LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South ...

[Pages:8]LEGAL AND FINANCE COMMITTEE MINUTES Rapid City, South Dakota July 1, 2009

A Legal and Finance Committee meeting was held at the City/School Administration Center in Rapid City, South Dakota, on Wednesday, July 1, 2009, at 12:30 p.m.

A quorum was determined with the following members answering the roll call: Patti Martinson, Sam Kooiker, Karen Gundersen Olson, Lloyd LaCroix, 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 10, 2009

Motion was made by LaCroix, second by Olson, and carried to approve the minutes of the June 10, 2009, Legal and Finance Committee.

Adoption of the Agenda

Motion was made by LaCroix, second by Olson, and carried to adopt the agenda with the following additions:

2a) Cowboy Fast Draw Association - Request to Hold Fast Draw Contest at Cabela's on July 18-19, 2009;

7a) Olson - USTA - Best Town Grant Report; 7b) Request report on structure at Jamie Johnson field; 13a) Trash pickup; 22a) No. LF070109-33 - Event Permit Request for Rushmore Little League; 37) Add Lloyd LaCroix to the Travel Request for NLC National Summit on Your City's

Families; and 44a) Sales Tax Update.

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.

Mike Kenton of the Rapid City School District told the Committee that several members of the School Board are present. He gave the Committee a brief update on the parking and construction schedule at Central High School. He showed the Committee the concept that the School Board will be reviewing. They have received estimates but do not know what the final design will look like. Work on the proposed additions will require intrusion into the parking to the north and south of the high school. The school has been in conversations with the Mayor and the Civic Center regarding overflow parking at the Civic Center. They hope to be going out for bid shortly after the first of year for some part of the concept. They know that the Civic Center Parking Committee is reviewing a comprehensive plan, and they would like to encourage that the north portion of the Civic Center parking project be done in this asphalt season so it can be used to accommodate the parking for staff and students next spring. Olson asked if the School Board has considered limiting parking. Mr. Kinniburgh, a member of the School Board, said

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they have not specifically looked at that because the School District is not able to provide public transportation for students. Once the project is complete, there will actually be more parking spaces at Central High School than there is presently.

SPECIAL ITEMS FROM THE PUBLIC (citizen requested to be placed on agenda)

No. LF052709-01 ? LaCroix moved to continue Storybook Island Lease to the July 15, 2009, Legal and Finance Committee meeting. Second by Martinson. Motion carried.

No. LF070109-31 ? Mr. Hani Shafai of Dream Design International, Inc. said the new owners of Plum Creek have been working on the secondary access to Plum Creek and Minnesota Street. There have been a lot of obstacles. The IDPF loan was transferred to the new owners, and it states that a letter of credit be provided. The owners overlooked this requirement and provided a bond in lieu of a letter of credit. He said that the City Attorney's office has voiced its concern but this was one of the only options available. They are requesting an amendment to the IDPF agreement to accept a bond in lieu of a letter of credit. City Attorney Jason Green said it is his opinion that this would put the City in an unsecured position and that there would be other creditors that have priority over the City. He would therefore recommend against the amendment to the IDPF loan agreement. He said a bond instead of a letter of credit has not been permitted since 2001. The City does not have access to the bond because it is not a party to it. The type of bond that has been provided in this instance is a subdivision bond and is not a negotiable instrument that can be taken to the bank for cash. Chapman asked if there were other solutions to this problem. Green said the parties could enter into a subordination agreement but he doubts the bank would be willing to do that. Also, the developer could deposit the amount of the loan in cash with the City. He said he would be willing to listen to other suggestions, but he does not see another feasible option. Olson moved to deny the request. Second by Chapman. Olson said she feels like the City is in a catch 22 position, but she has to pay attention to the expertise of the City Attorney. A substitute motion was made by LaCroix to continue SSST, LLC's request to amend the Infrastructure Development Partnership Fund Agreement to the July 15, 2009, Legal and Finance Committee meeting so that the parties can explore other options. Second by Chapman. Kooiker asked if the City has allowed this type of financial instrument in IDPF loans recently, and Green replied no. Motion carried.

