City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, May 13, 2014, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Dorothy Ter Horst, Direct Line Prayer Center PLEDGE OF ALLEGIANCE PROCLAMATIONS  NAMI Walks Day RECOGNITION/AWARDS  Public Service Recognition Award to Sue Aguilar, Southeast District City Council Member  Public Service Recognition Award to Jim Entenman, At-Large District City Council Member VISITOR RECOGNITION  Cub Scout Pack 225, Achieve CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Greg Jamison to approve the Consent Agenda. Council Member Kermit L. Staggers asked to move: the Review of General Conditions for Public Works, Agreement for services, $22,000.00; 41st Street from Sertoma Avenue to Tea/Ellis Road, Agreement for wetlands functional capacity unit credits, $65,875.00; the Solberg Avenue Drainage Improvements, Amendment to agreement for Engineering services, $33,746.00; and Furnish a Total Organic Carbon Analyzer, to award a bid, $31,045.00, from Item 1 (Contracts and Agreements) to the Regular Agenda for discussion purposes. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. MINUTES  Regular City Council Meeting of Tuesday, May 6, 2014, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the May 8, 2014 memo. A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to approve the Review of General Conditions for Public Works, Agreement for services, $22,000.00, from Item 1 (Contracts and Agreements). Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 7. Noes, Kermit L. Staggers, 1. Motion Passed. A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to approve 41st Street from Sertoma Avenue to Tea/Ellis Road, Agreement for wetlands functional capacity unit credits, $65,875.00, from Item 1 (Contracts and Agreements). Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed.  A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to approve the Solberg Avenue Drainage Improvements, Amendment to agreement for Engineering services, $33,746.00, from Item 1 (Contracts and Agreements). Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 7. Noes, Kermit L. Staggers, 1. Motion Passed. A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to approve and furnish a Total Organic Carbon Analyzer, to award a bid, $31,045.00, from Item 1 (Contracts and Agreements). Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 2. Report of Requests for Quotes for Fuel dated: May 2, 2014; #2 Dyed Diesel Fuel; 7,500 gallons; Howes Oil ($3.1050); CHS, Inc., Harms Oil, Olson Oil, and Midwest Oil, all no bid. Bid awarded to: Howes Oil. 3. Report of Requests for Quotes for Fuel dated: May 6, 2014; Unleaded Ethanol & E85; 6,500 Gallons Unleaded/2,000 Gallons E85; Harms Oil ($3.012 Unleaded/$2.1670 E85); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 4. A communication was received from Edward and Leslee Lund requesting permission to consume, but not sell, wine at the Sioux Falls Design Center, 108 W. 11th Ave., on Sunday, June 1, 2014, from 11:00 a.m. until 2:00 p.m. for a private shower. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT  Bruce Danielson, Citizens for Integrity, encouraged the City Council to take their time on tonight's vote, regarding the Spellerberg Pool. I.L. Wiedermann asked that discussion of the Spellerberg Pool be postponed until Sanford decides what they are going to do. Tim Stanga spoke about the City spending money on items that aren't currently needed and how the City Council votes. Item 1 was discussed at this time. See Item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES 5. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 50: UTILITIES GENERALLY. A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Ordinance 25-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 6. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING TRACT A OF LOT 1 OF CARLSEN’S ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA, EXCEPT LOT H1 CONTAINED THEREIN. A motion was made by Council Member Dean Karsky and seconded by Council Member Sue Aguilar to adopt said Ordinance 26-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 7. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks and Recreation - $11,180,776.00). A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Ordinance 27-14.  A motion was made by Council Member Kermit L. Staggers to amend the main motion by deleting, in the first sentence, the phrase “by adding Spellerberg Park as the designated location for the project”. Motion died for lack of a second. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 7. Noes, Kermit L. Staggers, 1. Motion Passed. 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE "ASSIGNMENT OF LEASE/SUBLEASE AGREEMENT" FOR THE SERTOMA BUTTERFLY HOUSE. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Ordinance 28-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING INTEREST RATES FOR SPECIAL ASSESSMENTS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Ordinance 29-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 10. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. 19TH ST. FROM S. MENLO AVE. TO S. WALTS AVE. AS SHOWN ON EXHIBIT “A.” A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution 43-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 43-14 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. 19TH ST. FROM S. MENLO AVE. TO S. WALTS AVE. AS SHOWN ON EXHIBIT “A.” WHEREAS, a petition of the owners of: The West 88' of Lot 7 in Block 7 of Sage’s Subdivision of Blocks 7, 10, and 23 of Park Addition to Sioux Falls, Minnehaha County, SD; The East 44' of Lots 7 and 8 in Block 7 of Sage’s Subdivision of Blocks 7, 10, and 23 of Park Addition to Sioux Falls, Minnehaha County, SD; The West 44' of Lot 6 in Block 7 of Sage’s Subdivision of Blocks 7, 10, and 23 of Park Addition to Sioux Falls, Minnehaha County, SD; The East 88' of Lot 6 in Block 7 of Sage’s Subdivision of Blocks 7, 10, and 23 of Park Addition to Sioux Falls, Minnehaha County, SD; Lot 12, Block 10 of Sage’s Subdivision of Blocks 7, 10, and 23 of Park Addition to Sioux Falls, Minnehaha County, SD; Lot 1, Block 10 of Sage’s Subdivision of Blocks 7, 10, and 23 of Park Addition to Sioux Falls, Minnehaha County, SD; to the City of Sioux Falls, Minnehaha County, South Dakota, has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on May 13, 2014, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on W. 19th St. from S. Menlo Ave. to S. Walts Ave. as shown on Exhibit “A” to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 11. A RESOLUTION AMENDING THE 2014–2018 CAPITAL PROGRAM TO REVISE CIP NO. 14009, AQUATIC FACILITIES DEVELOPMENT. