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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 8, 2015

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Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, September 8, 2015, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kermit L. Staggers Council Member Rex Rolfing Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Mayor Mike T. Huether INVOCATION  Pastor Kevin Schneider, Good News Reformed Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Suicide Prevention Week - September 7-13, 2015  Fetal Alcohol Spectrum Disorders Awareness Day - September 9, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting on Tuesday, September 1, 2015, at 4 p.m.  Regular City Council Meeting on Tuesday, September 1, 2015, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the September 3, 2015, memo. 2. A memorandum dated August 31, 2015, declaring surplus property. 3. Report of Requests for Quotes for Fuel dated: August 28, 2015; Unleaded Ethanol; 624 Gallons; Midway Service ($2.0430); Howe's Oil ($2.1830); Stern Oil ($2.1140). Bid awarded to: Midway Service. 4. Report of Requests for Quotes for Fuel dated: August 28, 2015; Clear Diesel #2; 991 Gallons; Midway Service ($1.8410); Howe's Oil ($1.9360); Stern Oil ($1.8986). Bid awarded to: Midway Service. NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 15, 2015, at 7 p.m. for Items 5 and 6: 5. Special One-Day Malt Beverage License for The Banquet to be operated at Cliff Avenue Greenhouse & Garden Center, 2101 East 26th Street, for a Supply Our Students fundraiser on October 1, 2015, and authorize publication of notice on September 5, 2015. 6. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016, AND THE 2016-2020 CAPITAL PROGRAM. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. PUBLIC INPUT Bruce Danielson spoke regarding the new video recording system, SIRE searching capabilities, press release regarding Forbes article, and the Argus Leader editorial regarding the Events Center. INTRODUCTION AND ADOPTION OF ORDINANCES 7. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 57: GARBAGE AND RECYCLING TO CHANGE THE COMPOSITION OF THE SOLID WASTE PLANNING BOARD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Christine M. Erickson to adopt said Ordinance No. 90-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 15, 2015, at 7 p.m. on Item 8: 8. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF THE INDOOR AQUATIC CENTER AT SPELLERBERG PARK TO “MIDCO® AQUATIC CENTER,” AND AUTHORIZING THE MAYOR TO ENTER INTO A TITLE SPONSORSHIP AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MIDCONTINENT COMMUNICATIONS. 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 Tuesday, September 15, 2015, at 7 p.m. on Item 8. Vote to set a date: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 15, 2015, at 7 p.m. on Item 9: 9. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, September 15, 2015, at 7 p.m. on Item 9. Vote to set a date: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 10. PUBLIC HEARING FOR PUBLIC INPUT FOR A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016, AND THE 2016-2020 CAPITAL PROGRAM. Public Input was taken at this time. 11. A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR THE COLLECTION OF PAST DUE OCCUPANCY TAX IN THE CITY OF SIOUX FALLS, SD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 86-15. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 6. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 86-15 A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR THE COLLECTION OF PAST DUE OCCUPANCY TAX IN THE CITY OF SIOUX FALLS, SD. WHEREAS, SDCL 9-55-13 provides for the special assessment against real property located in a Business Improvement District and the Sioux Falls City Ordinance §37.193 an occupational tax for transient guests. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the assessment roll for past due occupancy tax for the property with an address of 5100 N. Cliff Ave. in the City of Sioux Falls, SD, with legal description: LOT 22 (EX W 42ꞌ & EX S 15ꞌ) & LOT 23 (EX S 15ꞌ) NORTH SIDE GARDENS IN THE SW1/4 SW1/4 OF SECTION 27-T102N-R49W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA, 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 the County Treasurer as provided in SDCL 9-43. Date adopted: 09/08/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 one installment, together with interest not to exceed 3.75 percent per annum in accordance with SDCL 9-43 and SDCL 9-55-13. The first installment with interest will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2016. 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 September, 2015, and that the entire assessment may be paid without interest to the City Finance Office on or before October 8, 2015. Lorie Hogst Lorie Hogstad City Clerk 12. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MATT BURNS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 87-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. RESOLUTION NO. 87-15 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MATT BURNS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following mayoral appointment: Matt Burns, Police Chief Date adopted: 09/08/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 13. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 2898-2015—WESTWOOD VALLEY II ADDITION. A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to adopt said Resolution No. 88-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. RESOLUTION NO. 88-15 ANNEXATION 2898-2015—WESTWOOD VALLEY II ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is access to the major street network once streets are extended from the east and adequate provisions for municipal utilities once water and sanitary sewer are extended from the east by others. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory. The E 430' of the W1/2 of the N1/2 of the SW1/4 of Section 28-T101N-R50W, and the E 1,360' of the S1/2 of the SW1/4 of Section 28-T101N-R50W, including adjacent 267th St. right-of-way as shown, all in Minnehaha County, SD 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: 09/08/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 14. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER 20, CITY OF SIOUX FALLS. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 89-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. RESOLUTION NO. 89-15 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER 20, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has recommended the creation of Tax Incremental District Number 20 and has submitted a proposed Project Plan for Tax Incremental District Number 20, City of Sioux Falls; and WHEREAS, the City of Sioux Falls has the authority, pursuant to SDCL § 11-9-2(1), to create Tax Incremental District Number 20, City of Sioux Falls, and define its boundaries; and WHEREAS, the property within Tax Incremental District Number 20, City of Sioux Falls, meets the qualifications and criteria set forth in SDCL 11-9; and WHEREAS, the District shall be created upon the effective date of the resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That: 1. Declaration of Necessity and Enhancement. The City Council declares the necessity for the creation of the Tax Incremental District Number 20, City of Sioux Falls, pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. Improvements to the District will likely add millions of dollars in assessed valuation to the District and will significantly and substantially enhance the value of all property in the District. 2. Findings of Blight. The City Council finds that more than twenty five percent (25%) of the property in the District is a blighted area as defined in SDCL 11-9. 3. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed ten percent (10%) of the total assessed valuation of the City. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9 the Tax Incremental District Number 20, City of Sioux Falls (the “District”). The District is hereby created on the day this resolution becomes effective, which shall be 20 days after publication. 5. Designation of District boundaries. The District shall have boundaries as shown and described on Exhibit A. 6. The Project shall comply with the City’s adopted 2035 Growth Management Plan, all City and state ordinances, resolutions, regulations, and codes, the approved Project Plan, and the approved Development Agreement, all as amended from time to time. Date adopted: 09/08/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 15. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER 20, CITY OF SIOUX FALLS. A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 90-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, 0. Motion Passed. RESOLUTION NO. 90-15 A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER 20, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission recommended approval of the Project Plan for Tax Incremental District Number 20, City of Sioux Falls, which identifies certain development activities and public improvements to be undertaken by the City or private developers and paid for, in whole or in part, from the collection of tax increment revenues derived from the District; and WHEREAS, the tax increment Project Plan is both economically feasible and in conformity with the adopted 2025 Downtown Plan and the adopted Sioux Falls 2035 Growth Management Plan; and WHEREAS, the District will be created upon the effective date of this resolution; and WHEREAS, it is anticipated that project costs, less the finance costs, in the Plan will be expended prior to September 15, 2020; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Project Plan for Tax Incremental District Number 20, as attached, is hereby approved. BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL 11-9, the Mayor is authorized to negotiate all necessary tax increment bonds, contracts, and agreements for implementation of the Project Plan, including the transfer of positive tax increment revenues to the developer(s) of the real property within District 20 up to a maximum of $2,900,000 plus interest all in accordance with state statutes, including but not limited to SDCL 11-9, all local ordinances, resolutions, regulations, codes, growth plans and the adopted Project Plan all such bonds, contracts and agreements subject to final City Council approval and any City Council approved resolution or ordinance regarding Tax Incremental District Number 20 becoming effective. Date adopted: 09/08/15 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk Council Member Christine M. Erickson left the meeting at this time. 