LF070109-34 ? City Attorney Green said Cabela's is requesting that an area at their store be designated as an authorized shooting gallery in order for the Cowboy Fast Draw Association to hold a fast draw contest there on July 18-19, 2009. A site plan would need to be reviewed by city staff and also the City would need to be provided with a certificate of liability insurance naming the City of Rapid City as an additional insured. Chapman moved to take request from Cowboy Fast Draw Association to hold Fast Draw Contest at Cabela's on July 18-19, 2009 to the July 6, 2009, City Council meeting without recommendation so that the site plan can be reviewed and the certificate of liability insurance can be provided. Second by LaCroix. Motion carried.

ITEMS FROM MAYOR

No. LF070109-01 ? Chapman moved to confirm appointment of Richard Huffman to the Rushmore Plaza Civic Center Board of Directors. Second by LaCroix. Motion carried. Place item on consent calendar

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No. LF070109-02 ? Chapman moved to take appointment of Wade Morris and Elizabeth Runquist to the Rapid City Parks & Recreation Advisory Board to the July 6, 2009, City Council meeting without recommendation. Second by LaCroix. Motion carried with Olson voting "no."

No. LF070109-03 ? Chapman moved to confirm reappointment of Gary Brown and Dennis Landguth and appointment of Erik Braun to the Planning Commission. Second by LaCroix. Motion carried with Olson voting "no."

No. LF070109-04 ? Olson moved to confirm appointment of Malcom Chapman and Bill Waugh (City Council Representatives) and Tom Hennies (Planning Commission Representative) to the Annexation Subcommittee. Second by LaCroix. Motion carried. Place item on consent calendar

ITEMS FROM ALDERMEN AND COMMITTEE REPORTS

City Attorney Green said the City does not have the authority to license payday lenders. However, the state does have some authority. Kooiker said he hopes the state will take a stronger position on regulation of payday lenders. LaCroix moved to acknowledge the report regarding licensing for payday lenders. Second by Olson. Motion carried. Place item on consent calendar

Olson told the Committee that the Parkview Tennis Courts are under construction. Phase 2 of that project includes a building and restaurant facility. This portion of the project is not scheduled at this time because of lack of funding. There was an opportunity to enter a contest for the "best tennis town" in the United States. The first place prize will be $100,000. The information for this contest has been submitted. If Rapid City wins, it will be designated as having the best outdoor tennis facilities in a five state region. Olson moved to acknowledge the report regarding the application submitted requesting designation of Rapid City as the best tennis town in America. Second by Chapman. Motion carried. Place item on consent calendar

Olson said the shed located at the Jamie Johnson field is in the flood plain. It does not have a permanent foundation. She would like to know what steps are being taken to remove that building from that site. Olson moved to continue report on shed located at the Jamie Johnson field to the July 15, 2009, Legal and Finance Committee meeting. Second by Martinson. Motion carried.

No. LF070109-32 ? Chapman moved to acknowledge report regarding status of the Sunshine Mobile Home Park. Second by Olson. Motion carried. Place item on consent calendar

Chapman said with the recent interest in the revitalization of downtown, he thinks there needs to be some sort of standard in place as to the role of the City in downtown events. He would like to start a discussion and see some sort of checklist routed so everyone involved is on the same page. Several downtown businesses spoke in favor of the downtown activities. Kooiker said he is concerned about traffic problems and would like to see the traffic engineer involved in these discussions. Chapman moved to continue discussion on downtown events to the July 15, 2009, Legal and Finance Committee meeting. Second by LaCroix. Motion carried.

