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LEGAL AND FINANCE COMMITTEE MINUTES ... - City of Rapid City

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					                       LEGAL AND FINANCE COMMITTEE MINUTES
                               Rapid City, South Dakota
                                    June 27, 2001

A Legal and Finance Committee meeting was held at the City/School Administration Center in
Rapid City, South Dakota on Wednesday, June 13, 2001, at 3:30 P.M.

Finance Officer Jim Preston and the following Alderpersons were present: Alan Hanks, Tom
Johnson, Tom Murphy, Babe Steinburg, Martha Rodriguez, Bill Waugh, Ron Kroeger, Ray
Hadley, and Rick Kriebel, and Mel Dreyer. Absent: None.

ITEMS FROM AIRPORT

LF062701-01 - Hanks moved to Approve Travel Request for Russell Bordeaux and Doug Berg
to attend Basic Airport safety & Operations Specialist School in Chicago, Illinois, from 8/11/01
to 8/16/01 in the amount of $3,290.50. Second by Rodriguez. Motion carried. Place item on
Consent Calendar

POLICE DEPARTMENT

LF062701-09 - Hanks moved to Authorize Mayor and Finance Officer to Sign Agreement for
Drug Elimination and Crime Prevention Program. Second by Dreyer. A vote was taken with
Kriebel voting "no".

ITEMS FROM PLANNING

01OA004 - Kriebel moved to Continue Second Reading and Recommendation of Ordinance
No. 3683 Amending Chapter 15.40 of the Rapid City Municipal Code by Adding Section
15.40.05, Amending Section 15.40.20 by Adding Subsections 15.40.20(b) and 15.40.20(c),
Amending Section 15.40.30 by Adding Subsections 15.40.30(b) and 15.40.30(c) and Amending
Section 15.40.40 by Adding Subsections 15.40.40(b) and 15.40.40(c) Pertaining to Retaining
Walls and Fences to the July 11, 2001, Legal and Finance Committee agenda. Second by
Hanks. Motion carried.

LF062701-02 - Dreyer moved to Authorize staff to proceed with involuntary annexation for the
Cambell East Area. Second by Hanks. Motion carried. Place item on Consent Calendar

01DI001 - Kroeger moved to Authorize staff to work with the landowners on LaCrosse Street
and set up a pilot project regarding tourist-oriented directional signing on right-of-way to
determine how it works. Second by Hanks. Motion carried. Place item on Consent Calendar

01OA007 - Hanks moved to Approve Introduction and First Reading of Ordinance No. 3690
Amending Subsections (S), (T), and (U) of Section 17.50.060(E) of Chapter 17.50 of the Rapid
City Municipal Code by Adding "Building or Structure Elevation Drawings" to the List of
Information Required from Applicants for Planned Developments; and, Amending Subsection
A(1) of Section 17.54.030(A.1) of Chapter 17.54 of the Rapid City Municipal Code by Adding
"building or Structure Elevation Drawings" to the Application Requirements and the Criteria for
Review for use on Review Applications. Second by Rodriguez. Motion carried.
LEGAL AND FINANCE COMMITTEE MINUTES
June 27, 2001
Page 2

01OA006 - Dreyer moved to Approve Introduction and First Reading of Ordinance No. 3691
Amending Sections 17.16.020(17); 17.18.020(12); 17.18.030(29); 17.22.020; 17.22.030(J);
17.24.020B(2); 17.24.030(C); and Adding Section 17.50.380 to Chapter 17.50 of the Rapid City
Municipal Code Regarding Off-Premise Signs as Uses on Review. Second by Hanks. Hank
Sponder said this ordinance will benefit only one company in Rapid City. Hanks said all this
ordinance does is add an additional step and give the public the opportunity to be informed on
where billboards might be placed. Brendan Casey of Bear Country USA and Epic Outdoor
Advertising said billboards are the most effective form of advertising. He believes this is a
delayed overreaction to a problem that existed last year and the problem has been corrected.
After further discussion, a vote was taken with Johnson, Rodriguez, Kriebel, Steinburg, Dreyer,
and Kroeger voting "no".

LF062701-03 - Dreyer moved to Approve Travel Request Amendment for Don Jarvinen in the
amount of $220.94. Second by Rodriguez. Motion carried. Place item on Consent Calendar

LF062701-04 - Waugh moved to Approve Joint Resolution Establishing Addressing Standards.
Second by Murphy. Motion carried. Place item on Consent Calendar

Hanks moved to Approve Travel Request Amendment for Don Jarvinen to attend the ESRI Users
Conference in San Diego, California, from July 9-13, 2001, in an additional amount of $100.
Second by Waugh. Motion carried. Place item on Consent Calendar

ITEMS FROM FINANCE

LF062701-05 - Kroeger moved to Approve expenditure in the amount of $4,125 from the CIP
Contingency Fund for cost over-runs and permit fees for the Canyon Lake Little League Parking
Lot Project. Second by Waugh. Hanks said he would be voting against this based on the fact
that he doesn't think it's appropriate when the Canyon Lake Little League stated that they would
be willing to pick up any overruns. A vote was taken with Hanks voting "no".

