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LEGAL AND FINANCE COMMITTEE MINUTES Rapid City_ South

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LEGAL AND FINANCE COMMITTEE MINUTES Rapid City_ South Powered By Docstoc
					                       LEGAL AND FINANCE COMMITTEE MINUTES
                               Rapid City, South Dakota
                                  December 30, 2002


A Legal and Finance Committee meeting was held at the City/School Administration Center in
Rapid City, South Dakota, on Wednesday, December 30, 2002, at 2:00 p.m.

The following Alderpersons were present: Alan Hanks, Tom Johnson, Tom Murphy, Sam
Kooiker, Bill Waugh, Ray Hadley, Ron Kroeger, Martha Rodriguez, and Mel Dreyer. Absent:
Rick Kriebel.

POLICE DEPARTMENT

LF123002-01 - Hanks moved to Authorize Mayor and Finance Officer to sign Agreement for
Independent Contractor Services with Dr. Robert Looyenga. Second by Waugh. Motion carried.
Place item on Consent Calendar

LF123002-02 - Hanks moved to Authorize Mayor and Finance Officer to sign Agreement for
Independent Contractor Services with Dr. Jack Gaines. Second by Rodriguez. Motion carried.
Place item on Consent Calendar

FIRE DEPARTMENT

LF123002-03 - Hanks moved to Authorize Mayor and Finance Officer to sign Commercial
Lease Agreement. Second by Rodriguez. Motion carried. Place item on Consent Calendar

ITEMS FROM PLANNING

02OA019 - Johnson moved to Approve Second Reading and Recommendation of Ordinance
No. 3897 Establishing Automobile Sales and Display Areas as Permitted Uses in the SC2
Community Shopping Center Zoning District by Amending Subsection (B)(1) of Section
17.32.020 of the Rapid City Municipal Code. Second by Rodriguez. Motion carried.

ITEMS FROM COMMUNITY DEVELOPMENT

LF123002-04 - Rodriguez moved to Authorize Mayor and Finance Officer to sign Agreement for
Independent Contractor Services with Educational Leadership & Evaluation. Second by Dreyer.
Motion carried. Place item on Consent Calendar

ITEMS FROM FINANCE

LF123002-05 - Dreyer moved to Authorize Mayor and Finance Officer to sign Agreement with
SimplexGrinnell to conduct a biennial test of the smoke detectors at the Dahl Center. Second by
Waugh. Motion carried. Place item on Consent Calendar
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 2

LF111302-09R - Dreyer moved to Approve Second Reading and Recommendation of
Ordinance No. 3893 Establishing a Municipal Recreation Board by Adding Chapter 2.88 to the
Rapid City Municipal Code. Second by Rodriguez. Kooiker asked what the purpose is of
having a board. Is it to advise the Council on policy or is it to supervise the day-to-day activities
of the director? Jim Preston said originally this was a policymaking board but the Council
changed this to an advisory board. Johnson said this would directly affect the director of golf and
maybe even the ability to hire a director of golf. This could also affect the recent legislation on
the creation of the department of golf. He will not be supporting this. Hanks told the Committee
that the concept is to create a separate department of recreation director. The director of golf
will maintain his current status as a division manager. The board that would advise the director
of recreation would do just that. Through doing this, they would also be advising the Council. He
said this would not impact the department of golf. Waugh said it does affect the position of
director of golf. If we pass this ordinance and create a recreation department, it takes the
director of golf from a department head to a division head. He has a problem with placing the
golf courses under the recreation department. Kooiker said he thinks golf should be a part of the
recreation department. He thinks we need to take a second look at this proposal. Adam Altman
told the Committee that the golf ordinance creates a department head level director of golf. This
ordinance does not repeal that. He said it might be beneficial to clarify how the Committee
wants the duties broken up so there is no confusion. Hanks said he thinks golf needs to be
rolled underneath the recreation department. The Mayor said he has a concern about making
the director of golf and the director of recreation department head level positions. We would be
spending a lot of additional money to accomplish what we are accomplishing today. Jim
Preston said there is a two grade difference ($6,000) between a division head and a
department head. Adam Altman said the golf ordinance does not specifically state "department
head." It states the same method of appointment as all the other department heads. Kooiker
moved to Direct staff to look at this ordinance and change it to reflect that the golf director shall
be made a division head and report to the head of the recreation department and bring it back to
the January 15, 2003, Legal and Finance Committee meeting. Second by Johnson. Hanks said
he would like to see this move forward as soon as possible. This has already been continued for
weeks. A second substitute motion was made by Hadley, seconded by Johnson, and carried to
take this to the January 6, 2003, Council meeting without recommendation and direct staff to
address Kooiker's concerns. Place item on Consent Calendar

