LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota April 16, 2003

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1 Rapid City, South Dakota A Legal and Finance Committee meeting was held at the City/School Administration Center in Rapid City, South Dakota, on Wednesday,, at 1:15 p.m. The following Alderpersons were present: Alan Hanks, Sam Kooiker, Bill Waugh, Ray Hadley, Martha Rodriguez, Rick Kriebel, and Ron Kroeger. Absent: Tom Murphy, Tom Johnson, and Mel Dreyer. Hanks moved to go into executive session to discuss pending litigation. Second by Waugh. Motion carried with Kooiker voting no. Place item on Consent Calendar Rodriguez moved to come out of executive session. Second by Hanks. Motion carried. Place item on Consent Calendar POLICE DEPARTMENT LF Waugh moved to Approve Travel Request for Command Staff Meeting April 24-25, 2003, in Deadwood, SD. Second by Hanks. Motion carried. Place item on Consent Calendar LF Kroeger moved to Authorize Mayor and Finance Officer to sign Memorandum of Understanding Extended Test Period for Modified Work Schedule. Second by Hanks. Motion FIRE DEPARTMENT Rodriguez moved to Authorize Mayor and Finance Officer to sign Paramedic Intercept Contracts with Bennett County and Philip, SD. Second by Waugh. Motion carried. Place item on Consent Calendar ITEMS FROM PLANNING LF East Anamosa - Airport Annexation. Marcia Elkins told the Committee that the County Commission did not approve the annexation of the unplatted land. There is only one smaller piece that is platted that could be platted. She said we could complete the annexation of that small piece or this matter could be tabled for the time being. We could also wait for 30 days and contact the other landowners to see if they would be willing to sign a voluntary petition. Jeff Slather told the Committee that he is not opposed to annexation; however, he would feel better about it if it was not a forced annexation. He asked if the Council continues with the annexation plan that it be voluntary and that the Planning Commission and the Council be more proactive in informing and discussing with the landowners the reasons and benefits for annexation. Kroeger moved to Table this item. Second by Rodriguez. Motion was ruled out of order. Rodriguez moved to Continue discussion on this item to the May 14, 2003, Legal and Finance Committee meeting. Second

2 Page 2 by Kriebel. Elkins said the County Commission felt that the City and City Council members had represented to them that they would withdraw the entire annexation if the County supported the legislation that went to Pierre and was eventually approved. A substitute motion was made by Kroeger and seconded to table this item. A vote was taken with Waugh, Hadley, Kroeger, and Hanks voting yes and Kooiker, Kriebel, and Rodriguez voting no. 03TI003 - Century "21" Subdivision Hanks moved to Approve request by Charles Barker for A/R Group to consider an application for a Resolution Creating Tax Increment District #39 on Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 of Lot 3 & Lot H3 of Lot 3 all of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H7 of the S1/2NW1/4 located south and east of the highway excepting therefrom Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H8 and the balance of Lot H5 all located in the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Tract A of the SE1/4NW1/4 and SW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 of the NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot Z showing a tract of land to be abandoned in a portion of Lot H3 in the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 in the N1/2NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road, north and west of E. North Street and south of the railroad right-of-way and I- 90 Exit 60. Second by Waugh. Motion 03TI004 - Century "21" Subdivision - Kroeger moved to Approve request by Charles Barker for A/R Group to consider an application for a Tax Increment District #39 - Project Plan on Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 of Lot 3 & Lot H3 of Lot 3 all of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H7 of the S1/2NW1/4 located south and east of the highway excepting therefrom Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H8 and the balance of Lot H5 all located in the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Tract A of the SE1/4NW1/4 and SW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County,

3 Page 3 South Dakota; and, Lot H1 and Lot H2 of the NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot Z showing a tract of land to be abandoned in a portion of Lot H3 in the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 in the N1/2NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road, north and west of E. North Street and south of the railroad right-of-way and I- 90 Exit 60. Second by Hanks. Motion LF Waugh moved to Continue Dedication of an Existing Easement for Public Access and Utilities as a Public Right-of-Way - Lot 2 of Tract C of Regional Hospital Addition to the April 30, 2003, Legal and Finance Committee meeting. Second by Rodriguez. Motion carried. LF Waugh moved to Continue Dedication of an Existing Easement for Public Access and Utilities as a Public Right-of-Way - Lot 1 of Tract G of Regional Hospital Addition to the April 30, 2003, Legal and Finance Committee meeting. Second by Rodriguez. Motion carried. Waugh moved to Approve procedure of sending future Waivers of Right to Protest directly to the Council agenda without going through Committee first. Second by Rodriguez. Motion LF Hanks moved to Authorize Mayor and Finance Office to sign a Waiver of Right to Protest a Future Assessment for Street Improvements. Second by Rodriguez. Motion LF Hanks moved to Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements Moon Ridge Subdivision. Second by Rodriguez. Motion LF Hanks moved to Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements Canyon Lake Heights Subdivision. Second by Rodriguez. Motion LF Hanks moved to Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements Big Sky Subdivision. Second by Rodriguez. Motion LF Hanks moved to Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements Springbrook Acres Addition. Second by Rodriguez. Motion

