City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, July 11, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Christine M. Erickson Mayor Mike T. Huether INVOCATION  Alan Greene, Founder and CEO, LifeLight Global PLEDGE OF ALLEGIANCE City Council Chair Rick Kiley asked for a point of personal privilege to wish Assistant City Clerk Denise D. Tucker a Happy Birthday. CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. MINUTES   Regular City Council Meeting of Wednesday, July 5, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the July 7, 2017, memo. 2. Approval of the notice of change orders on the July 7, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: June 29, 2017; E-10 Unleaded Ethanol & #2 Clear Diesel; 600 Gallons UL & 600 Gallons #2 Clear DM; Midway Service ($1.7538 UL/$1.8300 Clear #2 DM); Howes Oil ($1.7660 UL/$1.8670 Clear #2 DM); Stern Oil ($1.7860 UL/$1.8641 Clear #2 DM); CHS, Inc., Cole's Petroleum, Harms Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 4. Report of Requests for Quotes for Fuel dated: June 30, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.6966); Cole's Petroleum ($1.7046); Stern Oil ($1.7125); Harms Oil ($1.7274); Howes Oil ($1.7660); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Midway Service. 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: Item 5: Applicant qualifies for property exemption under SDCL 10-4-40. 5. Parcel #69169 for 2016 property taxes in the amount of $128.85. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. PUBLIC INPUT Marge and Bob Good spoke about a recent car accident that Marge was involved in at the intersection of 69th Street and Cliff Avenue. Scott Ehrisman spoke about Elizabeth Whealy, President and CEO of the Great Plains  Zoo, and the work that she has done improving the zoo; ambulance service; the proposed budget; and fire department statistics. David Zokaites spoke about the flow of power and who has control of it. Steven Siano spoke about being misrepresented in the meeting minutes; a summary of his military, mental and disability histories; attempts to receive medical care; discrimination; and life threats. INTRODUCTION AND ADOPTION OF ORDINANCES 6. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR AFFORDABLE HOUSING PROJECTS. ($2,315,650). A motion was made by Council Member Greg Neitzert and seconded by Council Member Christine M. Erickson to adopt said Ordinance 58-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 18, 2017, at 7 p.m. for Item 7: 7. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: AUDIT COMMITTEE. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, July 18, 2017. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 18, 2017, at 7 p.m. for Item 8: 8. 1st Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS PLUS, LLC. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, July 18, 2017. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex  Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 18, 2017, at 7 p.m. for Item 9: 9. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING BY ADOPTING THE 2017 NATIONAL ELECTRICAL CODE AND AMENDMENTS THERETO. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, July 18, 2017. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 10. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Mayor Mike Huether excused himself from the meeting and handed the gavel to Council Chair Rick Kiley. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 59-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 59-17 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon  each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2018. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 07/11/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk Mayor Mike Huether returned to the meeting at this time. 11. A RESOLUTION APPROVING THE VACATION OF THE PUBLIC RIGHT- OF-WAY FOR GRANADA WAY BEGINNING AT REYNOLDS PL. ROAD IN HIGHLAND MEADOWS AND ENDING AT REVILO PL. ROAD IN REVILO COUNTRY ESTATES AS SHOWN ON EXHIBIT A. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 60-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 60-17 A RESOLUTION APPROVING THE VACATION OF THE PUBLIC RIGHT-OF- WAY FOR GRANADA WAY BEGINNING AT REYNOLDS PL. ROAD IN HIGHLAND MEADOWS AND ENDING AT REVILO PL. ROAD IN REVILO COUNTRY ESTATES AS SHOWN ON EXHIBIT A. WHEREAS, a petition has been filed with Lincoln County asking that the aforesaid be vacated. Notice of hearing has been given by the county, and said notice was properly published in compliance with the requirements of SDCL § 31-3-7; and WHEREAS, a hearing was held on October 25, 2016, and the petition has been duly  examined and investigated by the Lincoln County board of commissioners, and the county board of commissioners has approved said petition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL § 31-3-44, the City approves the vacation for Granada Way beginning at Reynolds Pl. road in Highland Meadows and ending at Revilo Pl. road in Revilo Country Estates, recorded in Book J of Plats on page 49 and Book J of Plats on page 72; and That the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a transcript of such duly certified resolution. Date adopted: 07/11/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 12. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE PAGE NUMBER OF THE PLAT THAT REAFFIRMED THE EASEMENT RELEASED IN RESOLUTION 44-17. A motion was made by Council Member Greg Neitzert and seconded by Council Member Marshall Selberg to adopt said Resolution No. 61-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 61-17 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE PAGE NUMBER OF THE PLAT THAT REAFFIRMED THE EASEMENT RELEASED IN RESOLUTION 44-17. WHEREAS, on May 16, 2017, the City Council of the City of Sioux Falls adopted Resolution No. 44-17 approving the release of a 24' public access easement and sanitary sewer easement; WHEREAS, the release of a 24' public access easement and sanitary sewer easement have been approved by the City Council; WHEREAS, the page number as set forth in Resolution 44-17 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the page number as set forth in Resolution 44-17 hereby is amended to read as follows: Whereas, the 24' public access easement and sanitary sewer easement was established by plat and filed in Book 78 of Plats on page 38 in the office of the Register of Deeds for Minnehaha County, SD, on March 4, 2016, and was reaffirmed by plat and filed in Book 78 of plats on page 189 in the Register of Deeds for Minnehaha County, SD, on August 25, 2016. 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: 07/11/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to adjourn at 8:06 p.m. Mayor Mike Huether called for a voice vote. All members voted 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. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. 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