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City Council Meeting

Regular Meeting

Sioux Falls, SD · August 8, 2017

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Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 8, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Mayor Mike T. Huether INVOCATION  Rex Rolfing, City Councilor PLEDGE OF ALLEGIANCE PROCLAMATIONS  Friendship Community Church Founders Day - August 12, 2017 RECOGNITION/AWARDS  Remembrance of Bob Jamison, former Sioux Falls City Commissioner and City Council Member CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A request was made by Council Member Theresa Stehly to move the following agreement from Item 1 to the Regular Agenda for discussion: Economic Development, Conditional Façade Grant Easement, 130 S. Phillips Ave., Boomerang Investments, LLC, $80,000. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. MINUTES  Regular City Council Meeting of Tuesday, August 1, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 4, 2017, memo. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve the following: Economic Development, Conditional Façade Grant Easement, 130 S. Phillips Ave., Boomerang Investments, LLC, $80,000. Vote to approve: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 2. Approval of the notice change orders on the August 4, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: July 27, 2017; Unleaded and Clear Diesel; 600 gallons of Unleaded and 550 gallons of Clear Diesel; Stern Oil ($1.9371 Unleaded and $2.0712 Clear Diesel); Howes Oil ($1.8960 Unleaded and $2.0425 Clear Diesel); Midway Service, Cole's Petroleum, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Howes Oil. 4. Report of Requests for Quotes for Fuel dated: July 27, 2017; Clear Diesel; 7,500 gallons; CHS, Inc. ($2.017); Howes Oil ($1.9825); Harms Oil ($1.9993); and Midwest Oil, no bid. Bid awarded to: Howes Oil. 5. Report of Requests for Quotes for Fuel dated: July 31, 2017; Unleaded Ethanol; 8,500 gallons; Midway Service ($1.8666); Cole's Petroleum ($1.8682); Stern Oil ($1.8729); Harms Oil ($1.8637); Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. 6. A communication was received from Ross Bell and Christine Fabian requesting permission to consume, but not sell, beer, wine, and liquor at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, September 30, 2017, for a wedding. 7. A communication was received from Brent Impecoven and Emily Johnson requesting permission to consume, but not sell, malt beverages, wine, and liquor at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, November 4, 2017, for a wedding reception. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. PUBLIC INPUT Sierra Broussard spoke about problems with an apartment complex, professional courtesy and future discussion topics. Item 1 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 95: PARKS AND RECREATION, REQUIRING PARK BOARD COMPOSITION BASED ON CITY COUNCIL DISTRICTS. A motion was made by Council Member Theresa Stehly and seconded by Council Member Greg Neitzert to adopt Item 8. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Greg Neitzert, 4. Noes, Rex Rolfing, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 4. Mayor Mike Huether broke the tie by voting no. Motion Failed. 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, RENTAL HOUSING. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adopt said Ordinance No. 74-17. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to amend section 150.177 (b) (2) by replacing the words, “the responsible party” with “a contact person(s)” and replacing “responsible party” in 150.180 with “contact person(s)”. Vote to amend: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. A motion was made by Council Member Pat Starr and seconded by Council Member Michelle Erpenbach to amend subsection (b) (2) after “phone number,” insert the word “email,”. Vote to amend: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 10. 2nd Reading, As Amended at the City Council Meeting on August 1, 2017: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NORTHEAST CORNER OF E. 6TH ST. AND N. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 6219-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Council Member Theresa Stehly was excused from the discussion and vote on Item 10. A motion was made by Council Member Greg Neitzert and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 75-17. A motion was made by Council Member Pat Starr to remand the item to the Planning Commission. Motion died for lack of a second. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 6. Noes, Pat Starr, 1. Motion Passed. Set a date of hearing and 2nd Reading of Tuesday, August 15, 2017, for Item 11: 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. 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, August 15, 2017, at 7 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading of Tuesday, August 15, 2017, for Item 12: 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156: FLOODPLAIN MANAGEMENT. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, August 15, 2017, at 7 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 13. 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 Rick Kiley to adopt said Resolution No. 68-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 68-17 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: 08/08/17 . 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 4.00 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, 2018. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2017, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2017. Thomas M. Greco City Clerk 14. 