LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota December 15, 2010

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1 MINUTES Rapid City, South Dakota December 15, 2010 A Legal and Finance Committee meeting was held at the City/School Administration Center in Rapid City, South Dakota, on Wednesday, December 15, 2010, at 12:30 p.m. A quorum was determined with the following members answering the roll call: Deb Hadcock, Dave Davis, Ron Weifenbach, Ron Kroeger and Bonny Petersen. 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 December 1, 2010 Motion was made by Weifenbach, second by Petersen, and carried to approve the minutes of the December 1, 2010, Legal and Finance Committee. Adoption of the Agenda Motion was made by Weifenbach, second by Davis, and carried to adopt the agenda with the following additions: 5a) No. LF Confirm Appointment of Tom Loomis, Marsha Hengen, and Evan Gallentine and the Reappointment of John Brockelsby, Neal Larson, and Chuck Parkinson to The Journey Museum Board of Directors 5b) No. LF Confirm Reappointment of Charles Tinant to the Parks and Recreation Advisory Board 5c) No. LF Confirm Appointment of Nick Davis to Complete the Unexpired Term of Vincent Della Morte, Jr. and the Reappointment of Duane Baumgartner, Steve Doshier, Jacqueline Allen, and Melanie Jeppesen to the Beautification Committee 5d) No. LF Confirm the Reappointment of Steve Malone to the Rapid City Board of Adjustment 5e) No. LF Confirm Appointment of David Grundstrom and the Reappointment of Jim Bickett and Scott Sogge to the Rapid City Residential Contractor Board 5f) No. LF Confirm Appointment of Eric Christianson as the Planning Commission Representative and the Reappointment of Jim Jackson, Alternate, and Kyle Mattison Blada, Alternate, to the Sign Code Board of Appeals 5g) No. LF Confirm Reappointment of Eric Farrar, Dennis Hettich, and Gene Hunter to the Rapid City Sign Contractor Board 5h) No. LF Confirm Reappointment of Cathy Druckrey to the Rapid City Urban Forestry Board 1

2 5i) No. LF Confirm Appointment of Heather C. Knox and the Reappointment of Duane Baumgartner and L. Eric James to the Historic Preservation Commission 5j) No. LF Confirm Reappointment of George Thompson and Steve Street and Appointment of Rick Clegg and See Seaman to the Mechanical Board 5k) No. LF Confirm Appointment of David Hillard to the Opportunity Capture Fund Oversight Board 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) Bill Freytag handed out a proposed resolution regarding zoning changes to the Committee. He said he has addressed his concerns with Growth Management Director Marcia Elkins. He said the landowner has to give their consent regarding zoning changes but only when the City is the applicant. This signature must be included on a letter from the City informing the property owner of the zoning change. If an application by the City for zoning change is affecting contiguous properties, then sixty percent of the property owners signatures must first be obtained by the City. If the zoning change causes the property owner s rights to be altered from the manner enjoyed by the property owner prior to the zoning change, then the City should provide the landowner in writing an estimate of the costs, including but not limited to: 1) application fees and mailing costs; 2) signage fees or deposits; 3) if documents required by the City require a professional to complete the documents, then the letter should include this information; 4) the time involved in the hearing process and the fact that the landowner may not prevail at the hearing; and 5) the informational letter must be signed by the property owner. Elkins said there are some issues in terms of staffing to enforce this proposal. Also, she thinks this may be more appropriate in the form of an ordinance amendment rather than a resolution. Since the resolution was not a part of the agenda, Petersen moved to add the resolution to the agenda. Second by Weifenbach. Motion carried. After further discussion, Davis moved to continue resolution regarding zoning changes proposed by Bill Freytag to the January 12, 2011, Legal and Finance Committee meeting. Second by Petersen. Motion carried. No. LF Joan Martin and Helen Pitch of Soccer Rapid City gave an update on the soccer/sport complex. They are requesting 2012 funds to dig a well and look at construction documents so the project can get under way. The well will cost approximately $333,500 and the construction documents will cost approximately $406,400 for a total of $740,000. The estimated time line is: February 2011 for completion of the well and construction documents and the bid will go out sometime in May or June of 2011 with construction on Phase 1 to commence in the summer of They explained what Phase 1 will consist of. Weifenbach said he cannot support anything that happens at this site. He is okay with the soccer fields but not at this site. It is his understanding that the soccer group was going to match funds. Pitch said they have $200,000 in donated cement, $25,000 in cash and there is more cash coming in from various donors. Because of the present economy, the grants have dried up. They are planning to begin their capital campaign this spring. Weifenbach said this project seems to still be an 2

