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City Council Meeting

Regular Meeting

Sioux Falls, SD · November 14, 2011

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, November 14, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Sue Aguilar Council Member Greg Jamison Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member James Entenman Council Member Michelle Erpenbach Council Member Dean Karsky Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION  Pastor Pat McClanahan, Free Methodist Common Ground Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, November 7, 2011, at 4:00 p.m.  City Council Meeting of Monday, November 7, 2011, at 7:00 p.m. COMMUNICATIONS 1. November 7, 2011, Notice of Contracts/Agreements Sponsor: Mayor/Finance 2. November 7, 2011, Notice of Amendments and Change Orders Sponsor: Mayor/Finance 3. A communication was received from Cellular Only requesting permission to consume, but not sell, liquor, wine and beer at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, January 7, 2012, from 6:00 p.m. to 11:00 p.m. for a company Christmas/Holiday Party for the staff. Sponsor: SDCL 35-1-5.3 4. A communication was received from Megan Moline requesting permission to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth St. on Saturday, April 21, 2012, from 7:30 p.m. to 12:00 a.m. for the purpose of a wedding reception. Sponsor: SDCL 35-1-5.3 5. A communication was received from the Dakota Country Dance Club to conduct raffles on the dates listed. The tickets will be sold for $1.00 each. The raffles are a 50/50 drawing with half going to the winner and half to the organization. Proceeds from the raffles will be used to make donations to the Volunteers of America, the Moose Lodge (Mooseheart) and the Children’s Inn. The dates are: November 18, 2011; December 16, 2011; January 20, 2012; February 17, 2012; and March 16, 2012. Sponsor: SDCL 25-25-25 6. A communication was received from the Phi Beta Lambda at Colorado Technical University to hold four raffles. The tickets will be sold for $1.00 each or $5.00 for six. The proceeds from the raffles are used for student support, and donations to the food bank and the Salvation Army. The dates are: February 3 through February 13, 2012; May 21 through May 30, 2012; July 22 through July 29, 2012; and November 22 through November 29, 2012. Sponsor: SDCL 25-25-25 NOTICE OF HEARINGS Set a date of hearing for Monday, December 5, 2011, at 7:00 p.m. for Item 7: 7. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Community Development REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to approve the Regular Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to amend the main motion and the Regular Agenda by adding an Item as Item 15, as read by the Assistant City Clerk. Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to amend the main motion and the Regular Agenda by adding an Item as Item 16, as read by the Assistant City Clerk. Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Vote to approve, as amended: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. PUBLIC INPUT Ray Woodsend spoke regarding financing the bond for the Events Center. Anita Shearer spoke regarding transparency in government and mentioned several items that have been discussed in Public Input before the Sioux Falls City Council. Andy Traub spoke regarding code enforcement. He also thanked Interim City Clerk Sue Roust for her role in the election process. 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 45, FLOODPLAIN MANAGEMENT ORDINANCE. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Ordinance 85-11. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. for Item 9: 9. 1st 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. Sponsor: City Council/Jamison and Erpenbach A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to set a date of hearing and 2nd reading for Monday, November 21, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. for Item 10: 10. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA (THE “CITY”), AUTHORIZING THE ISSUANCE OF ITS SALES TAX REVENUE BONDS, AUTHORIZING THE USE OF THE PROCEEDS THEREOF TO PAY THE COSTS TO DESIGN, CONSTRUCT, EQUIP, AND FURNISH A MULTIPURPOSE EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS AT THE CURRENT SITE OF THE SIOUX FALLS CONVENTION CENTER, AND THE COST OF ISSUANCE THEREOF, AND PLEDGING A PORTION OF THE SALES AND USE TAX PROCEEDS OF THE CITY TO THE PAYMENT OF SAID SALES TAX REVENUE BONDS, FIXING THE TERMS OF SUCH SALES TAX REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED INDENTURE OF TRUST BETWEEN THE CITY AND THE FIRST NATIONAL BANK IN SIOUX FALLS, AND AUTHORIZING THE SALE, EXECUTION, AND DELIVERY OF SUCH SALES TAX REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $115,000,000 PLUS COSTS OF ISSUANCE, CAPITALIZED INTEREST, IF ANY, AND DEBT SERVICE RESERVE FUNDS. Sponsor: Mayor/Finance Council Member Anderson Jr. left the meeting at this time. A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 6. Noes, 0. Motion Passed. Council Member Anderson Jr. returned to the meeting at this time. HEARINGS AND RESOLUTIONS 11. