LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota September 16, 2009

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1 MINUTES Rapid City, South Dakota September 16, 2009 A Legal and Finance Committee meeting was held at the City/School Administration Center in Rapid City, South Dakota, on Wednesday, September 16, 2009, at 12:30 p.m. A quorum was determined with the following members answering the roll call: Ron Weifenbach, Deb Hadcock, Lloyd LaCroix, and Malcom Chapman. Absent: Karen Gundersen Olson. (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 September 2, 2009 Motion was made by LaCroix, second by Chapman, and carried to approve the minutes of the September 2, 2009, Legal and Finance Committee. Adoption of the Agenda Motion was made by Chapman, second by LaCroix, and carried to adopt the agenda with the following additions: 5a) No. LF Confirm Appointment of Barb Collins and Doug Kinninburgh to the Planning Commission 5b) No. LF Confirm Appointment of Roger Hall, Suzanne Martley, Timothy Roach, Aaron Sanders, Eirik Heikes, Jessica Miller, Cynthia Matson, Karen Gundersen Olson, Patti Martinson, and Gunar Dzintars to the Green City Task Force 16a) No. LF Approve Travel Request for Tim Behlings and Rich Broderick to attend American Fire Sprinkler Association seminar in Dallas TX, October 4-6, 2009, in the Approximate Amount of $2,800 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 LaCroix moved to approve Travel Request for Mayor Hanks, Karen Gundersen Olson, and Malcom Chapman to attend South Dakota Municipal League Annual Conference in Watertown, SD, October 6-9, 2009, in the approximate amount of $2, Second by Hadcock. Motion carried. Place item on No. LF Hadcock moved to confirm reappointment of Richard Dunkelberger and Craig Christianson and the appointment of Michelle Lamphere and Kelly Knutson to the BID 1

2 Board. Second by Chapman. The Mayor said this will expand the Board from five members to seven members. It was running into problems getting a quorum a lot of times with just the five members. A vote was taken and the motion carried. Place item on No. LF Chapman moved to confirm appointment of Gary Brown to the Annexation Sub Committee. Second by Hadcock. Motion carried. Place item on Community Resources Director Kevin Thom told the Committee that his department has spent the last few months working with Midwest Marketing on updating the City s website. The new website will be easier to navigate and will contain a lot more information. IT Officer Russ Tiensvold gave a short presentation on the new website to the Committee. Chapman moved to acknowledge the presentation of the updated City website. Second by Hadcock. Motion carried. Place item on No. LF Chapman moved to confirm appointment of Gary Brown to the Tax Increment Financing Committee to replace Tom Hennies. Second by Hadcock. Motion carried. Place item on No. LF Chapman moved to confirm appointment of Barb Collins and Doug Kinninburgh to the Planning Commission. Second by Hadcock. Motion carried. Place item on No. LF Chapman moved to confirm appointment of Roger Hall, Suzanne Martley, Timothy Roach, Aaron Sanders, Eirik Heikes, Jessica Miller, Cynthia Matson, City Council members Karen Gundersen Olson and Patti Martinson, and Energy Plant Manager Gunar Dzintars to the Green City Task Force. Second by Hadcock. Motion carried. Place item on ITEMS FROM ALDERMEN AND COMMITTEE REPORTS No. LF LaCroix moved to approve Human Relations Commission bylaws. Second by Hadcock. Motion carried. Place item on Chapman said he would like to include the next round of 2012 projects somewhere in the mix of the discussions regarding the ongoing issues in the City so that it does not get lost. He would like the Mayor s office to put together a timeline for when the 2012 items need to be approved and then schedule the appropriate meetings prior to that time so that it moves forward in a timely manner. Hadcock moved to acknowledge discussion on future 2012 dates. Second by LaCroix. Motion carried. Place item on POLICE DEPARTMENT No. LF A Chapman moved to take approval of new Special Event Application to the September 21, 2009, City Council meeting without recommendation. Second by Hadcock. Motion carried. 2