LF123002-06 - Hanks moved to Approve Resolution Establishing 2003 Golf Course Fees.
Second by Rodriguez. Motion carried. Place item on Consent Calendar

LF123002-16 - Jim Preston gave the Committee an update on the audio-video project in the
Council chambers. Hanks moved to Approve the audio-video final update and authorize staff to
go out for bids contingent upon school board approval on January 14, 2003. Second by Murphy.
Motion carried. Place item on Consent Calendar

ITEMS FROM CITY ATTORNEY

LF121102-19 - Dreyer moved to Approve Second Reading and Recommendation of
Ordinance No. 3895 Amending the Adopted Uniform Building Code by Adding Section
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 3

15.12.025 to Chapter 15.12 of the Rapid City Municipal Code Relating to Appeals. Second by
Murphy. A substitute motion was made by Hanks, seconded by Rodriguez and carried to
approve Second Reading and Recommendation of Ordinance No. 3895 Amending the
Adopted Uniform Building Code by Adding Section 15.12.025 to Chapter 15.12 of the Rapid
City Municipal Code Relating to Appeals by striking Section 105.2. A vote was taken with Tom
Johnson voting "no."

LF121102-20R - Hadley moved to Approve Second Reading and Recommendation of
Ordinance No. 3896 Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to
Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal
Code. Second by Hanks. Motion carried.

LF123002-07 - Rodriguez moved to Approve Introduction and First Reading of Ordinance No.
3898 Amending Section 2.72.030 of Chapter 2.72 of the Rapid City Municipal Code Relating to
Appointment and Removal of Board Members (Airport). Second by Waugh. A substitute
motion was made by Kooiker, seconded by Johnson, and carried to continue this until we have
received all of the opinions back from the Attorney General's office. Motion was made by
Hanks, seconded by Waugh, and carried to reconsider this item. Hanks moved to Continue this
item to the January 15, 2003, Legal and Finance Committee meeting. Second by Waugh.
Motion carried.

LF123002-08 - Waugh moved to Continue Introduction and First Reading of Ordinance No.
3899 Amending Section 2.76.030 of Chapter 2.76 of the Rapid City Municipal Code Relating to
Appointment and Removal of Board Members (Civic Center) to the January 15, 2003, Legal
and Finance Committee meeting. Second by Rodriguez. Motion carried.

LF123002-09 - Kookier moved to Approve Introduction and First Reading of Ordinance No.
3900 Amending Chapter 1.16 of Title 1 of the Rapid City Municipal Code by Changing the Title
and by Establishing the Official Election Date for Municipal Elections by Adding Section
1.16.020. Second by Johnson. A substitute motion was made by Rodriguez and seconded by
Murphy to hold the 2003 election on the second Tuesday in April and to move the election date
beginning in 2004 back to April. A roll call vote was taken with Murphy and Rodriguez voting
"yes" and Kooiker, Johnson, Waugh, Hadley, Dreyer, and Hanks voting "no." Johnson said he
thinks there is good reason to move the elections to June. Dreyer and Hadley agreed. The
Mayor said he would like the Council to make a decision and make it be final. He does not
think we should bounce back and forth. A roll call vote was then taken on the original motion
with Kooiker, Hanks, and Murphy voting "yes" and Johnson, Waugh, Hadley, and Rodriguez
voting "no." A substitute motion was made by Hadley and seconded by Johnson to move the
municipal elections to the first Tuesday in June. Murphy said it is his understanding that there is
a problem with the county in holding our elections in June. Hanks said this would really confuse
people. Kooiker said this was passed by resolution and now we would have to change the
resolution. A second substitute motion was made by Rodriguez and seconded by Murphy to set
the 2003 election for the first Tuesday in April. A roll call vote was taken and carried with
Kooiker, Kroeger, Hanks, Murphy, and Rodriguez voting "yes" and Johnson, Waugh, Hadley,
and Dreyer voting "no."
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 4


