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2022 11 21 City Council Agenda

  pdf PDF of 11/21/22 City Council Agenda (253 KB)


City of Rapid City, South Dakota
6:30 P.M., Monday, November 21, 2022


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




1. Annual Report presented by the Sustainability Committee

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.


   Open Public Comment – Items 2 – 34 (3-minute time limit per speaker)
            Close Public Comment

CONSENT ITEMS – Items 2 – 34

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

Approve Minutes
2. Approve Minutes for the  pdf November 7, 2022 (101 KB) Regular Council meeting.

Vacations of Right-Of-Way Set for Hearing (December 19, 2022)
3. No. 22VR006 - A request by ACES for Big D Oil Co for a Vacation of Right-of-Way for property generally described as being located between Vale Street and St. Onge Street.

Alcoholic Beverage License Applications Set for Hearing (December 5, 2022) – (NONE)

Public Works Committee Consent Items
4. PW111522-01: Authorize Staff To Advertise Public Hearing For A State Revolving Fund (SRF) Application Pertaining To Landfill Cell Construction, Landfill Gas Collection And Control System (GCCS) Expansion, And Flare Replacement Project On Or Before November 25, 2022 And Conduct Hearing At The December 5, 2022 City Council Meeting.
5. PW111522-02: Approve Resolution 2022-085 A Resolution Writing Off Uncollectable Utility Billing Accounts
6. PW111522-03: Approve Resolution 2022-086 A Resolution Writing Off Credit Balance Utility Billing Accounts
7. PW111522-04: Authorize Mayor and Interim Finance Director to Sign Agreement Between the City of Rapid City and Watershed Development II, LLC. Regarding a Municipal Sanitary Sewer Lift Station in Future Highpointe Ranch North Subdivision.
8. PW111522-05: Approve Change Order #4 to Mainline Contracting, Inc. for Elk Vale Lift Station Gravity Main & Force Main Upgrades, Project# 2480, CIP# 50729, for an increase of $105,880.00.
9. PW111522-06: Approve Change Order #1F to Heavy Constructors, Inc. for E Main Street N Bridge Repair, Project# 2525, CIP# 51247, for a decrease of $25,042.48.
10. PW111522-07: Approve Change Order #1 to PKG Contracting, Inc. for Miscellaneous Improvements Projects, Facility Type and Fencing Improvements, Project# 2608, CIP# 51132.4, for an increase of $24,813.00.
11. PW111522-08: Approve Change Order #1F to Dakota Barricade LLC for 2022 Lane Line Painting, Project# 2695, CIP# 50594, for a decrease of $2,491.34.
12. PW111522-09: Authorize Mayor and Interim Finance Director to sign professional service agreement between the City of Rapid City and HDR Engineering for 2022 Water and Water Reclamation Utility Rate Study Project 2687/CIP 51342 for an amount not to exceed $274,655.00
13. PW111522-10: Authorize Mayor And Interim Finance Director To Agreement Between The City Of Rapid City And The State Of South Dakota Department Of Transportation For Cost Share And Eligible Reimbursement Of Project Costs For Rehabilitation Of Rapid City, Pierre, & Eastern Railroad At Grade Crossing On 5th Street. The Estimated Ten Percent (10%) City Match Is $91,662.58 Minus Estimated Eligible Project Cost Of $77,419.68
14. PW111522-11: Authorize Staff to Advertise for Bids for One (1) New Current Model Year 3/4 Ton 4x4 Pickup Truck for Water Division. Estimated Cost $50,000.
15. PW111522-12: Approve purchase of residential garbage and recycling containers from OMNIA Partners with vendor Rehrig Pacific Company for a total cost of $92,392.90.
16. PW111522-13: Authorize Staff to Accept and Sign Quote 63550 in the amount of $18,874.00 with Emergent for Samsara AVL services using OMNIA Partners Contract # R220803
17. PW111522-14: Approve Adoption of the Rapid Transit System (RTS) Procurement Policy update.
18. PW111522-15: Acknowledge Presentation by IMS on Pavement Condition Index

Legal and Finance Committee Consent Items
19. LF111622-09 – Authorize Mayor and Interim Finance Director to Sign No Cost Amendment to Gallagher Master Agreement for Non-Union Wage Study
20. LF111622-10 – Authorize Mayor and Interim Finance Director to Sign Axon Master Services and Purchasing Agreement 2022 and the Axon Standard Terms and Conditions 2022
21. LF111622-11 – Authorize the IT Department to Renew the KnowBe4 Training and Phishing Services for FY2023 in the Amount of $29,160.00
22. Acknowledge the Following Volunteers for Worker’s Compensation Purposes: Carol Bailey (Library), Claire Hery (Library), James Eykamp (RSVP+), Jill Henderson (RSVP+), Glenda Nielson (RSVP+), Ronda Rosane (RSVP+), Sue Sharpe (RSVP+), Nancy Tipton (RSVP+), Jada Udager (RSVP+)
23. LF111622-04 – Acknowledge August 2022 Sales Tax Report
24. LF111622-05 – Approve Resolution No. 2022-079 a Resolution Declaring Miscellaneous Personal Property Surplus to be Discarded/Recycled
25. LF111622-06 – Acknowledge September 2022 General Fund Cash Balance Report
26. LF111622-07 – Approve Resolution No. 2022-080 a Resolution Levying Assessment for Abatement of Nuisances
27. LF111622-08 – Approve Resolution No. 2022-083 a Resolution Amending Certain Fees to be Charged in 2023 for Various Licenses, Permits and Applications
28. LF111622-12 – Confirm the Appointment of Barry Tice to the HRC/MOA Commission