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No. LF070109-05 ? LaCroix moved to acknowledge Capital Improvements Program Committee monthly update for June 2009. Second by Chapman. Motion carried. Place item on consent calendar

No. LF070109-06 ? LaCroix moved to approve the Capital Plan for Streets, Drainage, MIP Projects for June 2009 striking the Morningview Drive Reconstruction Project. Second by Olson. Motion carried. Place item on consent calendar

No. LF070109-07 ? Olson moved to approve the following 2009 Sports Facility Partnership Fund Grant Awards from the Capital Improvement Program: 1) ASA Softball, Parkview Softball Complex (shade structure) - $5,194.13; 2) ASA Softball, Parkview Softball Complex (retaining wall) - $5,500.00; and 3) Church Softball League, Whitehead Fields (outfield fence replacement) - $3,251.25. Second by LaCroix. Motion carried. Place item on consent calendar

No. LF070109-08 ? Olson moved to approve reallocation of CIP funds committed to audio visual upgrades for all pending IT projects except consultant services. Second by LaCroix. City Finance Officer Jim Preston said there was discussion about the reallocation of CIP funds committed to audio visual upgrades. The CIP Committee approved reallocation of those funds to various other projects. Chapman thinks the money should come back to CIP and go through the process again. Olson withdrew her motion. A substitute motion was made by Olson to recommend that the reallocation of CIP funds committed to audio visual upgrades for all pending IT projects except consultant services be referred back to the CIP committee for further discussion. Second by Martinson. Motion carried. Place item on consent calendar

Chapman asked what the City's procedure is when the trash pickup days are changed. Public Works Director Robert Ellis said they try the best they can to get the word out through the media. The entire year's holiday schedule can also be found online. Chapman moved to acknowledge the report regarding trash pickup schedule. Second by LaCroix. Motion carried. Place item on consent calendar

POLICE DEPARTMENT

No. LF070109-09 ? LaCroix moved to approve Event Permit for Great Black Hills Duck Race to be held on July 26, 2009. Second by Olson. Motion carried. Place item on consent calendar

No. LF061009-19 ? Police Chief Steve Allender said based on a public safety perspective and based on precedent, he is not in favor of approving the Event Permit for Uglies, Inc., d/b/a Sports Rock for street dances to be held on July 25 and August 29, 2009. City Attorney Green pointed out to the Committee that there was a memo from him in their folders regarding use of the City's public right of way. This request would violate the obligation of the City Council to hold the public right of way in trust for the benefit of the public only. He said he would advise that this request is beyond the authority of the City Council and he would also recommend denial. Olson moved to deny Event Permit for Uglies, Inc., d/b/a Sports Rock for street dances to be held on July 25 and August 29, 2009. Second by Chapman. Motion carried. Place item on consent calendar

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LF070109-10 ? Olson moved to deny Event Permit for Uglies Inc., d/b/a Sports Rock to hold street dance on September 26, 2009. Second by Olson. Motion carried. Place item on consent calendar

No. LF070109-11 ? LaCroix moved to approve Event Permit for Uglies Inc., d/b/a Sports Rock for motorcycle parking from June 17, 2009, through September 2, 2009 (Wednesdays Only). Second by Olson. Motion carried. Place item on consent calendar

No. LF070109-12 ? Mayor Hanks cautioned the Committee that the request from the Oasis Bar for motorcycle parking in front of the business August 3 through 9, 2009, will create a real nightmare as far as enforcement. He said this would be a very dangerous precedent to set. These parking spots belong to the public as a whole. After further discussion, LaCroix moved to deny Event Permit for motorcycle parking (2 or 3 spaces) in front of the Oasis at 711 Main Street August 3 through August 9, 2009. Second by Olson. Motion carried. Place item on consent calendar

No. LF070109-13 ? City Attorney Green said he would recommend denial of the request from Hotel Alex Johnson for five (5) parking spots in front of the Alex Johnson Mercantile on St. Joseph Street on Thursday evenings from 5:00 p.m. to 9:00 p.m. during the "Summer Nights' Festivals in downtown Rapid City through September for the same reason as stated above. This would essentially be giving five parking spaces to a particular business. Olson moved to deny the Event Permit. Second by Martinson. After further discussion, a substitute motion was made by LaCroix to take Event Permit for Hotel Alex Johnson for five (5) parking spots in front of the Alex Johnson Mercantile on St. Joseph Street on Thursday evenings from 5:00 p.m. to 9:00 p.m. during the "Summer Nights' Festivals in downtown Rapid City through September to the July 6, 2009, City Council meeting without recommendation. Second by Kooiker. Motion carried.