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 Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 69-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 69-17 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: 08/08/17 . 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 4.00 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, 2018. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2017, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2017. Thomas M. Greco City Clerk 15. 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 Rex Rolfing and seconded by Council Member Greg Neitzert to adopt said Resolution No. 70-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 70-17 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: 08/08/17 . 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 4.00 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, 2018. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2017, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2017. Thomas M. Greco City Clerk 16. 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 Greg Neitzert and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 71-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 7. Noes, Theresa Stehly, 1. Motion Passed. RESOLUTION NO. 71-17 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: 08/08/17 . 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 4.00 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, 2018. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2017, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2017. Thomas M. Greco City Clerk 17. 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 Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 72-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 7. Noes, Theresa Stehly, 1. Motion Passed. RESOLUTION NO. 72-17 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: 08/08/17 . 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 4.00 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, 2018. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2017, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2017. Thomas M. Greco City Clerk 18. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT TEXTBOOKS TO MINNEHAHA COUNTY, SD. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Pat Starr to adopt said Resolution No. 73-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 73-17 A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT TEXTBOOKS TO MINNEHAHA COUNTY, SD. WHEREAS, Sioux Falls Fire Rescue has declared as surplus certain textbooks; and WHEREAS, Minnehaha County, SD, finds it desirable to acquire the above-described surplus property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the property described above is no longer necessary, useful, or suitable for the purpose for which it was acquired; and That the gifting by Sioux Falls Fire Rescue to Minnehaha County of the following surplus property:  Textbooks is hereby approved. Date adopted: 08/08/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 19. A RESOLUTION SUPPORTING THE CANDIDACY OF TRACY D. TURBAK FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 74-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 74-17 A RESOLUTION SUPPORTING THE CANDIDACY OF TRACY D. TURBAK FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). WHEREAS, the City of Sioux Falls is a member of the SDPAA, which is a risk-sharing pool comprised primarily of South Dakota cities and counties; and WHEREAS, the City of Sioux Falls appointed Director of Finance, Tracy D. Turbak, who currently holds a position on the Board of Directors of the SDPAA, which term is soon to expire; and WHEREAS, it is in the best interest of the City of Sioux Falls to maintain this representation on the Board of Directors of the SDPAA; and WHEREAS, the SDPAA board member eligibility rules require the candidacy of an appointed official to be supported by a resolution of the governing board. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council hereby supports the candidacy of the Director of Finance, Tracy D. Turbak, for a position on the Board of Directors of the SDPAA. Date adopted: 08/08/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 20. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 7093-2017—Ollerichs Addition (W. 41st St. and S. Ellis Rd.)) A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to adopt said Resolution No. 75-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 75-17 ANNEXATION 7093-2017—Ollerichs Addition (W. 41st St. and S. Ellis Rd.) A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street along W. 41st St. 4. Sewer and water are available to this site immediately. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 4, Ollerichs Addition in the S1/2 of the SE1/4, Section 28-T101-R50W, including the adjacent W. 41st St. right-of-way, 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: 08/08/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 21. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2018 STATE LEGISLATIVE SESSION. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adopt said Resolution No 76-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 76-17 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2018 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; WHEREAS, elected county and municipal representatives within Lincoln and Minnehaha counties have identified these priorities for the 2018 Legislative Session and will seek approval from their respective governing bodies and statewide associations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports a reliable statewide emergency radio system that allows users across the state to communicate within and outside of their agencies. In order to sustain this capability and enhance operations locally, statewide, amongst other states, and with federal agencies, the City Council supports state funding initiatives to upgrade the statewide system to the national standard for public safety communications utilized by both federal and state governments known as Project 25 (P25). 