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City Council Meeting

Regular Meeting

Sioux Falls, SD · August 8, 2011

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, August 8, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rex Rolfing Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Mayor Mike T. Huether INVOCATION  Pastor Dave Johnson, First Lutheran Church RECOGNITION  Mayor Huether and the City Council asked for a moment of silence in respect and support of the two police officers from Rapid City, SD, who were killed in the line of duty: Officers James Ryan McCandless and Nick Armstrong. Also, Mayor Huether and the City Council would like Officer Tim Doyle (who remains hospitalized) to know that he is in their thoughts and prayers for a speedy recovery. PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Dean Karsky and seconded by Council Member Vernon Brown to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. MINUTES  Special City Council Meeting of Thursday, July 28, 2011, at 1:30 p.m.  City Council Meeting of Monday, August 1, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Kim Bartling requesting permission to consume, but not sell, champagne, beer and wine in the Law Library at the Old Courthouse Museum, 200 West Sixth Street, on Friday, August 12, 2011, from 6:30 p.m. to 9:30 p.m. for a wedding rehearsal dinner. Sponsor: SDCL 35-1-5.3 NOTICE OF HEARINGS Set a public hearing date for Tuesday, September 6, 2011, at 7:00 p.m., and set an adoption date of Resolution for Monday, September 12, 2011, at 7:00 p.m. for Item 2: 2. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012, AND THE 2012-2016 CAPITAL PROGRAM. Sponsor: Mayor/Finance REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to approve the Regular Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Vernon Brown to amend the Regular Agenda by "moving Item 15 after Public Input". Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. PUBLIC INPUT I.L. Wiedermann discussed the Events Center and money from the Convention and Visitor's Bureau being used for the Events Center. Tim Stanga spoke regarding taxing food for the poor. Ray Larson spoke regarding Item 13. Item 15 heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES 3. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CERTAIN TIME RESTRICTIONS AND EXPANDING THE REQUIREMENTS FOR ABATEMENT OF NUISANCE CONDITIONS. Sponsor: Mayor/Health A motion was made by Council Member Vernon Brown and seconded by Council Member Michelle Erpenbach to adopt said Ordinance for Item 3. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to amend said Ordinance by replacing the word 'commission' with the words 'city council' in the final sentence. Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 4. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING A TIMETABLE FOR ADOPTING A DISTRICTING PLAN FOR THE CITY OF SIOUX FALLS’ COUNCIL DISTRICTS. Sponsor: City Council/Rolfing and Karsky A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance for Item 4. A motion was made by Council Member Vernon Brown and seconded by Council Member Kenny Anderson Jr. to amend said Ordinance for Item 4 by making the following changes as read by the City Clerk/Chief of Council Operations: In Section 1. Completion of Plan and Public Hearing: Replace “by Friday, September 9, 2011” with “no later than Friday, August 5, 2011”. Replace the word “hearing” with “hearings”; Replace “Tuesday, October 18, 2011” with “Thursday, September 15, 2011, and Saturday, September 17, 2011”. In Section 2. Submit Plan to City Council: Replace “November 21, 2011” with “October 17, 2011”. In Section 3. Adoption of Plan: Replace “December 12, 2011” with “November 21, 2011”. Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 5. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CALLING A SPECIAL ELECTION ON THE ISSUE OF WHETHER THE CITY OF SIOUX FALLS, SD, SHOULD BUILD A MULTIPURPOSE EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS. ($115,000,000.00) Sponsor: City Council/Rolfing and Anderson Jr. A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance for Item 5. Council Member Rolfing withdrew his motion to adopt. Council Member Brown called for point of order. A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance for Item 5. A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to amend said Ordinance by adding the following as the last sentence: "Pursuant to SDCL 9-19-13, this ordinance will take effect upon passage and publication". Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Vernon Brown, 1. Motion Passed. 6. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE EVENTS CENTER ELECTION EXPENSES. ($45,000.) Sponsor: City Council/Rolfing and Anderson Jr. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Ordinance for Item 6. A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to amend said Ordinance by adding the following as the last sentence: "Pursuant to SDCL 9-19-13, this ordinance will take effect upon passage and publication". Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 7. DEFERRED (from the Meeting of August 1, 2011): A RESOLUTION APPROVING THE FORM OF BALLOT, INCLUDING THE CITY ATTORNEY’S EXPLANATION, IN CONNECTION WITH THE ELECTION TO DETERMINE WHETHER THE CITY SHOULD CONSTRUCT AN EVENTS CENTER. ($115,000,000.00) Sponsor: City Council/Rolfing and Anderson Jr. A motion was made by Council Member Rex Rolfing and seconded by Council Member James Entenman to adopt said Resolution for Item 7. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE FORM OF BALLOT, INCLUDING THE CITY ATTORNEY’S EXPLANATION, IN CONNECTION WITH THE ELECTION TO DETERMINE WHETHER THE CITY SHOULD CONSTRUCT AN EVENTS CENTER. WHEREAS, the Sioux Falls City Council finds it desirable to hold an election to determine whether the voters of the City of Sioux Falls (the “City”) support building an Events Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the Official Special Election Ballot shall be in a form substantially as follows: [FORM OF] Sioux Falls November South 8, 2011 Dakota OFFICIAL MUNICIPAL SPECIAL ELECTION BALLOT Instruction to the Voter: To vote on a ballot question fill in the oval ( ) next to “Yes” or “No.” Use only a pencil. The Sioux Falls City Council is considering the construction of a multi-purpose events center (the “Project”) in the City of Sioux Falls. If the proposition is approved by the majority of those voting, further action will be required by the City Council to issue sales tax revenue bonds to finance the Project. No general obligation