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City Council Meeting

Regular Meeting

Sioux Falls, SD · July 14, 2015

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, July 14, 2015, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Reverend David Kraemer, All Souls Unitarian Universalist Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Christine M. Erickson to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, July 7, 2015, at 4 p.m.  Regular City Council Meeting of Tuesday, July 7, 2015, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the July 9, 2015, memo. 2. A communication was received from Sam Khoroosi requesting permission to consume, but not sell, beer and wine at The History Club, 758 S. Phillips Avenue, on August 15, 2015, from 2 p.m. to 5 p.m. pursuant to SDCL 35-1-5.5 for the purpose of an engagement party. 3. A communication was received from Catherine Wehrspann requesting permission to consume, but not sell, wine, and malt beverages at The Old Courthouse Museum, 200 W. 6th Street, on September 5, 2015, from 5 p.m. to midnight pursuant to SDCL 35-1-5.5 for the purpose of a wedding reception. 4. A communication was received from Ron and Kathy Fujan requesting permission to consume, but not sell, beer, wine, and liquor at The Old Courthouse Museum, 200 W. 6th Street, on December 27, 2015, pursuant to SDCL 35-1-5.5, for the purpose of a wedding. 5. Report of Requests for Quotes for Fuel dated: July 2, 2015; Unleaded Ethanol & #2 Dyed Diesel; 6,000 Gallons Unleaded/2,000 Gallons #2; Harm's Oil ($2.2410 Unleaded/$1.8930 #2 Diesel); Cole's Petroleum ($2.2940 Unleaded/$1.9440 #2 Diesel); Howe's Oil, CHS, Inc. and Olson Oil, all no bid. Bid awarded to: Harm's Oil. 6. Report of Requests for Quotes for Fuel dated: July 7, 2015; #2 Clear Diesel; 7,500 Gallons; CHS, Inc. ($2.10); Howe's Oil ($2.045); Harm's Oil ($2.04); Midwest Oil and Petroleum Traders Co., both no bid. Bid awarded to: Harm's Oil. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT Scott Ehrisman spoke regarding SIRE; the 85th Street Exchange with I-29; funding for Minnehaha County; and Veterans Park. Bruce Danielson spoke regarding the construction webcam at the Midco Aquatic Center; and the siding update at the Denny Sanford Premier Center. Theresa Stehly spoke regarding the Master Garden Tour on July 15, 2015, from 4 p.m. to 8 p.m. She also spoke about planting flowers in the boulevard. Robert Kolbe spoke about “future” history and digital storage. 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 SECTION 41.008 REGARDING FEES FOR PUBLIC FACILITY TICKETS. A motion was made by Council Member Greg Jamison and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 66-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY UPDATING PERMIT AND INSPECTION FEE EXEMPTIONS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 67-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 9. A RESOLUTION VACATING 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. AS SHOWN ON THE ATTACHED EXHIBIT. A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution 55-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 55-15 A RESOLUTION VACATING 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. AS SHOWN ON THE ATTACHED EXHIBIT. WHEREAS, a petition of the owners of: Lots 1–13 (inclusive) and Lot 16, Block 7 and Lots 1–13 (inclusive) and Lot 16, Block 8, Harrison Addition to Sioux Falls, SD, according to the recorded plat thereof, and vacated Haley Ave. abutting thereto, Minnehaha County, SD WHEREAS, the hearing was held on July 14, 2015, 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 not been used for public travel in the last 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That 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., as shown on the attached exhibit, 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, SD, a duly certified transcript of this resolution. Date adopted: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 10. A RESOLUTION VACATING THE N. SEUBERT AVE. RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY LINE OF E. 57TH ST. N. TO THE SOUTH PROPERTY LINE OF LOT 9 BLOCK 1 HIGHLAND PARK SUBDIVISION AS SHOWN ON EXHIBIT A. