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2023 09 18 City Council Agenda

  pdf 9/18/23 PDF City Council Agenda (162 KB)

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., September 18, 2023

ROLL CALL AND DETERMINATION OF QUORUM

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

PLEDGE OF ALLEGIANCE

ADOPTION OF AGENDA

PROCLAMATION:
1. Constitution Week – Mayor Salamun

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 – 27

         Open Public Comment – Items 2 – 22
                  Close Public Comment

CONSENT ITEMS – Items 2 – 22

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

Approve Minutes
2. Approve Minutes for the  pdf September 5, 2023 (153 KB) Regular Council meeting.
2A. Approve Minutes for the  pdf September 5, 2023 (77 KB) Special Council meeting.

Alcoholic Beverage License Applications Set for Hearing (October 2, 2023) (NONE)

Public Works Committee Consent Items
3. PW091223-01: Authorize Staff to Advertise for Bids for Well 6 Rehabilitation, Project No. 23-2777 / CIP No. 51413. Estimated Cost $400,000.
4. PW091223-02: Authorize Staff to Advertise for Bids for Sheridan Lake Road Reconstruction Corral Drive to Catron Boulevard. Project No. 23-2737 / CIP No. 51122.2. Estimated Cost $19,000,000.00.
5. PW091223-03: Authorize Staff to Advertise for Bids for One (1) Current Model Year 1 Ton 4x4 Pickup Truck for Water Division. Estimated Cost $65,000.
6. PW091223-04: Approve Change Order 2F for Project No. 19-2488 / CIP No. 51212 Omaha and Lacrosse Street Intersection Utility Upgrades with Ti-Zack Concrete, Inc. for a decrease of $84,275.33.
7. PW091223-05: Approve Change Order 1 for Project No. 21-2670 / CIP No. 51170 Signal Drive and Kellogg Place Street and Utility Reconstruction with Simon Contractors of SD, Inc. for an increase of $8,336.76.
8. PW091223-06: Authorize Mayor and Finance Director to Sign Agreement between the City of Rapid City and FMG Engineering, Inc., for professional services for the Utility Maintenance Professional Services Agreement for Service Line and Locates Transition to GIS, Project Number 23-2762/ CIP Number 51357. In the amount of $425,515.00
9. PW091223-07: Authorize Mayor and Finance Director to Sign an Agreement for Professional Services between the City of Rapid and FMG Engineering, Inc. for Water System Survey Project 1, Project No. 23-2767, CIP No. 51407 in the amount of $231,600.00.
10. PW091223-08: Authorize Mayor and Finance Director to Sign 2024-2026 Title VI Program Plan as Required by FTA To Receive Federal Transit Grant Funds
11. PW091223-09: Authorize Staff to Seek Proposals for Engineering Services for Water Treatment Process Evaluation, Project No. 23-2776 / CIP No. 51291.
12. PW091223-10: Approve Request From Renner for John Neumann for a variance to waive the requirement to install sidewalk along 2150 Skyline Ranch Rd., Rapid City, per City Ordinance 12.08.060.
13. PW091223-11: Approve Request From KTM for Charles and Loretta Hammerquist and South Six Properties, LLC for a variance to waive the requirement to install sidewalk along 501 & 583 Valley Drive, Rapid City, per City Ordinance 16.16.050.

Legal & Finance Committee Consent Items
14. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Linda Abbott (Library)
15. LF091323-07 – Approve Audit Report of City of Rapid City – 2022 Financial and Compliance Report
16. LF091323-08 – Approve to Set a Special Council Meeting for Tuesday, December 26, 2023 at 12:00 PM to Handle Final End of Year Business
17. LF091323-01 – Approve Purchase of a New Model Year Ford Expedition Using State Bid Contract #17619 in the Amount of $55,416
18. LF091323-02 – Approve Purchase of a New Model Year Ford F350 Using State Bid Contract #17619 in the Amount of $67,976
19. LF091323-04 – Approve Resolution No. 2023-079 a Resolution Declaring Property Surplus
20. LF091323-03 – Approve Joint Powers Agreement between the State of South Dakota Office of Attorney General Division of Criminal Investigation, The County of Pennington, the Pennington County Sheriff’s Office and the City of Rapid City

Community Planning & Development Services Department Consent Items (NONE)

Bid Award Consent Items
21. No. CC091823-02.1 – Approve award of total bid for Grade and Pave Bunker Drive, Project No. 23-2774 / CIP No. 51411 opened on September 12, 2023 to the lowest responsible bidder, Dakota Asphalt, Inc. in the amount of $148,820.00.
22. No. CC091823-02.2 - Approve award for bid for one (1) current model year 1-1/2 ton 4x4 diesel truck in the amount of $64,551.00 to Denny Menholt Chevrolet.