bonds will be issued. There will be no new taxes, no increase in property taxes, and no increase in sales tax rates authorized by the current City Council to pay for the Project. The question submitted to the legal voters of the City of Sioux Falls, South Dakota, is as follows: PROPOSITION TO BUILD AN EVENTS CENTER Whether the City of Sioux Falls should build a multipurpose Events Center and associated site improvements (the “Project”) at a Project cost not to exceed one- hundred-fifteen million dollars ($115,000,000.00). CITY ATTORNEY’S EXPLANATION This election will advise the City Council as to whether the public supports proceeding with the Project. The City Council has selected the Sioux Falls Convention Center site as the site to build the Project. The Council has also adopted a resolution stating that it will not proceed with the Project if the proposal is not approved by a majority of those voting in this election. The amount proposed to be spent refers to the cost of designing, constructing, equipping, and furnishing a multipurpose Events Center and associated site improvements (including architectural and engineering fees and expenses). Interest and other financing costs are additional costs that will be incurred and are not included in the Project cost of designing, constructing, equipping, and furnishing a multipurpose Events Center and associated site improvements. Debt service reserves and other reserves are also not included in the Project costs. Project costs also do not include additional capital improvements that may be incurred in future years. In order to construct the Project, further action will be required by the City Council to allow the City to issue revenue bonds to be repaid from and secured solely by revenues from the existing second penny sales tax to finance all or a portion of the costs of the Project. A vote “Yes” is for constructing the Project. A vote “No” is against constructing the Project. To vote on ballot question, fill in oval ( ) in front of “Yes” or “No. ” YES SHALL THE PROPOSITION TO CONSTRUCT NO AN EVENTS CENTER BE APPROVED? 8. DEFERRED (from the meeting of August 1, 2011): A RESOLUTION PROVIDING THAT A PROPOSAL TO CONSTRUCT AN EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”) WILL BE SUBJECT TO THE APPROVAL OF THE VOTERS AT A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2011. Sponsor: City Council/Rolfing and Anderson Jr. A motion was made by Council Member Greg Jamison and seconded by Council Member Rex Rolfing to adopt said Resolution for Item 8. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION PROVIDING THAT A PROPOSAL TO CONSTRUCT AN EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”) WILL BE SUBJECT TO THE APPROVAL OF THE VOTERS AT A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2011. WHEREAS, the City Council on this date approved Ordinance No. 59-11 authorizing a special election to be held on November 8, 2011, to determine whether the public supports a proposal to construct a multi-purpose events center in the City of Sioux Falls; and WHEREAS, the City Council has determined that construction and financing of the Project should not proceed without the support of the voters of this City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. If the public approves proceeding with the Project by a simple majority vote, the Council will consider the adoption of ordinances and resolutions, as appropriate, to approve (a) the expenditure of funds to construct the Project, and (b) the issuance of bonds payable solely out of second penny sales tax revenues to finance all or a portion of the costs of the Project. 2. If the public does not approve the Project, the current City Council will not take the action described in paragraph 1. A short recess was taken at 8:30 p.m. The meeting resumed at 8:40 p.m. 9. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Public Parking A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Resolution for Item 9. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for snow removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. 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 one installment, together with interest not to exceed 5.75 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. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2011, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2011. 10. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Parks Department A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to adopt said Resolution for Item 10. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. 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 one installment, together with interest not to exceed 5.75 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. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2011, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2011 11. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Public Works A motion was made by Council Member Vernon Brown and seconded by Council Member Michelle Erpenbach to adopt said Resolution for Item 11 and to exclude Item 5 and Item 15 from the assessment roll. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to amend this item by reducing the total dollar amount charged to the residence located at 1319 N. Main on the assessment roll by $44.00 for a total amount owed of $116.00. Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for litter removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. 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 one installment, together with interest not to exceed 5.75 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. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2011, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2011. 12. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Resolution for Item 12. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for repair or demolition of real property in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. 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 one installment, together with interest not to exceed 5.75 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. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2011, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2011. 13. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Planning and Building Services A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to adopt said Resolution for Item 13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. 