LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota July 11, 2007

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1 MINUTES Rapid City, South Dakota July 11, 2007 A Legal and Finance Committee meeting was held at the City/School Administration Center in Rapid City, South Dakota, on Wednesday, July 11, 2007, at 12:30 p.m. A quorum was determined with the following members answering the roll call: Ron Weifenbach, Deb Hadcock, Karen Gundersen Olson, Ron Kroeger, and Malcom Chapman. Absent: None. (NOTE: For sake of continuity, the following minutes are not necessarily in chronological order. Also, all referenced documents are on file with the Master Agenda.) Approve Minutes of June 27, 2007 Motion was made by Chapman, seconded by Olson, and carried to approve the minutes of the June 27, 2007, Legal and Finance Committee. Adoption of the Agenda Motion was made by Kroeger, seconded by Olson, and carried to adopt the agenda with the following additions: 23a) Acknowledge appointment of Jean Hawkinson as Acting Computer Director; and 29) Banner pole policy. General Public Comment A time for members of the public to discuss or express concerns to the Committee on any issue, not limited to items 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 Aldermen present. ITEMS FROM MAYOR Olson moved to acknowledge appointment of Pauline Sumption as Acting Finance Officer and approve temporary placement for her on the pay matrix from Grade 25C to Grade 25I. Second by Chapman. Motion Chapman moved to acknowledge appointment of Jean Hawkinson as Acting Computer Director and approve temporary placement for her on the pay matrix from Grade 19O to Grade 24F. Second by Olson. Motion ITEMS FROM ALDERMEN AND COMMITTEE REPORTS No. LF Lloyd LaCroix said when he was in Washington, D.C. he attended a class on building coalitions and connecting cultures with youth. There was a youth council there from Savannah, Georgia, that he was very impressed with. In talking to them, he came up with the city platform for strengthening families and improving outcomes for children and youth. He spoke with the former Mayor Shaw and was encouraged to pursue this. A task force was formed consisting of members of the community from all faucets of life. He presented them with 1

2 the Resolution and they looked at the gaps which include alcoholism in families, truancy in school, and the family breakdown. He is requesting that the Committee endorse this resolution at this time, and they will be back with changes in the future. Chapman moved to approve Resolution Endorsing the National League of Cities Platform for Strengthening and Improving Outcomes for Children and Youth. Second by Olson. Motion carried. Place item on consent calendar No. LF Olson moved to acknowledge Capital Improvements Program Committee monthly update for June Second by Chapman. Motion carried. Place item on consent calendar No. LF Olson moved to approve 2007 Capital Plan for Streets, Drainage and MIP Projects for June Second by Kroeger. Motion Kroeger moved to adjust the Government Buildings 5-Year Plan by adding the library acoustics in the amount of $95,000; C/SAC ADA upgrade for ramp in the amount of $18,000; C/SAC ADA upgrade for restrooms in the amount of $21,000. Second by Olson. Motion carried. Place item on POLICE DEPARTMENT No. LF Chapman moved to approve Travel Request for Cathy Bock and Robin Black to attend International Association of Women Police Training Conference September 23-27, 2007, in Denver Colorado, in an approximate amount of $2,371. Second by Olson. Motion No. LF Kroeger moved to approve Event Permit for Convention & Visitors Bureau to close 6 th Street from Rapid Street to Main Street for the Budweiser Clydesdales and to hold a parade for the Clydesdales on August 6, Second by Olson. Motion carried. Place item on FIRE DEPARTMENT No. LF Chapman moved to approve Travel Request for Damon Hartmann and Jack Tomac to attend 2007 Advanced Fire Investigation Seminar September 17-21, 2007, in Denver, CO, in an approximate amount of $2,325. Second by Kroeger. Motion carried. Place item on AIRPORT No. LF Chapman moved to approve Travel Request for Jerry Mitchell to attend 2007 AAAE Airport CEO and Commissioner Policy Summit in San Francisco, CA, August 4-7, 2007, in the approximate amount of $2,015. Second by Olson. Motion carried. Place item on No. LF Olson moved to approve Travel Request for 4 ARFF to attend ARFF Training Center in Salt Lake City UT, September 9-14, 2007, in the Approximate Amount of $6,224. Second by Chapman. Motion 2

