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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, December 18, 2012, at 7:00 PM
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ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
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PRESENT |
ABSENT |
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Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member James Entenman Mayor Mike T. Huether |
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A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to approve the Consent Agenda. |
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Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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Informational Meeting of Tuesday, December 11, 2012, at 4:00 p.m. |
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City Council Meeting of Tuesday, December 11, 2012, at 7:00 p.m. |
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1. |
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Sponsor: Mayor/Finance |
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2. |
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Sponsor: Mayor/Finance |
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8. |
A memorandum dated December 10, 2012, declaring surplus capital items that were demolished as part of infrastructure upgrades. |
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Sponsor: Mayor/Finance |
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Set a date of hearing for Wednesday, January 2, 2013 at 7:00 p.m. on Items 14 through 17: |
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14. |
New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC, Dollar General Store #10699, to be operated at 1609 East Rice Street. |
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Sponsor: Mayor/City Attorney |
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A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve the Regular Agenda. |
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A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Dean Karsky to amend the Regular Agenda by moving Item 31 after Item 21 on the agenda. |
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Vote to amend: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Michelle Erpenbach, 1. |
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Motion Passed. |
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Vote to approve as amended: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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Charlie Roberts spoke on the Spellerberg Park Pool Indoor Aquatics Center and gave the Council members a handout. Tim Stanga also spoke on the Spellerberg Park pool, the railroad relocation project, tree trimming, the condition of the Arena, maintenance of City-owned facilities, and the potential purchase of Lowell Elementary School. |
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21. |
Rescind Retail Malt Beverage License for SMG, Sioux Falls Arena, 1201 North West Avenue, effective December 31, 2012. |
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Sponsor: Mayor/City Attorney |
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A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to approve Items 18 through 21. |
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Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
Item 31 was considered at this time. See item for action taken.
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22. |
2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2012 INTERNATIONAL BUILDING CODE AND AMENDMENTS THERETO. |
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Sponsor: Mayor/Planning and Building Services |
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A motion was made by Council Member Greg Jamison and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 99-12. |
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A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to amend the ordinance as follows:
· Amend section [F] 903.2.8 Group R to read as follows: “An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R-1 and R-4 fire areas. An automatic fire-extinguishing system shall be provided throughout all buildings with a Group R-2 fire area more than two stories in height, including basements, or having more than 16 dwelling units.” · The “Exception section” previously added has been deleted. · The section regarding the sprinkler units will go to the Public Services Committee. |
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Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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Vote to adopt as amended: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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23. |
2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2012 INTERNATIONAL FIRE CODE AND AMENDMENTS THERETO. |
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Sponsor: Mayor/Sioux Falls Fire Rescue |
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A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance No. 100-12. |
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A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to amend the ordinance as follows:
· Amend section [F] 903.2.8 Group R to read as follows: “An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R-1 and R-4 fire areas. An automatic fire-extinguishing system shall be provided throughout all buildings with a Group R-2 fire area more than two stories in height, including basements, or having more than 16 dwelling units.” · The “Exception section” previously added has been deleted. · The section regarding the sprinkler units will go to the Public Services Committee. |
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Vote to adopt as amended: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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24. |
2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2012 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS THERETO. |
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Sponsor: Mayor/Planning and Building Services |
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A motion was made by Council Member Dean Karsky and seconded by Council Member James Entenman to adopt said Ordinance No. 101-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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25. |
2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2012 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS THERETO. |
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Sponsor: Mayor/Planning and Building Services |
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A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 102-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance No. 103-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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27. |
2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS THERETO. |
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Sponsor: Mayor/Planning and Building Services |
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A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Ordinance No. 104-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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Set a date of hearing and 2nd Reading for Wednesday, January 2, 2013 at 7:00 p.m. on Item 28: |
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A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to set a date of hearing and 2nd Reading for Wednesday, January 2, 2013, at 7:00 p.m. on Item 28. |
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Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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Set a date of hearing and 2nd Reading for Wednesday, January 2, 2013 at 7:00 p.m. on Item 29: |
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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 Wednesday, January 2, 2013, at 7:00 p.m. on Item 29. |
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Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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30. |
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Sponsor: City Council |
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A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 92-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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RESOLUTION NO. |
92-12 |
A RESOLUTION APPROVING THE 2013 AUDIT PLAN.
WHEREAS, The audit committee shall develop and submit to the City Council for approval an annual audit plan pursuant to Ordinance No. 120-05; and
WHEREAS, the audit committee has developed and approved such a plan for 2013;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and part of this resolution entitled 2013 Audit Plan, City of Sioux Falls is hereby approved.
That the Lead Internal Auditor is authorized to carry out the audits and other projects as described in the 2013 Audit Plan.
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Date adopted: |
12/18/12 |
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Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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31. |
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CALLING FOR A SPECIAL CITY ELECTION. |
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Sponsor: City Council |
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A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution. |
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Vote to adopt: Roll Call: Yeses, Greg Jamison, Kermit L. Staggers, Kenny Anderson Jr., 3. Noes, Michelle Erpenbach, Dean Karsky, Rex Rolfing, Sue Aguilar, James Entenman, 5. |
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Motion Failed. |
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32. |
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 2012-11-18: SUNDOWNER AVE. BETWEEN 69TH ST. AND 85TH ST.) |
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Sponsor: Mayor/Planning and Building Services |
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A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 93-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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RESOLUTION NO. |
93-12 |
ANNEXATION 2012-11-18: SUNDOWNER AVE. BETWEEN 69TH ST. AND 85TH ST.
