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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 8, 2010

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, February 8, 2010 at 7:00 p.m. ROLL CALL #5 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Jamison None. Council Member Knudson Council Member Litz Council Member Staggers Council Member Anderson Jr. Council Member Beninga Council Member Brown Council Member Costello Mayor Dave Munson INVOCATION A. CITY COUNCIL MEMBER GREG JAMISON PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA A motion was made by Council Member Knudson and seconded by Council Member Jamison to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed MINUTES A. INFORMATIONAL MEETING OF MONDAY, FEBRUARY 1, 2010, AT 4:00 P.M. B. REGULAR CITY COUNCIL MEETING OF MONDAY, FEBRUARY 1, 2010, AT 7:00 P.M. COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM SIOUX EMPIRE JAYCEES STATING ITS INTENT TO SELL RAFFLE TICKETS FROM MARCH 1, 2010 TO JULY 11, 2010 FOR A GRAND PRIZE OF A FREE ONE NIGHT STAY AT COUNTRY INN & SUITES (APPROXIMATE VALUE $85.00). TICKETS WILL BE $1.00 EACH OR $5.00 FOR SIX. THE PROCEEDS ARE TO BE USED FOR THE SIOUX EMPIRE JAYCEES CHRISTMAS FOR KIDS PROJECT. APPROVAL OF REGULAR AGENDA A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed PUBLIC INPUT DOC: SUMMARY DOC: OFFICIAL BALLOT DOC: BALLOT ADDENDUM Bill Earley, member of the Charter Revision Commission, presented the Charter Revision Commission’s report with two amendments for the April 13, 2010, Election ballot. I.L. Wiedermann, a Sioux Falls resident, spoke about fire hydrants and the need for additional markers for the fire hydrants. INTRODUCTION AND ADOPTION OF ORDINANCES 2. DEFERRED ACTION (FROM MEETING OF JANUARY 19, 2010) 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 15 1/2, FEES. Ord. 1124 A motion was made by Council Member Knudson and seconded by Council Member Litz to defer Item 2 to the City Council Meeting of Monday, March 1, 2010, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed 3. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REPEALING THE CITY'S LICENSING OF DANCEHALL ESTABLISHMENTS. Ord. 0084 A motion was made by Council Member Anderson Jr. and seconded by Council Member Knudson to adopt said Ordinance 3-10. Vote to adopt: Roll Call: Yeses, Jamison, Knudson, Litz, Staggers, Anderson Jr., Brown, 6. Noes, 0. Council Member Beninga and Council Member Costello were excused from the meeting and the vote on this item. Motion Passed. 4. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING A CITY CHARTER AMENDMENT FOR THE 2010 APRIL ELECTION THROUGH THE CHARTER PROVISION ARTICLE VIII, SECTION 8.01(B). Ord. 1142 A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Ordinance 4-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed 5. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 14-2 OF CHAPTER 14, ELECTIONS. Ord. 1141 Map: SF Precinct Map: SF Precinct change request 02/2010 A motion was made by Council Member Knudson and seconded by Council Member Jamison to adopt said Ordinance 5-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed 6. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 25 1/2, NOISE CONTROL. Ord. 1144 Ord. 1144a proposed amendment PowerPoint Presentation A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Ordinance 6-10. A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz to amend the main motion by having the "Special application type, a single event lasting no more than three consecutive days requesting extended time and/or decibel levels; the application deadline is a minimum one month prior to the event date; permit cost for 1 days is $90, for 2 days is $130; for 3 days is $170; and the past deadline fee for 1 day is $135; for 2 days is $195; and for 3 days is $255." Vote to amend: Roll Call: Yeses, Jamison, Knudson, Litz, Staggers, Anderson Jr., Beninga, Brown, 7. Noes, 0. Council Member Costello was excused from the meeting and the vote on this item. Motion Passed. Vote to adopt as amended: Roll Call: Yeses, Jamison, Knudson, Litz, Staggers, Anderson Jr., Beninga, Brown, 7. Noes, 0. Council Member Costello was excused from the meeting and the vote on this item. Motion Passed. 7. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTION 5-2.6 OF SAID CITY. Ord. 1108 A motion was made by Council Member Beninga and seconded by Council Member Anderson Jr. to adopt said Ordinance 7-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed 8. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY CREATING ARTICLE IV, RIGHT-OF-WAY ALLOWANCES IN THE CENTRAL BUSINESS DISTRICT AND ARTICLE V, EVENTS IN THE CENTRAL BUSINESS DISTRICT, ALONG WITH REVISING ARTICLE III OF CHAPTER 29 TO REVISE REFERENCE TO SIDEWALK VENDORS. Ord. 1109 Memo to Council Public Meeting Presentation (October 2009) A motion was made by Council Member Beninga and seconded by Council Member Jamison to adopt said Ordinance 2-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed Set the hearing date and 2nd Reading for Tuesday, February 16, 2010, at 7:00 p.m. for Item 9: 9. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING LOT A IN THE SW1/4 OF SECTION 3-T101N-R49W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Ord. 1145 Warranty Deed Exhibits Purchase Offer A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to set a hearing date and 2nd Reading for Tuesday, February 16, 2010, at 7:00 p.m. Vote to set a hearing date: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed HEARINGS AND RESOLUTIONS 10. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TO CONDUCT A SPECIAL MEETING OF THE LINCOLN COUNTY COMMISSION, MINNEHAHA COUNTY COMMISSION, AND SIOUX FALLS CITY COUNCIL ON TUESDAY, FEBRUARY 16, 2010, AT 5 P.M. Res. 1697 A motion was made by Council Member Knudson and seconded by Council Member Litz to adopt said Resolution 4-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed RESOLUTION NO. 4-10 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TO CONDUCT A SPECIAL MEETING OF THE LINCOLN COUNTY COMMISSION, MINNEHAHA COUNTY COMMISSION, AND SIOUX FALLS CITY COUNCIL ON TUESDAY, FEBRUARY 16, 2010, AT 5 P.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That a special meeting of the joint Lincoln County Commission, Minnehaha County Commission, and Sioux Falls City Council will be conducted on Tuesday, February 16, 2010, at 5 p.m. Date adopted: 02/08/10 . Dave Munson Mayor ATTEST: Debra A. Owen City Clerk 11. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. Res. 1696 Summary A motion was made by Council Member Litz and seconded by Council Member Brown to adopt said Resolution 5-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed RESOLUTION NO. 5-10 A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls Engineering Design Standards adopted by Resolution 107-99 are hereby amended by revising Chapter 5, Street Access and Parking Lot Criteria; Chapter 8, Street Design and Pavement Thickness; Chapter 9, Sanitary Sewers; Chapter 10, Water Mains; Chapter 11, Drainage Improvements; Chapter 12, Erosion and Sediment Control; and Chapter 15, Street Lighting. The revised chapters are attached to this resolution by reference. Date adopted: 02/08/10 . Dave Munson Mayor ATTEST: Debra A. Owen City Clerk 12. A RESOLUTION APPROVING THE SIOUX FALLS PARKS AND RECREATION 20-YEAR COMPREHENSIVE PLAN. Res. 1698 Res./Plan A motion was made by Council Member Litz and seconded by Council Member Brown to adopt said Resolution 6-10. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed RESOLUTION NO. 6-10 A RESOLUTION APPROVING THE SIOUX FALLS PARKS AND RECREATION 20-YEAR COMPREHENSIVE PLAN. WHEREAS, the Sioux Falls Parks and Recreation Department (the "Department") has undertaken the goal of being accredited by the Commission for Accreditation of Parks and Recreation Agencies ("CAPRA"); and WHEREAS, the Department is required to have a comprehensive plan adopted by its board and governing bodies; and WHEREAS, through the process of being accredited, the Department has refined its comprehensive plan to reflect the standards as required by CAPRA to comply with their standards; and WHEREAS, the Sioux Falls Parks and Recreation Board approved the 20-Year Comprehensive Plan on January 19, 2010, and recommends approval of the same to the Sioux Falls City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Sioux Falls Parks and Recreation 20-Year Comprehensive Plan as attached hereto and made a part of this Resolution is hereby approved. Date adopted: 02/08/10 . Dave Munson Mayor ATTEST: Debra A. Owen City Clerk 13. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Res. 1700 Memo/Res. A motion was made by Council Member Knudson and seconded by Council Member Litz to adopt said Resolution 7-10. A motion was made by Council Member Staggers to amend the resolution by having "those people that are being appointed to serve the correct amount of time: four years for Board of Ethics; three years for Board of Health; three years for Infrastructure Review Advisory Board; five years Parks and Recreation Board; five years Sioux Falls Ice and Recreation Center Board; and three years Zoological Society of Sioux Falls Board of Directors." Since there is no second, the motion is not before the meeting. Vote to adopt: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Beninga, Council Member Costello, 7. Noes Council Member Staggers, 1. Motion Passed RESOLUTION NO. 7-10 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Robert Swanhorst Board of Ethics Appointed for a term from February 2010 to December 2014 (to replace Lloyd Stivers) Robert Kjergaard Board of Health-Falls Appointed for a term from Community Health Center February 2010 to December Board 2013 (to replace Kim McCready) David Bear Board of Health-Falls