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 one installment, together with interest not to exceed 5.75 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. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2011, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2011. 14. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to adopt said Resolution for Item 14. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 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 Hugh Dodson Public Parking Advisory Board Appointed for a term from August 2011 to August 2016 (to replace Grant A. Houwman). Loretta Paganini Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Vicki Kerkvliet Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Langu Okall Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Shawn Pritchett Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Debra Metzger Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Gayleen Riedemann Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Jon Carroll Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Jeffrey Kogel Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. Aaron Rietsema Affordable Housing Advisory Board Appointed for a term from August 2011 to August 2014. 15. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AGREEMENT FOR A FUTURE CASH GIFT DERIVED FROM THE PROCEEDS OF A LAKE HOME TO CONSTRUCT AN EDUCATIONAL CENTER AND A GARDEN AT THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Resolution for Item 15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AGREEMENT FOR A FUTURE CASH GIFT DERIVED FROM THE PROCEEDS OF A LAKE HOME TO CONSTRUCT AN EDUCATIONAL CENTER AND A GARDEN AT THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “A Conditional Gifting Agreement for a Future Cash Gift Derived from the Proceeds of a Lake Home to Construct an Educational Center and a Garden at the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site” is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Sioux Falls Area Community Foundation. 16. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE CITY OF MONTROSE A 1999 DODGE CARAVAN MINIVAN. Sponsor: Mayor/Community Development A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution for Item 16. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE CITY OF MONTROSE A 1999 DODGE CARAVAN MINIVAN. WHEREAS, the City of Sioux Falls has declared as surplus a 1999 Dodge Caravan minivan, Serial No. 2B4FP2536XR268486; and WHEREAS, the city of Montrose finds it desirable to acquire the above-described minivan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by the City of Sioux Falls of a 1999 Dodge Caravan minivan, Serial No. 2B4FP2536XR268486, is hereby approved. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Vernon Brown to adjourn the meeting at 9:50 p.m. Vote to adjourn: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Tamara Jorgensen, CMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16. CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, August 8, 2011 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member Jim Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION ● Pastor Dave Johnson, First Lutheran Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Special City Council Meeting of Thursday, July 28, 2011, at 1:30 p.m. ● City Council Meeting of Monday, August 1, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Kim Bartling requesting permission to consume, but not sell, champagne, beer and wine in the Law Library at the Old Courthouse Museum, 200 West Sixth Street, on Friday, August 12, 2011, from 6:30 p.m. to 9:30 p.m. for a wedding rehearsal dinner. Sponsor: SDCL 35-1-5.3 NOTICE OF HEARINGS Set a public hearing date for Tuesday, September 6, 2011, at 7:00 p.m., and set an adoption date of Resolution for Monday, September 12, 2011, at 7:00 p.m. for Item 2: 2. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012, AND THE 2012-2016 CAPITAL PROGRAM. Sponsor: Mayor/Finance REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES 3. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CERTAIN TIME RESTRICTIONS AND EXPANDING THE REQUIREMENTS FOR ABATEMENT OF NUISANCE CONDITIONS. Sponsor: Mayor/Health 4. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING A TIMETABLE FOR ADOPTING A DISTRICTING PLAN FOR THE CITY OF SIOUX FALLS’ COUNCIL DISTRICTS. Sponsor: City Council/Rolfing and Karsky 5. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CALLING A SPECIAL ELECTION ON THE ISSUE OF WHETHER THE CITY OF SIOUX FALLS, SD, SHOULD BUILD A MULTIPURPOSE EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS. ($115,000,000.00) Sponsor: City Council/Rolfing and Anderson Jr. 6. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE EVENTS CENTER ELECTION EXPENSES. ($45,000.) Sponsor: City Council/Rolfing and Anderson Jr. HEARINGS AND RESOLUTIONS 7. DEFERRED (from the Meeting of August 1, 2011): A RESOLUTION APPROVING THE FORM OF BALLOT, INCLUDING THE CITY ATTORNEY’S EXPLANATION, IN CONNECTION WITH THE ELECTION TO DETERMINE WHETHER THE CITY SHOULD CONSTRUCT AN EVENTS CENTER. ($115,000,000.00) Sponsor: City Council/Rolfing and Anderson Jr. 8. DEFERRED (from the meeting of August 1, 2011): A RESOLUTION PROVIDING THAT A PROPOSAL TO CONSTRUCT AN EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”) WILL BE SUBJECT TO THE APPROVAL OF THE VOTERS AT A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2011. Sponsor: City Council/Rolfing and Anderson Jr. 9. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Public Parking 10. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Parks Department 11. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Public Works 12. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Planning and Building Services 13. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Finance and Planning and Building Services 14. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 15. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AGREEMENT FOR A FUTURE CASH GIFT DERIVED FROM THE PROCEEDS OF A LAKE HOME TO CONSTRUCT AN EDUCATIONAL CENTER AND A GARDEN AT THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE. Sponsor: Mayor/Parks and Recreation 16. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE CITY OF MONTROSE A 1999 DODGE CARAVAN MINIVAN. Sponsor: Mayor/Community Development NEW BUSINESS/ITEMS ADDED AFTER DEADLINE The City Council may include other such business as may come before this body. ADJOURNMENT MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16. CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

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