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON BOTH SIDES OF N. CLIFF AVE. FROM E. BENSON RD. TO E. 60TH ST. N. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor/Public Works A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution 93-11. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 93-11 A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON BOTH SIDES OF N. CLIFF AVE. FROM E. BENSON RD. TO E. 60TH ST. N. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the City of Sioux Falls, SD, fronting or abutting upon the following described property to be assessed: N. Cliff Ave. from E. Benson Rd. to E. 60th St. N. S300' E262.6' (ex H1) SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD N600.9' S900' E904.2' (ex Tracts 33 and 34 and Dakotaland Addn.) SE1/4 SE1/4 Sec. 33- T102N-R49W, Minnehaha County, SD Tract 34 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 33 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tracts 15-18 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 14 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 13 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 12 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 11 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 10 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 9 and S1/2 vac. E. 52nd St. N lying adj. SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 8 and N1/2 vac. E. 52nd St. N lying adj. SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 7 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tracts 1-6 and 26-32 SE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD E284.63' (ex H-1) Tract 14 Benson's Tracts to City of Sioux Falls, Minnehaha County, SD Tract 13 Benson's Tracts to City of Sioux Falls, Minnehaha County, SD Tract 12 and E584.9' vac. street lying adj. Benson's Tracts to City of Sioux Falls, NE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tracts 10 and 11 Benson's Tracts to City of Sioux Falls, Minnehaha County, SD Tracts 8 and 9 Benson's Tracts to City of Sioux Falls, Minnehaha County, SD Tract 6 NE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tract 5 NE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Tracts 3 and 4 NE1/4 Sec. 33-T102N-R49W, Minnehaha County, SD Lot B Ronald McDonald 2nd Addn. to City of Sioux Falls, Minnehaha County, SD Lot 1 Ronald McDonald 2nd Addn. to City of Sioux Falls, Minnehaha County, SD W200' Tract 1 (ex H1) Elmen Addn., City of Sioux Falls, Minnehaha County, SD Tract 2A Elmen Addn., City of Sioux Falls, Minnehaha County, SD Tract 1B Elmen Addn., City of Sioux Falls, Minnehaha County, SD A tract 100'x435' south of Tract 11 SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 11 (ex N350' & H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD N350' Tracts 11 and 12 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD W116' E176' Tract 10 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 9 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 8 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 7 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 6 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 5 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD S34' Tract 4 (ex H-1) SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD E175.4' W207.5' Tract 3 (ex H-1) SW1/4 Sec. 34-T102-R49W, Minnehaha County, SD Lot 1 Tract 2 SW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Tract 2 (ex H-1 and Lot 1 Tract 2) SW1/4 Sec. 34-T102-R49W, Minnehaha County, SD W185.6' Olson Tr 1 & W185.6' E385.6' Tr 1 & E185.6' W235.6' S67' N100' SW1/4 Sec. 34- T102N-R49W, Minnehaha County, SD S150' E250' W300' S285.9' N1,283.9' SW1/4 NW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD N135.9' E250' W300' S285.9' N1,283.9' SW1/4 NW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD S264' N998' (ex H4 & ex Rush Addn.) SW1/4 NW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Lot A McGinnis Tract 1, SW1/4 NW1/4 Sec. 34-T102N-R49W, Minnehaha County, SD Lot 1 Dakota Beverage Addn., City of Sioux Falls, Minnehaha County, SD Tract 1 Peterbilt Addn., City of Sioux Falls, Minnehaha County, SD Tr 4 Engels Addn. to City of Sioux Falls, Minnehaha County, SD Tract 3A Engels' Addn., City of Sioux Falls, Minnehaha County, SD Tract 1 RDR Addn., City of Sioux Falls, Minnehaha County, SD County Aud. Subd. Tract 3 (ex N11') & Tract 4 & N14.5' Tract 5 NW1/4 Sec. 34-T102N- R49W, Minnehaha County, SD Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 38-32 of the Revised Ordinances of Sioux Falls and SDCL Chapter 9-43. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Community Development, Carnegie Town Hall, 235 W. Tenth St., or call 367-7125, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in 5 equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-31 through 9-43-41. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Sidewalk...........................................................$20.00 Per Front Foot Engineering Fee ...............................................$4.00 Per Front Foot Section 6. The assessment will be levied on the above-described property pursuant to Section 38-32 of the Revised Ordinances of Sioux Falls. Date adopted: 11/14/11 . Mike T. Huether Mayor ATTEST: Sue Roust, Interim City Clerk 12. A RESOLUTION DECLARING THE OFFICIAL RESULTS OF THE CITY OF SIOUX FALLS SPECIAL ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 8TH DAY OF NOVEMBER, 2011. Sponsor: City Council/Karsky and Entenman A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to adopt said Resolution 94-11. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 94-11 A RESOLUTION DECLARING THE OFFICIAL RESULTS OF THE CITY OF SIOUX FALLS SPECIAL ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 8TH DAY OF NOVEMBER, 2011. On Tuesday, the 8th day of November, 2011, a City of Sioux Falls Special Election was held. The purpose of this election was to consider a 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). The City Council of the City of Sioux Falls met as the Canvassing Board pursuant to law on Monday, November 14, 2011, at the Carnegie Town Hall, 235 West 10th Street, Sioux Falls, South Dakota, at 7 p.m., to canvass the votes cast at said Special Election. Pursuant to the Canvassing Board’s report, the 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) received the following votes: YES: 23,284 58.08% NO: 16,807 41.92% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX FALLS, SD: That pursuant to the Canvassing Board’s report, the Proposition to Build an Events Center received a majority of affirmative votes cast. This resolution will become effective upon publication. Date adopted: 11/14/11 . Mike T. Huether Mayor ATTEST: Sue Roust, Interim City Clerk 13. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE ENGINEERING DEPARTMENT TO THE EVENTS CENTER DEPARTMENT PURSUANT TO SECTION 5.07 (d) OF THE SIOUX FALLS CITY CHARTER. ($50,000). Sponsor: Mayor/Public Works A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution 95-11. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 95-11 A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE ENGINEERING DEPARTMENT TO THE EVENTS CENTER DEPARTMENT PURSUANT TO SECTION 5.07 (d) OF THE SIOUX FALLS CITY CHARTER. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the appropriations in the Sales/Use Tax Fund be transferred: Transfer From: Purpose Amount Engineering Unencumbered appropriations $50,000 CIP No. 483099, School/Park Site Coord. balance exists. Sales/Use Tax Fund Transfer To: Events Center Expenditures for the $50,000 CIP No. 000122, Events Center purpose of testing Sales/Use Tax Fund and administration. Date adopted: 11/14/11 . Mike T. Huether Mayor ATTEST: Sue Roust, Interim City Clerk 14. A RESOLUTION AMENDING THE 2011–2015 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP NO. 000122, EVENTS CENTER, IN 2011. ($114,500.000). Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution 96-11. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 96-11 A RESOLUTION AMENDING THE 2011–2015 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP NO. 000122, EVENTS CENTER, IN 2011. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 2011–2015 Capital Program shall be amended as follows: Events Center Amend Capital Improvements Project No. 000122, Events Center, by increasing funding in 2011 by $114,500,000 for engineering and construction. This will require an increase in appropriations that will be funded by bond proceeds. Date adopted: 11/14/11 . Mike T. Huether Mayor ATTEST: Sue Roust, Interim City Clerk Items 15 and 16 were added with the approval of the Regular Agenda. NEW BUSINESS/ITEMS ADDED AFTER DEADLINE Ordinance: Set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. for Item 15: 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR SNOW REMOVAL OPERATIONS. ($1,800,000.) Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson, Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. Communication: 16. A communication was received from the Boys & Girls Clubs of the Sioux Empire requesting permission to consume, but not sell, wine and malt beverages at the Boys & Girls Clubs of the Sioux Empire, 824 E. 14th Street, on Wednesday, November 16, 2011 from 7:00 p.m. to 9:00 p.m. Sponsor: SDCL 35-1-5.3 A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to approve Item 16. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 6. Noes, 0. Council Member Kenny Anderson Jr. was excused from the meeting and vote on this item. Motion Passed. ADJOURNMENT A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adjourn the meeting at 8:07 p.m. Vote to adjourn: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. 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, November 14, 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 Dennis Thomas, Free Methodist Common Ground Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Monday, November 7, 2011, at 4:00 p.m. ● City Council Meeting of Monday, November 7, 2011, at 7:00 p.m. COMMUNICATIONS 1. November 7, 2011, Notice of Contracts/Agreements Sponsor: Mayor/Finance 2. November 7, 2011, Notice of Amendments and Change Orders Sponsor: Mayor/Finance 3. A communication was received from Cellular Only requesting permission to consume, but not sell, liquor, wine and beer at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, January 7, 2012, from 6:00 p.m. to 11:00 p.m. for a company Christmas/Holiday Party for the staff. Sponsor: SDCL 35-1-5.3 4. A communication was received from Megan Moline requesting permission to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, April 21, 2012, from 7:30 p.m. to 12:00 a.m. for the purpose of a wedding reception. Sponsor: SDCL 35-1-5.3 5. A communication was received from the Dakota Country Dance Club to conduct raffles on the dates listed. The tickets will be sold for $1.00 each. The raffles are a 50/50 drawing with half going to the winner and half to the organization. Proceeds from the raffles will be used to make donations to the Volunteers of America, the Moose Lodge (Mooseheart) and the Children’s Inn. The dates are: November 18, 2011; December 16, 2011; January 20, 2012; February 17, 2012; and March 16, 2012. Sponsor: SDCL 25-25-25 6. A communication was received from the Phi Beta Lambda at Colorado Technical University to hold four raffles. The tickets will be sold for $1.00 each or $5.00 for six. The proceeds from the raffles are used for student support, and donations to the Food Bank and the Salvation Army. The dates are: February 3 through February 13, 2012; May 21 through May 30, 2012; July 22 through July 29, 2012; and November 22 through November 29, 2012. Sponsor: SDCL 25-25-25 NOTICE OF HEARINGS Set a date of hearing for Monday, December 5, 2011, at 7:00 p.m. for Item 7: 7. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Community Development REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT 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 45, FLOODPLAIN MANAGEMENT ORDINANCE. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. for Item 9: 9. 1st 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. Sponsor: City Council/Jamison and Erpenbach Set a date of hearing and 2nd Reading for Monday, November 21, 2011, at 7:00 p.m. for Item 10: 10. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA (THE “CITY”), AUTHORIZING THE ISSUANCE OF ITS SALES TAX REVENUE BONDS, AUTHORIZING THE USE OF THE PROCEEDS THEREOF TO PAY THE COSTS TO DESIGN, CONSTRUCT, EQUIP, AND FURNISH A MULTIPURPOSE EVENTS CENTER AND ASSOCIATED SITE IMPROVEMENTS AT THE CURRENT SITE OF THE SIOUX FALLS CONVENTION CENTER, AND THE COST OF ISSUANCE THEREOF, AND PLEDGING A PORTION OF THE SALES AND USE TAX PROCEEDS OF THE CITY TO THE PAYMENT OF SAID SALES TAX REVENUE BONDS, FIXING THE TERMS OF SUCH SALES TAX REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED INDENTURE OF TRUST BETWEEN THE CITY AND THE FIRST NATIONAL BANK IN SIOUX FALLS, AND AUTHORIZING THE SALE, EXECUTION, AND DELIVERY OF SUCH SALES TAX REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $115,000,000 PLUS COSTS OF ISSUANCE, CAPITALIZED INTEREST, IF ANY, AND DEBT SERVICE RESERVE FUNDS. Sponsor: Mayor/Finance HEARINGS AND RESOLUTIONS 11. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON BOTH SIDES OF N. CLIFF AVE. FROM E. BENSON RD. TO E. 60TH ST. N. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor/Public Works 12. A RESOLUTION DECLARING THE OFFICIAL RESULTS OF THE CITY OF SIOUX FALLS SPECIAL ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 8TH DAY OF NOVEMBER, 2011. Sponsor: City Council/Karsky and Entenman 13. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE ENGINEERING DEPARTMENT TO THE EVENTS CENTER DEPARTMENT PURSUANT TO SECTION 5.07 (d) OF THE SIOUX FALLS CITY CHARTER. ($50,000). Sponsor: Mayor/Public Works 14. A RESOLUTION AMENDING THE 2011–2015 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP NO. 000122, EVENTS CENTER, IN 2011. ($114,500,000). Sponsor: Mayor/Public Works 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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