City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, October 12, 2010 at 7:00 p.m. ROLL CALL #7 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Litz None. Council Member Rolfing Council Member Aguilar Council Member Anderson Jr. Council Member Brown Council Member Entenman Council Member Erpenbach Council Member Jamison Mayor Mike T. Huether INVOCATION A. PASTOR JULIUS BADIGO, FALLS COMMUNITY CHURCH PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA A motion was made by Council Member Aguilar and seconded by Council Member Litz to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed MINUTES A. INFORMATIONAL MEETING OF MONDAY, OCTOBER 4, 2010, AT 4:00 P.M. Minutes B. REGULAR COUNCIL MEETING OF MONDAY, OCTOBER 4, 2010, AT 7:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM THE WASHINGTON HIGH SCHOOL BAND BOOSTERS STATING THEIR INTENT TO SELL RAFFLE TICKETS FROM OCTOBER 15, 2010 TO OCTOBER 25, 2010, FOR ONE IPOD NANO (APPROXIMATE VALUE IS $150.00); FIVE PRIZE BASKETS (APPROXIMATE VALUE IS $100.00 EACH); AND ONE WII GAME SYSTEM (APPROXIMATE VALUE IS $200.00). TICKETS WILL BE $1.00 FOR ONE OR $5.00 FOR SIX. THE PROCEEDS ARE TO BE USED TO COVER BAND TRANSPORTATION EXPENSES FOR UPCOMING COMPETITIONS AND BAND PROGRAMS. 2. A COMMUNICATION WAS RECEIVED FROM GOODWILL INDUSTRIES STATING THEIR INTENT TO SELL RAFFLE TICKETS FROM OCTOBER 30, 2010 TO JANUARY 1, 2011, FOR A VIETNAM WAR MEMORIAL PICTURE TITLED "SOUTH DAKOTA VIETNAM MEMORIAL DONOR" SIGNED BY GOVERNOR MIKE ROUNDS. TICKETS WILL BE $5.00 EACH. THE PROCEEDS ARE TO BE USED TO SPONSOR POSSIBLY TWO WWII VETERANS TO GO ON AN HONOR FLIGHT TO WASHINGTON, D.C. (COST OF $750.00 PER VETERAN). 3. A COMMUNICATION WAS RECEIVED FROM THE WASHINGTON PAVILION STATING ITS INTENT TO SELL RAFFLE TICKETS FROM NOVEMBER 1, 2010 TO DECEMBER 4, 2010, FOR VARIOUS PRIZE PACKAGES WITH VALUES RANGING FROM $95.00-$485.00. TICKETS WILL BE SOLD FOR $10.00 EACH. THE PROCEEDS ARE TO BE USED TO BENEFIT THE VISUAL ARTS CENTER/PAVILION HOLIDAY. 4. A COMMUNICATION WAS RECEIVED FROM ST. THERESE CATHOLIC CHURCH REQUESTING PERMISSION TO CONSUME, BUT NOT SELL, MALT BEVERAGES AT ST. THERESE CATHOLIC CHURCH, 901 N. TAHOE TRAIL, ON SATURDAY, OCTOBER 16, 2010, FROM 7:00 P.M. TO 11:00 P.M. FOR A FELLOWSHIP GATHERING OF ADULTS OVER THE AGE OF 21 TO INTERACT WITH MEMBERS OF THE CHURCH OUTSIDE OF WEEKLY MASS. NOTICE OF HEARINGS Set a hearing date for Monday, November 8, 2010, at 7:00 p.m. on Item 5: 5. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR CONSTRUCTION OF GRADING, GRAVEL, CURB AND GUTTER WITH DRIVEWAY APPROACHES, SIDEWALK, STORM SEWER, CONCRETE SURFACING, WATER MAIN, WATER SERVICES, SANITARY SEWER MAIN, SANITARY SEWER SERVICES, AND STREETLIGHTS ON WEST MADISON STREET FROM NORTH MARION ROAD TO NORTH VALLEY VIEW ROAD. Res. 1761 Assessment pdf Exhibit 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 Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed PUBLIC INPUT UNFINISHED BUSINESS DOC: MEMO 6. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A RECEPTION ON OCTOBER 17, 2010. 7. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR SMG, TO BE OPERATED AT THE SIOUX FALLS ARENA, 1201 NORTH WEST AVENUE, ON OCTOBER 17, 2010, FOR THE TIMBERWOLVES PRESEASON GAME, MARCH 29, 2011, FOR THE CENTRAL PLAINS DAIRY EXPO; ALL 2010-11 HOME SEASON GAMES FOR THE STAMPEDE, ALL 2010-11 HOME SEASON GAMES FOR THE SKYFORCE; INCLUDING STAMPEDE AND SKYFORCE POSSIBLE PLAYOFF GAMES BETWEEN APRIL 10 AND MAY 31, 2011. A motion was made by Council Member Anderson Jr. and seconded by Council Member Entenman to approve Items 6 and 7 with one vote. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed INTRODUCTION AND ADOPTION OF ORDINANCES 8. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 2, ARTICLE XIII, OF THE REVISED ORDINANCES OF SIOUX FALLS, SD. Ord. 1210 A motion was made by Council Member Brown and seconded by Council Member Rolfing to adopt said Ordinance 74-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Set a hearing date for Monday, November 8, 2010, at 7:00 p.m. on Items 9 and 10: 9. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF A PERMANENT DRAINAGE EASEMENT IN THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 100 NORTH, RANGE 50 WEST OF THE 5TH P.M., LINCOLN COUNTY, SOUTH DAKOTA. Ord. 0008 Exhibit 10. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF A DECLARATION OF EASEMENT FOR A SANITARY SEWER FORCE-MAIN SYSTEM IN LANG PROPERTIES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AND IN LOT 1, EXCEPT LOT H-1, FRIESSEN'S ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Ord. 1217 Exhibit A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to approve set a hearing date for Monday, November 8, 2010, at 7:00 p.m. on Items 9 and 10. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed HEARINGS AND RESOLUTIONS 11. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR CONSTRUCTION OF GRADING, GRAVEL, CURB AND GUTTER WITH DRIVEWAY APPROACHES, SIDEWALK, STORM SEWER, ASPHALT SURFACING, WATER MAIN, SANITARY SEWER MAIN, AND STREETLIGHTS ON E. 57TH ST. FROM S. CLIFF AVE. TO S. SYCAMORE AVE. Res. 0012 Exhibit A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Resolution 85-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed RESOLUTION NO. 85-10 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR CONSTRUCTION OF GRADING, GRAVEL, CURB AND GUTTER WITH DRIVEWAY APPROACHES, SIDEWALK, STORM SEWER, ASPHALT SURFACING, WATER MAIN, SANITARY SEWER MAIN, AND STREETLIGHTS ON E. 57TH ST. FROM S. CLIFF AVE. TO S. SYCAMORE AVE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for the assessment of the property assessable for construction of grading, gravel, curb and gutter with driveway approaches, sidewalk, storm  sewer, asphalt surfacing, water main, sanitary sewer main, and streetlights on E. 57th St. from S. Cliff Ave. to S. Sycamore Ave. pursuant to a contract entered into with T & R Contracting on the 17th day of March, 2008, be and the same is hereby approved and the assessment as set out in the special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of the special assessment roll in the City Accounting Office. SECTION 2. The assessment may be paid in five annual installments and shall be collected under Plan One---Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 10/12/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in five installments, together with interest at 6 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2012; the remaining installments, with interest, will become due and payable annually at the County Treasurer’s Office on January 1 of each following year until total assessment, with interest, is paid in full. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Clerk’s Office on the 13th day of October, 2010, and that the whole of said assessment, or any installment thereof, may be paid without interest to the City Accounting Office on or before 30 days after said filing. Debra A. Owen City Clerk 12. A RESOLUTION APPROVING THE COST RECOVERY ROLL FOR CONSTRUCTION OF SANITARY SEWER MAIN ON E. 57TH ST. FROM S. CLIFF AVE. TO S. SYCAMORE AVE. Res. 1511 Exhibit A motion was made by Council Member Entenman and seconded by Council Member Rolfing to withdraw Item 12. Vote to withdraw: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison,  Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed 13. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR CONSTRUCTION OF GRADING, GRAVEL, CURB AND GUTTER WITH DRIVEWAY APPROACHES, SIDEWALK, STORM SEWER, ASPHALT SURFACING, WATER MAIN, WATER SERVICES, SANITARY SEWER MAIN, SANITARY SEWER SERVICES, AND STREETLIGHTS ON S. SYCAMORE AVE. FROM E. MISSION ST. TO 446' SOUTH OF E. 57TH ST. Res. 0013 Exhibit A motion was made by Council Member Erpenbach and seconded by Council Member Anderson Jr. to adopt said Resolution 87-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed RESOLUTION NO. 87-10 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR CONSTRUCTION OF GRADING, GRAVEL, CURB AND GUTTER WITH DRIVEWAY APPROACHES, SIDEWALK, STORM SEWER, ASPHALT SURFACING, WATER MAIN, WATER SERVICES, SANITARY SEWER MAIN, SANITARY SEWER SERVICES, AND STREETLIGHTS ON S. SYCAMORE AVE. FROM E. MISSION ST. TO 446' SOUTH OF E. 57TH ST. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for the assessment of the property assessable for construction of grading, gravel, curb and gutter with driveway approaches, sidewalk, storm sewer, asphalt surfacing, water main, water services, sanitary sewer main, sanitary sewer services, and streetlights on S. Sycamore Ave. from E. Mission St. to 446' south of E. 57th St. pursuant to a contract entered into with Loiseau Construction on the 6th day of June, 2007, be and the same is hereby approved and the assessment as set out in the special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of the special assessment roll in the City Accounting Office. SECTION 2. The assessment may be paid in five annual installments and shall be collected under Plan One--Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 10/12/10 . Mike T. Huether  Mayor ATTEST: Debra A. Owen City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in five installments, together with interest at 6 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2012; the remaining installments, with interest, will become due and payable annually at the County Treasurer’s Office on January 1 of each following year until total assessment, with interest, is paid in full. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Clerk’s Office on the 13th day of October, 2010, and that the whole of said assessment, or any installment thereof, may be paid without interest to the City Accounting Office on or before 30 days after said filing. Debra A. Owen City Clerk 14. A RESOLUTION APPROVING A HISTORIC MARKER ON CITY PROPERTY. (SPENCER PARK) Res. 0011 RISE Marker A motion was made by Council Member Rolfing and seconded by Council Member Erpenbach to adopt said Resolution 88-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed RESOLUTION NO. 88-10 A RESOLUTION APPROVING A HISTORIC MARKER ON CITY PROPERTY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement of the following historic marker on City property by the Minnehaha County Historical Society:  Historical Marker Location “RISE” AND THE BIG SIOUX RIVER Spencer Park Date adopted: 10/12/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 15. A RESOLUTION AMENDING THE RESOLUTIONS TO VACATE NESMITH AVE. FROM BAILEY ST. TO MCCLELLAN ST.; FRANKLIN AVE. FROM NORTH ST. TO MCCLELLAN ST.; INDIANA AVE. FROM NORTH ST. TO MCCLELLAN ST.; BROOKINGS ST. FROM WEBER AVE. TO INDIANA AVE.; MCCLELLAN ST. FROM WEBER AVE. TO INDIANA AVE.; AND BAILEY ST. FROM NESMITH AVE. TO INDIANA AVE. IN THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Res. 0010 Exhibit A motion was made by Council Member Anderson Jr. and seconded by Council Member Entenman to adopt said Resolution 89-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes Council Member Litz, 1. Motion Passed RESOLUTION NO. 89-10 A RESOLUTION AMENDING THE RESOLUTIONS TO VACATE NESMITH AVE. FROM BAILEY ST. TO MCCLELLAN ST.; FRANKLIN AVE. FROM NORTH ST. TO MCCLELLAN ST.; INDIANA AVE. FROM NORTH ST. TO MCCLELLAN ST.; BROOKINGS ST. FROM WEBER AVE. TO INDIANA AVE.; MCCLELLAN ST. FROM WEBER AVE. TO INDIANA AVE.; AND BAILEY ST. FROM NESMITH AVE. TO INDIANA AVE. IN THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, a resolution to vacate above-listed streets was approved on the 28th day of July, 1924 and recorded by the Minnehaha County Register of Deeds in Volume V of Miscellaneous on pages 564-565 on the 7th day of August, 1924; and WHEREAS, a resolution to vacate above listed streets was approved on the 20th day of October 1924 and filed by the Minnehaha County Register of Deeds in Volume W of Miscellaneous on pages 86-87 on the 24th day of December 1924; and WHEREAS, a condition for the vacation was