3 illusion. He was in favor of the Wally Byam site. He said he appreciates the dream but he is not going to be a part of setting the soccer group up to fail at this site. Davis said he also is in favor of the project but not in favor of the location. He thinks it is an expensive location. The process causes him to be very suspect. Originally the plan was to hold huge tournaments and 2012 funds were going to be a small portion of the cost of this project and the soccer group would raise the remainder of those funds. Now it s 5 years later and there is no capital campaign and minimal money raised. He asked if the City is putting money into a project that will not finish itself? Pat Wyss said his involvement in this project is as a consultant. His company has donated $60,000 worth of services to get this project moving forward. He reminded the Committee that the City Council objected to the Wally Byam site. He said raising money in the non-profit world in the last few years has been difficult. This site will accommodate 25 fields. The budget presented today allows for the start of a very far reaching project, and he would like to see this project move forward. Kroeger said the City Council as a whole is in support of soccer. He does have some concerns and the biggest one is that the plan now does not even include half of the project that was submitted to be built. He doesn t believe the second half will ever be completed. He said he has not seen the support from the community to move it forward. After further discussion, Davis moved to deny request by soccer group to release 2012 funds for well and construction documents at soccer complex. Second by Weifenbach. A substitute motion was made by Peterson to take this item to the December 20, 2010, City Council meeting without recommendation. Second by Hadcock. A vote was taken on the substitute motion with Hadcock and Petersen voting yes and Kroeger, Weifenbach, and Davis voting no. A vote was then taken on the original motion to deny and the motion carried with Kroeger, Weifenbach, and Davis voting yes and Petersen and Hadcock voting no. City Attorney Jason Green said he has had conversations with Jay Alderman of the county and they are working with bond counsel. The Mayor put together a task force to look at the construction of a new evidence building. The building cost will be around $5.5 million. The county will bond for the entire project, and they are willing to be the bank for the City. Kroeger said the task force is recommending that the City move forward with the county on the design of that building. Kroeger moved to take request from Pennington County for transfer of property to the December 20, 2010, City Council meeting without recommendation. Second by Weifenbach. Motion carried. ITEMS FROM MAYOR No. LF Kroeger moved to authorize Mayor and Finance Officer to sign Trademark License Agreement with City of Presidents Foundation. Second by Weifenbach. City Attorney Jason Green pointed out that there are three provisions in the contract that he is normally not comfortable with the City signing off on. Those provisions relate to an indemnification waiver, sovereign immunity, and attorney s fees. He said under this current agreement, there is probably little risk with regard to these provisions. After further discussion, a vote was taken and the motion carried. Place item on consent No. LF Weifenbach moved to confirm appointment of Monte Loos and James W. Olson to the Rapid City Public Library Board of Trustees with their terms to expire December 31, Second by Kroeger. Motion carried. Place item on consent 3

