LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota November 1, 2000

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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, September 27, 2000 at 1:50 P.M. Finance Officer Jim Preston and the following Alderpersons were present: Alan Hanks, Tom Johnson, Babe Steinburg, Tom Murphy, Jerry Munson, Steve Rolinger, Ron Kroeger, and Mel Dreyer. Absent: Ray Hadley and Rick Kriebel. POLICE DEPARTMENT Steinburg moved to Approve Travel Request for Police Department to hold annual goals meeting at Civic Center on January 10-12, 2001, in the amount of $500 (No. LF ). Second by Rolinger. Motion carried. Place item on Consent Rolinger moved to Authorize Mayor and Finance Officer to Sign Maintenance Support Contract in the Amount of $6,232 for the Reverse 911 Communication System with Sigma Micro Corporation. Second by Hanks. Motion carried. Place item on Consent Rolinger moved to Approve Event Permit for Rushmore Post 1273 Veteran s Day Parade on November 11, 2000 (No. LF ). Second by Hanks. Motion carried. Place item on Consent FIRE DEPARTMENT Rolinger moved to Approve Travel Request for Nathan Deitschman, Jim Frybarger, and Bill Reishus to Attend Highway Emergency Response Specialist Training Classes at Emergency Response Training Center in Pueblo, Colorado, from November 13-17, 2000 (total estimated expense $4,986) (No. LF ). Second by Hanks. Motion carried. Place item on Consent Steinburg moved to Approve purchase of 2001 Dodge Ram 1500 from the State Contract for $14,531 (No. LF ). Second by Hanks. Motion carried. Place item on Consent ITEMS FROM PLANNING Rolinger moved to Continue authorization for Mayor and Finance Officer to sign Amendment No. 1 to Financial Agreement for U.S. 16 Corridor Study to the November 15, 2000, Legal and Finance Committee meeting. Second by Kroeger. Motion carried. Rolinger moved to Authorize staff to prepare the necessary agreement to allow reimbursement to City of Rapid City for design costs incurred on Infrastructure Development Partnership Fund Projects (No. 00ID003). Second by Steinburg. Motion carried. Place item on Consent

2 Page 2 Hanks moved to Approve Rapid City Infrastructure Development Partnership Fund Request Elm Avenue Extension (No. 00ID001). Second by Kroeger. Munson said he would have some concerns that we are putting Elm Street completion before completion of a road that would connect Catron Boulevard, the Southeast Connector and the interstate. Johnson said he does not want to see the infrastructure development fund monies get dwindled down so that we don t have enough money left over to do some of the large projects we want to do. He thinks the extension of Fifth Street is the most important connection the City can make. Marcia Elkins said she would hope that both Elm Street and Fifth Street constructed at the same time. This project will help move development forward in the area. We need to get the sanitary sewer service over to Fifth Street so that that area is developable. This is a stepping stone to get development going. After further discussion, a substitute motion was made by Hanks, seconded by Rolinger and carried to take this item to Council on November 6, 2000, without recommendation so that the Council can look at spreadsheets at that time. Hanks moved to take the Rapid City Infrastructure Development Partnership Fund Request 15 Sanitary Sewer Service Extension from Highway 79 to Fifth Street (No. 00ID002) to Council without recommendation. Second by Rolinger. Motion carried. Hanks moved to place Reconsideration of Preliminary and Final Plat for Valley Ridge Subdivision (No. 00PL089) on the 11/6/00 Council agenda. Second by Dreyer. Motion carried. An annexation petition and a waiver of right to protest for the Parkview Street improvements had been signed by an individual who does not own both properties. In the middle of the process, the individual sold one house to another party so he did not have the right to sign these documents. Staff would like to proceed with a forced annexation on these two parcels to correct this matter. One of the property owners does not feel comfortable in agreeing to an annexation. Hanks moved to Authorize staff to proceed with a forced annexation on the Parkview Drive property. Second by Dreyer. Motion carried. Place item on Consent ITEMS FROM FINANCE Hanks moved to Authorize Mayor and Finance Officer to Sign Contract with Ketel Thorstenson, LLP to conduct City s audit for calendar year 2000, with an option to extend through and an option to include auditing the financial statements of the Museum Alliance of Rapid City (No. LF ). Second by Dreyer. Motion carried. Place item on Consent Kroeger moved to Approve Resolution Declaring Property Surplus (No. LF ). Second by Hanks. Motion carried. Place item on Consent Kroeger moved to Approve Recommendations from the Subsidy Committee for FY2001 (No. LF ). Second by Hanks. Motion carried. Place item on Consent Hanks moved to Authorize Mayor and Finance Officer to Sign Agreement with Sound Pro to design audio/video system for the Council chambers (No. LF ). Second by Kroeger. Motion carried. Place item on Consent

