financing Program for Their Shepherd Hills Project on Valley Drive
47. LF080223-21 – Approve Resolution No. 2023-070 a Resolution in Support of Elmington Capital’s Application to the SD Housing Infrastructure Financing Program for the Camden Heights Project
48. LF080223-02 – Authorize Mayor and Finance Director to Sign Memorandum of Agreement Between City of Rapid City and International Association of Firefighters Local 1040 Concerning Mutual Mistake in Pay Matrixes in Parties’ Collective Bargaining Agreement from 2017-2022
49. LF080223-08 – Authorize Staff to Enter Agreement with PCC Ambulance Billing Service to Secure a Fee at a Rate of 5.75% of Net Collections
50. LF080223-11 – Approve Request to Apply and Accept if Granted, the 2023 JAG Grant in the Amount of $119,895 to Purchase Forensic Equipment and Digital Evidence Storage
51. LF080223-12 – Approve Request for Permission to Extend the Contract with Great Plains Tribal Leaders Health Board for Co-Response Services through August 21, 2025, or Until Grant Funding is Expended
52. LF080223-22 – Authorize Mayor and Finance Director to Sign Journey On Contract Amendments to Support Local At-Risk Youth through Safe Passage and High-Risk Intervention Programs using the Community Violence Intervention and Prevention Initiative Grant in the Amount of $972,450.00 Over a 3 Year Period
53. LF080223-16 – Approve Resolution No. 2023-066 a Resolution to Provide a Building Permit Fee Waiver Program for Qualifying Affordable Housing Projects
54. LF080223-14 – Authorize Mayor and Finance Director to Sign Developer Agreement for TID 89
55. LF080223-15 – Authorize Mayor and Finance Director to Sign Assignment Agreement for Tax Increment Financing District Number Eighty-Nine

CIP Committee Consent Items (NONE)
Community Planning & Development Services Department Consent Items (NONE)

Bid Award Consent Items
56. CC071723-04.2 - Reject bid and rebid at a later date for Project No. 22-2734 / CIP No. 51385 of One (1) Trailer Mounted Portable Booster Pump and One (1) Trailer Mounted Hose Reel Project No. 22-2734 / CIP No 51385 opened on July 11, 2023. (This item was continued from the July 17, 2023 City Council Meeting.)
57. CC080723-04.1 – Award bid total for Ice Sanding Material for Streets Division to Western Construction, Inc. opened on August 1, 2023, in the amount of $264,250.00. Project No. 2023-09.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 58 – 63
         Open Public Comment – Items 58 – 63
                Close Public Comment

Ordinances
58. LF071223-10 – Second Reading of Ordinance No. 6577 an Ordinance to Require a Majority Vote for Election to the Offices of Mayor and Alderman by Adding Section 1.16.030 to Chapter 1.16 of the Rapid City Municipal Code.
Recommendation: Approve
59. LF080223-07 – First Reading of Ordinance No. 6579 an Ordinance Regarding Supplemental Appropriation #3 for 2023.
Recommendation: Approve
60. No. 23RZ010 – First Reading, Ordinance 6578, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Longbranch Civil Engineering, Inc for S.K.Y. Properties LLC for a Rezoning request from General Agricultural District to Low Density Residential District for property generally described as being located east of Mount Rushmore Road.
Recommendation: Approve

Public Works Committee Items (NONE)

Legal & Finance Committee Items
61. LF080223-24 – Provide Direction to Staff Regarding a Request from the South Dakota Stockgrowers Association (SDSGA) to be provided a Non-Revocable, No-Build Easement on the Adjoining City Property along with an Easement to Protect the Stairwell that Currently Provides Access to the Basement of its Building at 426 Saint Joseph Street
Recommendation: Send to Council without Recommendation
62. LF080223-25 – Authorize Mayor and Finance Officer to Sign Real Estate Transfer Agreement Between the City of Rapid City, Elevate Rapid City, and 11 Main LLC for the Property Generally Located at 416 Saint Joseph Street
Recommendation: Send to Council without Recommendation

Community Planning & Development Services Department Items
63. No. 23PL046 - A request by Towey Design Group, Inc for Wolfpack Holdings LLC for a Preliminary Subdivision Plan for Lot B and Lot C of the SE1/4SE1/4, generally described as being located northwest of the intersection of SD Highway 44 and Airport Road.
Recommendation: Approve with stipulations

CIP Committee Items (NONE)
Other Board, Commission & Committee Items (NONE)
Bids (NONE)
Alcoholic Beverage License Applications (NONE)
        Reissuance
        Special Event
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 64 – 66
            Open Public Hearing (Comment)- Items 64 - 66
            [Public Hearing Remains Open]
           Close Public Hearing - Items 64 – 66

CONSENT PUBLIC HEARING ITEMS – Item 64 - 66
            Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

Community Planning & Development Services Department Items (NONE)

Alcohol Licenses
64. Hotel Alex Johnson for a SPECIAL EVENT (On-Sale) Malt Beverage License and a (On-sale) Wine License for an event scheduled for August 17, 2023 at Omni Tech, 11 Main Street
65. Contraband LLC DBA Contraband LLC, 801 Deadwood Ave for a Retail (on-off sale) Malt Beverage and SD Farm Wine License TRANSFER from Contraband LLC, DBA Contraband LLC, 601 Kansas City St Ste 6

Assessment Rolls
66. LF080223-10 – Approve Resolution No. 2023-060B a Resolution Levying Assessment for Downtown Business Improvement District 2023

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 any public officer or employee or prospective public officer or employee and to consult with legal counsel about proposed or pending litigation and contractual matters pursuant to SDCL 1-25-2 sub-sections 1 and 3.

BILLS
67. No. CC080723-01 – Bill List for August 7, 2023

ADJOURN

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