4 No. LF Kroeger moved to confirm appointment of Christian Haugo and John Herr to the Rushmore Plaza Civic Center Board with their terms to expire January 1, Second by Weifenbach. Motion carried. Place item on consent No. LF Weifenbach moved to confirm appointment of Tom Loomis, Marsha Hengen, and Evan Gallentine and the reappointment of John Brockelsby, Neal Larson, and Chuck Parkinson to The Journey Museum Board of Directors. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm reappointment of Charles Tinant to the Parks and Recreation Advisory Board. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm appointment of Nick Davis to complete the unexpired term of Vincent Della Morte, Jr. and the reappointment of Duane Baumgartner, Steve Doshier, Jacqueline Allen, and Melanie Jeppesen to the Beautification Committee. Second by Kroeger. Motion carried with Davis abstaining. No. LF Weifenbach moved to confirm the reappointment of Steve Malone to the Rapid City Board of Adjustment. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm appointment of David Grundstrom and the reappointment of Jim Bickett and Scott Sogge to the Rapid City Residential Contractor Board. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm appointment of Eric Christianson as the Planning Commission Representative to the Sign Code Board of Appeals, contingent upon his service on the Planning Commission, to fill the unexpired term of Gary Brown who was elected to the City Council, and confirm the reappointment of Jim Jackson, alternate, and Kyle Mattison Blada, alternate to the Sign Code Board of Appeals. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm reappointment of Eric Farrar, Dennis Hettich, and Gene Hunter to the Rapid City Sign Contractor Board. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm reappointment of Cathy Druckrey to the Rapid City Urban Forestry Board. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm appointment of Heather C. Knox and the reappointment of Duane Baumgartner and L. Eric James to the Historic Preservation Commission. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to confirm reappointment of George Thompson and Steve Street and Appointment of Rick Clegg and See Seaman to the Mechanical Board. Second by Kroeger. Motion carried. Place item on consent 4

5 No. LF Weifenbach moved to confirm appointment of David Hillard to the Opportunity Capture Fund Oversight Board. Second by Kroeger. Motion carried. Place item on consent ITEMS FROM ALDERMEN AND COMMITTEE REPORTS No. LF A Weifenbach moved to approve Amended Resolution Adopting a Five Year Plan for the Rapid City Economic Development and Civic Improvements Fund. Second by Davis. Motion carried. Place item on consent Weifenbach moved to freeze pay increases for Step 22 and above for Second by Hadcock. Weifenbach said there are 70 people that are Step 22 and above and that amounts to almost 10% of the workforce. Mayor Hanks said this proposal would freeze salaries for department heads and some of the middle management. This would create two different classifications for employees and would not treat everyone fairly. He said this will send a chilling message to the management staff and would save only approximately $35,000. He reminded the Committee that the City may not even be in a position to offer any raises unless the city sales tax revenue grows 3.5 percent or more in Through October the city s sales tax was up a little less than 3 percent for the year. Mayor Hanks said the 2011 budget includes money to give all employees a percent raise as of July 1, 2011, but that will only happen if 2010 sales tax numbers jump by the end of December. Hadcock said she does not think this proposal is treating employees unfair. Other people in the community are doing this, so she thinks the City should be doing it, too. Weifenbach said his intention was to decrease parity and not to start a battle. Mayor said he is talking about treating all employees the same. Why would the City Council look at cutting wages when the City has a balanced budget and there is no structural deficit? He said his concern is about morale. He said if there is going to be a wage freeze, he thinks it should be across the board. Petersen said if there is a shortfall, then she can see making these decisions. She does not see the need for it right now. Davis said he is struggling to identify the purpose of making cuts. Until the City Council identifies where the cuts are going to be utilized, he has a problem with the message this would send. If the City Council can identify the emergency, then it s okay to send the message across the board that the City is going to cut. After further discussions, a substitute motion was made by Davis to acknowledge the discussion of pay increases for Step 22 and above. Second by Petersen. Motion carried. Place item on consent POLICE DEPARTMENT No. LF Kroeger moved to approve Event Permit for Alex Johnson Hotel for New Year s Eve Ball Drop. Second by Weifenbach. Motion carried. Place item on consent No. LF Davis moved to approve Event Permit for Cardiac Services, Rapid City Regional Hospital for February Freeze 5K Fun Run/Walk. Second by Petersen. Motion carried. Place item on consent 5