Appointed for a term from Community Health Center February 2010 to December Board 2013 (to complete the unexpired term of Wallace Chandler) Jim Richardson, M.D. Board of Health-Falls Appointed for a term from Community Health Center February 2010 to December Board 2013 (to replace Darrell Johnson) Bill Kemmis Infrastructure Review Advisory Appointed for a term from Board (IRAB) February 2010 to December 2013 (to replace Erin Hayes) Patti Abdallah Parks and Recreation Board Appointed for a term from February 2010 to May 2015 (to replace Anne Hajek) Mark Millage Parks and Recreation Board Appointed for a term from February 2010 to May 2014 (to complete the unexpired term of Bob McDowell) Barry Solomon Sioux Falls Ice and Recreation Appointed for a term from Center Board February 2010 to December 2015 (to replace Alan Spencer) Charles O’Brien, M.D. Washington Pavilion Board of Appointed for a term from Trustees February 2010 to May 2011 (to complete the unexpired term of Becky Nelson) Catherine Piersol Zoological Society of Appointed for a term from Sioux Falls Board of Directors February 2010 to December 2013 (to replace Kathy Sanford) Gloria Hoyme Zoological Society of Appointed for a term from Sioux Falls Board of Directors February 2010 to December 2013 (to replace Roger Braaten) Date adopted: 02/08/10 . Dave Munson Mayor ATTEST: Debra A. Owen City Clerk ADJOURNMENT A motion was made by Council Member Litz and seconded by Council Member Jamison to adjourn at 7:54 p.m. Vote to adjourn: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Knudson, Council Member Staggers, Council Member Beninga, Council Member Costello, 8. Noes, 0. Motion Passed Denise D. Tucker, CMC Assistant City Clerk

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, February 8, 2010, at 7:00 p.m. ROLL CALL #5 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Council Member Jamison Council Member Knudson Council Member Litz Council Member Staggers Council Member Anderson Jr. Council Member Beninga Council Member Brown Council Member Costello Mayor Dave Munson INVOCATION A. CITY COUNCIL MEMBER GREG JAMISON PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA MINUTES A. INFORMATIONAL MEETING OF MONDAY, FEBRUARY 1, 2010, AT 4:00 P.M. B. REGULAR CITY COUNCIL MEETING OF MONDAY, FEBRUARY 1, 2010, AT 7:00 P.M. COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM SIOUX EMPIRE JAYCEES STATING ITS INTENT TO SELL RAFFLE TICKETS FROM MARCH 1, 2010 TO JULY 11, 2010 FOR A GRAND PRIZE OF A FREE ONE NIGHT STAY AT COUNTRY INN & SUITES (APPROXIMATE VALUE $85.00). TICKETS WILL BE $1.00 EACH OR $5.00 FOR SIX. THE PROCEEDS ARE TO BE USED FOR THE SIOUX EMPIRE JAYCEES CHRISTMAS FOR KIDS PROJECT. CONSENT AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT DOC: SUMMARY DOC: OFFICIAL BALLOT DOC: BALLOT ADDENDUM INTRODUCTION AND ADOPTION OF ORDINANCES 2. DEFERRED ACTION (FROM MEETING OF JANUARY 19, 2010) 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 15 1/2, FEES. Ord. 1124 3. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REPEALING THE CITY'S LICENSING OF DANCEHALL ESTABLISHMENTS. Ord. 0084 4. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING A CITY CHARTER AMENDMENT FOR THE 2010 APRIL ELECTION THROUGH THE CHARTER PROVISION ARTICLE VIII, SECTION 8.01(B). Ord. 1142 5. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 14-2 OF CHAPTER 14, ELECTIONS. Ord. 1141 Map: SF Precinct Map: SF Precinct change request 02/2010 6. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 25 1/2, NOISE CONTROL. Ord. 1144 Ord. 1144a proposed amendment PowerPoint Presentation 7. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTION 5-2.6 OF SAID CITY. Ord. 1108 8. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY CREATING ARTICLE IV, RIGHT-OF-WAY ALLOWANCES IN THE CENTRAL BUSINESS DISTRICT AND ARTICLE V, EVENTS IN THE CENTRAL BUSINESS DISTRICT, ALONG WITH REVISING ARTICLE III OF CHAPTER 29 TO REVISE REFERENCE TO SIDEWALK VENDORS. Ord. 1109 Memo to Council Public Meeting Presentation (October 2009) Set the hearing date and 2nd Reading for Tuesday, February 16, 2010, at 7:00 p.m. for Item 9: 9. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING LOT A IN THE SW1/4 OF SECTION 3-T101N-R49W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Ord. 1145 Warranty Deed Exhibits Purchase Offer HEARINGS AND RESOLUTIONS 10. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TO CONDUCT A SPECIAL MEETING OF THE LINCOLN COUNTY COMMISSION, MINNEHAHA COUNTY COMMISSION, AND SIOUX FALLS CITY COUNCIL ON TUESDAY, FEBRUARY 16, 2010, AT 5 P.M. Res. 1697 11. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. Res. 1696 Summary 12. A RESOLUTION APPROVING THE SIOUX FALLS PARKS AND RECREATION 20-YEAR COMPREHENSIVE PLAN. Res. 1698 Res./Plan 13. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Res. 1700 Memo/Res. ADJOURNMENT

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