3 No. LF Kroeger moved to approve Travel Request for Mason Short, Mark Nagel, Cameron Humphres, Jennifer Eckman, and John Robinson to attend interviews for Deputy Airport Director May 30-June 1, 2007, in the amount of $2,100. Second by Chapman. Motion GROWTH MANAGEMENT No. 07OA005 Growth Management Director Marcia Elkins said there has been a request and some interest in a possible site for a race track inside the city limits of Rapid City. This request comes forward through the Planning Commission with a recommendation for approval to specify that they would be allowed in the general agriculture district with a conditional use permit. The staff and the Planning Commission felt that general agriculture was the most appropriate because of the large scale of these projects and also because they would not belong in a residential area. This does not approve any specific site. Elkins said this would only affect land within the city limits of Rapid City. A conditional use permit has stipulations and as long as those conditions are met, the race track would be eligible to operate. The conditional use permit runs with the land. This is only for property zoned general agriculture. Kroeger moved to approve Introduction and First Reading of Ordinance No to Allow Race Track with On- Sale Liquor Establishment as a Conditional Use in the General Agriculture Zoning District by Amending Chapter of the Rapid City Municipal Code. Second by Chapman. Motion carried. No. 07TI011 - Section 28, T2N, R8E Chapman moved to approve a request by City of Rapid City to consider an application for a Resolution Creating Tax Increment District No Cabela's Economic Development Tax Increment Financing on all of Section 28 lying north of U.S. Interstate 90 less Lots 1 3 of RCI Addition and the S1/2S1/2NW1/4NW1/4 of Section 28, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northeast of the intersection of Interstate 90 and Dyess Avenue. Second by Olson. Steven Brenden said in looking at this, it will cost $20 plus million to give away the Visitor Information Center. He said this is totally ridiculous. The Council is stretching the meaning of blight. He said the City should declare the property surplus and sell it and pay for the improvements. After further discussion, a vote was taken and the motion No. 07TI012 - Section 28, T2N, R8E Kroeger moved to approve a request by City of Rapid City to consider an application for a Tax Increment District No. 65 Project Plan - Cabela's Economic Development Tax Increment Financing on all of Section 28 lying north of U.S. Interstate 90 less Lots 1 3 of RCI Addition and the S1/2S1/2NW1/4NW1/4 of Section 28, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northeast of the intersection of Interstate 90 and Dyess Avenue. Second by Olson. Motion FINANCE DEPARTMENT No. LF Assistant Finance Officer Pauline Sumption said the state has changed their mileage rates effective July 1 st. This amendment will bring the city into compliance with those rate changes. Mileage rates will be 37 cents per mile and occupancy will be at single 3

4 occupancy unless otherwise requested. Coleen Schmidt felt we should also adjust the mileage rates for using a personal vehicle. That is currently 20 cents per mile and would be raised to 22 cents per mile. Chapman moved to approve Amendment to Travel Policy to reflect new State rates. Second by Kroeger. Motion No. LF Kroeger moved to approve up to $800 from CIP Contingency to make alterations to ramp in the Council Chambers to meet ADA specifications. Second by Olson for discussion. After discussion, a substitute motion was made by Chapman to refer approval of up to $800 from CIP Contingency to make alterations to ramp in the Council Chambers to meet ADA specifications back to the CIP Committee. Second by Kroeger. Motion carried. Place item on Chapman moved to acknowledge the following volunteers for workmen compensation purposes: Lora Waekerle, Tim Kupp, Carolyn Maxon, Rhianna Shaheen, Patrick Red Feather, Michaela Anderson, Kim Darata, and Melinda Hunt. Second by Olson. Motion carried. Place item on No. LF Kroeger moved to approve Resolution Fixing Time and Place for Hearing on August 6, 2007 for Assessment Roll for Property Cleanup. Second by Chapman. Motion No. LF Assistant Finance Officer Pauline Sumption told the Committee that the City has an estimated population of 67,447; and with that population, it has been determined that there are 12 available malt beverage licenses eligible for video lottery. Kroeger moved to acknowledge report on retail (on-off sale) malt beverage license eligible for video lottery. Second by Olson. Motion Olson moved to continue cancellation of parking passes for the Seventh Street leased lot that have been assigned to the August 1, 2007, Legal and Finance Committee meeting. Second by Kroeger. Motion carried. No. LF Chapman moved to approve Resolution to Add Grand Stay Suites to the Business Improvement District. Second by Olson. After discussion, a substitute motion was made by Olson to take Resolution to Add Grand Stay Suites to the Business Improvement District to the July 16, 2007, City Council meeting without recommendation. Second by Kroeger. Motion carried. PUBLIC WORK S DEPARTMENT No. LF John Wagner reported to the Committee on the conversion to the new water bill. He said the existing system was installed in late 1980 s. This project is equally funded between the water reclamation department, the water department, and the landfill. It is anticipated that the new water billing will go into effect July 30 th. Utility Billing and Service Supervisor Connie Namanny demonstrated the new water bill. Chapman moved to acknowledge report on utility billing conversion and new water bill. Second by Olson. Motion carried. 4