6 GROWTH MANAGEMENT No. LF Kroeger moved to approve Introduction and First Reading of Ordinance No Repealing Chapter of the Rapid City Municipal Code Relating to Mobile Homes and Mobile Home Parks and Adopting a New Revised Chapter of the Rapid City Municipal Code as amended. Second by Davis. Motion carried. No. LF Weifenbach moved to approve Introduction and First Reading of Ordinance No Repealing Section of the Rapid City Municipal Code Relating to Supplementary Regulations Applicable to Mobile Home Parks and Adopting a New Revised Section of the Rapid City Municipal Code. Second by Davis. Motion carried. No. 10OA017 Weifenbach moved to approve Second Reading and Recommendation of Ordinance No to Allow Setbacks to be Reduced for Existing Structures as a Result of Dedicating Right-of-Way or H Lots by Adding Section to the Rapid City Municipal Code. Second by Peterson. City Attorney Green said this ordinance constitutes a conflict with state law. His recommendation would be to table this item. A substitute motion was made by Davis to table Second Reading and Recommendation of Ordinance No to Allow Setbacks to be Reduced for Existing Structures as a Result of Dedicating Right-of-Way or H Lots by Adding Section to the Rapid City Municipal Code. Second by Weifenbach. Motion carried. No. LF Kroeger moved to approve Second Reading and Recommendation of Ordinance No Amending Title 15, Chapter of the Rapid City Municipal Code by Adopting the 2009 Uniform Plumbing Code and Adding Amendments Thereto. Second by Weifenbach. Motion carried. No. 04TI009 Petersen moved to approve Resolution No to Dissolve Tax Increment Financing District No. 48 Located west of S. Valley Drive, south of SD Highway 44 and north of E. St. Charles Street and S. Valley Drive right-of-way. Second by Weifenbach. Motion carried. Place item on consent No. LF Kroeger moved to approve Request for Proposal for Historic Preservation Commission Design Guidelines. Second by Petersen. Motion carried. Place item on consent FINANCE DEPARTMENT Weifenbach moved to acknowledge the following volunteers for workmen s compensation purposes: Cody Wounded Shield, Dillon Beach, and Jane Kampfe. Second by Petersen. Motion carried. Place item on consent No. LF A Weifenbach moved to approve Second Reading and Recommendation of Ordinance No Regarding Supplement Appropriation #5 for Second by Kroeger. Motion carried. 6

7 No. LF Kroeger moved to approve Introduction and First Reading of Ordinance No Regarding Supplemental Appropriation #2 for Second by Weifenbach. Motion carried. No. LF Davis to approve renewal of insurance premium. Second by Kroeger. Motion carried. Place item on consent No. LF Petersen moved to approve Resolution Declaring Property Surplus. Second by Kroeger. Motion carried. Place item on consent No. LF Weifenbach moved to approve Resolution No A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property. Second by Petersen. Motion carried. Place item on consent COMMUNITY RESOURCES No. LF A Kroeger moved to continue Revised Technology Resource Usage Policy to the December 29, 2010, Legal and Finance Committee meeting. Second by Petersen. Motion carried. PARKS AND RECREATION No. LF Davis moved to authorize staff to advertise for bids for PR Rapid City Greenway Trails and Pedestrian Facilities Project; estimated cost $2,312,278. Second by Weifenbach. Motion carried. Place item on consent CITY ATTORNEY S OFFICE No. LF Kroeger moved to continue authorization for the Mayor and Finance Officer to sign Subdivision Bond Agreement between the City of Rapid City and SSST, LLC to the December 29, 2010, Legal and Finance Committee meeting. Second by Weifenbach. Motion carried. No. LF Kroeger moved to continue authorization for the Mayor and Finance Officer to sign Release of Covenant Agreement between the City of Rapid City and SSST, LLC to the December 29, 2010, Legal and Finance Committee meeting. Second by Weifenbach. Motion carried. No. LF Petersen moved to acknowledge raffle request from Rapid City Downtown Association. Second by Davis. Motion carried. Place item on consent No. LF Petersen moved to acknowledge raffle request from the American Heart Association. Second by Davis. Motion carried. Place item on consent No. LF Petersen moved to acknowledge raffle request from Western Dakota Tech Fire Science Club. Second by Davis. Motion carried. Place item on consent 7

8 There being no further business, Kroeger moved to adjourn the meeting at 2:40 p.m. Second by Weifenbach. Motion carried. 8