No. LF070109-14 ? Olson moved to approve Event Permit for A.S.A.P. Inc. (Red Ribbon Parade) to hold a parade on October 17, 2009. Second by LaCroix. Motion carried. Place item on consent calendar

No. LF070109-15 ? Olson moved to approve Event Permit for Central States Fair Parade to be held on August 22, 2009. Second by Martinson. Motion carried. Place item on consent calendar

No. LF070109-16 ? Martinson moved to approve Event Permit for Labor Day Parade to be held on September 7, 2009. Second by LaCroix. Motion carried. Place item on consent calendar

No. LF070109-33 ? Martinson moved to approve Event Permit for Rushmore Little League to close Herman Street between East Chicago Street and East New York Street from 4:00 p.m. to 10:00 p.m. on July 6-11, 2009. Second by LaCroix. Motion carried. Place item on consent calendar

FIRE DEPARTMENT

Martinson moved to approve ambulance rate increase of 3.3% in accordance with the regional medical CPI figures. Second by LaCroix. Motion carried. Place item on consent calendar

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GROWTH MANAGEMENT

No. 09OA002 ? Martinson moved to approve Second Reading and Recommendation of Ordinance No. 5517 Revising Permitted and Conditional Uses and Area Regulations within the Airport Zoning District by Amending Section 17.58 of the Rapid City Municipal Code. Second by LaCroix. Motion carried.

No. 09OA004 ? Olson moved to approve Introduction and First Reading of Ordinance No. 5519 Revising the Off Street Parking Requirements by Amending Section 17.50.270 of the Rapid City Municipal Code. Second by LaCroix. Motion carried.

No. LF070109-18 ? Olson moved to approve Introduction and First Reading of Ordinance No. 5521 to Create a Sidewalk Vendor Permit by Amending Subsection 12.20.020 of the Rapid City Municipal Code. Second by LaCroix. Motion carried.

No. LF070109-19 ? Olson moved to approve Introduction and First Reading of Ordinance No. 5522 to Create A Sidewalk Vendor License by Adding Chapter 5.56 to the Rapid City Municipal Code. Second by Chapman. Motion carried.

Olson moved to continue parkland dedication discussion to the July 15, 2009, Legal and Finance Committee meeting. Second by Chapman. Motion carried.

No. LF070109-20 ? Building Official Brad Solon said this Committee recommended that the request to draft an ordinance amendment to the 2006 International Residential Code to remove the requirement to field treat cut, notched and bored ends of treated wood and to change the design requirements allowing walls more than 10 feet in height and up to 12 feet in height to be constructed using a prescriptive design go to a public hearing. That hearing was held on June 11th. Several contractors and some suppliers were in attendance. The Residential Contractors Board has now recommended that the City Council authorize staff to draft an ordinance amendment. Olson moved to authorize staff to draft an ordinance amendment to the 2006 International Residential Code to remove the requirement to field treat cut, notched and bored ends of treated wood and to change the design requirements allowing walls more than 10 feet in height and up to 12 feet in height to be constructed using a prescriptive design and to have a third party engineer review the stud height design proposal. Second by Chapman. Motion carried with Kooiker voting "no."

No. LF070109-21 ? Olson moved to authorize Mayor and Finance Officer to sign the Allocation Award between the State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Certified Local Government Grant for 2009-2010 Project Number SD09-015 in the amount of $10,500. Second by LaCroix. Motion carried. Place item on consent calendar

FINANCE DEPARTMENT

No. LF061009-07 ? Martinson moved to approve Second Reading and Recommendation of Ordinance No. 5516 Regarding Supplemental Appropriation No. 4 for 2009. Second by Chapman. Motion carried.

