City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, November 8, 2010 at 7:00 p.m. ROLL CALL #2 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Jamison Council Member Anderson Jr. Council Member Erpenbach Council Member Entenman Council Member Rolfing Council Member Litz Council Member Brown Council Member Aguilar Mayor Mike T. Huether INVOCATION A. DEACON JIM BOORMAN, CHRIST THE KING CHURCH PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA A motion was made by Litz and seconded by Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed MINUTES A. INFORMATIONAL MEETING OF MONDAY, NOVEMBER 1, 2010, AT 4:00 P.M. Minutes B. REGULAR CITY COUNCIL MEETING OF MONDAY, NOVEMBER 1, 2010, AT 7:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM THE SIOUX EMPIRE BASEBALL ASSOCIATION, STATING ITS INTENT TO SELL RAFFLE TICKETS FROM JANUARY 3, 2011 TO MAY 16, 2011, FOR A GRAND  PRIZE OF $1,000.00 AND 20 PRIZES OF $50.00. TICKETS WILL BE $5.00 PER CHANCE. THE PROCEEDS ARE TO BE USED TO BENEFIT THE SIOUX EMPIRE BASEBALL ASSOCIATION IN PROVIDING A QUALITY YOUTH BASEBALL PROGRAM. APPROVAL OF REGULAR AGENDA A motion was made by Litz and seconded by Jamison to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed PUBLIC INPUT Mark Weber spoke regarding foreclosed property. Anita Wetsch spoke regarding the Events Center. Mike Cooper provided some additional information regarding the Events Center. Steve Hildebrand spoke regarding the Events Center. 7:26 p.m. - Point of order called by Council Member Erpenbach regarding the public input process. Greg Allis spoke about bringing businesses into Sioux Falls. Dave Severtson spoke regarding the Events Center and political polls. Karen Johnson spoke regarding railroad scheduling and the Events Center. Carter Christensen spoke regarding the Events Center. 7:42 p.m. - Point of order called by Council Member Litz regarding the public input process. Craig Markhardt spoke regarding the Events Center. Andrew Traub spoke regarding the Events Center. Anne Hajek spoke regarding the evaluation team for the Events Center. She stated that it may be improper to have 5 city employees on an evaluation team of 10 people. Tim Stanga spoke regarding the Events Center. INTRODUCTION AND ADOPTION OF ORDINANCES 2. 2ND 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 A motion was made by Litz and seconded by Aguilar to adopt said Ordinance 76-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed 3. 2ND 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 Entenman and seconded by Erpenbach to adopt said Ordinance 77-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed Set a hearing date for Monday, November 15, 2010, at 7:00 p.m. on Items 4 through 6: 4. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADDING ARTICLE XII TO CHAPTER 39, ESTABLISHING THE SIOUX FALLS CONVENTION & VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. Ord. 1220 5. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING LOT 1 (EXCEPT LOT H-2) AND LOTS 2, 3, 4, 5, 8, 9, AND 10 AND VACATED ALLEY IN BLOCK 7 OF BENNETT'S FIRST ADDITION TO SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Ord. 1219 Exhibit Purchase offer 6. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING SECTION 15 1/2-7 "FEES FOR TICKETS" AS FOUND IN CHAPTER 15, "FEES." Ord. 1216 Memo A motion was made by Council Member Rolfing and seconded by Council Member Jamison to  set a hearing date and second reading for Monday, November 15, 2010, at 7:00 p.m. on Items 4 and 6 with Item 5 being withdrawn. Vote to set a hearing date and 2nd Reading: Roll Call: Yeses, Jamison, Erpenbach, Entenman, Rolfing, Litz, Brown, Aguilar, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 7. A 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 Exhibit A motion was made by Erpenbach and seconded by Aguilar to adopt said Resolution 94-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 94-10 A 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. 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, 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 pursuant to a contract entered into with T and R Contracting on the 16th day of June, 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: 11/08/10 . 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 5.50 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 8th day of November, 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 8. A 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 A motion was made by Entenman and seconded by Litz to adopt said Resolution 95-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 95-10 A 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. WHEREAS, a petition of the owners of:  Tract 14 (ex. Lot 1) County Aud. Subd. SW1/4 Section 16-101-49; County Aud. Lot 1 of Tract 14 County Aud. Subd. SW1/4 Section 16-101-49; Tract 14A Railway Addition SW1/4 Section 16-101-49; to the City of Sioux Falls, County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on November 8, 2010, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That 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 to the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated, 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: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 9. A 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 A motion was made by Brown and seconded by Entenman to adopt said Resolution 96-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 96-10 A 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. WHEREAS, a petition of the owners of: Lot 5 Block 7 Bennett’s 1st Addition to the City of Sioux Falls, County, South Dakota, has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on November 8, 2010, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has not been used for public travel in the last 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That 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 to the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, Cable TV, and all public utility uses required or authorized by the City of Sioux Falls, 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: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 10. A 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 A motion was made by Entenman and seconded by Litz to adopt said Resolution 97-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed  RESOLUTION NO. 97-10 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N 10' OF E. TENTH ST. ADJACENT TO LOT 6 FRED ASSAM MEMORIAL ADDITION. WHEREAS, a petition of the owners of: Lot 6 Fred Assam Memorial Addition SW1/4 Section 17-101-48 to the City of Sioux Falls, County, South Dakota, has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on November 8, 2010, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on N 10' of E. Tenth St. adjacent to Lot 6 Fred Assam Memorial Addition to the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, Cable TV, and all public utility uses required or authorized by the City of Sioux Falls, 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: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 11. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. NINTH ST. FROM N. MABLE AVE. TO N. BLAUVELT AVE. Res. 1532 Exhibit Petition A motion was made by Erpenbach and seconded by Litz to adopt said Resolution 98-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 98-10 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. NINTH ST. FROM N. MABLE AVE. TO N. BLAUVELT AVE. WHEREAS, a petition of the owners of: Lot 12 Block 2 Dunning & Wagner’s Addition; Lot 1 and N 1/2 Lot 2 Block 2 Dunning & Wagner’s Addition; Lot 7 Block 17 Emerson & Sherman’s Addition; W 1/2 of Lots 5 and 6 Block 17 Emerson & Sherman’s Addition; E 66’ of Lots 5 and 6 Block 17 Emerson & Sherman’s Addition; to the City of Sioux Falls, County, South Dakota, has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on November 8, 2010, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on E. Ninth St. from N. Mable Ave. to N. Blauvelt Ave. to the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, Cable TV, and all public utility uses required or authorized by the City of Sioux Falls, 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: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 12. A RESOLUTION APPROVING AN ADDENDUM TO JOINT COOPERATIVE AGREEMENT FOR RENOVATING THE SIOUX FALLS COLISEUM AND PROVIDING SPACE FOR THE MULTI-CULTURAL CENTER. Res. 0014 A motion was made by Litz and seconded by Brown to adopt said Resolution 99-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 99-10 A RESOLUTION APPROVING AN ADDENDUM TO JOINT COOPERATIVE AGREEMENT FOR RENOVATING THE SIOUX FALLS COLISEUM AND PROVIDING SPACE FOR THE MULTI-CULTURAL CENTER. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled, “Addendum to Joint Cooperative Agreement for Renovating the Sioux Falls Coliseum and Providing Space for the Multi-Cultural Center,” is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by Minnehaha County and the state of South Dakota. Date adopted: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 13. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE CITY OF HARRISBURG TEN LIQUID TANKS. Res. 0024 A motion was made by Entenman and seconded by Aguilar to adopt said Resolution 100-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 100-10 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE CITY OF HARRISBURG TEN LIQUID TANKS.  WHEREAS, the City of Sioux Falls has declared a surplus of ten (10) 75-gallon Monroe liquid tanks; and WHEREAS, the city of Harrisburg finds it desirable to acquire the above-described ten liquid tanks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by the City of Sioux Falls to the city of Harrisburg of ten (10) 75-gallon Monroe liquid tanks is hereby approved. Date adopted: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 14. A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR CLEAN WATER AND DRINKING WATER STATE REVOLVING FUNDS AND DESIGNATING SIGNATORIES FOR THE LOAN DOCUMENTS. Res. 1774 A motion was made by Litz and seconded by Entenman to adopt said Resolution 101-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 101-10 A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR CLEAN WATER AND DRINKING WATER STATE REVOLVING FUNDS AND DESIGNATING SIGNATORIES FOR THE LOAN DOCUMENTS. WHEREAS, the City Council has determined the City is in need of the Pipe Lining Project, Central Main Interceptor Replacement Project, Sanitary Sewer Improvements Project, Dakota Ave. from Russell St. to Third St., Non-Point Source Bank Stabilization; and Western Heights Water Main Replacement Project, Valve Replacement Program Project, Cliff Ave. from Benson Rd. to 60th St. N. Project, 26th St. and Sycamore Ave. Water Main Replacement Project, and Raven Oaks and Scenic Heights Water Main Replacement Project; and WHEREAS, loan assistance is necessary to enable the City to construct these projects; and WHEREAS, an interest rate of 1.25 percent for ten years from the Clean Water and 2.25 percent for ten years from the Drinking Water SRF loan funds is desirable.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Mayor is authorized to make application for a $24,589,400 loan at 1.25 percent for ten years from the Clean Water State Revolving Fund Loan Program for the Pipe Lining Project, Central Main Interceptor Replacement Project, and Sanitary Sewer Improvements Project on Dakota Ave. from Russell St. to Third St., and including all understandings and assurances contained therein, and pledges wastewater revenues for repayment of the loan. This includes $1,189,400 in Non-Point Source funds for bank stabilization on the Big Sioux River and Skunk Creek river beds. 2. That the Mayor is authorized to make application for a $4,000,000 loan at 2.25 percent for ten years from the Drinking Water State Revolving Fund Loan Program for the Western Heights Water Main Replacement Project, Valve Replacement Program Project, Cliff Ave. from Benson Rd. to 60th St. N. Project, 26th St. and Sycamore Ave. Water Main Replacement Project, and Raven Oaks and Scenic Heights Water Main Replacement Project, including all understandings and assurances contained therein, and pledges drinking water revenues for repayment of the loan. 3. That the Mayor and/or Public Works Director or Assistant Public Works Director is designated to act as signatory in connection with the applications, loan agreements, draw down requests and other required forms, and to provide such additional information as may be required by the state of South Dakota. Date adopted: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 15. A RESOLUTION APPROVING DIAGONAL PARKING ON THIRD STREET. Res. 1773 Exhibit A motion was made by Litz and seconded by Aguilar to adopt said Resolution 102-10. Vote to adopt: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed RESOLUTION NO. 102-10 A RESOLUTION APPROVING DIAGONAL PARKING ON THIRD STREET. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the establishment of diagonal parking on the north side of Third Street from the  east right-of-way line of North Minnesota Avenue to east approximately 150 feet. Date adopted: 11/08/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk ADJOURNMENT A motion was made by Entenman and seconded by Brown to adjourn the meeting at 8:42 p.m. Vote to adjourn: Roll Call: Yeses, Jamison, Litz, Brown, Entenman, Erpenbach, Rolfing, Aguilar, 7. Noes, 0. Motion Passed Tamara Jorgensen, CMC Assistant City Clerk