2. The Sioux Falls City Council supports repealing the sunset on the 911 surcharge and supports efforts to hold telecom wireless companies accountable for all surcharge remittance on wireless services provided. We also support legislation allowing inflationary increase in the surcharge to keep pace with continued growing costs and inflation. 3. The Sioux Falls City Council supports legislation allowing alternative publication options for local government. 4. The Sioux Falls City Council supports legislation that expands workforce housing opportunities in South Dakota. 5. The Sioux Falls City Council supports legislation to allow a local option, a gross receipts tax on alcoholic beverages, to fund county services. 6. The Sioux Falls City Council urges the state to leave in place maximum local control of tax increment financing (TIF) districts, an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. 7. The Sioux Falls City Council supports legislation providing local governments flexibility when it comes to compensating those who serve on appointed citizen boards, committees, and commissions. 8. The Sioux Falls City Council supports legislation that provides funding for drug and alcohol education, intervention, and treatment programs. 9. The Sioux Falls City Council supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. 10. The Sioux Falls City Council supports legislation requiring a property owner who appeals their property assessment to the Office of Hearing Examiners, but fails to appear at the hearing, be assessed by the county $250 per appeal unless the property owner provides at least 48 hours’ notice of their absence. Date adopted: 08/08/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Pat Starr and seconded by Council Member Rex Rolfing to adjourn at 9:46 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. 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, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 8, 2017 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Mayor Mike T. Huether INVOCATION ● Rex Rolfing, City Councilor PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Friendship Community Church Founders Day - August 12, 2017 RECOGNITION ● Remembrance of Bob Jamison, former Sioux Falls City Commissioner and City Council Member CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Regular City Council Meeting of Tuesday, August 1, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 4, 2017, memo. 2. Approval of the notice change orders on the August 4, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: July 27, 2017; Unleaded and Clear Diesel; 600 gallons of Unleaded and 550 gallons of Clear Diesel; Stern Oil ($1.9371 Unleaded and $2.0712 Clear Diesel); Howes Oil ($1.8960 Unleaded and $2.0425 Clear Diesel); Midway Service, Cole's Petroleum, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Howes Oil. 4. Report of Requests for Quotes for Fuel dated: July 27, 2017; Clear Diesel; 7,500 gallons; CHS, Inc. ($2.017); Howes Oil ($1.9825); Harms Oil ($1.9993); and Midwest Oil, no bid. Bid awarded to: Howes Oil. 5. Report of Requests for Quotes for Fuel dated: July 31, 2017; Unleaded Ethanol; 8,500 gallons; Midway Service ($1.8666); Cole's Petroleum ($1.8682); Stern Oil ($1.8729); Harms Oil ($1.8637); Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. 6. A communication was received from Ross Bell and Christine Fabian requesting permission to consume, but not sell, beer, wine, and liquor at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, September 30, 2017, for a wedding. 7. A communication was received from Brent Impecoven and Emily Johnson requesting permission to consume, but not sell, malt beverages, wine, and liquor at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, November 4, 2017, for a wedding reception. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 95: PARKS AND RECREATION, REQUIRING PARK BOARD COMPOSITION BASED ON CITY COUNCIL DISTRICTS. 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, RENTAL HOUSING. 10. 2nd Reading, As Amended at the City Council Meeting on August 1, 2017: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NORTHEAST CORNER OF E. 6TH ST. AND N. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 6219-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Set a date of hearing and 2nd Reading of Tuesday, August 15, 2017, for Item 11: 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Set a date of hearing and 2nd Reading of Tuesday, August 15, 2017, for Item 12: 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156: FLOODPLAIN MANAGEMENT. HEARINGS AND RESOLUTIONS 13. 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. 14. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 15. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 16. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 17. 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. 18. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT TEXTBOOKS TO MINNEHAHA COUNTY, SD. 19. A RESOLUTION SUPPORTING THE CANDIDACY OF TRACY D. TURBAK FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). 20. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 7093-2017—Ollerichs Addition (W. 41st St. and S. Ellis Rd.)) 21. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2018 STATE LEGISLATIVE SESSION. 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, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

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