Adam Altman told the Committee that the language regarding one ton vehicles is basically a
meaningless designation unless you are talking about a Ford, General Motors, or Dodge. The
attorney's office tried to come up with some language that would be a little clearer.
Unfortunately, there are a lot of different considerations. He showed the Committee some
pictures of different trucks and asked the Committee to tell him whether they were okay or not.
The attorney office's initial idea was to use GVWR but that would allow some vehicles to be
parked in neighborhoods that might not be acceptable. On the other hand, it would simplify
things by using the GVWR. He is looking for some direction. Based on the discussion, Adam
said the City Attorney’s office would try to come up with an ordinance. Jim Clark said some
problems that he can see from an enforcement standpoint is that the utility companies would not
be able to drive their vehicles home if they are on call. If you start making exceptions, there is
no where to stop.

LF123002-14 - Rodriguez moved to Authorize Mayor and Finance Officer to sign Lease with
Youth and Family Services. Second by Waugh. Tom Johnson said he thinks we need to
determine either by formal appraisal or freeholders on property that we are going to acquire. A
substitute motion was made by Johnson and seconded by Kooiker to continue this to the
January 15, 2003, Legal and Finance Committee meeting so this could be done. Kroeger said
he thinks there was an appraisal done within the last year and a half. A second substitute
motion was made by Rodriguez, seconded by Waugh, and carried to take this item to the
January 6, 2003, Council meeting without recommendation.             Place item on Consent
Calendar

LF123002-15 - Johnson moved to Take authorization for Mayor and Finance Officer to sign
Real Estate Purchase Agreement to the January 6, 2003, Council meeting without
recommendation. Second by Waugh. Motion carried. Place item on Consent Calendar

ITEMS FROM RSVP

Frank O’Grady came before the Committee on behalf of the RSVP to request help with funding
for fingerprinting and background checks on volunteers in the school district. There are currently
28 volunteers working with at risk children in literacy at three schools. The cost of this
fingerprinting and background check is $43 per volunteer. The Police Department has waived
their fee of $10. Total cost is $924. The School Board has no funding to help. Hanks said it is
a wonderful program but it is for the benefit of the schools. Rodriguez agreed. Rodriguez
moved to deny. Second by Hanks. The Mayor suggested that perhaps we could pay it for this
one year only and in the future ask Weed & Seed to consider it as a normal item for them. A roll
call vote was taken with Johnson, Dreyer, Hanks, Murphy, and Rodriguez voting “yes” and
Kooiker, Waugh, Hadley, and Kroeger voting “no. Motion passed. Hanks moved to reconsider.
Second by Waugh. Motion carried. Hanks moved to approve half of the dollar amount with the
stipulation that the school pay the other half for 2003, said funds to come from the Council
Contingency. Second by Rodriguez. A roll call vote was taken with Dreyer, Hanks, Murphy, and
Rodriguez voting “yes” and Kooiker, Johnson, Waugh, Hadley, and Kroeger voting “no.” Motion
failed. Rodriguez moved to reconsider this item. Second by Waugh. Motion carried.
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 5

Rodriguez moved to approve payment of $924 with the funds coming from Council
Contingency. Second by Waugh. A vote was taken with Hanks voting “no.”
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 6

REFUNDS AND ABATEMENTS

LF123002-10 - Rodriguez moved to Approve the following abatement: Black Hills Corporation,
2001, $2,064.30. Second by Waugh. Motion carried. Place item on Consent Calendar

