City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, March 12, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION  Pastor Sara McManus, First United Methodist Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, March 5, 2013, at 4:00 p.m.  Regular City Council Meeting of Tuesday, March 5, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on March 7, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on March 7, 2013 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: February 28, 2013; Diesel (#1 and #2 blend); 550 gallons; Howes Oil ($1,903.00); Midway Service ($1,916.75); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Sioux Falls Fire Rescue 4. Report of Request for Quotes for Fuel: February 28, 2013; Unleaded; 650 gallons; Howes Oil ($2,128.42); Midway Service ($2,147.93); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Sioux Falls Fire Rescue 5. A communication was received from Cody Raterman requesting permission to consume, but not sell, wine, beer and champagne at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, August 31, 2013 from 5:00 p.m. until 11:00 p.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 APPLICATIONS The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux Falls: Items 6-10: The property is exempt from the tax. 6. Platinum Valley LLP, Parcel 280.97.07.001A, Platinum Valley III Addition Lot 1A – Block 7, Sioux Falls, Lincoln County, for 2012 property taxes in the amount of $8.46. The City of Sioux Falls purchased 805 square feet. Sponsor: SDCL 10-18-1 7. Platinum Valley LLP, Parcel 280.97.06.015, Platinum Valley III Addition Lot 15 Block 6, Sioux Falls, Lincoln County, for 2012 property taxes in the amount of $42.38. The City of Sioux Falls purchased 2,968 square feet. Sponsor: SDCL 10-18-1 8. Emmett Guthmiller, Parcel 280.97.06.014, Platinum Valley III Lot 14 – Block 6, Sioux Falls, Lincoln County, for 2012 property taxes in the amount of $2.98. The City of Sioux Falls purchased 84 square feet. Sponsor: SDCL 10-18-1 9. Rolling Green Estates LLC, Parcel 281.33.01.002, Cinnamon Ridge Addition Lot  2 – Block 1, Sioux Falls, Lincoln County, for 2012 property taxes in the amount of $18.36. The City of Sioux Falls purchased 518 square feet. Sponsor: SDCL 10-18-1 10. Rolling Green Estates LLC, Parcel 281.33.01.001, Cinnamon Ridge Addition Lot 1 – Block 1, Sioux Falls, Lincoln County, for 2012 property taxes in the amount of $45.16. The City of Sioux Falls purchased 1,544 square feet. Sponsor: SDCL 10-18-1 The following abatements were recommended for approval by the Director of Equalization and the State’s Attorney’s Office for Minnehaha County; and the City Attorney for Sioux Falls: 11. Douglas Beltman, Parcel #78010, Lot 2 Block 6 Manifold Acres Addition to City of Sioux Falls, for 2011 property taxes in the amount of $803.04. The owner occupied status was removed in error for 2011 payable 2012. Sponsor: SDCL 10-18-1 Items 12-15: The amount requested is the difference between the elderly freeze and the non-elderly freeze. 12. Morris Moon, 2017 S. Covell Ave., City of Sioux Falls, for 2012 property taxes in the amount of $816.82. Sponsor: SDCL 10-18-1 13. Marlene Slendy, 3130 N. Cliff Ave., City of Sioux Falls, for 2012 property taxes in the amount of $603.86. Sponsor: SDCL 10-18-1 14. John Olinger, 2512 S. Blauvelt Ave., City of Sioux Falls, for 2012 property taxes in the amount of $1,176.22. Sponsor: SDCL 10-18-1 15. Caroline Anawski, 620 N. Franklin Ave., City of Sioux Falls, for 2012 property taxes in the amount of $327.22. Sponsor: SDCL 10-18-1 REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 8. Noes, 0. Motion Passed. PUBLIC INPUT There was none. VISITOR RECOGNITION Mayor Mike Huether gave recognition to the members of Boy Scout Troop 216 from Peace Lutheran Church. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, April 2, 2013, at 7:00 p.m. for Item 16: 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CERTAIN PROVISIONS OF CHAPTER 90 RELATING TO ANIMALS AND FOWL AND CHAPTER 92, HEALTH AND SANITATION. Sponsor: City Council A motion was made by Council Member Rex Rolfing and seconded by Council Member James Entenman to set a date of hearing and 2nd Reading for Tuesday, April 2, 2013, at 7:00 p.m. for Item 16. Vote to set a date: Roll Call: Yeses, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2013. Sponsor: Mayor/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 No. 16-13. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 16-13 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2013. WHEREAS, the 2013 SculptureWalk program will bring a large number of sculptures to the central business district for outdoor display; and WHEREAS, the SculptureWalk program enhances the beauty and culture of the downtown area for all citizens and visitors to enjoy; and WHEREAS, 55 of the proposed sculptures will be placed on public right-of-way or other publicly owned property; and WHEREAS, the exhibition of public art in the central business district is recommended and encouraged by the City of Sioux Falls’ 2015 Downtown Plan; and WHEREAS, the SculptureWalk program represents a broad collaboration of individuals and entities, both public and private, including Main Street Sioux Falls, the Sioux Falls Arts Council, the Chamber of Commerce, and the City of Sioux Falls; and WHEREAS, the Sioux Falls Visual Arts Commission and various City department staff have reviewed the proposed 2013 sculptures and their placements and recommend approval to the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement in public right-of-way and on public property of 55 sculptures, as described by the following: Sculptures and Artists The Point—Golliher Mother’s Cherished Moments—Hammond Real Thing—Badger Whoa—Salge Robot Face—P. Frazee Da Fans—Leuning/Treeby Three Cubs in a Tree—Thorsen Twilight—Maeck Whisperer—Gonzalez Ant-Venture—Belleveau Energy—Junk Time Stretch & Glitch Girl—Nienaber Crush—Harris Polar Bear—Shelledy Sioux Falls—Powell Getting the Net—Osamede Sentinel—McMahon Don’t Play with Your Food—Jones Madonna & Child—Haugen Dream of Flight—Maher The Journey—Bjorge Dreamer—Beuselinck Breaking Waves—Velez Lakota Sun—Morin Europa—Koffman Grackle Mania—D. Pettigrew Next Generation—Altman Rising Up—Miller Slapshot—J. Nelson Burrito—M. Pettigrew Ancient Warrior—Clements Percussion III—C. Anderson Eye the Wind—Clements Going Deep—Bruce Radiance—Johnson Wild on the Thule—Ghosh Mid Summer Night’s Dream—Choi Look and You Will Find It—Christopher Benediction—Carlyle The Thinker—Mozhnevsky Puffin Pie—Zimmerman Farmer—Starck Twisted Perch—Zelenak Butterfly—Frazee Seats Taken—Mendez Otter Woman—McKellar Gorgeous Gertie Grouper—Stone Threading the Needle—Domenico Brimstone—Eichinger Anywhere But Here—Pierce Vermont Winter Pastoral—Clear From the Waters—Kobald Agitated Avians—Snyder Crescendo—Spiczka Wind Swept—Ten Cate Cupid and Psyche—Swanson Locations South plaza at the Pavilion. On northwest corner of 11th Street and Main Avenue. On southeast corner of 11th Street and Main Avenue. On northwest corner of 11th Street and Phillips Avenue. Midblock, west side between Tenth Street and 11th Street on Phillips Avenue. Midblock, west side between Tenth Street and 11th Street on Phillips Avenue. Midblock, west side between Tenth Street and 11th Street on Phillips Avenue—Mrs. Murphy’s Irish Gifts. In front of Prairie Star Gallery. On southwest corner of Tenth Street and Phillips Avenue. On northwest corner of Tenth Street and Phillips Avenue. South of the Diner. South of the Diner. In front of the Diner. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. Between Diner and fountain in Fountain Square along Phillips Avenue. Near fountain in Fountain Square along Phillips Avenue. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. On southwest corner of Ninth Street and Phillips Avenue. On northwest corner of Ninth Street and Main Avenue. On northwest corner of Ninth Street and Phillips Avenue—Wells Fargo Bank. On southwest corner of Eighth Street and Main Avenue—U.S. Bank. In front of Fresh Produce at Sixth Street and Main Avenue. On northeast corner at Fifth Street and Main Avenue by Museum of Visual Materials. East side of Main Avenue near Fourth Street and Main Avenue in front of ADwërks. Midblock, east side between Fifth Street and Sixth Street on Phillips Avenue. Midblock, east side between Seventh Street and Eighth Street on Phillips Avenue. On northwest corner of Eighth Street and Phillips Avenue. At entrance into Cherapa Place and walkway to bridge. By R & L Supply on East Eighth Street. On southeast corner of Eighth Street and Reid Street. On southeast corner of Ninth Street and Phillips Avenue. In front of First Financial Center. In large planter in front of First Financial Center. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. In front of Skelly’s on Phillips Avenue. On southeast corner of Tenth Street and Phillips Avenue. Midblock, east side between Tenth Street and 11th Street on Phillips Avenue. Midblock, east side between Tenth Street and 11th Street on Phillips Avenue in front of Susanne’s. Shriver Square, in front of Chef Dominique’s on Phillips Avenue. On northeast corner of 11th Street and Phillips Avenue. On southeast corner of 11th Street and Phillips Avenue. In front of Dacotah Bank on Phillips Avenue. Midblock, east side between 11th Street and 12th Street on Phillips Avenue. On northeast corner of 12th Street and Phillips Avenue. On southeast corner of 12th Street and Phillips Avenue in front of Federal Courthouse. On northwest corner of 13th Street and Phillips Avenue in front of Midcontinent. On northwest corner of 13th Street and Phillips Avenue. On northwest corner of 12th Street and Phillips Avenue. Midblock, east side between 11th Street and 12th Street on Phillips Avenue. In front of Meierhenry’s Law Office on Phillips Avenue. In front of Minerva’s on Phillips Avenue. Alternates (16) Cross my Heart—Eichinger Great Blue—Green New Dancing Moon VI—Swanson The Power of Running Horses—Kennedy Zodiac Totem—Park Tashunka Topa II—Sturner Helios Rising—Spiczka Recoil—Harris Where We Are—Miller Book of Life—Swanson Mother & Child—Obazee Taking Off—J. Frazee Dance of the Flower Field—Choi Walrus—Shelledy As They Ran—Carleton Mother Earth—Nelson Date adopted: 03/12/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 18. A RESOLUTION APPROVING SCULPTURES ON CITY PROPERTY. (Orpheum Theater courtyard) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Resolution 17-13. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 8. Noes, 0. Motion Passed.  RESOLUTION NO. 17-13 A RESOLUTION APPROVING SCULPTURES ON CITY PROPERTY. WHEREAS, the Orpheum Theater Board unanimously proposed placement of six sculptures reflecting cultural art themes on public property within the Orpheum Theater courtyard area; and WHEREAS, six sculptures would be leased for one year and are not intended to be gifts to the City; and WHEREAS, the Sioux Falls Orpheum Theater Board of Directors and Visual Arts Commission and various City department staff have reviewed the proposed 2013 sculptures and their placements and recommend approval to the City Council; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement of four sculptures, and two alternate sculptures, for placement in the Orpheum Theater Center courtyard as described by the following: Sculptures and Artists 1. Gandhi—Velez; and 2. Mixed Emotions—Schafer; and 3. Circus Trick III—Maeck; and 4. Crescendo—Johnson; and Alternates: 5. Black and Red—Skora; and 6. Friendship Knot #2—Yupin. Date adopted: 03/12/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adjourn at 7:24 p.m.  The Mayor called for a voice vote. All members present voted yes. 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) 367-8080 (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. 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