LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota December 10, 2008

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1 MINUTES Rapid City, South Dakota December 10, 2008 A Legal and Finance Committee meeting was held at the City/School Administration Center in Rapid City, South Dakota, on Wednesday, December 10, 2008, at 12:30 p.m. A quorum was determined with the following members answering the roll call: Sam Kooiker, Lloyd LaCroix, Karen Gundersen Olson, Malcom Chapman, and Patti Martinson. 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 November 25, 2008 Motion was made by Chapman, seconded by LaCroix, and carried to approve the minutes of the November 25, 2008, Legal and Finance Committee. Adoption of the Agenda Motion was made by Chapman, seconded by Olson, and carried to adopt the agenda with the following additions: 8a) Update on Founder s Park TIF Project Plan (Kooiker); 8b) Green Cities Seminar in Portland, Oregon (Kooiker); 9a) Amendment to the 2008 Unified Planning Work Program; 9b) Request for authorization to use funds from personnel (Transportation Planning budget #706) for Consultant Services Contract with LSA Associates, Inc. for the 2035 Long Range Transportation Plan; and 20a) No. LF Resolution Declaring Property Surplus. 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. SPECIAL ITEMS FROM THE PUBLIC (citizen requested to be placed on agenda) ITEMS FROM MAYOR No. LF Chapman moved to confirm re-appointment of Eric Farrar, Dennis Hettich, and Gene Hunter to a two year term on the Sign Contractor Board. Second by Martinson. No. LF Chapman moved to confirm re-appointment of Jim Bickett, Ken Fuerst, and Scott Sogge to a two year term on the Residential Contractor Board. Second by Martinson. 1

2 No. LF Chapman moved to confirm re-appointment of Peter Neumann, Vernon Osterloo, Gary Sabers (Alternate) and Robb Schlimgen (Alternate) to a three year term on the Zoning Board of Adjustment. Second by Martinson. Place item on consent calendar No. LF Chapman moved to confirm appointment of Barb Collins (2 nd Alternate) on the Planning Commission. Second by Olson. Motion carried with LaCroix abstaining. ITEMS FROM ALDERMEN AND COMMITTEE REPORTS No. LF Chapman moved to acknowledge Capital Improvements Program Committee monthly update for November, Second by LaCroix. Place item on consent calendar No. LF Chapman moved to approve the Capital Plan for Streets, Drainage and MIP Projects for Second by LaCroix. Chapman moved to approve carryover for the Fire Department: Station #7 funding of $1.35 million dollars and $50,000 for the Main Fire Station space analysis. Second by LaCroix. No. LF Olson moved to approve Second Reading and Recommendation of Ordinance No to Provide for Administrative Approval of Certain Business Licenses by Amending Various Sections of Title 5 of the Rapid City Municipal Code. Second by LaCroix. City Attorney Green said the idea behind this ordinance is that most licenses that are approved by the City Council receive little or no discussion. Staff thought it made some sense to authorize approval of these licenses at the administrative level. This would shorten the time and allow constituents to get through the City s process more quickly. A vote was taken and the motion carried. Chairman Kooiker said he toured the site of the Founder s Park TIF Project Plan. He said he was impressed but asked about the intersection of Founders Park Drive and Omaha. He said it was his understanding that the signal had been included at that intersection; but in speaking with the City s traffic engineer, he said he had done traffic studies which showed that the signal is not needed at this time. The traffic engineer did express an interest in having that signal installed. Funds were allocated for the signal, and Kooiker said he is looking for a recommendation from staff on how to proceed to facilitate installation of that light when the time comes to do so. Public Works Director Robert Ellis said this intersection is within the jurisdiction of the South Dakota Department of Transportation. He said the City could do some of the work now that would be necessary to put the signal in later. There would be a benefit to doing some of the work now. He said he would talk to the Department of Transportation and try to come up with a plan. Olson said she thinks if the signage were better, the second access into this business park would be used more. Olson moved to continue discussion on the signalization at Founders Park Drive and Omaha Street to the January 28, 2009, Legal and Finance Committee meeting and request staff to work with the South Dakota Department of Transportation to come up with a plan for the signalization making sure that the alternate routes are included in that discussion. Second by Chapman. 2

3 Olson said there is going to be a Green Cities Conference in Portland, Oregon, in April of She would like to attend that conference, together with Patti Martinson and Aaron Costello. The topic will be dealing with sustainability and green cities. This would be an opportunity to acquire additional information about what other cities are doing. They would like to take advantage of the early bird registration fee and are asking Public Works Director Robert Ellis to attend the conference with them. Olson moved to authorize payment of registration fee for her, Councilman Martinson, Councilman Costello, and Public Works Director Robert Ellis to attend a Green Cities Conference in Portland, Oregon, in April of 2009, in the approximate amount of $1,200. Second by LaCroix. LIBRARY No. LF Olson moved to acknowledge Library Board s authorization to use salary line item to pay for replacement and repairs, voice over internet protocol (telephone system), and planned facilities maintenance in the amount of $56,500. Second by LaCroix. Motion carried. Place item on consent calendar GROWTH MANAGEMENT No. 08TP041 - LaCroix moved to approve Amendment to the 2008 Unified Planning Work Program. Second by Chapman. No. 08TP042 - LaCroix moved to approve request for authorization to use funds from Personnel (Transportation Planning budget #706) for Consultant Services Contract with LSA Associates, Inc. for the 2035 Long Range Transportation Plan. Second by Chapman. Place item on consent calendar No. 08TP040 LaCroix moved to authorize Mayor and Finance Officer to sign the Professional Service Agreement with LSA Associates, Inc. for the 2035 Long Range Transportation Plan in an amount not to exceed $185,000. Second by Chapman. Place item on consent calendar No. 08TI012 - Mall Ridge Subdivision Olson moved to approve a request by Dream Design International, Inc. to consider an application for a Second Revised Project Plan for Tax Increment District No Mall Ridge Lift Station on Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A, B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located extending from the western boundary of Auburn Hills Subdivision, along Country Road to 143rd Avenue. Second by LaCroix. Growth Management Director Marcia Elkins said this is the second revision to this plan. This is a reallocation of costs between the City and the developer. There is no increase in the total cost. A vote was taken and the motion carried. Place item on consent calendar 3