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 23 - 27
      Open Public Comment – Items 23 – 27
            Close Public Comment

Ordinances
23. LF083023-08 – Second Reading of Ordinance No. 6589 an Ordinance to Amend Section 9.28.050 of the Rapid City Municipal Code Relating to Discharging Firearms.
Recommendation: Approve 4-1 with Evans voting no
24. LF083023-07 – Second Reading of Ordinance No. 6588 an Ordinance to Repeal Rapid City Municipal Code Section 9.12.120 School Grounds-Prohibited Acts.
Recommendation: Approve 4-1 with Evans voting no

Public Works Committee Items
25. PW091223-12: Request From Jim Semmler on behalf of Dustin Coleman for a variance to waive the requirement to install sidewalk along Jet Drive and Concourse Drive, per City Ordinance 12.08.060. Staff Recommendation was to deny.
Recommendation: Approve the variance 4-1 with Pettigrew voting no.

Legal & Finance Committee Items
26.  pdf CC090523-03 (144 KB) – Second Reading, Ordinance 6580, regarding FY2024 Appropriation Ordinance.
Recommendation: Approve

Community Planning & Development Services Department Items
27. LF091323-05 – Authorize Staff to Advertise a Request for Proposals (RFP) to Conduct a Downtown Parking Study and Strategic Plan Update. Staff recommendation was to approve.
Recommendation: Send to Council without Recommendation. Motion carried 5-0

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 28 – 39
      Open Public Hearing (Comment)- Items 28 – 39
      [Public Hearing Remains Open]
     Close Public Hearing - Items 28 - 39

CONSENT PUBLIC HEARING ITEMS – Items 28 - 33
      Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

Community Planning & Development Services Department Items (NONE)

Alcohol Licenses
28. Main Street Square for a SPECIAL EVENT (On-Sale) Liquor License for an event scheduled for September 30, 2023 at Main Street Square, 512 Main Street
29. Black Hills Works Foundation for a SPECIAL EVENT (Off-Sale) Package Wine License for an event scheduled for October 13, 2023 at The Monument, 444 Mt. Rushmore Road
30. Survivors of the Battle of Khe Sanh Vietnam War for a SPECIAL EVENT (On-Sale) Liquor License for an event scheduled for October 8 to October 14, 2023 at Best Western Ramkota Hotel at 2111 N Lacrosse Street
31. MG Oil Company DBA Jokerz I-90 – 3, 1111 Endeavor Blvd Ste 3, for a Retail (On-off sale) Malt Beverage & SD Farm Wine License with video lottery TRANSFER from MG Oil Company DBA Happy Jacks I-90, 4036 Cheyenne Blvd
32. Kelly’s Sports Lounge Inc. DBA Kelly’s Sports Lounge (Jeremy Ofstad) 825 Jackson Blvd for a Retail (on-sale) Liquor License TRANSFER from Kelly’s Sports Lounge Inc. DBA Kelly’s Sports Lounge (Kelly Cotton), 825 Jackson Blvd
33. NNN, LLC DBA The Nail Bar, 705 Mt. View Rd Ste F for a Retail (on-off sale) Wine and Cider License TRANSFER and a Retail (on-off sale) Malt Beverage & SD Farm Wine License TRANSFER from Nancy Nguyen, DBA The Nail Bar, 705 Mt. View Rd Ste F

Assessment Rolls (NONE)
Other Items Requiring Public Hearings (NONE)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 34 - 39
34. No. 23RZ011 – Second Reading, Ordinance 6581, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by KTM Design Solutions, Inc for Millstone LLC for a Rezone request from Light Industrial District to General Commercial District for property generally described as being located at 1002 W. Main Street.
Recommendation: Approve
35. No. 23RZ012 - Second Reading, Ordinance 6582, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code A request by Longbranch Civil Engineering, Inc for ZCO Incorporated for a Rezoning request from General Commercial District to Light Industrial District for property generally described at being located at 2214 Marlin Drive.
Recommendation: Approve
36. No. 23RZ013 - Second Reading, Ordinance 6583, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by FMG Engineering for The Evangelical Lutheran Good Samaritan Society for a Rezoning request from General Agricultural District to Medium Density Residential District for property generally described as being located West of City Springs Road.
Recommendation: Approve
37. No. 23RZ014 - Second Reading, Ordinance 6584, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Donovan Broberg of ARC International for a Rezoning request from General Agricultural District to General Commercial District for property generally described as being located at 1840 Fountain Plaza Drive.
Recommendation: Approve
38. No. 23RZ015 - Second Reading, Ordinance 6585, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by Donovan Broberg of ARC International for a Rezoning request from Light Industrial District to General Commercial District for property generally described as being located at 1840 Fountain Plaza Drive.
Recommendation: Approve
39. 23OA002 – Second Reading Ordinance No. 6586 an Ordinance to Amendment to Create Regulations for Indoor Shooting Ranges by Amending Chapter 17 of Rapid City Municipal Code.
Recommendation: Approve 4-1 with Evans voting no

EXECUTIVE SESSION - To consult with legal counsel regarding proposed litigation and contractual matters pursuant to SDCL 1-25-2(3). Formal action by council is not anticipated.

BILLS
40. No. CC091823-01 – Bill List for September 18, 2023

ADJOURN

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