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution 44-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 44-14 A RESOLUTION AMENDING THE 2014–2018 CAPITAL PROGRAM TO REVISE CIP NO. 14009, AQUATIC FACILITIES DEVELOPMENT. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2014–2018 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvements Program Project No. 14009, Aquatic Facilities Development, by adding Spellerberg Park as the designated location for the project, by increasing the sales tax funding for the project in 2014 by $11,180,776, and by adding sales tax funding of $250,000 and $1,450,000 in 2015 and 2016, respectively. The additional funding will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 12. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS POOLED CASH INVESTMENT POLICY. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Resolution 45-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.  Noes, 0. Motion Passed. RESOLUTION NO. 45-14 A RESOLUTION AMENDING THE CITY OF SIOUX FALLS POOLED CASH INVESTMENT POLICY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Investment Policy” is hereby approved as amended. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 13. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (Flower Dancing in the Wind) A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution 46-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 46-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor exhibition of public art in Sioux Falls, SD; and WHEREAS, the SculptureWalk 2010 People’s Choice Award is a City-owned bronze sculpture known as Flower Dancing in the Wind designed and constructed by artist Jerry McKellar; and WHEREAS, the sculpture depicts a dancing Native American woman and measures approximately 5 1/2' in height, 7' in width, and 3' in length; and WHEREAS, the proposed site placement for the Flower Dancing in the Wind sculpture be prominently displayed within a sculpture garden area located along the existing sidewalk at upper Falls Park; and WHEREAS, the Sioux Falls Visual Arts Commission and Parks and Recreation Board have reviewed the proposed Flower Dancing in the Wind sculpture and recommended approval for the placement of the sculpture on February 18, 2014, and April 15, 2014, respectively; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Flower Dancing in the Wind sculpture and its placement within a sculpture garden area located along the existing sidewalk at upper Falls Park be approved as recommended. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 14. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (Midcontinent Ball Room) A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to adopt said Resolution 47-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 47-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. WHEREAS, application 2014-04-02 was submitted by SMG Sioux Falls to the City of Sioux Falls for naming the existing Grand Ball Room at the Sioux Falls Convention Center located at 1201 North West Avenue; and WHEREAS, the Grand Ball Room would be renamed the Midcontinent Ball Room; and WHEREAS, Midcontinent Communications is one of the signature partners at the new Denny Sanford PREMIER Center; and WHEREAS, the City Naming Committee considered the application and unanimously recommended approval on April 18, 2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the rename Midcontinent Ball Room located at the Sioux Falls Convention Center. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 15. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (Keloland Entrance (southeast), Keloland Grand Lobby, and Keloland Box Office) A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution 48-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 48-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. WHEREAS, application 2014-04-02 was submitted by SMG Sioux Falls to the City of Sioux Falls for naming certain spaces within the new Denny Sanford PREMIER Center located at 1201 North West Avenue; and WHEREAS, the names include Keloland Entrance (southeast), Keloland Grand Lobby, and Keloland Box Office; and WHEREAS, Keloland Television is one of the signature partners at the new Denny Sanford PREMIER Center; and WHEREAS, the City Naming Committee considered the application and unanimously recommended approval on April 18, 2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the name Keloland Entrance (southeast), Keloland Grand Lobby, and Keloland Box Office located at the new Denny Sanford PREMIER Center. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (The Lodge) A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution 49-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 49-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. WHEREAS, application 2014-04-03 was submitted by SMG Sioux Falls to the City of Sioux Falls for naming certain spaces within the new Denny Sanford PREMIER Center located at 1201 North West Avenue; and WHEREAS, the name includes The Lodge (by Dakota Beverage Company, Inc.); and WHEREAS, Dakota Beverage Company, Inc. is one of the signature partners at the new Denny Sanford PREMIER Center; and WHEREAS, the City Naming Committee considered the application and unanimously recommended approval on April 18, 2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the name The Lodge located at the new Denny Sanford PREMIER Center. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (McNally's Premium Irish Lounge) A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to adopt said Resolution 50-14. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 50-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. WHEREAS, application 2014-04-04 was submitted by SMG Sioux Falls to the City of Sioux Falls for naming certain spaces within the new Denny Sanford PREMIER Center located at 1201 North West Avenue; and WHEREAS, the name includes McNally’s Premium Irish Lounge; and WHEREAS, McNally’s Irish Pub is one of the marketing partners at the new Denny Sanford PREMIER Center; and WHEREAS, the City Naming Committee considered the application and unanimously recommended approval on April 18, 2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the name McNally’s Premium Irish Lounge located at the new Denny Sanford PREMIER Center. Date adopted: 05/13/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member James Entenman and seconded by Council  Member Sue Aguilar to adjourn at 9:26 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. Denise D. 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