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City Council Meeting

Regular Meeting

Sioux Falls, SD · August 11, 2015

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 11, 2015, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rex Rolfing 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 Mayor Mike T. Huether INVOCATION  Pastor Allen Brummel, Heritage Protestant Reformed Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  National Health Center Week, August 9-15, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. MINUTES  Special City Council Meeting of Thursday, July 30, 2015, at 1:30 p.m.  Budget Hearings Meeting of Tuesday, August 4, 2015, at 3 p.m.  Regular City Council Meeting of Tuesday, August 4, 2015, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 6, 2015 memo. 2. A communication was received from Caliber Creative requesting permission to consume, but not sell, beer at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on Wednesday, August 12, 2015, from 6 p.m. to 9:30 p.m., for a company picnic. 3. A communication was received from the Great Plains Zoo & Delbridge Museum requesting permission to consume, but not sell, liquor, wine and/or malt beverage at the Great Plains Zoo, 805 S. Kiwanis Ave., on August 25, September 3, 10, 24, 29, and October 1, 8, 15, 22, 29, 2015 for supporter and donor appreciation events at the zoo. 4. A communication was received from Thom Abbott and Mikaela Knox requesting permission to consume, but not sell, liquor, wine and/or malt beverage at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, September 24, 2016, from 9 a.m. until 12 a.m. for a wedding. 5. Report of Requests for Quotes for Fuel dated: July 30, 2015; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($2.0280); Howes Oil ($2.0450); Cole's Petroleum ($2.0750); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Harms Oil. 6. Report of Requests for Quotes for Fuel dated: August 3, 2015; #2 Clear Diesel; 7,500 gallons; Harms Oil ($1.9832); Howes Oil ($1.9875); CHS, Inc. ($1.9979); Midwest Oil and Petroleum Traders Co., both no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: August 4, 2015; Unleaded Ethanol; 570 gallons; Midway Service ($2.5800); Howes Oil ($2.7500); and Stern Oil, no bid. Bid awarded to: Midway Service. 8. Report of Requests for Quotes for Fuel dated: August 4, 2015; Clear Diesel #1; 1,154 gallons; Midway Service ($1.9800); Howes Oil ($2.0885); and Stern Oil, no bid. Bid awarded to: Midway Service. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. PUBLIC INPUT Greg Neitzert spoke about a conditional use item that was on a recent Planning Commission agenda. Scott Ehrisman spoke about the conditional use permit process, closing and staffing city pools, and the spraying of mosquitoes. Robert Kolbe gave a brief history of his life; explained how he got on to the Minnehaha County Planning Commission and the work he did on it; public comment; and City Hall being on the Sioux Falls Ghost Tour. Sierra Broussard commented on the retirement of the police chief; problems with getting ahold of the mayor and her dislike in how he runs the city; human trafficking; local crime; discrimination; community problems; and apologized for her abruptness, at last week’s City Council meeting. INTRODUCTION AND ADOPTION OF ORDINANCES 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AMENDMENTS TO WATER TANK LEASE AGREEMENT NOS. 14-3449 and 14-3450. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Ordinance No. 80-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 30.022 ORDINANCES, RESOLUTIONS, MOTIONS AND OTHER DOCUMENTS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Greg Jamison to adopt Item 10. A motion was made by Council Member Rick Kiley and seconded by Council Member Kenny Anderson Jr. to defer this item for one week to allow the City Attorney's Office to work with Council Member Kermit L. Staggers. Vote to defer: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 11. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 71-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 71-15 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2016. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2015, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2015. Lorie Hogstad City Clerk 12. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Resolution No. 72-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 72-15 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2016. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2015, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2015. Lorie Hogstad City Clerk 13. A 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 Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 73-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 73-15 A 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. WHEREAS, a petition of the owners of: Lot 1 Block 9 and Lot 9 Block 8 Sunny View East Addition to the City of Sioux Falls and Tract 4 Dawley Farm Village Addition to the City of Sioux Falls, Minnehaha County, SD to the City of Sioux Falls, Minnehaha County, SD, 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 August 11, 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 alley and no longer serves a useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That 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, 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: 08/11/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 14. A 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 Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Resolution No. 74-15. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to amend, the main motion, by deleting the words after "Exhibit" in the final paragraph, and inserting the following: "for drainage, sewer, and water mains, 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.". Vote to amend: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 74-15 A RESOLUTION VACATING THE N. SUMMIT AVE. RIGHT-OF-WAY FROM THE S. RIGHT-OF-WAY LINE OF W. RUSSELL ST. TO THE N. RIGHT-OF-WAY LINE OF W. BENNETT ST. WHEREAS, a petition of the owners of: Lot 3 in Block 4 and Lot 1 in Block 5 of Airport 2nd Addition to the City of Sioux Falls, Minnehaha County, SD to the City of Sioux Falls, Minnehaha County, SD, 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 August 11, 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 alley and no longer serves a useful purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the N. Summit Ave. right-of-way from the S. right-of-way line of W. Russell St. to the N. right-of-way line of W. Bennett St., as shown on the attached Exhibit, 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 the Exhibit for drainage, sewer, and water mains, 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: 08/11/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 15. A 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 Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 75-15. Mayor Mike Huether gave the gavel to Council Chair Kenny Anderson Jr. and proceeded to ask questions. Council Chair Kenny Anderson Jr. returned the gavel to Mayor Mike Huether. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 75-15 A 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. WHEREAS, a petition of the owners of: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 4, Roger Mills 1st Addition to South Sioux Falls, Minnehaha County, SD, and Nash Finch Addition to the City of Sioux Falls, Minnehaha County, SD to the City of Sioux Falls, Minnehaha County, SD, 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 August 11, 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 alley and no longer serves a useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That 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. 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: 08/11/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 16. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT UTILITY AND DRAINAGE EASEMENT LOCATED IN PART OF LOT ‘A’ IN TRACT 57 OF COUNTY AUDITOR’S SUBDIVISION IN THE NE1/4 OF SECTION 8, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution No. 76-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 76-15 A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT UTILITY AND DRAINAGE EASEMENT LOCATED IN PART OF LOT ‘A’ IN TRACT 57 OF COUNTY AUDITOR’S SUBDIVISION IN THE NE1/4 OF SECTION 8, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs a part of the permanent utility and 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 utility and drainage easement area boundaries were established by Resolution No. 82-10 vacating the public right-of-way on Tract 57 of County Auditor’s. Subdivision in the NE1/4 of Section 8-T101N-R49W, Minnehaha County, SD, and recorded in Book 266 of Miscellaneous on Page 646 in the office of the Register of Deeds for Minnehaha County, SD, on October 29, 2010, and replatted and reconfirmed by Book 77 of Plats on Page 112 of Lot ‘A’ in Tract 57 of County Auditor’s Subdivision in the NE1/4 of Section 8, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, SD, and filed for record in the office of the Register of Deeds for Minnehaha County, SD, on May 18, 2015; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent utility and drainage easement area, as shown on attached Exhibit A, and affecting part of the real property described as Lot ‘A’ in Tract 57 of County Auditor’s Subdivision in the NE1/4 of Section 8, Township 101 North, Range 49 West of the 5th Principal Meridian, 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: 08/11/15. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 17. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 77-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 77-15 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. It is necessary to levy and there shall be levied a special front foot assessment fee upon each lot, tract, and parcel of land fronting upon every street and part thereof, within the city of Sioux Falls, to be used to maintain and repair street surfacing or pavement. SECTION 2. There is hereby assessed against each and every lot, tract, and parcel of land fronting upon every street or part thereof, one dollar ($1.00) per front foot for the year 2016 which shall be apportioned as the assessment for maintaining of street surfacing or pavement. Front foot, for the purposes of this resolution, means the actual front of the premises as established by the buildings thereon, record title, and use of the property regardless of the original plat. SECTION 3. The City Clerk shall certify such special front foot assessment fees to the county auditors of Minnehaha and Lincoln Counties, SD, and the same shall be collected as municipal taxes for general purposes. SECTION 4. This resolution is necessary for the immediate support of the municipal government and its existing public institutions and shall take effect upon its passage and publication. Date adopted: 08/11/15. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk NEW BUSINESS Council Member Rex Rolfing asked for a moment of personal privilege to introduce his high school friend, Darrell Auch, who was visiting from Morgantown, WV. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adjourn at 9:12 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. 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, August 11, 2015 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Rex Rolfing 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 Mayor Mike T. Huether INVOCATION ● Pastor Allen Brummel, Heritage Protestant Reformed Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● National Health Center Week, August 9-15, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Special City Council Meeting of Thursday, July 30, 2015, at 1:30 p.m. ● Budget Hearings Meeting of Tuesday, August 4, 2015, at 3 p.m. ● Regular City Council Meeting of Tuesday, August 4, 2015, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 6, 2015 memo. 2. A communication was received from Caliber Creative requesting permission to consume, but not sell, beer at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on Wednesday, August 12, 2015, from 6 p.m. to 9:30 p.m., for a company picnic. 3. A communication was received from the Great Plains Zoo & Delbridge Museum requesting permission to consume, but not sell, liquor, wine and/or malt beverage at the Great Plains Zoo, 805 S. Kiwanis Ave., on August 25, September 3, 10, 24, 29, and October 1, 8, 15, 22, 29, 2015 for supporter and donor appreciation events at the zoo. 4. A communication was received from Thom Abbott and Mikaela Knox requesting permission to consume, but not sell, liquor, wine and/or malt beverage at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, September 24, 2016, from 9 a.m. until 12 a.m. for a wedding. 5. Report of Requests for Quotes for Fuel dated: July 30, 2015; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($2.0280); Howes Oil ($2.0450); Cole's Petroleum ($2.0750); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Harms Oil. 6. Report of Requests for Quotes for Fuel dated: August 3, 2015; #2 Clear Diesel; 7,500 gallons; Harms Oil ($1.9832); Howes Oil ($1.9875); CHS, Inc. ($1.9979); Midwest Oil and Petroleum Traders Co., both no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: August 4, 2015; Unleaded Ethanol; 570 gallons; Midway Service ($2.5800); Howes Oil ($2.7500); and Stern Oil, no bid. Bid awarded to: Midway Service. 8. Report of Requests for Quotes for Fuel dated: August 4, 2015; Clear Diesel #1; 1,154 gallons; Midway Service ($1.9800); Howes Oil ($2.0885); and Stern Oil, no bid. Bid awarded to: Midway Service. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AMENDMENTS TO WATER TANK LEASE AGREEMENT NOS. 14-3449 and 14-3450. 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 30.022 ORDINANCES, RESOLUTIONS, MOTIONS AND OTHER DOCUMENTS. HEARINGS AND RESOLUTIONS 11. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 12. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 13. A 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. 14. A 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. 15. A 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. 16. A RESOLUTION APPROVING THE RELEASE OF THE PERMANENT UTILITY AND DRAINAGE EASEMENT LOCATED IN PART OF LOT ‘A’ IN TRACT 57 OF COUNTY AUDITOR’S SUBDIVISION IN THE NE1/4 OF SECTION 8, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SD. 17. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. NEW BUSINESS 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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