4 FINANCE DEPARTMENT Olson moved to acknowledge the following volunteers for workmen s compensation purposes: Danny Scolaro, Jim McCoy, Ed Kopp, Elise Twohy, Cory Blanks. Second by LaCroix. Motion carried. Place item on consent calendar No. LF Chapman moved to approve Second Reading and Recommendation of Ordinance 5456 Regarding Supplemental Appropriation No. 4 for Second by Olson. No. LF Chapman moved to approve Resolution Establishing Change Fund for Rapid City Police Department Responsible Alcohol Service Program Classes. Second by Olson. COMMUNITY RESOURCES No. LF Olson moved to approve Resolution to Establish the Non-Union Position of Park Maintenance Supervisor. Second by LaCroix. Place item on consent calendar No. LF Chapman moved to authorize staff to request proposals for Storage Area Network (SAN) and Virtualization Hardware, Software and Services. Second by Olson. Motion carried with Kooiker abstaining. No. LF Olson moved to authorize Mayor and Finance Officer to sign Master License Agreement with Latitude Geographics. Second by LaCroix. Place item on consent calendar No. LF Olson moved to authorize Mayor and Finance Officer to sign Amendment No. 1 to Contract for Professional Services between Latitude Geographics Group Ltd. and the City of Rapid City. Second by LaCroix. PARKS AND RECREATION DEPARTMENT No. LF Olson moved to authorize Mayor and Finance Officer to sign the Golf Course Food and Beverage Concession Agreement. Second by LaCroix. Place item on consent calendar No. LF Olson moved to authorize Mayor and Finance Officer to sign Funding Agreement between South Dakota Department of Transportation and the City of Rapid City for Design, Letting, and Construction of Project EM 8052(59), Rapid City, PCN 01OE. Second by Chapman. PUBLIC WORKS No. LF LaCroix moved to approve Resolution Declaring Property Surplus. Second by Chapman. 4

5 CITY ATTORNEY S OFFICE No. LF A Olson moved to continue Introduction and First Reading of Ordinance No to Create A Life Safety Loan Program by Amending Title 3 of the Rapid City Municipal Code to the January 14, 2009, Legal and Finance Committee meeting. Second by LaCroix. No. LF LaCroix moved to approve Second Reading and Recommendation of Ordinance No to Provide for Criminal History Records Checks for Certain Business Licenses by Amending Various Sections of Title 5 of the Rapid City Municipal. Second by Olson. No. LF LaCroix moved to approve Second Reading and Recommendation of Ordinance No to Establish the Process for Approval of Tax Increment Financing Districts and Project Plans by Adding Chapter 3.26 to the Rapid City Municipal Code. Second by Olson. No. LF Olson moved to approve Revisions to Tax Increment Financing Guide for Applicants. Second by LaCroix. No. LF A Olson moved to approve Second Reading and Recommendation of Ordinance No Updating the Fees for Water Service by Amending Chapter of the Rapid City Municipal Code. Second by Chapman. Kooiker said he would have liked to have seen more of an effort to find alternative funding sources including He said given the high increases, it would have been prudent to have searched harder for other funding sources. Chapman said he appreciates staff s work in looking and coming back with recommendations. Motion carried with Kooiker voting no. No. LF A Olson moved to approve Second Reading and Recommendation of Ordinance No Updating the Fees for Sewer Service by Amending Chapter of the Rapid City Municipal Code. Second by Chapman. Motion carried with Kooiker voting no. No. LF Olson moved to authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Doeck, LLC for the Completion of Subdivision Improvements. Second by Chapman. No. LF LaCroix moved to authorize Mayor and Finance Officer to sign Assignment Agreement between the City of Rapid City, BankWest, and SSST, LLC. Second by Olson. No. LF Chapman moved to take authorization for the Mayor and Finance Officer to sign Agreement between the City of Rapid City and OS Development Inc. for the Design, Construction and Dedication of Land for a Water Reservoir and Booster Station to the December 15, 2008, City Council meeting without recommendation. Second by LaCroix. 5

6 No. LF Chapman moved to take authorization for the Mayor and Finance Officer to sign Agreement between the City of Rapid City and OS Development, Inc. for Payment of Oversize Costs for Public Water Mains to the December 15, 2008, City Council meeting without recommendation. Second by LaCroix. No. LF Chapman moved to take authorization for the Mayor and Finance Officer to sign Agreement between the City of Rapid City and OS Development, Inc. for Payment of Oversize Costs for Sanitary Sewer Mains to the December 15, 2008, City Council meeting without recommendation. Second by LaCroix. No. LF LaCroix moved to approve Resolution Declaring the Platted Portion of the Wally Byam Site Surplus. Second by Chapman. Place item on consent calendar No. LF LaCroix moved to acknowledge raffle request from The Dahl. Second by Chapman. There being no further business, the meeting adjourned at 1:25 p.m. 6