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2024 05 20 City Council Agenda

pdf PDF of 5/20/24 City Council Agenda (172 KB)

AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., May 20, 2024

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. National Public Works Week Proclamation

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 – 36

     Open Public Comment – Items 2 – 27
             Close Public Comment

CONSENT ITEMS – Items 2 – 27

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

Approve Minutes
2. Approve Minutes for the  pdf May 6, 2024 (402 KB) Regular Council meeting.

Alcoholic Beverage License Applications Set for Hearing (June 3, 2024)
3. Honest Restaurant Inc. DBA Gui Peony Buffet, 927 E North Street for a New Retail (on-off sale) Malt Beverage and SD Farm Wine License
4. JM Kingsbury Family Brewing Co. DBA Cohort Craft Brewery, 4905 5th “Street, Suite 103 for a New Retail (on-off sale) Malt Beverage & SD Farm Wine License
5. Naja Shrine for a SPECIAL EVENT (on -sale) Dealer License for an event scheduled for June 15, 2024 at 4091 Sturgis Road
6. Rushmore German Club for a SPECIAL EVENT (on-sale) Malt Beverage License for an event scheduled for August 15-24, 2024 at the Central States Fair, 800 San Francisco St
7. Michelle’s Tacos LLC DBA Michelle’s Tacos, 2050 W Main Street, Suite 7, for a New Retail (on-off sale) Malt Beverage & SD Farm Wine License and a New Retail (on-off sale) Wine and Cider License
8. Premium Restaurants LLC DBA Boss’s Pizza & Chicken I-90, 4040 Cheyenne Blvd Suite A, for a New Retail (on-off sale) Malt Beverage & SD Farm Wine License and a New Retail (on-off sale) Wine and Cider License
8A. Rapid City High School Baseball Inc for a SPECIAL EVENT (on-sale) Malt Beverage License for an event scheduled for June 14-16, 2024 at McKeague Field Parking Lot, 2819 Canyon Lake Drive

Public Works Committee Consent Items
9. PW051424-01: Authorize Mayor and Finance Director to Sign agreement between the City of Rapid City and HDR Engineering, Inc. for professional construction administration services for the Water Reclamation Facility South Plant Improvements – Phase 2, Project Number 20-2629.2/ CIP Number 51129.2. In the amount of $10,719,171.00
10. PW051424-02: Authorize Mayor and Finance Director to Sign Agreement between the City of Rapid City and the South Dakota Ellsworth Development Authority for Construction of City Water Infrastructure and Provision of Water Service
11. PW051424-03: Authorize Staff to Advertise Bids for 7th Street Mill and Overlay, Project No. 2822 / CIP No. 50549.24I. Estimated Cost $180,000.
12. PW051424-04: Authorize Staff to Advertise for Bids for the Street Rehabilitation - 2024 Chip Seal, Project No. 2812 / CIP 50549.24E. Estimated Cost: $265,000
13. PW051424-05: Authorize Staff to purchase two (2) 2024 Ford F150 SuperCab 4x4 from McKie Ford in the amount of $43,988.00 each matching pricing from State of South Dakota contract# 17619. Total purchase price is $87,976.00
14. PW051424-06: Authorize Staff to purchase residential garbage containers FOR THE Solid Waste Division from Rehrig Pacific Company in the amount of $41,435.60. Pricing from Omnia, Contract# 00254
15. PW051424-07: Approve Resolution No. 2024- 039, A Resolution Establishing a Policy for Allowing Discharge of a Sump Pump into the City's Sanitary Sewer System as Required by the Rapid City Municipal Code Section 13.16.190
16. PW051424-08: Approve Request from Westley Seibdrath, P.E. on behalf of owner Jeevan Meruga to waive requirement to install sidewalk along Century Rd. per City Ordinance 12.08.060
17. PW051424-10: Approve with Stipulations, A Request from Advanced Design Engineering & Surveying, Inc. for an Exception to allow more than 40 dwelling units with only 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
18. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Christine Swarbrick and Keito Yamashita (Library), and Lois Burghduff, Odessa Eddie, Bonnie Engebretson, Mary Goehner, Connie Hyde, Bretty Lessly, Barbara Little Bird, Pam Mattson, Roger Schiffner, and Nancy Wallin (RSVP+)
19. LF051524-03 – Approve Addendum to 2023 Audit Engagement Contract
20. LF051524-06 – Approve Resolution No. 2024-014, a Resolution Levying the Assessment for Abatement of Nuisances
21. LF051524-02 – Approve FY23 CDBG Consolidated Annual Performance & Evaluation Report (CAPER)
22. LF051524-04 – Approve the City of Rapid City’s CDBG Affordable Rent Standards
23. LF051524-08 – Authorize Mayor and Finance Director to Sign Second Amendment to the Agreement between the City of Rapid City and Local 1031, Council 65, American Federation of State, County, and Municipal Employees AFL-CIO for the period from January 1, 2023 through December 31, 2024 Amending Wage Ranges and Employee Placements and Applying the Same Retroactively
24. LF051524-05 – Authorize the Mayor and Finance Director to Sign Community Development Block Grant FY24 Application for Federal Assistance SF-424, SF-424D, and Certifications
25. LF051524-09 – Approve Resolution No. 2024-038, a Resolution Writing Off Uncollectable Ambulance Patient Accounts

Community Planning & Development Services Department Consent Items
26. LF051524-07 – Authorize Acceptance of the 2024-2025 Historic Preservation Commission Certified Local Government Grant Award and Receipt of Funds
27. 24TP023- Authorize Staff to Advertise the Request for Proposals for the Rapid City Safe Streets and Roads for All Safety Action Plan