4 Page 4 LF Hanks moved to Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements Forest Park Estates Subdivision. Second by Rodriguez. Motion ITEMS FROM FINANCE LF Rodriguez moved to Allocate up to $10,000 from the 2003 CIP Contingency Fund for partial funding to replace the air conditioning unit at the Rapid City Public Library. Second by Waugh. Motion Rodriguez moved to Authorize Finance Office to establish a separate bank account to hold Educational and Governmental (EG) Funds. Second by Waugh. Motion carried. Place item on Consent Calendar Rodriguez moved to Approve transfer of $10,000 from Council Contingency to the EG Account. Second by Waugh. Motion LF Rodriguez moved to Authorize Finance Office to request $5,000 from TCI Cable Vision for the EG Account as per Ordinance No Second by Waugh. Motion LF Rodriguez moved to Authorize Finance Officer to request $5,000 from Black Hills FiberCom for the EG Account as per Ordinance No Second by Waugh. Motion LF Rodriguez moved to Authorize expenditure of $800 from EG Account for two new VCR s and two interface units and transfer units to support the Government Access Cable Television. Second by. Motion LF Waugh moved to Recommend award restaurant lease for City Golf Courses to Dick and Waneta Ragels. Second by Rodriguez. Motion carried. Place item on Consent Calendar ITEMS FROM PUBLIC WORKS Hanks moved to Take Adoption of the 2002 Electrical Code with Amendments to Council without recommendation. Second by Rodriguez. Motion carried. Waugh moved to Approve Amended Fee Schedule for Building, Plumbing and Mechanical Code. Second by Kroeger. Motion Kroeger moved to Approve all future waivers, negotiations and reductions in impact fees being approved by the City Council with a special exception that would allow the Public Works Director and/or the City Attorney to make an exception on the spot with the knowledge that the individual that is asking for that request has to realize that it must be submitted to the City Council at their next scheduled meeting for final approval; and that it is temporary until

5 Page 5 approved by the City Council. Second by Rodriguez. Motion carried. Place item on Consent Calendar ITEMS FROM PERSONNEL LF Kroeger moved to Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan (Plan Amendment No. 20). Second by Waugh. Motion carried. Place item on Consent Calendar ITEMS FROM CITY ATTORNEY LF Kroeger moved to Approve Introduction and First Reading of Ordinance No Amending Section of Chapter of the Rapid City Municipal Code Relating to Application for Special Exceptions to the Flood Area Construction Regulations. Second by Waugh. Motion carried. LF Waugh moved to Approve Second Reading and Recommendation of Ordinance No Adopting the 1997 Uniform Fire Code with Amendments. Second by Rodriguez. Motion carried. LF Waugh moved to Approve Second Reading and Recommendation of Ordinance No Modifying the Regulation of Security Guards by Amending Sections , , , , , and of Chapter 5.52 of Title 5 of the Rapid City Municipal Code. Second by Rodriguez. Motion carried. CC Rodriguez moved to Approve Second Reading and Recommendation of Ordinance No Amending Section of Chapter 6.12 of the Rapid City Municipal Code Exempting Certain Areas from the Leash Law Requirement. Second by Waugh. Motion carried. Hanks moved to Direct that the unleased spaces of the City parking lots at Fifth and St. Joseph Street and next to the Stockgrowers building be utilized by City employees who work at the courthouse complex during the construction phase. Second by Waugh. Motion LF Adam Altman handed out to the Committee the request for the Attorney General s opinion. He summarized the request for the Committee. Kooiker said some of the questions don t ask the question that needs to be asked. Kooiker moved to Direct the City Attorney s Office to submit the following question now to the Attorney General s office for an opinion: Does SDCL provide an exception to relating to the City Attorney s office, and to bring the remainder of the questions for review at the Informational Meeting scheduled for April 23, Second by Hanks. Kooiker stated that some of the other questions don t need to be asked anymore. Altman said the Attorney General does not answer one line questions. They ask for an opinion if there is one. He said he has spent a lot of time drafting these questions, and he s put a lot of things on hold for other people. Rodriguez said we have spent a long time on this matter, and she thinks the questions should