LICENSES

Murphy moved to Approve the following licenses: Central Station Service: ADT Security
Services, Inc., Sherry McInnes (West Henrietta, NY); ADT Security Services, Inc., Sherry McInnes
(Aurora, CO); ADT Security Services, Inc., Sherry McInnes (Kansas City, MO); ADT Security
Services, Inc., Sherry McInnes (Bradenton, FL); ADT Security Services, Inc., Sherry McInnes
(Papillion, NE); All American Monitoring, Robert J. Keefe; Central Station Incorporated, Mary
Jones; Electro Watchman, Inc., Dick Bertram; Vector Security, Inc., Jim Simons; Commercial
Refuse: A & C Kieffer Sanitation, Inc., Alan & Cliff Kieffer; Electrical Apprentice: Steve Backen,
Patrick Beem, Dustin Beranek, Michael Blue, Harlan Bossman, Eric Bresee, Jeremy Cook,
Ronald Foster, Matt Gearhart, James Gregory, Philip Hawki, David A. Hodina, Chad Jensen,
Chad M. Kepler, Jerred Kerner, Tim Kubo, Cory G. Levin, Jeramy D. McCully, Nathan Millard,
Cody Minnerath, Dustin Namanny, Kenneth Nelson, Jay Noteboom, Justin Rantapaa, Troy
Riegel, Dana Ringgenberg, Lee Steenberg, Ryan Swanson, Travis Turbak, Dan Udager, Greg
Van Osdel, Brian K. Voorhees, Nathan Weidner, James Wilson; Electrical Contractor:
Advanced Electrical, Inc., Thomas J. Gagliano; Arne Electro-Tech, Steven Arne; Barry's Electric
Service, Inc., Barry Tolsma; Baumgartner's Consulting, Kevin Baumgartner; City of Rapid City,
Gerald W. Nuber; H/N Electric, Terry N. Haskell; MLH Electric, William Herbst; Mick's Electric,
Michael "Mick" Nagel; Morford Electric, Donald Morford; Inactive Master Electrician: Harlan E.
Nielsen; Master Electrician: Steven Arne, Kevin Baumgartner, Robert Baumiller, Thomas J.
Gagliano, Bernard Hall, Dean Hartford, Terry N. Haskell, William Herbst, Jeffrey Larus, Donald
Morford, Michael R. Nagel, Gerald W. Nuber, Barry Tolsma; Gas Contractor: Dave J. McCarthy,
McCarthy Services; Journeyman Electrician:           Daniel D. Anderson, Tyler Bayne, John
Breckenridge, Mark Brodrick, Daniel W. Cook, Clint Hansen, Jerry Harp, Scott Harris, Rick
Harter, Rick Jensen, Jeffrey D. Johnson, Craig Kratovil, Wilbert J. Leuthold, Jr., Greg Morford,
Leo E. Rawstern, Doug Rufledt, Shawn Shannon, Mike Shorb, Vic Sprenger, Travis W. Swift,
Les Thayer, Michael Torres, Cody Warren, Jack A. Wenger, Jr., Joe Wolken, Calvin Yockey;
Gas Contractor: Steve Armour, Mike's Mobile Home Service; Chino Caekaert, A T Z
Maintenance & Repair; Roy Follum, Follum Supply; Quentin E. Kubas, Montana-Dakota Utilities
Co.; Duane Lassegard; Cenex Oil Company; Ronald Ryman, D & R Service, Inc.; Gas Fitter:
Justin Burke, Roland W. Fielder, Alphonse Fleck, Steve Hyk, Ken Kenitzer, Ernie Kouba, Ronald
Kramer, John B. Miller, Kevin Morris, Lonny Ryman, Loren Ryman, Ralph Schad, Wade Smith,
George Thompson, Nick Walenta, Allen Weinand; Gas Fitting Apprentice: Kevin Bad Wound,
Todd Dietrich, Darrin Esser, Nick Williams; Mechanical Apprentice: PJ Sloan; Metals and
Gems: Best Pawn, Inc., Bruce R. McKinney; Silver Mountain Coins, Jack Meyer; Mobile Home
Court: Brookdale Mobile Home Estates, Brenda Draper; Cherry Avenue Mobile Park, Don &
Marlene Kechely; Golden Acres, Terry A. Whitmyre; Hillsview Mobile Home Court, Lyle
Hendrickson; Palmer Mobile Home Court, Raymond Palmer; Pleasant Acres Mobile Home
Court, Gail V. Miller; R J Country Court, Judy Shafer, Ross Rohde; Richland Mobile Home
Estates, Dennis Frickel; Pawn Shop: Best Pawn, Inc., Bruce R. McKinney; First National Pawn,
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 7