3 No. LF Hadcock moved to approve Event Permit for Black Hills Symphony Orchestra for free parking near the First United Methodist Church on Saturday, January 30, Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Event Permit for United Blood Services for free parking. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Event Permit for Destination Rapid City Fall Festival to be held October 2-3, Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Travel Request for Bill Parsons and Steve Neavill to attend Polygraph Conference in San Diego, CA, December 6-11, 2009, in the approximate amount of $3, Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to accept grant award for Internet Crimes against Children Recovery Act 2009 in the amount of $9,000. Second by Chapman. Chief Allender said this item deals with the State Internet Crimes Against Children Task Force. The State received nearly half a million dollars to facilitate this, and the remainder is going out to specific agencies. The Rapid City Police Department is getting $9,000. The grant will be used to prevent child pornography and people on the internet looking for underage childen. Motion carried. Place item on No. LF Chapman moved to accept Special Event Enforcement Grant in the amount of $62,868. Second by Hadcock. Motion carried. Place item on No. LF Chapman moved to accept DUI Enforcement Grant in the amount of $140,000. Second by Hadcock. Motion carried. Place item on FIRE DEPARTMENT No. LF Hadcock moved to authorize staff to advertise for bids for a siding replacement project for Fire Stations 4 and 5. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Travel Request for Tim Behlings and Rich Broderick to attend American Fire Sprinkler Association Conference in Dallas, TX, October 4-10, 2009, in the approximate amount of $2,800. Second by Chapman. Motion carried. Place item on FINANCE DEPARTMENT No. LF Chapman moved to approve Second Reading and Recommendation of Ordinance No Regarding Supplemental Appropriation No. 5 for Second by Hadcock. Motion carried. 3

4 No. LF A Hadcock moved to approve Second Reading and Recommendation of Ordinance 5533 Annual Appropriation Ordinance for FY 2010 with the following amendments: reduce the projected revenue from property tax by $369,224; transfer $650 from the Rapid City Police Department line item 4251 (repairs rolling stock) to the Mayor s budget; transfer $2,700 from the Rapid City Police Department line item 4262 (fuel) to the Mayor s budget; and transfer $1,350 from the Rapid City Police Department line item 4226 (interdepartmental charges) to the Mayor s budget. Second by Chapman. Motion carried. No. LF Hadcock moved to approve Resolution No Declaring Property Surplus. Second by Chapman. Motion carried. Place item on COMMUNITY RESOURCES No. LF Hadcock moved to approve Travel Request for Angela Tallon to attend Writing Advanced Geoprocessing Scripts Using Python in Broomfield, CO, December 7-11, 2009, in the approximate Amount of $2,375. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to authorize Mayor and Finance Officer to sign Contracts for Fiscal Year 2009 Community Development Block Grant Sub-recipient Community Health Center of the Black Hills. Second by Chapman. Motion carried. Place item on consent calendar No. LF Hadcock moved to authorize Mayor and Finance Officer to sign Contracts for Fiscal Year 2009 Community Development Block Grant Sub-recipient The Salvation Army. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2008 Community Development Block Grant Recovery Funds, The American Recovery and Reinvestment Act of 2009, Sub-recipient Bethel Assembly of God. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2008 Community Development Block Grant Recovery Funds, The American Recovery and Reinvestment Act of 2009, Sub-recipient Rural America Initiatives. Second by Chapman. Motion carried. Place item on PUBLIC WORKS DEPARTMENT No. LF Hadcock moved to approve Travel Request for Don Brumbaugh to attend South Dakota Municipal Street Maintenance Association Meeting at the South Dakota Municipal League Conference October 8-9, 2009, in the approximate amount of $ Second by LaCroix. Motion carried. Place item on PARKS AND RECREATION DEPARTMENT No. LF Chapman moved to approve Travel Request in the amount of $1,940 for 14 City staff members to attend the 2009 Annual SD Parks and Recreation Association Annual 4