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 56-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 56-15 A RESOLUTION VACATING THE N. SEUBERT AVE. RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY LINE OF E. 57TH ST. N. TO THE SOUTH PROPERTY LINE OF LOT 9 BLOCK 1 HIGHLAND PARK SUBDIVISION AS SHOWN ON EXHIBIT A. WHEREAS, a petition of the owners of: Lots 10–15 (inclusive), 16 (ex. H-1) Block 1, and Lots 14, 15 Block 2 and Tract E Highland Park Subdivision, Minnehaha County, SD WHEREAS, the hearing was held on July 14, 2015, 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 ally and no longer serves a useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the N. Seubert Ave. right-of-way from the north right-of-way line of E. 57th St. N. to the south property line of Lot 9 Block 1 Highland Park Subdivision as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A 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, SD, a duly certified transcript of this resolution. Date adopted: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 11. A RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY LINE OF W. 11TH ST. TO THE NORTH LOT LINES OF LOTS 5A AND 14 BLOCK 5 J. L. PHILLIPS ADDITION AS SHOWN ON EXHIBIT A. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 57-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 57-15 A RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE NORTH RIGHT- OF-WAY LINE OF W. 11TH ST. TO THE NORTH LOT LINES OF LOTS 5A AND 14 BLOCK 5 J. L. PHILLIPS ADDITION AS SHOWN ON EXHIBIT A. WHEREAS, a petition of the owners of: Lots 5A and 6A, Block 5 J. L. Phillips Addition to the City of Sioux Falls, Minnehaha County, SD Lots 10, 11, 12, 13, 14, Block 5 J. L. Phillips Addition to the City of Sioux Falls, Minnehaha County, SD WHEREAS, the hearing was held on July 14, 2015, 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 ally and no longer serves a useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the alley right-of-way from the north right-of-way line of W. 11th St. to the north lot lines of Lots 5A and 14 Block 5 J. L. Phillips Addition as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A 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, SD, a duly certified transcript of this resolution. Date adopted: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 12. A RESOLUTION APPROVING THE RELEASE OF PERMANENT SANITARY SEWER EASEMENTS LOCATED IN TRACT 4 MAJESTIC MEADOWS ADDITION TO THE CITY OF SIOUX FALLS, AND THE E1/2 NE1/4 OF SECTION 31-T101N-R48W OF THE 5TH P.M., MINNEHAHA COUNTY, SD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 58-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 58-15 A RESOLUTION APPROVING THE RELEASE OF PERMANENT SANITARY SEWER EASEMENTS LOCATED IN TRACT 4 MAJESTIC MEADOWS ADDITION TO THE CITY OF SIOUX FALLS, AND THE E1/2 NE1/4 OF SECTION 31-T101N-R48W OF THE 5TH P.M., MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent sanitary sewer easement areas 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; WHEREAS, the permanent sanitary sewer easement over, under, and upon the NE1/4 of Section 31-T101N-R48W of the 5th P.M., Minnehaha County, SD, was granted by Permanent Sanitary Sewer Easement document recorded in Book 264 of Miscellaneous on page 772 in the office of the Register of Deeds for Minnehaha County, SD, on April 8, 2010; WHEREAS, the permanent sanitary sewer easement over, under, and upon the NE1/4 of Section 31-T101N-R48W of the 5th P.M., Minnehaha County, SD, was granted by Permanent Sanitary Sewer Easement document recorded in Book 269 of Miscellaneous on page 383 in the office of the Register of Deeds for Minnehaha County, SD, on October 24, 2011; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement areas, as shown on attached Exhibit A, and affecting the real property now described as Tract 4 Majestic Meadows Addition to the City of Sioux Falls, and the E1/2 NE1/4 of Section 31-T101N-R48W of the 5th P.M., 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: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 13. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LIST OF LEGAL DESCRIPTIONS IN VACATION RESOLUTION NO. 11-15. A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 59-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 59-15 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LIST OF LEGAL DESCRIPTIONS IN VACATION RESOLUTION NO. 11-15. WHEREAS, on April 10, 2015, the City Council of the City of Sioux Falls adopted Resolution No. 11-15 to vacate the public right-of-way on N. National Ave. from the south right-of-way line of E. Benson Rd. to the north right-of-way line of E. 39th St. N. and on E. Hogan Ave. from the east right-of-way line of N. National Ave. to the west right-of-way line of N. Casco Ave.; and WHEREAS, certain legal descriptions as set forth in Resolution 11-15 were not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the list of legal descriptions in Resolution 11-15 is hereby corrected to read as follows: Tract 9 of Taylor’s Subdivision (unit No. 6) of part of the West Half of the Northwest Quarter (W1/2NW1/4) of Section 3, Township 101 North, Range 49 West, Minnehaha County, SD (1401 E. Benson Rd.) Lot 3 of Tract 1 of Traub Subdivision of part of the West Half of the Northwest Quarter (W1/2NW1/4) of Section 3, Township 101 North, Range 49 West, Minnehaha County, SD (1500 E. 39th St. N.) Lots 2 and 3 in Block 4 of National Realty Co. Addition to the City of Sioux Falls, together with the North Half (N1/2) of vacated Lowell Ave. lying adjacent thereto, all in the City of Sioux Falls, Minnehaha County, SD Lots 2, 3, and 4 in Block 5 and Lots 3 and 4 in Block 6 of National Realty Co. Addition to the City of Sioux Falls, together with the South Half (S1/2) of vacated Lowell Ave. and vacated Bath Ave. lying adjacent thereto, all in the City of Sioux Falls, Minnehaha County, SD Tract 8, Willers’ Addition to the City of Sioux Falls, Minnehaha County, SD (3600 N. National Ave.) Lots 2 and 3 in Block 13 of National Realty Co. Addition to the City of Sioux Falls, together with vacated Gore Ave. lying adjacent thereto, all in the City of Sioux Falls, 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: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 14. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING AT 435 W. 3RD ST. BETWEEN SPRING AVE. AND MINNESOTA AVE. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution 60-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 60-15 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING AT 435 W. 3RD ST. BETWEEN SPRING AVE. AND MINNESOTA AVE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the establishment of diagonal parking on the south side of 3rd St. at 435 W. 3rd St. between Spring Ave. and Minnesota Ave. Date adopted: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 15. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 15' DRAINAGE EASEMENT LOCATED IN TRACT 4, I-90 PLACE, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to adopt said Resolution No. 61-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 61-15 A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 15' DRAINAGE EASEMENT LOCATED IN TRACT 4, I-90 PLACE, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent 15' drainage 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 drainage easement area boundaries were established by Book 56 of Plats on page 308 of I-90 Place, an Addition to the City of Sioux Falls, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on December 21, 1994; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent drainage easement area, as shown on attached Exhibit A, and affecting the real property described as Tract 4, I-90 Place, 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: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 16. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON PHILLIPS AVE. A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Jamison to adopt said Resolution No. 62-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 62-15 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON PHILLIPS AVE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the establishment of diagonal parking on the west side of Phillips Ave. between 5th St. and 6th St. Date adopted: 07/14/15. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 17. A RESOLUTION AUTHORIZING USE OF CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF A CITY ADMINISTRATIVE OFFICE BUILDING ALONG WITH LANDSCAPING, A PARKING LOT AND POTENTIAL SKYWALK. A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to adopt said Resolution 63-15. Vote to adopt: Roll Call: Yeses, Kenny Anderson, Jr., Dean Karsky, Rick Kiley, Rex Rolfing, 4. Noes, Greg Jamison, Kermit L. Staggers, Christine M. Erickson, Michelle Erpenbach, 4. Mayor Huether broke the tie by voting yes. Motion Passed. RESOLUTION NO. 63-15 A RESOLUTION AUTHORIZING USE OF CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF A CITY ADMINISTRATIVE OFFICE BUILDING ALONG WITH LANDSCAPING, A PARKING LOT, AND A POTENTIAL SKYWALK. WHEREAS, in order to have an integrated team approach to the planning, design, and construction of a city administrative office building, along with landscaping, a parking lot, and a potential skywalk, to help control the schedule and budget, and to help ensure quality for the City, the City’s Director of Public Works recommends the project be accomplished using the Construction Manager at Risk delivery method. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it is in the best interest of the public to utilize the Construction Manager at Risk project delivery method for a city administrative office building, along with landscaping, a parking lot, and a potential skywalk, and that the construction manager be allowed to submit bids on portions of the work. Date adopted: 07/14/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS Set a hearing date for Tuesday, August 11, 2015, at 7 p.m. for Item 18: 18. A PROPOSED RESOLUTION VACATING THE S. HILLVIEW RD. RIGHT- OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. 22ND ST. TO THE SOUTH PROPERTY LINES OF LOT 1 BLOCK 9 AND LOT 9 BLOCK 8 SUNNY VIEW EAST ADDITION TO THE CITY OF SIOUX FALLS AS SHOWN ON EXHIBIT A. A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to set a date of hearing for Tuesday, August 11, 2015, at 7 p.m. for Item 18. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a hearing date for Tuesday, August 11, 2015, at 7 p.m. for Item 19: 19. A PROPOSED RESOLUTION VACATING THE N. SUMMIT AVE. RIGHT- OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF W. RUSSELL ST. TO THE NORTH RIGHT-OF-WAY LINE OF W. BENNETT ST. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to set a date of hearing for Tuesday, August 11, 2015, at 7 p.m. for Item 19. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a hearing date for Tuesday, August 11, 2015, at 7 p.m. for Item 20: 20. A PROPOSED RESOLUTION VACATING THE S. DULUTH AVE. RIGHT- OF-WAY FROM THE S. RIGHT-OF-WAY LINE OF W. 39TH ST. TO THE N. RIGHT-OF-WAY LINE OF W. 41ST ST. A motion was made by Council Member Rick Kiley and seconded by Council Member Dean Karsky to set a date of hearing for Tuesday, August 11, 2015, at 7 p.m. for Item 20. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. NEW BUSINESS 21. RECONSIDERATION (FROM THE JULY 7, 2015, CITY COUNCIL MEETING): 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY CHANGING A STREET NAME. A motion was made by Council Member Greg Jamison and seconded by Council Member Kermit L. Staggers to reconsider Item 21. Vote to reconsider: Roll Call: Yeses, Greg Jamison, Kermit L. Staggers, 2. Noes, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 6. Motion Failed. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adjourn the meeting at 8:42 p.m. A voice vote was taken and all members voted yes. Motion Passed. Tamara Jorgensen, MMC 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. 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, July 14, 2015 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION ● Reverend David Kraemer, All Souls Unitarian Universalist Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, July 7, 2015, at 4 p.m. ● Regular City Council Meeting of Tuesday, July 7, 2015, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the July 9, 2015, memo. 2. A communication was received from Sam Khoroosi requesting permission to consume, but not sell, beer and wine at The History Club, 758 S. Phillips Avenue, on August 15, 2015, from 2 p.m. to 5 p.m. pursuant to SDCL 35-1-5.5 for the purpose of an engagement party. 