LF062701-06 - Kroeger moved to Authorize Mayor and Finance Officer to sign Contract with C
& N Sales SD, Inc. for placement of up to three vending machines at the Barber Transportation
Building. Fifty percent of the gross will be deducted for the cost of the product. A forty percent
commission will be paid to the City on the remaining balance. The City will receive forty percent
of the gross on video machines where there is no product involved. Machine placement must be
approved by Rich Sagan, building manager. Second by Hanks. Motion carried. Place item on
Consent Calendar

LF062701-07 - Kroeger moved to Approve Resolution Declaring Property Surplus. Second by
Murphy. Motion carried. Place item on Consent Calendar
LEGAL AND FINANCE COMMITTEE MINUTES
June 27, 2001
Page 3

ITEMS FROM PERSONNEL

LF062701-08 - Kroeger moved to Authorize Mayor and Finance Officer to sign Certification
Statement that City is in compliance with DOT drug and alcohol regulations. Second by Murphy.
Motion carried. Place item on Consent Calendar

ITEMS FROM CITY ATTORNEY

LF061301-07 - Hanks moved to Approve Second Reading and Recommendation of Ordinance
No. 3676 Amending Section 12.20.020 of the Rapid City Municipal Code by Deleting the
Sunset Provision Relating to Certain Signs and Facilities to be Placed Upon Certain Sidewalks
under Certain Conditions When Authorized by the City Council. Second by Murphy. Motion
carried.

LF061301-14 - Dreyer moved to Approve Second Reading and Recommendation of Ordinance
No. 3684 Amending Section 15.28.20 of Chapter 15.28 of the Rapid City Municipal Code by
Adding Murals to Definitions and Adding a New Section 15.28.205 Relating to Murals. Second
by Murphy. Adam Altman, Assistant City Attorney, said he would recommend that this be
continued for two weeks so he can have a chance to review this with Mr. Hanks. A substitute
motion was made by Hanks, seconded by Murphy, and carried to continue this item to the July
11, 2001, Legal and Finance Committee agenda.

LICENSES

Kriebel moved to Approve the Following Licenses: Electrical Apprentice: Eric Bresee, Joshua
Carpenter, Todd Hochstein, James Leuthold, Cody Minnerath, William Paradis, Kaleb Schipke,
Ryan Thomas; Electrical Journeyman: Robert W. Butler, Jr., Steve Reimer; Mechanical
Apprentice: Jeff Adam, Justin Burke, Randy T. Palmer; Plumber: Brian Huckins, Michael Keller;
Plumbing Apprentice: Roger Davis; Residential Contractor: Integrity Housing, Aaron Marshall;
LeBean Construction, Tom M. LeBeau; Journeyman Sewer & Water Installer: Chris Garro,
Warren Jaasund, Dale Raish, Thomas Schumacher; Trenching Journeyman: James Allen, Lee
Ammons, Chad Coleman, Marcia Field, Jerry Garner, Steven Gaskill, Roger McKee, Kevin
Miller, Kevin Paugh, Paul Tedford, Jerry Thompson, Rick Wieczorek; Trenching Contractor:
Nancy Flagler, Flagler Trucking, Construction & Excavation; Ben Manegold, Diamond
Directional Services; Tim Ross, Cable Constructors, Inc.; Don Williams, Cable Communication
Services; Sign Contractor: Tri-City Sign Co., Inc., Tim Marchese. Second by Hanks. Motion
carried. Place item on Consent Calendar

SPECIAL ITEMS AND ITEMS FROM VISITORS

Scott Miller said he is concerned about adult movie video covers being displayed to children in
video stores. There are sexually explicit adult movies being displayed at approximately 36 to 48
inches off the floor. The owner of one particular video store said he is not required to display
these in an area designated for adults only. These movies are marked not rated or unrated. Mr.
Miller proposes that these materials be placed in an area marked for adults only if the stores are
going to carry them. He believes the City should enact a municipal code to address this issue.
LEGAL AND FINANCE COMMITTEE MINUTES
June 27, 2001
Page 4

Jason Green, Assistant City Attorney, said there are state laws that are very narrowly drawn
because of the Supreme Court's dictates regarding the First Amendment. The City ordinances
track state law very closely, and they relate to basically the display of what is classified as
obscene material. The owner of this particular video store informed Jason that nothing is
displayed within the realm of obscene. Murphy agrees with Mr. Miller and thinks the business
owners should be more responsible. Jason said there is a City ordinance that requires that
material that is obscene be in either a partitioned-off or walled-off room that's marked adult
material only, but that only applies to what is actually there on the cover. Kriebel said he knows
other states address this, and he's not sure to what extent the City can deviate from state law.
There are ways to do this, and he would be willing to check on this matter. He would like to see
a committee formed to look into this while it's still not a big problem. Tamara Pier said a
suggestion would be to write a letter to this video store and say there has been a complaint
about the location and ask them to take this into account as far as their display of these kinds of
video tapes. This is a huge issue and could be very time consuming. It is also a very difficult
issue as far as regulation.

ITEMS FROM COUNCIL MEMBERS

Tom Murphy asked Tamara if it is possible for the City to fine people who are blocking
mailboxes during the day. Tamara said she would check into this and come up with some
different alternatives.

ITEMS FROM MAYOR

Hanks moved to Approve appointment of Jeff Stone and Sam Quaker to the Rapid City Planning
Commission. Second by Dreyer. Motion carried. Place item on Consent Calendar

Meeting adjourned at 4:30 p.m.

				
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