3 Page 3 Dreyer moved to Authorize Purchase of a 2001 Dodge Caravan from the State Contract for $18,743 (No. LF ). Second by Kroeger. Motion carried. Place item on Consent Kroeger moved to Authorize Mayor and Finance Officer to sign Contract with the team of Dougherty/Dain Rauscher to issue a seven year Revenue Bond in the amount of $23,920,000 to Fund the 2012 Plan (No. LF ). Second by Hanks. Ray Woodsend explained that this consists of two resolutions. Series 2000 Bonds (not to exceed $10,000,000), 2001A (not to exceed $14,000,000) and 2001B bonds. These bonds would be sold all at the same time, and tentatively they would be priced on December 5, We would close the 2000 bonds in the calendar year 2000 (probably December 21 st ), and the 2001A bonds would be closed probably around January 10, Historically, the City has done some annual appropriation lease purchases. This year this would be combined into another series of bonds, and that is where the 2001B bonds come from to pay for capital expenditures. These have a five year maximum term. Rolinger said he would be moving to take the resolutions to Council without recommendation so the Council can see the hard copies of the resolutions on Monday night. A vote was taken on the motion and carried. Rolinger moved to take the Resolution Authorizing Series 2000 and 2001A Bonds to Council on November 6, 2000, without recommendation. Second by Kroeger. Johnson said we would move to take both resolutions to Council without recommendation and we will handle this on Monday night. After further discussion, Hanks moved to reconsider authorization for Mayor and Finance Officer to sign Contract with Dougherty/Dain Rauscher. Second by Steinburg. Motion carried. Rolinger moved to take this item to Council without recommendation. Second by Steinburg. Motion carried. Kroeger moved to Approve Introduction and First Reading of Ordinance No Regarding Supplemental Appropriation No. 9 for 2000 (No. LF ). Second by Steinburg. Motion carried. Place item on Consent Hanks moved to Approve Resolution Amending the Plan for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund. Second by Kroeger. A vote was taken with Rolinger voting no. ITEMS FROM PERSONNEL Dreyer moved to Approve Temporary Pay Matrix (No. LF ). Second by Steinburg. Motion carried. Place item on Consent Dreyer moved to Authorize Mayor and Finance Officer to Sign Federal Work-Study Program Off- Campus Agreement with National American University (No. LF ). Second by Steinburg. Motion carried. Place item on Consent Dreyer moved to Approve Resolution to Establish Position of Police Computer Operations Supervisor (No. LF ). Second by Steinburg. This is a situation where we are reclassifying a job. This position is being reclassified because of a significant change in the responsibilities. After further discussion, a vote was taken with Hanks voting no.