6 Page 6 be sent to the Attorney General. After further discussion, a vote was taken and the motion LF Rodriguez moved to Authorize Mayor and Finance Officer to sign Development Agreement with Heartland Retail, LLC for Tax Increment District No. 38. Second by Hanks. Motion LICENSES Waugh moved to Approve the Following Licenses: Pawn Shop: First Security Pawn, Shawn Sheridan Tobin; Second Hand: First Security Pawn, Shawn Sheridan Tobin; Precious Metals & Gems: First Security Pawn, Shawn Sheridan Tobin. Second by Kroeger. Motion carried. Place item on Consent Calendar SPECIAL ITEMS AND ITEMS FROM VISITORS LF Hanks moved to Approve waiver of building fees Courthouse Complex Building Project. Second by Waugh. A vote was taken with Kriebel voting no. LF County Commissioners Hanks moved to Deny request for waiver of two hour parking restrictions and the parking meter requirement on St. Joseph Street between 1 st and 5 th Street. Second by Waugh. Motion John Nooney told the Committee that TID 36 financing had been brought before the Council last October and was approved. There have been some issues that the Council had not identified any funding sources for: a) costs related to the Tax Increment Financing District of adjoining property owners that do not have any immediate benefit; and b) the IDPF monies for Hendersons share. Elkins said there is funding available in the IDPF for the Hendersons portion ($277,000). Staff did meet and talk about other funding sources for the balance of the TIF (approximately $1.2 million). Those sources would be 2012 infrastructure, general fund, or landowner financing. After further discussion, Hanks moved to Continue Funding Source Identification for TID 36 to the April 30, 2003, Legal and Finance Committee meeting and ask the Finance Officer and Marcia Elkins to bring back options for funding sources. Second by Waugh. Motion carried. LF Historic Preservation Rodriguez moved to Authorize Mayor and Finance Officer to sign Amendment #3 to State of South Dakota Historical Preservation Allocation Award between State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project for a No Cost Time Extension to July 31, Second by Waugh. Motion LF Black Hills Figure Skating Club Hanks moved to Approve request permission to use Roosevelt Park Ice Arena s parking lot for one day yard sale on May 3, Second by Rodriguez. Motion

7 Page 7 ALDERMAN COMMITTEE REPORTS Mike Booher told the Committee that it was the Ordinance Review Committee s recommendation to reject any special treatment of the loading zone in front of the Alex Johnson. The two options they looked at were: a) stop the loading zone short and put a parking spot before the corner. This was rejected because it does not allow enough room for the alleyway behind the loading zone; and b) revise the ordinance on the loading zone and make a special exception for the Alex Johnson. This was rejected because there wasn t a special justification for the special accommodations, and the Alex Johnson did not demonstrate a compelling need for special treatment in this case. Mr. Didier said he believes the Alex Johnson Hotel is a hotel requiring special consideration. He said the van has been parked in this spot since the 70 s, and it has never been a problem. After further discussion, Rodriguez moved to Accept the Ordinance Review Committee s recommendation to deny the request by Jim Didier Alex Johnson Hotel regarding parking in Loading Zone in Front of Alex Johnson Hotel. Second by Waugh. A vote was taken with Kooiker voting no. ITEMS FROM MAYOR LF Rodriguez moved to Approve appointment of Rob Schlimgen to serve as alternate on the Zoning Board of Adjustments for a Three Year Term (Expires on December 31, 2005). Second by Waugh. Motion The Mayor told the Committee that the request for $250,000 for the EAFB Task Force is to be used primarily for work involving lobbyists based in Washington, D.C. and also for sending delegations to go to Washington, D.C. to help inform those who make decisions on the upcoming base closure rounds. He said this round of closures is supposed to be the largest one yet. Pat McElgunn of the Rapid City Chamber and the Ellsworth Task Force, told the Committee that on an annual basis Ellsworth brings about $230 million to our economy. He said we have a huge task in front of us. This round of closures has been delayed since These closures are now set for The criteria for closure will be out in If Ellsworth gets to 2005 and is not ready, then it will never be ready. If Ellsworth gets on the secretary s list in late spring of 2005, there is an 85% chance that it will not be taken off the list and will be closed. This can be prevented by doing the homework. The request for funding is a portion of the $1 million or more that will be spent between now and There will be local matching private money, and there is a request for some State funding. Hanks said that the funds are being requested for the Task Force which is a part of the Chamber and is a nonprofit organization. It will be the one hiring the lobbyists. He said he is supportive of this. Hanks moved to Continue Supplemental Appropriation Request of $250,000 for EAFB Task Force to the April 30, 2003, Legal and Finance Committee meeting to allow the Finance Officer to meet with the Task Force to work out a timeline. Second by Waugh. Motion carried. ITEMS FROM DEPARTMENT OF GOLF

8 Page 8 Kroeger moved to Approve rate structure for Director of Golf and Assistants - $50 Per Hour for Director of Golf and $45 for Assistant Professionals. Second by Waugh. Motion carried. Place item on Consent Calendar LF Rodriguez moved to Authorize Mayor and Finance Officer to sign Contract with Rapid City Window and Glass in the amount of $1,581. Second by Waugh. Motion LF Rodriguez moved to Authorize Mayor and Finance Officer to sign Contract with J & J Asphalt in the amount of $5, for construction removal and addition of curb in front of Meadowbrook Club House. Second by Waugh. Motion carried. Place item on Consent Calendar Meeting adjourned at 3:25 p.m.