3. A communication was received from Catherine Wehrspann requesting permission to consume, but not sell, wine, and malt beverages at The Old Courthouse Museum, 200 W. 6th Street, on September 5, 2015, from 5 p.m. to midnight pursuant to SDCL 35-1-5.5 for the purpose of a wedding reception. 4. A communication was received from Ron and Kathy Fujan requesting permission to consume, but not sell, beer, wine, and liquor at The Old Courthouse Museum, 200 W. 6th Street, on December 27, 2015, pursuant to SDCL 35-1-5.5, for the purpose of a wedding. 5. Report of Requests for Quotes for Fuel dated: July 2, 2015; Unleaded Ethanol & #2 Dyed Diesel; 6,000 Gallons Unleaded/2,000 Gallons #2; Harm's Oil ($2.2410 Unleaded/$1.8930 #2 Diesel); Cole's Petroleum ($2.2940 Unleaded/$1.9440 #2 Diesel); Howe's Oil, CHS, Inc. and Olson Oil, all no bid. Bid awarded to: Harm's Oil. 6. Report of Requests for Quotes for Fuel dated: July 7, 2015; #2 Clear Diesel; 7,500 Gallons; CHS, Inc. ($2.10); Howe's Oil ($2.045); Harm's Oil ($2.04); Midwest Oil and Petroleum Traders Co., both no bid. Bid awarded to: Harm's Oil. 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 SECTION 41.008 REGARDING FEES FOR PUBLIC FACILITY TICKETS. 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY UPDATING PERMIT AND INSPECTION FEE EXEMPTIONS. HEARINGS AND RESOLUTIONS 9. A RESOLUTION VACATING 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. AS SHOWN ON THE ATTACHED EXHIBIT. 10. A RESOLUTION VACATING THE N. SEUBERT AVE. RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY LINE OF E. 57TH ST. N. TO THE SOUTH PROPERTY LINE OF LOT 9 BLOCK 1 HIGHLAND PARK SUBDIVISION AS SHOWN ON EXHIBIT A. 11. A RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY LINE OF W. 11TH ST. TO THE NORTH LOT LINES OF LOTS 5A AND 14 BLOCK 5 J. L. PHILLIPS ADDITION AS SHOWN ON EXHIBIT A. 12. A RESOLUTION APPROVING THE RELEASE OF PERMANENT SANITARY SEWER EASEMENTS LOCATED IN TRACT 4 MAJESTIC MEADOWS ADDITION TO THE CITY OF SIOUX FALLS, AND THE E1/2 NE1/4 OF SECTION 31-T101N-R48W OF THE 5TH P.M., MINNEHAHA COUNTY, SD. 13. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LIST OF LEGAL DESCRIPTIONS IN VACATION RESOLUTION NO. 11-15. 14. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING AT 435 W. 3RD ST. BETWEEN SPRING AVE. AND MINNESOTA AVE. 15. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT 15' DRAINAGE EASEMENT LOCATED IN TRACT 4, I-90 PLACE, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 16. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON PHILLIPS AVE. 17. A RESOLUTION AUTHORIZING USE OF CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF A CITY ADMINISTRATIVE OFFICE BUILDING ALONG WITH LANDSCAPING, A PARKING LOT AND POTENTIAL SKYWALK. NOTICE OF HEARINGS FOR STREET VACATIONS Set a hearing date for Tuesday, August 11, 2015, at 7 p.m. for Item 18: 18. A PROPOSED RESOLUTION VACATING THE S. HILLVIEW RD. RIGHT- OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. 22ND ST. TO THE SOUTH PROPERTY LINES OF LOT 1 BLOCK 9 AND LOT 9 BLOCK 8 SUNNY VIEW EAST ADDITION TO THE CITY OF SIOUX FALLS AS SHOWN ON EXHIBIT A. Set a hearing date for Tuesday, August 11, 2015, at 7 p.m. for Item 19: 19. A PROPOSED RESOLUTION VACATING THE N. SUMMIT AVE. RIGHT- OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF W. RUSSELL ST. TO THE NORTH RIGHT-OF-WAY LINE OF W. BENNETT ST. Set a hearing date for Tuesday, August 11, 2015, at 7 p.m. for Item 20: 20. A PROPOSED RESOLUTION VACATING THE S. DULUTH AVE. RIGHT- OF-WAY FROM THE S. RIGHT-OF-WAY LINE OF W. 39TH ST. TO THE N. RIGHT-OF-WAY LINE OF W. 41ST ST. NEW BUSINESS 21. RECONSIDERATION (FROM THE JULY 7, 2015, CITY COUNCIL MEETING): 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY CHANGING A STREET NAME. 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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