City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 9, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Mayor Mike T. Huether INVOCATION  Dr. Erich McCandless, Empire Baptist Temple PLEDGE OF ALLEGIANCE PROCLAMATIONS  National Health Center Week CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to approve the Consent Agenda. A request was made by Council Member Theresa Stehly to remove the following information from Item 1 to the Regular Agenda for discussion purposes: Entertainment Venues, Furnish Digital Projector and Screens, to award a bid, AVI Systems, for $39,537.  Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. MINUTES  Budget Hearings Meeting of Tuesday, August 2, 2016, at 2 p.m.  Regular City Council Meeting of Tuesday, August 2, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 5, 2016, memo. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve: Entertainment Venues, Furnish Digital Projector and Screens, to award a bid, AVI Systems, for $39,537. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. 2. Report of Requests for Quotes for Fuel dated: July 27, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Midway (Vollan) Oil ($1.6272); Harms Oil ($1.6275); Stern Oil ($1.6308); CHS, Inc. ($1.6550); Howes Oil ($1.6660); Cole's Petroleum and Olson Oil, both no bid. Bid awarded to: Midway (Vollan) Oil. 3. Report of Requests for Quotes for Fuel dated: July 28, 2016; Unleaded Ethanol & #2 Dyed Diesel; 2,500 Gallons Unleaded/5,500 Gallons #2 Diesel; Stern Oil ($1.6019 Unleaded/$1.4096 #2 Diesel); Harms Oil ($1.6115 Unleaded/$1.4187 #2 Diesel); Midway (Vollan) Oil ($1.5995 Unleaded/$1.4290 #2 Diesel) Cole's Petroleum ($1.6220 Unleaded/$1.4240 #2 Diesel); CHS, Inc. ($1.6300 Unleaded/$1.4400 #2 Diesel); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. APPLICATIONS 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: 4. Erica Schmitt, 4217 N. Olympia Dr., for 2015 property taxes in the amount of $1,296.37. Owner occupied status should have been applied but was not.  Items 5- 9: The applicant or the property is exempt from the tax. 5. Kingdom Boundaries Prison Aftercare Ministries Inc., 417 S. Summit Ave., for 2015 property taxes in the amount of $3,035.92. 6. Muslims Community Center of South Dakota, 3932 S. Western Ave., for 2015 property taxes in the amount of $17,175.98. 7. Feeding South Dakota, 3501 N. 1st St., for 2015 property taxes in the amount of $7,596.60. 8. All Souls Church - Unitarian Universalist, 2200 S. Cliff Ave., for 2015 property taxes in the amount of $854.71. 9. Lutheran Social Services of South Dakota, 705 E. 41st St., Suite 200, for 2015 property taxes in the amount of $2,944.12. Items 10- 20: Applicants qualify for property exemption under SDCL 10-4-40. 10. Parcel #45766 for 2015 property taxes in the amount of $1,584.05. 11. Parcel #88203 for 2015 property taxes in the amount of $461.63. 12. Parcel #32689 for 2015 property taxes in the amount of $1,063.28. 13. Parcel #46689 for 2015 property taxes in the amount of $972.13. 14. Parcel #31211 for 2015 property taxes in the amount of $875.81. 15. Parcel #47144 for 2015 property taxes in the amount of $494.75. 16. Parcel #28844 for 2015 property taxes in the amount of $373.27. 17. Parcel #42667 for 2015 property taxes in the amount of $273.41. 18. Parcel #39020 for 2015 property taxes in the amount of $230.24. 19. Parcel #30956 for 2015 property taxes in the amount of $125.90. 20. Parcel #61092 for 2015 property taxes in the amount of $1,584.06. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council  Member Rick Kiley to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. PUBLIC INPUT Robert Kolbe spoke about attending a public meeting with a South Dakota senator; what people would die for; and a reminder for people to attend the Sioux Empire Fair. David Zokaites expressed concerns brought up by a constituent at last week's City Council meeting, being searched by officials, the erosion of Civil and Political rights, and writing a book about Civil Rights and Politics. Bruce Danielson spoke about the Stop the Funding petition drive and the accumulation of signatures. Chad Carpenter spoke about receiving citations for the numerous items in his yard, being fined by the City for litter removal, going to court over the matter, and for receiving a second fine by the City for litter removal. INTRODUCTION AND ADOPTION OF ORDINANCES 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES FOR CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 97-16. A motion was made by Council Member Theresa Stehly and seconded by Council Member Greg Neitzert to amend Section 4 by not repealing Section 39.038 Political Activity. Vote to amend: Roll Call: Yeses, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 4. Noes, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Rex Rolfing, 4. Mayor Mike Huether broke the tie by voting yes. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, Michelle Erpenbach, Rex Rolfing, 2. Motion Passed.  HEARINGS AND RESOLUTIONS 22. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY 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. 76-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 76-16 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY 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 repair or demolition of real property 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: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco 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 3.50 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, 2017. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2016, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2016.  Thomas M. Greco City Clerk 23. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL 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 Marshall Selberg to adopt said Resolution No. 77-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 77-16 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL 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 litter removal 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: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco 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 3.50 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, 2017. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2016, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2016. Thomas M. Greco City Clerk 24. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL 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. 78-16. A motion was made by Council Member Greg Neitzert and seconded by Council Member Michelle Erpenbach to amend the list by removing Item 55, which has been resolved. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 78-16 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL 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 snow removal 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: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco 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 3.50 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, 2017. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2016, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2016. Thomas M. Greco City Clerk 25. 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 Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 79-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Rex Rolfing, Marshall Selberg, Pat Starr, 6. Noes, Greg Neitzert, Theresa Stehly, 2. Motion Passed. RESOLUTION NO. 79-16 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: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco 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 3.50 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, 2017. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2016, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2016. Thomas M. Greco City Clerk 26. 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 Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Resolution No. 80-16. A motion was made by Council Member Greg Neitzert and seconded by Council Member Michelle Erpenbach to amend the list by removing Items 150, 151, 152, and 210, which have been resolved. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 80-16 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: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco 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 3.50 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, 2017. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2016, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2016. Thomas M. Greco City Clerk 27. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT SIX IBM BLADE SERVERS, TWO IBM BLADE SERVER CHASSIS, AND FOUR IBM BLADE SERVER CISCO SWITCH MODULES TO SOUTHEAST TECHNICAL INSTITUTE. A motion was made by Council Member Greg Neitzert and seconded by Council Member Marshall Selberg to adopt said Resolution No. 81-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 81-16 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT SIX IBM BLADE SERVERS, TWO IBM BLADE SERVER CHASSIS, AND FOUR IBM BLADE SERVER CISCO SWITCH MODULES TO SOUTHEAST TECHNICAL INSTITUTE. WHEREAS, the City of Sioux Falls Central Services department has declared as surplus six IBM Blade Servers, two IBM Blade Server Chassis, and four IBM Blade Server Cisco Switch Modules; and WHEREAS, Southeast Technical Institute finds it desirable to acquire the above-described surplus property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by the City of Sioux Falls to Southeast Technical Institute of the following surplus property: ASSET # SERIAL # ASSET # SERIAL # IBM BLADE SERVERS IBM BLADE SERVER CHASSIS A3014630A 06F3784 A3011594A 90P4792 A3009742A 06AF746 A3011977A 42C9710 A3009743A 06AF744 IBM BLADE SERVER CISCO SWITCH MODULES A3009741A 06AF756 A3014626A FOC1337S09W A3014631A 06F3786 A3014627A FOC1337S0AM A3014632A 06F3785 A3014628A FOC1337S0DB A3014629A FOC1337S0AS Date adopted: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 28. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS GENERAL CONDITIONS FOR PUBLIC IMPROVEMENTS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Pat Starr to adopt said Resolution No. 82-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 82-16 A RESOLUTION AMENDING THE CITY OF SIOUX FALLS GENERAL CONDITIONS FOR PUBLIC IMPROVEMENTS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls General Conditions for Public Improvements revised edition dated September 1, 2016, is hereby adopted. The aforementioned document is attached to and made a part of this resolution. The City shall publish the resolution, without attachment, after its passage. The document is on file and available for inspection in the Office of the City Clerk. Date adopted: 08/09/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk Council Member Michelle Erpenbach asked for a Point of Personal Privilege to say Thank You to her husband, Steve, for 30 years of marriage. Mayor Mike Huether stated Connor Horr, from Boy Scout Troop 48, Sertoma Club, had been present at the meeting. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Pat Starr to adjourn at 9 p.m. Mayor Mike Huether called for the voice vote. All members said yes. Motion Passed. Denise D. Tucker, 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. 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