Inc., Barbara Brown (935 E. North Street); First National Pawn, Inc., Barbara Brown (320 East
Boulevard); Residential Contractor: Bret J. Burgher, Black Hills Professional Services; Scott
Hadcock, Hadcock Construction, Inc.; Charles Pike, CP Construction; William Thompson,
Western SD Community Action; Gregory J. Whalen, Whalen Construction Co., Inc.; Second
Hand: Best Pawn, Inc., Bruce R. McKinney; Big K Furniture, Kenneth D. Sheffield; game
Exchange, Jacaline K. Sales; Haggerty's, Inc., Thomas J. Haggerty; Jack First, Inc., Martin A.
Errea; Play It Again Sports, Jim M. Thomson; sound Bytes Music, Thomas Anderson; Treasure
Chest, Shawna C. Maxfield; Security Business: Rochester Armored Car Co., Inc., Mark Clarke;
Sign Contractor: Black Hills Tent & Awning, Donald E. Mattson; Budget Signs, Lanny Iwan;
Conrad's Big C Signs, Ron Conrad; Epic Outdoor Advertising LLP, Brendan Casey; Epcon
Sign Company, Mark Lynde; Gordon Sign, Robert Monger; Imperial Signs, Inc., John Lipp;
Lamar Outdoor Advertising, Doug Rumpca; Pride Neon, Inc., George Menke; Red Letter Signs,
Andrew C. Hade; Rosenbaum's Signs, Thomas J. Farrar; Scull Construction Service, Inc.,
James L. Scull, Jr.; Sign Service & Supply, Todd Koehne; Stagecoah West Sign, Herman F.
Jones; Travel Park: Countryside RV Park, Eugene F. Boettger; Lake Park Campground and
Cottages, Sherry & Scott Nelson. Second by Dreyer. Motion carried. Place item on Consent
Calendar

SPECIAL ITEMS AND ITEMS FROM VISITORS

LF123002-11 - Dreyer moved to Deny Herman Jones - appeal from Sign Code Board of
Appeals. Second by Murphy. A roll vote was taken with Dreyer, Hanks, and Murphy voting “yes”
and Kooiker, Johnson, Hadley, and Kroeger voting “no.” Johnson moved to Take this item to the
January 6, 2003, Council meeting without recommendation. Second by Waugh. Motion carried.
Place item on Consent Calendar

ITEMS FROM COUNCIL MEMBERS

Johnson moved to Direct staff to prepare the appropriate document to grandfather in the
structures in the right of way that are located on property that has been annexed into the City,
move forward with the existing ordinance from this date forward, and bring the appropriate
document back to the January 6, 2003, Council meeting for consideration. Second by
Rodriguez. Motion carried. Place item on Consent Calendar

Kooiker moved to Take to the January 6, 2003, Council meeting without recommendation
discussion on notice from City that parking tickets issued for no tag being displayed in leased
lots Will No Longer be Dismissed. Second by Waugh. Motion carried. Place item on
Consent Calendar

ITEMS FROM MAYOR

LF123002-12 - Hanks moved to Approve appointment of Robert Warax and Bob Rothermil to
the Trenching Board. Second by Waugh. Motion carried. Place item on Consent Calendar
LEGAL AND FINANCE COMMITTEE MINUTES
December 30, 2002
Page 8

LF121102-26 - Waugh moved to Approve appointment of James Jackson & Brian Peterson to
the Downtown Historic Sign Board and reconfirm appointment of the remaining members.
Second by Rodriguez. Motion carried. Place item on Consent Calendar

LF123002-13 - Rodriguez moved to Confirm appointment of Park Owen and Mike Sabers to the
Journey Museum Board for a three-year term and reappoint Bev Schlosser to another three year
term; confirm appointment of Lon VanDeusen to the Journey Museum Board to fill the non-voting
position. Second by Waugh. A vote was taken with Johnson voting "no."

Brian Maliske told the Committee that starting last March they started looking at ideas to bring
the Civic Center into the 21st century. They originally started out looking at how they could get
new scoreboarding systems and/or new replay systems into the arena. When they discovered
that the price to do this would be somewhere around a half million dollars, they decided they
would need a little assistance. In July, they went out for an RFP to find marketing folks to assist
in marketing the Civic Center so that they could raise the dollars needed in order to implement
some of the new systems. The one that came forward was Daktronics Sports Marketing out of
Brookings, South Dakota. They came with a proposal to go out and market the Civic Center and
see how much they could raise. Some examples of what they are looking at include replay
systems, a replay camera systems, new scoreboards, new marquee outside, and advertising
within the Civic Center. The Board has voted to move forward with the proposal. They will ask
Daktronics to go out and see how many dollars they can raise.

Meeting adjourned at 3:55 p.m.

				
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