included in the resolutions stating that the streets were “hereby declared vacated for and during such time as the property now occupied by the Sioux Falls Stockyards Company . . . shall be occupied for stockyards or packing house  purposes”; and WHEREAS, the condition for use of property as a stockyard or packing house no longer is relevant to the vacation of the streets; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on Nesmith Ave. from Bailey St. to McClellan St.; Franklin Ave. from North St. to McClellan St.; Indiana Ave. from North St. to McClellan St.; Brookings St. from Weber Ave. to Indiana Ave.; McClellan St. from Weber Ave. to Indiana Ave.; and Bailey St. from Nesmith Ave. to Indiana Ave. in the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated without conditions for use of the vacated rights of way, and that the City Clerk shall cause to be filed with the Register of Deeds, County, South Dakota, a duly certified transcript of this resolution. Date adopted: 10/12/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 16. A RESOLUTION CORRECTING THE HEADING AND THE LEGAL DESCRIPTION ON RESOLUTION NO. 26-10, A RESOLUTION VACATING TRACTS B & C IN SEC. 23-101-50 AND A PORTION OF S. VALLEY VIEW RD. Res. 1757 Res. 26-10 Exhibit A motion was made by Council Member Erpenbach and seconded by Council Member Litz to adopt said Resolution 90-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed RESOLUTION NO. 90-10 A RESOLUTION CORRECTING THE HEADING AND THE LEGAL DESCRIPTION ON RESOLUTION NO. 26-10, A RESOLUTION VACATING TRACTS B & C IN SEC. 23‑101‑50 AND A PORTION OF S. VALLEY VIEW RD. WHEREAS, on April 12, 2010, the City Council of the City of Sioux Falls adopted Resolution 26-10 approving vacating Tracts B & C of Lot H4 E1/2 of Tr 4 NW1/4 NE1/4 &  NE1/4 NW1/4 Sec. 23-101-50 and a portion of S. Valley View Rd. WHEREAS, the heading and legal description as set forth in Resolution 26-10 was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the heading and the legal description as set forth in Resolution 26-10 is hereby amended to read as follows: Vacation of the public right-of-way on Tracts B and C of Lot H4 of the E1/2 of Tract 4 in the NW1/4 of the NE1/4 and the NE1/4 of the NW1/4 of Sec. 23-101-50 and on a portion of S. Valley View Rd., as shown on attached exhibit. And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 10/12/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 17. A RESOLUTION RESCINDING RESOLUTION NO. 76-10 AND ADOPTING A RESOLUTION OF INTENT TO ESTABLISH SIOUX FALLS CONVENTION AND VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. Res. 1771 Res. 76-10 A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Resolution 86-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed RESOLUTION NO. 86-10 A RESOLUTION RESCINDING RESOLUTION NO. 76-10 AND ADOPTING A RESOLUTION OF INTENT TO ESTABLISH SIOUX FALLS CONVENTION AND VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on September 13, 2010, the City Council of the City of Sioux Falls was presented and adopted Resolution 76-10 stating the intent to establish the Sioux Falls Convention and Visitors Bureau Business Improvement District; and WHEREAS, Resolution No. 76-10 is hereby rescinded and replaced by this resolution; and WHEREAS, pursuant to SDCL Ch. 9-55, the City of Sioux Falls is authorized to create business improvement districts; and WHEREAS, pursuant to SDCL 9-55-2, upon formation of a business improvement district, the city may impose a tax on businesses and users of space within the district, or both; and WHEREAS, pursuant to SDCL 9-55-3, money generated may be used for a variety of purposes, including, but not limited to, the development of any activities and promotion of events in the district area; and WHEREAS, in accordance with SDCL 9-55-9, the owners of a majority of the rentable lodging rooms subject to a proposed occupation tax within the incorporated limits of the city of Sioux Falls have submitted a petition to the Sioux