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LaCroix moved to authorize staff to distribute an RFP for an underwriter to sell water improvement revenue bonds (approximately $37,000,000 in construction funds). Second by Chapman. Motion carried. Place item on consent calendar

LaCroix moved to approve Steve Allender, Deborah Cady, Deanna Johnson, Ed Hofkamp & Tom Vlieger as authorized signatures on the Police Investigative Fund Checking Account. Second by Chapman. Motion carried. Place item on consent calendar

No. LF070109-22 ? LaCroix moved to approve Resolution Declaring Property Surplus. Second by Chapman. Motion carried. Place item on consent calendar

COMMUNITY RESOURCES

No. LF051309-05 ? LaCroix moved to continue City of Rapid City Technology Resource Usage Policy to the July 15, 2009, Legal and Finance Committee meeting. Second by Chapman. Motion carried.

No. LF070109-23 ? LaCroix moved to approve the 2008 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant Program (CDBG). Second by Olson. Motion carried. Place item on consent calendar

No. LF070109-24 ? Martinson moved to approve Travel Request for Barbara Garcia and Lloyd LaCroix to attend the National Summit on your City's Families in Boston, MA, October 10-14, 2009 in the approximate amount of $5,015. Second by Olson. Motion carried. Place item on consent calendar

No. LF070109-25 ? LaCroix moved to approve Travel Request for Jim Ackland to attend Cityworks Software Training Session in Frisco, TX, August 17-21, 2009, in the approximate amount of $2,935. Second by Chapman. Motion carried. Place item on consent calendar

PARKS AND RECREATION DEPARTMENT

No. LF070109-30 ? Olson moved to authorize Mayor and Finance Officer to sign Addendum to Leathers & Associate Contract for Vickie Powers Park Playground Construction in an amount not to exceed $5,000. Second by LaCroix. Motion carried. Place item on consent calendar

CITY ATTORNEY'S OFFICE

No. LF040109-24A ? Olson moved to continue Introduction and First Reading of Ordinance No. 5501 to Prohibit the Feeding of Wildlife and Waterfowl in the City of Rapid City by Establishing Chapter 6.16 of the Rapid City Municipal Code to the August 12, 2009, Legal and Finance Committee meeting. Second by LaCroix. Motion carried.

No. LF070109-26 ? Olson moved to approve Introduction and First Reading of Ordinance No. 5520 to Require a Majority Vote for Election to the Offices of Mayor and Alderman by Adding Section 1.16.030 to Chapter 1.16 of the Rapid City Municipal Code. Second by Kooiker. Motion carried.

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No. LF070109-27 ? Olson moved to approve Resolution No. 2009-081 Adding Two Businesses to the Business Improvement District No. 1. Second by Chapman. Motion carried. Place item on consent calendar No. LF070109-28 ? Community Resources Director Kevin Thom said Mr. Davis has made substantial progress in cleaning up the property at 1630 Pine Street but there is still some work left to do. Chapman moved to acknowledge the work that has been done at 1630 Pine Street and to continue this item to the September 2, 2009, Legal and Finance Committee meeting for a further update. Second by Olson. Motion carried. REFUNDS AND ABATEMENTS No. LF070109-29 ? Olson moved to approve abatements for Walgar Development for 2007 for $793.22, 2008 for $9,522.96, 2007 for $50.26 and 2008 for $603.38. Second by LaCroix. Motion carried. Place item on consent calendar Mayor Hanks gave the Committee an update on sales tax. He presented a spreadsheet that showed the sales tax revenue that has been received. However, because of the installation of new software, the spreadsheet does not accurately reflect the actual amount that was collected in May. He said things should be back on track in July. Chapman moved to acknowledge the report from Mayor Hanks regarding an update on sales tax. Second by Olson. Motion carried. Place item on consent calendar There being no further business, the meeting adjourned at 3:10 p.m.

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