4 Page 4 ITEMS FROM CITY ATTORNEY Rolinger moved to Authorize Mayor and Finance Officer to Sign Real Estate Exchange Agreement with Montana-Dakota Utilities Co. (No. LF ). Second by Dreyer. Motion carried. Place item on Consent Rolinger moved to Authorize Mayor and Finance Officer to Sign Real Estate Exchange Agreement Disclosure Schedule with Montana-Dakota Utilities Co. (No. LF ). Second by Kroeger. Motion carried. Place item on Consent Steinburg moved to Authorize Mayor and Finance Officer to Sign Lease with Montana-Dakota Utilities Co. (No. LF ). Second by Dreyer. Motion carried. Place item on Consent REFUNDS AND ABATEMENTS Hanks moved to Approve the Following Abatement: Donald R. & Frankie J. Shultz, 1999, $3, (No. LF ). Second by Kroeger. Motion carried. Place item on Consent LICENSES Steinburg moved to Approve the following licenses: Electrical Apprentice: Shawn Mayclin; Mechanical Apprentice: Erik Dudley; Mechanical Installer: Stan W. Foster, Chris Johnson; Merchant Security Business: Dakota Security, Inc., d/b/a Ace Security, Inc., Jack Andrew Werner; Metals and Gems: Brown and Associates, Ray Brown; Plumbing Contractor: Benjamin (Bruce) Hartley; Residential Contractor: Marcy Barber, Marcy s LLC; William G. Barber, Glenn C. Barber & Associates; Jim Bickett, Bickett Construction; Joel W. Boylan, American Builders, Inc.; Dennis Bertalot, Bertalot Construction; Ken H. Brenneise, Brenneise Homes; Brad DeWitt & Scott Stratmeyer, DeWitt Builders, Inc.; Lon Gose, Lon Gose Const.; David M. Grundstrom; John M. Holdaway II & Evelyn Holdaway, Holdaway Construction, Inc.; Michael & Michele Howe, Howe Custom Const. & Remodel.; Stephen Jensen, Handyman Services; Roger S. Johnsen, Stanley J. Johnsen Concrete; Dennis Johnson & Kathy Kelly-Johnson, K & J Builders; Lynn Kading, Hills Materials Company; Lee A. & Terry J. Keeney, Contemporary Construction; Vergil Kjerstad, Vergil Kjerstad Const.; Stanley E. Koch, Stanley E. Koch Construction; Michael E. Lewis, Mike Lewis Construction; Jeffrey T. Mehlhaff, Mehlhaff Construction, Inc.; Jeffrey D. Ogaard, Jeff s Construction; Jeremy Olson, Olson Services; Darrell S. Rave & Steven E. Rave, Rave Bros., Inc.; Don Ritchie, Don Ritchie Cont.; Randal Ruthford, Triple R Construction; John Sharkey, B & H Module Distributors, Inc.; James S. & Charlette Steele, James S. Steele Construction; Patric Traxinger, T & P Builders; Jim Weaver, Keith Ginter, Chuck Darrington, United Building Center; Pieter Van Wingerden, Knecht Home Center, Inc.; Allan Weidenbach, Weidenbach Bros.; Second Hand: Furniture Mart, Susan R. Sorbel; Haggerty s, Inc., Thomas J. Haggerty; Mick s Scuba Center, Michael L. Gerhard; Play It Again Sports, Jim M. Thomson; Trader s Corner, Brenda Dennis; Willy s Saw Shop, Douglas Williams; Sewer & Water Contractor: Michael Ryan, Site Work Specialists, Inc.; Sewer & Water Installer Journeyman:

5 Page 5 Kevin Hein, Scott Ryan, Chad Uhre, Douglas Wilson; Trenching Contractor: Dale Christiansen, Honey Creek Landscape, Inc.; Trenching Journeyman: John S. Pettyjohn; Sign Contractor: Imperial Signs, Inc., John Lipp; Pride Neon, Inc., George Menke; Red Letter Signs, Andrew C. Hade; Signworks, Mikal Lewis; Solar Sound Corp., Willard A. Weber. Second by Rolinger. Motion carried. Place item on Consent SPECIAL ITEMS AND ITEMS FROM VISITORS Terence Mohr appeared before the Committee to appeal the denial of a Private Security License (No. LF ). Mr. Mohr said he had inadvertently left some portions of the application blank. He was not trying to be untruthful about anything. Chief Tieszen said the instructions on the application were very clear, and he does not see why the significant information, including DUI arrests, was not disclosed. After further discussion, Hanks moved to Table Terence Mohr appeal of denial of Private Security License (No. LF ). Second by Dreyer. Johnson said we either have to deny it or approve it. We must act on this. After further discussion, an amendment to the motion to deny the appeal was made by Dreyer. Second by Murphy. A vote was taken with Rolinger voting no. ITEMS FROM COUNCIL MEMBERS Munson moved to Approve Resolution Supporting Amendment E. Second by Hanks. Motion carried. Place item on Consent Dreyer moved to have the Council send a resolution or note of thanks to Tom Daschle for the $29,000,000 that he obtained for the Southeast Connector and the $3,000,000 to help with the new sewer project. Second by Rolinger. Motion carried. Place item on Consent As there was no further business, the meeting adjourned at 3:10 P.M.