City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, March 10, 2015, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kermit L. Staggers 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 Mayor Mike T. Huether INVOCATION  Dr. Erich P. McCandless, Empire Baptist Temple PLEDGE OF ALLEGIANCE PROCLAMATIONS  Sioux Empire Water Festival Days - March 17 and 18, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve the Consent Agenda. A request was made by Council Member Kermit L. Staggers to move the following agreements from Item 1 to the Regular Agenda for discussion purposes: Economic Development, Core Façade Revitalization/909 E. 8th Street Agreement for façade revitalization, Gourley Properties, $43,682; Economic Development, Core Façade  Revitalization/216 S. Phillips Avenue Agreement for façade revitalization, 218 S. Phillips Avenue LLC, $54,054. Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, March 3, 2015, at 4:00 p.m.  Regular City Council Meeting of Tuesday, March 3, 2015, at 7:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the March 5, 2015 memo. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve Economic Development, Core Façade Revitalization/909 E. 8th Street Agreement for façade revitalization, Gourley Properties, $43,682; Economic Development, Core Façade Revitalization/216 S. Phillips Avenue Agreement for façade revitalization, 218 S. Phillips Avenue LLC, $54,054. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, Kermit L. Staggers, 1. Motion Passed. 2. Report of Requests for Quotes for Fuel dated: February 26, 2015; #1 & #2 Dyed Diesel Fuel; 7,500 gallons (3,750 gallons each #1 & #2); Cole's Petroleum ($2.2430 #1 & $2.0340 #2); Harms Oil, Howes Oil, CHS, Inc., Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 3. Report of Requests for Quotes for Fuel dated: March 3, 2015; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($2.0324); Howes Oil ($2.0580); CHS, Inc., Cole's Petroleum and Olson Oil, all no bid. Bid awarded to: Harms Oil. 4. A communication was received from Lauri Krause requesting permission to consume, but not sell, liquor, wine and malt beverages at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, April 18, 2015, from 6:00 p.m. until 12:00 a.m. for a wedding. 5. A communication was received from Mike Herold and Christine Fogarty requesting permission to consume, but not sell, liquor, wine and malt beverages at  the Old Courthouse Museum, 200 W. Sixth St., on Saturday, June 27, 2015, from 9:00 a.m. until 5:00 p.m. for a wedding reception and dance. 6. A communication was received from Phaly Chheng and Jack Douangchampa requesting permission to consume, but not sell, liquor, wine and malt beverages at The Coliseum, 515 N. Main Ave., on Saturday, August 29, 2015, from 5:00 p.m. until 12:00 a.m. for a wedding reception. APPLICATIONS The following abatement was recommended for denial by the Director of Equalization and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux Falls: 7. Bo T. Sandness, 2908 W. Stratton St., for 2014 property taxes in the amount of $1,969.09; and 2015 property taxes in the amount of $1,952.18. 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: Items 8-9: The amount requested is the difference between the elderly freeze and the non-elderly freeze. 8. Gloria Garry, 617 S. Blauvelt, for 2014 taxes in the amount of $269.66. 9. Norma Moor, 711 N. Leadale Ave., for 2014 property taxes in the amount of $181.56. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rick Kiley 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, Rex Rolfing, 8. Noes, 0. Motion Passed. PUBLIC INPUT There was none. Item 1 was discussed at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING AN OFFER BY AR PROPERTIES, LLC TO PURCHASE REAL PROPERTY FROM THE CITY OF SIOUX FALLS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Dean Karsky to adopt said Ordinance No. 23-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 17, 2015, at 7:00 p.m. for Item 11: 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (Club Cambria) A motion was made by Council Member Dean Karsky and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, March 17, 2015, at 7:00 p.m. 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, Rex Rolfing, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 12. A RESOLUTION VACATING THE FALLS PARK DR. RIGHT-OF-WAY AND THE EAST ONE-HALF (E1/2) OF THE ALLEY LYING ADJACENT TO AND WESTERLY OF SAID FALLS PARK DR., ALL LYING BETWEEN FALLS PARK DR. AND W. 2ND ST. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rick Kiley to adopt said Resolution 9-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 9-15 A RESOLUTION VACATING THE FALLS PARK DR. RIGHT-OF-WAY AND THE EAST ONE-HALF (E1/2) OF THE ALLEY LYING ADJACENT TO AND WESTERLY OF SAID FALLS PARK DR., ALL LYING BETWEEN FALLS PARK DR. AND W. 2ND ST. WHEREAS, a petition of the owners of: Block 4, Phillips to the Falls Addition to the City of Sioux Falls, according to the plat thereof; The S 36' of Lot 8 and all of Lot 9 in Block 35 of Brookings & Edmund’s Addition to Sioux Falls, Minnehaha County, South Dakota, according to the plat thereof; Lots 3–7 and the N 8' of Lot 8, Block 35, Brookings & Edmund’s Addition to Sioux Falls, Minnehaha County, South Dakota; Lots 1 and 2, Block 35, Brookings & Edmund’s Addition to Sioux Falls, Minnehaha County, South Dakota; WHEREAS, the hearing was held on March 10, 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 hereto 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 purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Falls Park Dr. right-of-way and the East one-half (E1/2) of the alley lying adjacent to and westerly of said Falls Park Dr., all lying between Falls Park Dr. and W. 2nd St., be and the same hereby is declared vacated, 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. This resolution shall become effective April 15, 2015. Date adopted: 03/10/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk  13. A RESOLUTION APPROVING THE CHANGE OF CONTROL OF THE SIOUX FALLS BASEBALL STADIUM AGREEMENT, AS AMENDED, CITY AGREEMENT NO. 99-0191, HELD BY THE SIOUX FALLS CANARIES BASEBALL, LLC TO MANKATO BASEBALL, INC. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Resolution 10-15. Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 10-15 A RESOLUTION APPROVING THE CHANGE OF CONTROL OF THE SIOUX FALLS BASEBALL STADIUM AGREEMENT, AS AMENDED, CITY AGREEMENT NO. 99-0191, HELD BY THE SIOUX FALLS CANARIES BASEBALL, LLC TO MANKATO BASEBALL, INC. WHEREAS, the City of Sioux Falls (“City”) and the Sioux Falls Canaries Professional Baseball Club, L.L.C. (“Baseball Club”) executed a Sioux Falls Baseball Stadium Agreement dated September 30, 1999, (the “Initial Lease”), which was subsequently amended by an Amendment to the Sioux Falls Baseball Stadium Agreement dated October 14, 1999, (the “First Amendment”) and a Lease Amendment dated November 30, 2009, (the “Second Amendment,” collectively the Initial Lease, the First Amendment, and the Second Amendment shall be referred to as the “Lease”); and WHEREAS, Baseball Club, with the consent of the City, assigned its interest in the Lease to Canaries Baseball, LLC (“Canaries Baseball”); and WHEREAS, Canaries Baseball has given notice that a controlling ownership interest in Canaries Baseball is being transferred to Mankato Baseball, Inc. (the “Transaction”); and WHEREAS, pursuant to paragraph 7 of the Second Amendment, a change in controlling ownership interest of Canaries Baseball requires approval of the City; and WHEREAS, Canaries Baseball provided City staff with supplemental information in support of the Transaction, including providing a letter to the City agreeing to abide by the terms of the Lease, as amended. Canaries Baseball has further provided resumes, background information, and/or letters of reference with respect to Mankato Baseball, Inc.; and WHEREAS, the parties have requested the City to consent to the transfer of such controlling ownership interest of Canaries Baseball; and WHEREAS, after reviewing the supplemental information provided by Canaries Baseball, it is recommended the City consent to the Transaction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: It hereby consents to and approves the Transaction. All other provisions of the Lease shall remain as written. Date adopted: 03/10/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk City Council Member Rex Rolfing asked for a point of privilege to introduce his brother-in-law Vincent Battista, who was visiting from Florida. ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to adjourn at 7:28 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. Denise D. Tucker, 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. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. HOWEVER, THE SOUTH DAKOTA SUPREME COURT HAS RULED THAT CITY COUNCILORS MAY NOT ENGAGE IN PRIVATE COMMUNICATIONS WITH PERSONS WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT. IN THOSE INSTANCES, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING ON THAT MATTER WHEN IT IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS SHOULD UNDERSTAND THAT THEIR COMMENTS WILL 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 4:00 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 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH 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 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.