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LIST OF LEGAL DESCRIPTIONS IN VACATION RESOLUTION NO. 55-15. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adopt said Resolution No. 91-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 6. Noes, 0. Motion Passed. RESOLUTION NO. 91-15 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LIST OF LEGAL DESCRIPTIONS IN VACATION RESOLUTION NO. 55-15. WHEREAS, on July 14, 2015, the City Council of the City of Sioux Falls adopted Resolution No. 55-15 to vacate the alley right-of-way from the east right-of-way line of N. Helen Ave. to the west right-of-way line of N. Harlem Ave.; and WHEREAS, certain legal descriptions as set forth in Resolution 55-15 were not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the list of legal descriptions in Resolution 55-15 is hereby corrected to read as follows: Lots 1–13 (inclusive) and Lot 18, Block 7, and Lots 1–13 (inclusive) and Lot 18, Block 8, Subdivision of Blocks 3, 4, 5, 6, 7, and 8 of Harrison Addition to Sioux Falls, SD, according to the plat thereof, and vacated Haley Ave. abutting thereto 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: 09/08/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 17. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 10- FOOT AND 5 FOOT UTILITY EASEMENTS AND A PERMANENT 10 FOOT SANITARY SEWER EASEMENT LOCATED IN TRACT 6B OF PARK SOUTH, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to adopt said Resolution No. 92-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 6. Noes, 0. Motion Passed. RESOLUTION NO. 92-15 A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 10-FOOT AND 5-FOOT UTILITY EASEMENTS AND A PERMANENT 10-FOOT SANITARY SEWER EASEMENT LOCATED IN TRACT 6B OF PARK SOUTH, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent 10-foot and 5-foot utility easement areas, and the permanent sanitary sewer easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent 10-foot utility easement area was established by Book 39 of Plats on Pages 106 to 108 of Tract 6 (replatted as Tract 6A and then replatted as Tract 6B) of Park South, an Addition to the City of Sioux Falls, Minnehaha County, SD, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on June 6, 1978, and the permanent 5-foot utility easement area was established by Book 58 of Plats on Page 83 of Tract 6B of Park South, an Addition to the City of Sioux Falls, Minnehaha County, SD, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on May 10, 1996, and the permanent 10-foot sanitary sewer easement was established by an Easement document on Tract 6A (replatted as Tract 6B) of Park South, an Addition to the City of Sioux Falls, Minnehaha County, SD, dated September 13, 1984, and recorded in Book 153 of Miscellaneous on Pages 170 and 171 in the office of the Register of Deeds for Minnehaha County, SD, on October 2, 1984; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent 10-foot and 5-foot utility easement areas and the permanent 10-foot sanitary sewer easement area, as shown on attached Exhibit A, and affecting the real property described as Tract 6B (and on the original Tract 6 and on the replatted Tract 6A) of South Park, an Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 09/08/15. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 18. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 20- FOOT DRAINAGE EASEMENT LOCATED IN TRACT 6B OF PARK SOUTH, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Rick Kiley and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 93-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 6. Noes, 0. Motion Passed. RESOLUTION NO. 93-15 A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 20-FOOT DRAINAGE EASEMENT LOCATED IN TRACT 6B OF PARK SOUTH, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent 20-foot drainage easement area across the above-described real property, as shown on Exhibit B. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent 20-foot drainage easement area was established by Book 39 of Plats on Pages 106 to 108 of Tract 6 of Park South, an Addition to the City of Sioux Falls, Minnehaha County, SD, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on June 6, 1978, and replatted and reconfirmed by Book 45 of Plats on Page 30 of Tract 6A of Park South, an Addition to the City of Sioux Falls, Minnehaha County, SD, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on December 21, 1983, and replatted and reconfirmed by Book 58 of Plats on Page 83 of Tract 6B of Park South, an Addition to the City of Sioux Falls, Minnehaha County, SD, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on May 10, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent 20-foot drainage easement area, as shown on attached Exhibit B, and affecting the real property described as Tract 6B (and on the original Tract 6 and on the replatted Tract 6A) of South Park, an Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: _09/08/15. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 19. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, OCTOBER 20, 2015, TO MONDAY, OCTOBER 19, 2015. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution No. 94-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 6. Noes, 0. Motion Passed. RESOLUTION NO. 94-15 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, OCTOBER 20, 2015, TO MONDAY, OCTOBER 19, 2015. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday, October 20, 2015, will be rescheduled to 7 p.m., Monday, October 19, 2015. This resolution is necessary as October 20, 2015, is the Sioux Falls Area Chamber of Commerce 109th Annual Meeting. Date adopted: 09/08/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 20. REPORT OF THE AUGUST 27, 2015, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Council Member Kenny Anderson Jr. asked that the Space Needs Project Update be presented to the Council at the Informational Meeting of September 15, 2015, prior to the adoption of the budget that evening. ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adjourn at 8:02 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Lorie Hogstad, CMC 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) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. 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: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9 A.M. ON THURSDAYS, AND 6 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8 A.M. ON THURSDAYS, AND 5 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10 A.M. ON THURSDAYS, AND 7 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8 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 Tuesday, September 8, 2015 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Mayor Mike T. Huether INVOCATION ● Pastor Kevin Schneider, Good News Reformed Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Suicide Prevention Week - September 7-13, 2015 ● Fetal Alcohol Spectrum Disorders Awareness Day - September 9, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting on Tuesday, September 1, 2015, at 4 p.m. ● Regular City Council Meeting on Tuesday, September 1, 2015, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the September 3, 2015, memo. 2. A memorandum dated August 31, 2015, declaring surplus property. 3. Report of Requests for Quotes for Fuel dated: August 28, 2015; Unleaded Ethanol; 624 Gallons; Midway Service ($2.0430); Howe's Oil ($2.1830); Stern Oil ($2.1140). Bid awarded to: Midway Service. 4. Report of Requests for Quotes for Fuel dated: August 28, 2015; Clear Diesel #2; 991 Gallons; Midway Service ($1.8410); Howe's Oil ($1.9360); Stern Oil ($1.8986). Bid awarded to: Midway Service. NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 15, 2015, at 7 p.m. for Items 5 and 6: 5. Special One-Day Malt Beverage License for The Banquet to be operated at Cliff Avenue Greenhouse & Garden Center, 2101 East 26th Street, for a Supply Our Students fundraiser on October 1, 2015, and authorize publication of notice on September 5, 2015. 6. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016, AND THE 2016-2020 CAPITAL PROGRAM. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES 7. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 57: GARBAGE AND RECYCLING TO CHANGE THE COMPOSITION OF THE SOLID WASTE PLANNING BOARD. Set a date of hearing and 2nd Reading for Tuesday, September 15, 2015, at 7 p.m. on Item 8: 8. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF THE INDOOR AQUATIC CENTER AT SPELLERBERG PARK TO “MIDCO® AQUATIC CENTER,” AND AUTHORIZING THE MAYOR TO ENTER INTO A TITLE SPONSORSHIP AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MIDCONTINENT COMMUNICATIONS. Set a date of hearing and 2nd Reading for Tuesday, September 15, 2015, at 7 p.m. on Item 9: 9. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016. HEARINGS AND RESOLUTIONS 10. PUBLIC HEARING FOR PUBLIC INPUT FOR A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016, AND THE 2016-2020 CAPITAL PROGRAM. 11. A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR THE COLLECTION OF PAST DUE OCCUPANCY TAX IN THE CITY OF SIOUX FALLS, SD. 12. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MATT BURNS. 13. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 2898-2015—WESTWOOD VALLEY II ADDITION. 14. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER 20, CITY OF SIOUX FALLS. 15. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER 20, CITY OF SIOUX FALLS. 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LIST OF LEGAL DESCRIPTIONS IN VACATION RESOLUTION NO. 55-15. 17. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 10- FOOT AND 5 FOOT UTILITY EASEMENTS AND A PERMANENT 10 FOOT SANITARY SEWER EASEMENT LOCATED IN TRACT 6B OF PARK SOUTH, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 18. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 20- FOOT DRAINAGE EASEMENT LOCATED IN TRACT 6B OF PARK SOUTH, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 19. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, OCTOBER 20, 2015, TO MONDAY, OCTOBER 19, 2015. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 20. REPORT OF THE AUGUST 27, 2015, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS ITEMS ADDED AFTER AGENDA 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) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. 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: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9 A.M. ON THURSDAYS, AND 6 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8 A.M. ON THURSDAYS, AND 5 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10 A.M. ON THURSDAYS, AND 7 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

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