5 DEPARTMENT OF PARKS AND RECREATION No. LF Parks and Recreation Director Jerry Cole told the Committee that when authorization for Parks and Recreation Department staff to bypass the consultant selection process and enter into contract negotiations with Wyss Associates, Inc. for design and DCA administration for development of Vickie Powers Park was placed on the agenda, they were anticipating having the money for the other TIF in place to complete Phase 1. That money is not in place. He would like the Committee to table this item until the $350,000 is in place to complete Phase 1 and then this item will be brought back to the Committee. Olson moved to table authorization for Parks and Recreation Department staff to bypass the consultant selection process and enter into contract negotiations with Wyss Associates, Inc. for design and DCA administration for development of Vickie Powers Park. Motion died for lack of a second. Cole said he would hope that during the period that work is being done to get the money in place that the City Council could discuss whether or not to add bypassing the consultant selection process into the policy. He said he is going to ask the City Attorney s office to review the policy with him. Kroeger said this would delay any kind of improvements to this area and that is his concern. He would rather have $500,000 worth of improvements versus none at all. City Attorney Jason Green said the initial motion to table is appropriate since this is not ready to go forward at this time. Olson moved to table authorization for Parks and Recreation Department staff to bypass the consultant selection process and enter into contract negotiations with Wyss Associates, Inc. for design and DCA administration for development of Vickie Powers Park. Second by Chapman. Motion carried with Kroeger voting no. CITY ATTORNEY S OFFICE No. LF City Attorney Jason Green said when the attorney s office conducted research regarding a noise ordinance, they found that there is a wide range of ordinances that deal with this issue. He suggested that a committee be appointed to meet with staff to look at the options and bring back a recommendation. Karim Merali of the Radisson asked to be appointed to the committee. Olson moved to request the Mayor to appoint a subcommittee to research and review the noise ordinance and bring back a recommendation to the August 15, 2007, Legal and Finance Committee meeting. Second by Chapman. Motion carried. Place item on No. LF City Attorney Green said the skateboarding ordinance amendment would expand the no skateboarding zone one block to the south to include the Rapid City Public Library. The Council had requested more information as to why this amendment is necessary. Greta Chapman, Library Director, said she has prepared a memo regarding this matter. This ordinance amendment would still allow for skateboarding across the street. Olson said she is concerned because skateboarders don t always have much of a voice. She said she could support something that is a little less, but it is hard to support the entire three blocks. Kroeger said he is in support of the ordinance and would ask that the Committee support this ordinance amendment. He said the Committee members should go down to the library on an afternoon when school gets out and look at the congestion and the skateboarders on the sidewalk. It is very dangerous. Chapman said part of the concern is mode of transportation. This could possibly cut out a segment of people that we want to go to the library. He said he will vote in favor of this ordinance now but will visit with Greta Chapman about it before second reading. Weidenbach said he has a struggle with trying to legislate people not riding their skateboards. 5

6 He knows a lot of skateboarders, and this is sometimes their only mode of transportation. City Attorney Green said the library would have authority on its own to prohibit skateboarding in the parking area underneath the building, but it does not have authority to prohibit it on the sidewalk adjacent to the library. Kroeger moved to approve Introduction and First Reading of Ordinance No to Amend the No Skateboarding Zone by Amending Section of the Rapid City Municipal Code. Second by Chapman. A vote was taken and the motion carried with Hadcock voting no. No. LF Chapman moved to acknowledge raffle request from Muscular Dystrophy Association. Second by Kroeger. Motion No. LF Chapman moved to acknowledge raffle request from Behavior Management Systems (Festival of Trees). Second by Kroeger. Motion carried. Place item on consent calendar No. LF Chapman moved to approve Amendment to the FY 2006 Consolidated Annual Performance Evaluation Report (CAPER): Corrections to Activity Summary Report (PR 03) and CDBG Financial Summary (PR 26). Second by Olson. Motion carried. Place item on City Attorney Green said the request has come forward from the Downtown Association to use the poles downtown for banners during the Sturgis Rally. He said he has not had an opportunity to review the banner policy. Kroeger moved to take banner pole policy to the July 16, 2007, City Council meeting without recommendation. Second by Chapman. Motion carried. There being no further business, the meeting adjourned at 1:55 p.m. 6