Falls City Council to hold a hearing on the proposed creation of the Sioux Falls Convention and Visitors Bureau Business Improvement District (the “CVB Business Improvement District”); and WHEREAS, if approved by the City Council, the proposed CVB Business Improvement District will be created for the purposes allowed by SDCL 9-55-3; and WHEREAS, the method for raising revenue for the CVB Business Improvement District will be fair and equitable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. Proposed District. The City Council hereby expresses its intent to create the CVB Business Improvement District within the city of Sioux Falls. The boundaries of the proposed district will include all hotels with forty or more rooms situated within the incorporated limits of the city of Sioux Falls. 2. Public Hearing. The city shall hold a public hearing on the proposed establishment of the CVB Business Improvement District on Monday, November 15, 2010, at 7 p.m., in the Carnegie Town Hall, 235 West Tenth Street, Sioux Falls, South Dakota. The City Clerk is hereby authorized and directed to (A) publish notice of the hearing in the official newspaper of the city not less than 30 days prior to the hearing date, and (B) mail a complete copy of the resolution of intent and the notice of hearing not less than 30 days prior to the hearing date to (i) each owner of taxable property as shown on the property tax roll for the proposed district, and (ii) the occupant of each address located in the proposed district. Such notice shall be substantially in the form attached hereto. 3. Proposed Use of Funds. In accordance with SDCL Ch. 9-55 of the South Dakota Codified Laws, it is proposed that the proposed CVB Business Improvement District would impose  an occupational tax of two dollars ($2.00) per night per rented room for all lodging rooms within the CVB Business Improvement District, and that the proceeds of such occupation tax would be remitted to the Sioux Falls Convention and Visitors Bureau to market and promote the visitor industry in the city of Sioux Falls and increase the room night sales of lodging facilities within the CVB Business Improvement District. 4. Estimated Costs of Activities. The activities described in Paragraph 3 above will be ongoing, and will be outlined in the annual budget developed each year by the CVB Business Improvement District Board of Directors, subject to the approval of the Sioux Falls City Council. It is estimated that the cost of such activities will be $1,200,000 for calendar year 2011. BE IT FURTHER RESOLVED: The boundaries of the Sioux Falls Convention and Visitors Bureau Business Improvement District shall be congruent with the corporate limits of the City of Sioux Falls, SD. Date adopted: 10/12/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk Set a hearing date for Monday, November 8, 2010, at 7:00 p.m. on Items 18 through 21: 18. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY ON TRACT 14 COUNTY AUD. SUBD. SW1/4 SECTION 16-101-49 SOUTH OF E. EIGHTH ST. AS SHOWN ON ATTACHED EXHIBIT. Res. 0019 Exhibit Petition 19. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON SECTION LINE RIGHT-OF- WAY ON LOT 5 BLOCK 7 BENNETT'S 1ST ADDITION AS SHOWN ON EXHIBIT A. Res. 0021 Exhibit 20. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N 10' OF E. TENTH ST. ADJACENT TO LOT 6 FRED ASSAM MEMORIAL ADDITION. Res. 0023  Exhibit Petition 21. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. NINTH ST. FROM N. MABLE AVE. TO N. BLAUVELT AVE. A motion was made by Council Member Litz and seconded by Council Member Entenman to set a hearing date for Monday, November 8, 2010, at 7:00 p.m. on Items 18 through 21. Vote to set a hearing date: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Res. 1532 Exhibit Petition ADJOURNMENT A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adjourn at 7:42 p.m. Vote to adjourn: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Denise D. Tucker, CMC Assistant City Clerk