CIP Committee Consent Items (NONE)

Community Development Consent Items
29. 22TP026 – Approve the 2023 Unified Planning Work Program – Final Report
30. LF111622-02 – Approve the FY23 Community Development Block Grant (CDBG) Preliminary Funding Recommendations
31. LF111622-01 – Authorize Mayor and Interim Finance Director to Sign Assignment Agreement for Tax Increment Financing District Number Eighty-six between Black Hills Industrial Center, LLC, BankWest, Inc., and the City of Rapid City

Bid Award Consent Items
32. CC091922-04.1 – Approve award of base bid for RC City Hall Phase 2 Renovation, Project No. 19-2675 / CIP No. 51225 opened on October 31, 2022 to the lowest responsible bidder, MAC Construction Co., Inc. in the amount of $844,000.00 (this item was recommended for negotiating a contract in accordance with SDCL 5-18A-5(9) at the September 19, 2022 City Council Meeting because no bids were received).
33. CC112122-04.1 – Approve award of total bid for E. Anamosa Street – Street and Storm Sewer Repairs, Project No. 21-2639 / CIP No. 51153 opened on November 15, 2022 to the lowest responsible bidder, Precision Grading, LLC in the amount of $551,788.00.
34. CC112122-04.2 - Approve award of total bid for Pavement Rehabilitation Project – Red Rock Canyon Rd. & Idlewild Ct., Project No. 22-2698 / CIP No. 50549.22D opened on November 15, 2022 to the lowest responsible bidder, Dakota Asphalt, LLC in the amount of $539,126.00.


NON-CONSENT ITEMS – Items 35 – 37A

Open Public Comment – Items 35 – 37A (3-minute time limit per speaker)
      Close Public Comment

35. LF110222-06 – Second Reading of Ordinance No. 6553, an Ordinance Amending the Code to Prohibit Alcohol Sales in Medical Cannabis Establishments and to Allow Flexibility on the Commencement of Operations for Medical Cannabis Establishments.
Recommendation: Approve

Public Works Committee Items (NONE)
Legal and Finance Committee Items (NONE)
CIP Committee Items (NONE)

Community Development Items
36. LF111622-03 – Approve Request by Jacob Franz for a determination by the City Council that there are no feasible and prudent alternatives to the proposed project in a historic district located at 1021 Kansas City Street, and that the proposal contains all possible planning to minimize harm to the historic property pursuant to SDCL1-19A-11.1 and RCMC 17.54.080
Recommendation: Approve

Other Board, Commission & Committee Items (NONE)
Bid Awards (NONE)

Alcoholic Beverage License 2023 Renewal Applications
37. Approve the following list of pdf 2023 Alcohol Beverage License Renewals (69 KB) , which have been vetted and approved by the Rapid City Police Department and the Rapid City Fire Department.

Mayor’s Items (NONE)
Council Items & Liaison Reports (NONE)
       Reconsideration Notices
       Motion for Delivery of Items from Committee
Staff Items
37A.   pdf CC112122-02 (627 KB) - Authorize Staff to Advertise for Bids for Two (2) Dodge Durangos and Three (3) used vehicles for Police Department. Estimated Cost $188,448
Recommendation: Approve

Appeals (NONE)
       Planning Commission Appeals
       License Appeals
       Sign Code Appeals
       Other Appeals Heard by the Council

        Open Public Hearing (comment) - Items 38 – 42 (3-minute time limit per speaker)
        [Public Hearing Remains Open]

        Close Public Hearing (comment) - Items 38 – 42


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

Community Development Items (NONE)

Alcohol Licenses
38. Bar K-9 LLC for a SPECIAL EVENT (on-sale) Malt Beverage License for an event scheduled for December 9 and 10, 2022 at Rushmore Mall (near Herberger’s Wing) 2200 N Maple Ave
39. Moyle Petroleum Company DBA Omaha Street Common Cents #104 for a new Package (off-sale) Liquor License at 1129 W. Omaha Street
40. Moyle Petroleum Company DBA Omaha Street Common Cents #108 for a new Package (off-sale) Liquor License at 2660 Mt. Rushmore Road
41. Justin Henrichson DBA Windsor Block Bar (Inactive), 627 St Joseph Street for a Retail (on-sale) Liquor License TRANSFER from The Bestro, LLC DBA The Bestro, 333 Omaha St, Ste 4

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


42. No. 22TI003 – Approve Resolution 2022-081, a request by Indigo Design, LLC for Youth Soccer Infrastructure, LLC to Create Tax Increment Financing District and approve Resolution 2022-082 to Adopt a Project Plan for property generally described as being located north of Seger Drive, south of Country Road, west of N. Elk Vale Road and east of Dyess Avenue.
Recommendation: Approve

43. No. CC112122-01 – Bill List for November 21, 2022


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