Bid Award Consent Items (NONE)

END OF CONSENT ITEMS

NON-CONSENT ITEMS – Items 28 – 36
       Open Public Comment – Items 28 – 36
                Close Public Comment

Ordinances
28. LF041024-13 – Second Reading of Ordinance No. 6617, an Ordinance Updating the Process for Approving Expenditures from the City’s Capital Improvement and Vision Fund by Amending Section 3.16.090 of the Rapid City Municipal Code
Recommendation: Approve
29. LF050124-10 – Second Reading of Ordinance No. 6618, an Ordinance Regarding Supplemental Appropriation #3 for 2024
Recommendation: Approve

Public Works Committee Items
30. PW043024-25 - Approve Appeal and Grant Exception to 24EX023 From Paul Bradsky On Behalf of SKY Properties LLC, To Not Improve A Roadway Per Figure 2-1 Of The IDCM. (This item was continued from the May 6, 2024 City Council Meeting.)
Staff Recommendation: Deny
PW Recommendation: Approve Appeal and Grant Exception
31. PW051424-11: A Request from Advanced Design Engineering & Surveying, Inc. to waive the requirement to install sidewalk along Countryside Boulevard, Unnamed Street, Access Easement and Section Line Right-of-Way, per City Ordinance 16.16.050(A).
Recommendation (1): Approve Variance for Access Easement and Section Line
Recommendation (2): Send to Council without Recommendation, the requirement to install sidewalk along Countryside Blvd and Unnamed Street
32. PW051424-12: A Request from Development Engineering Consultants, LLC to waive the requirement to install sidewalk along Dyess Avenue per City Ordinance 12.08.060.
Recommendation: Approve with Stipulations. The vote was 3-1-1 with Pettigrew, Ham and Lehmann voting to approve; Roseland voting no and Roberts abstaining.
33. PW032624-13: Appeal of Partially Denied Exception 24EX013 From Jonathan Looper On Behalf of Amaris Group to Waive the Requirement to Install Water Main, Sewer Main, Storm Sewer, Pavement, Curb & Gutter and Street Light Conduit in N. La Crosse Street as Part of The Required Subdivision Improvements. (This item has been continued from March 26, April 9, and April 30 Public Works meetings, at the applicant’s request.)
Staff Recommendation: Deny
PW Committee Recommendation: Send to Council without Recommendation
34. PW051424-09: Authorize Rapid Transit System RapidRide Route Refresher allowing staff to update the current RapidRide routes to produce efficiencies and to address growth within the fixed-route system.
Recommendation: Approve

Legal & Finance Committee Items (NONE)

Community Planning & Development Services Department Items
35. No. 24PL028 - A request by Advanced Design Engineering and Surveying, Inc for S & N Homes, Inc. for a Preliminary Subdivision Plan for proposed Lot 1A thru Lot 1L and Lot 2A thru Lot 2F of Block 1 of Pine View Terrace No. 2 Subdivision generally described as being located at the intersection of Wonderland Drive and Park Drive.
Recommendation: Approve with stipulations

Alcoholic Beverage License Renewal Applications for 2024-2025
36.  pdf CC052024-02.1 (54 KB) – Approve the attached list of 2024-2025 Malt Beverage / SD Farm Wine renewals per verification and approval from 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 37 – 42
         Open Public Hearing (Comment)- Items 37 – 42
         [Public Hearing Remains Open]
         Close Public Hearing - Items 37 – 42

CONSENT PUBLIC HEARING ITEMS – Items 37 – 39
         Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

Community Planning & Development Services Department Items (NONE)

Alcohol Licenses
37. Rapid City High School Baseball Inc for a SPECIAL EVENT (on-sale) Malt Beverage License for an event scheduled for June 6-9, 2024 at McKeague Field Parking Lot, 2819 Canyon Lake Drive
38. JC’s Global Foods LLC DBA Tandoor Bocado, 514 St. Joseph Street for a New Retail (on-off sale) Malt Beverage and SD Farm Wine License and a New Retail (on-off sale) Wine and Cider License.

Assessment Rolls (NONE)

Other Items Requiring Public Hearings
39. LF051524-01 – Approve Resolution No. 2024-031, a Resolution to Enter into Tower Lease Agreement between City of Rapid City and Montana Dakota Utilities Co.

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 40 - 42
40. No. 24RZ007 – Second Reading, Ordinance 6614, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by FMG Engineering, Inc for Western Dakota Technical College for a Rezoning request from Public District to Medium Density Residential District for property generally described as being located north of E. Highway 44 between Mickelson Drive and Valley Drive.
Recommendation: Approve
41. No. 24RZ008 - Second Reading, Ordinance 6615, an Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, a request by FMG Engineering, Inc for Western Dakota Technical College for a Rezoning request from Low Density Residential District I to Public District for property generally described as being located north of E. Highway 44 between Mickelson Drive and Valley Drive.
Recommendation: Approve
42. 24OA003 – Second Reading and Recommendation of Ordinance No. 6616, a Request by City of Rapid City to Consider an Application for an Ordinance Amending Area Regulations in Sections 17.10.050, 17.12.050, 17.38.040, 17.44.050, 17.60.030, 17.62.030 and 17.64.030 of Rapid City Municipal Code
Recommendation: Approve

EXECUTIVE SESSION to consult with legal counsel regarding proposed or pending litigation and contractual matters

BILLS
43. No. CC052024-01 – Bill List for May 20, 2024

ADJOURN

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