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
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:
- The property has been properly described and is contiguous to the current city limits.
- The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan.
- There is adequate provision for municipal utilities and access to the major street network except for the following:
a. Sewer, water, and street improvements will not be available in the next five years. The owner acknowledges that sewer, water, and street improvements are not available at this time. The proposed electrical substation does not require sewer or water.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the following described properties be and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, and the boundary of the city is hereby extended to include such territory.
Tract 1 of Sundowner Substation in the SE1/4 of Section 13-T100-R51, Lincoln County, South Dakota
And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution.
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Date adopted: |
12/18/12 |
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Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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33. |
A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER EIGHTEEN, CITY OF SIOUX FALLS. Planning Commission recommends approval. |
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Sponsor: Mayor/Community Development |
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A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to adopt said Resolution No. 94-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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RESOLUTION NO. |
94-12 |
A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER EIGHTEEN, CITY OF SIOUX FALLS.
WHEREAS, the City Planning Commission has recommended the creation of Tax Incremental District Number Eighteen and has submitted a proposed project plan for Tax Incremental District Number Eighteen, 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 Eighteen, City of Sioux Falls, and define its boundaries; and
WHEREAS, the property within Tax Incremental District Number Eighteen, 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 Eighteen, 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 Eighteen, 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. Projects within the District must comply with the City’s adopted 2035 Growth Management Plan [Comprehensive Plan] and all other appropriate plans and regulations.
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Date adopted: |
12/18/12 |
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Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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34. |
A RESOLUTION APPROVING THE PROJECT PLAN FOR SIOUX FALLS TAX INCREMENTAL DISTRICT NUMBER EIGHTEEN. Planning Commission recommends approval. |
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Sponsor: Mayor/Community Development |
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A motion was made by Council Member Rex Rolfing and seconded by Council Member James Entenman to adopt said Resolution No. 95-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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RESOLUTION NO. |
95-12 |
A RESOLUTION APPROVING THE PROJECT PLAN FOR SIOUX FALLS TAX INCREMENTAL DISTRICT NUMBER EIGHTEEN.
WHEREAS, the City Planning Commission recommended approval of the project plan for Tax Incremental District Number Eighteen, 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 2015 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 January 11, 2018;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the project plan for Tax Incremental District Number Eighteen is hereby approved.
BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City of Sioux Falls is provided approval through this resolution to enter into all necessary agreements for the implementation of the Tax Incremental District Number Eighteen project plan.
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Date adopted: |
12/18/12 |
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Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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35. |
A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS LEGISLATIVE PRIORITIES FOR THE 2013 STATE LEGISLATIVE SESSION. |
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Sponsor: City Council |
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A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 96-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L. Staggers, 1. |
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Motion Passed. |
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RESOLUTION NO. |
96-12 |
A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS' LEGISLATIVE PRIORITIES FOR THE 2013 STATE LEGISLATIVE SESSION.
WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; and
WHEREAS, the Sioux Falls City Council serves on the South Dakota Municipal League’s policy committees and supports the League’s 2013 Statements of Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the Sioux Falls City Council, in conjunction with the South Dakota Municipal League, opposes any legislation which would inhibit municipalities from providing services requested by citizens in whatever form the citizens approve and opposes any legislation that restricts local control over taxation and spending.
The Sioux Falls City Council supports legislation increasing the number of months an underage alcohol violation can be counted from 24 to 36 months when considering suspension or revocation.
The Sioux Falls City Council supports legislation giving municipalities the authority to restrict the possession of firearms or any dangerous weapon in any building occupied as official offices of municipal officials or any building where the municipal governing body officially meets on a regular basis.
The Sioux Falls City Council supports legislation to allow future employees to become members of the South Dakota Retirement System.
The Sioux Falls City Council supports legislation giving any municipality, sanitary sewer district, other government subdivision, or combination thereof the ability to charge customers for past and future capital costs for new capacity.
The Sioux Falls City Council supports legislation making the half-cent tourism tax permanent.
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Date adopted: |
12/18/12 |
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Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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36. |
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. |
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Sponsor: Mayor |
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A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to adopt said Resolution No. 97-12. |
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Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8. Noes, 0. |
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Motion Passed. |
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RESOLUTION NO. |
97-12 |
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:
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Name |
Board |
Term |
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Dixie Hieb |
Board of Historic Preservation |
Reappointed for a term from January 2013 to January 2016. |
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Virgil Andersen |
Board of Museum Trustees |
Reappointed for a term from January 2013 to January 2016. |
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Robert Kolbe |
Board of Museum Trustees |
Appointed for a term from January 2013 to January 2016 (to replace Patrick McGreevy). |
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Tim Galbraith |
Infrastructure Review Advisory Board |
Reappointed for a term from January 2013 to January 2016 (local utility co. rep.). |
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Baron Wolfgang |
Orpheum Theater Advisory Board of Directors |
Reappointed for a term from January 2013 to January 2016. |
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Cindy Neuroth |
Solid Waste Planning Board |
Appointed for a term from
January 2013 |
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Merle Wollman |
Solid Waste Planning Board |
Reappointed for a term from January 2013 to January 2016 (SD Multi-Housing rep.). |
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Date adopted: |
12/18/12 |
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Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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A motion was made by Council Member James Entenman and seconded by Council Member Greg Jamison to adjourn at 10:16 p.m. |
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The Mayor called for a voice vote. All members presented voted yes. |
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Lorie Hogstad, CMC |
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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.
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