5 Conference to be held in Rapid City at the Rushmore Plaza Holiday Inn, September 29-October 1, Second by LaCroix. Motion carried. Place item on CITY ATTORNEY S OFFICE No. LF Chapman moved to authorize Mayor and Finance Officer to sign Master Development Agreement with St. Joe Investment Group, LLC. Second by LaCroix. Chapman said he and LaCroix were both part of this working group. Everyone came with the spirit of getting this done. City Attorney Jason Green set forth the highlights of the agreement. He said there will be a number of agreements that will follow. This initial agreement basically sets out the road map to get to the point where the development group can begin constructing the facility. New Markets Tax Credits are an important part of this agreement. It will involve an exchange of property. The parking lot presently owned by the City at 6th and St. Joseph Street will be exchanged for a vested right to receive fee title to a minimum of 350 public parking spaces within the project at the conclusion of the lease term under a condominium or similar legal arrangement. During that duration, the City will have a $1 a year lease for those parking spots and will be entitled to all revenue generated from them. The City will make available $2.8 million of 2012 funds and up to $5 million in tax increment financing. There will be a reallocation of line items in the TIF but no change to the base. Also, the City will be a co-applicant. Pat Goetzinger, legal counsel for The St. Joe Investment Group, congratulated the City for working with his group to make this a reality. He said a lot of good ideas were brought to the table. This agreement represents the first of many steps to get to the reality of breaking ground. After further discussion, a vote was taken and the motion carried. Place item on consent calendar No. LF Chapman moved to authorize Mayor and Finance Officer to sign Agreement for Professional Services between City of Rapid City, Soccer Rapid City and FourFront Design, Inc. Second by LaCroix. Motion carried. Place item on No. LF LaCroix moved to authorize Mayor and Finance Officer to sign Professional Services Agreement between the City of Rapid City, The Alliance of Tribal Tourism Advocates and Wyss Assoc., Inc. for Design Services Related to Pow Wow Gardens and Art Market. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Resolution (No ) of Intent to Enter Into Lease of Land with Soccer Rapid City Pursuant to SDCL Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Resolution (No ) of Intent to Enter into Lease of Land with The Alliance of Tribal Tourism Advocates. Second by Chapman. Motion carried. Place item on No. LF Hadcock moved to approve Second Reading and Recommendation of Ordinance No Allowing Department Directors to Enter into Contracts up to $25,000 with a Single Vendor Without Prior City Council approval by Amending Section of the Rapid City Municipal Code. Second by Chapman. Motion carried. 5

6 No. LF LaCroix moved to approve Introduction and First Reading of Ordinance No to Provide a Dual Notice Provision for Chapter 8.16 of the Rapid City Municipal Code Relating to Nuisances. Second by Hadcock. Community Resources Director Kevin Thom said they have been working with the Mayor s office and council members regarding changes to the code enforcement ordinances. They have also put in place a new data base to help track complaints. Judge Davis and City Attorney Green worked together to create a new citation to go with these new ordinances. The citations can be issued to both the property owner and the occupant of the residence and will be issued by the Police Department. Hopefully this will take care of some of the chronic violators and will also help get compliance quicker. They have also created a door hanger to educate the public. Proactive code enforcement that was previously limited will be lifted. After further discussion, a vote was taken and the motion carried. No. LF LaCroix moved to approve Introduction and First Reading of Ordinance No Amending Chapter 8.28 of the Rapid City Municipal Code Relating to Grass and Weeds. Second by Hadcock. Motion carried. No. LF LaCroix moved to approve Introduction and First Reading of Ordinance No to Revise the Method of Removal of Junk Motor Vehicles from Private Property by Amending Chapter of the Rapid City Municipal Code. Second by Hadcock. Motion carried. No. LF LaCroix moved to approve Introduction and First Reading of Ordinance No to Provide a Penalty for Failure to Remove Snow and Ice from Sidewalks by Amending Section of the Rapid City Municipal Code. Second by Hadcock. Motion carried. No. LF LaCroix moved to approve Resolution No to Lift Restrictions on Proactive Code Enforcement. Second by Hadcock. Motion carried. Place item on consent calendar No. LF Hadcock moved to acknowledge raffle request from Rapid City Jaycees. Second by LaCroix. Motion carried. There being no further business, Hadcock moved to adjourn the meeting at 1:30 p.m. Second by LaCroix. Motion carried. 6