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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 13, 2018

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, March 13, 2018, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rick Kiley Council Member Michelle Erpenbach 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  Tom Rooney, Direct Line Prayer Center Director PLEDGE OF ALLEGIANCE PROCLAMATIONS  National Kidney Month - March, 2018 RECOGNITION/AWARDS  Neighbor of the Year Award, Oak View Neighborhood Association CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rick Kiley and seconded by Council Member Marshall Selberg to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, March 6, 2018, at 4 p.m.  Regular City Council Meeting of Tuesday, March 6, 2018, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the March 9, 2018, memo. 2. Report of Requests for Quotes for Fuel dated: March 1, 2018; 7,500 gallons of Dyed Diesel # 1 and 7,500 gallons of Dyed Diesel # 2; Harms Oil ($2.1092 for Dyed Diesel # 1 and $1.9763 for Dyed Diesel # 2); Howes Oil ($2.1505 for Dyed Diesel # 1 and $1.9885 for Dyed Diesel # 2); Stern Oil ($2.1519 for Dyed Diesel # 1 and $2.0304 for Dyed Diesel # 2); CHS, Inc. ($2.2625 for Dyed Diesel # 1 and $2.0550 for Dyed Diesel # 2); Midway Service, Cole's Petroleum and Olson Oil, all no bid. Bid awarded to: Harms Oil. 3. Report of Requests for Quotes for Fuel dated: March 6, 2018; 8,500 gallons of Unleaded; Harms Oil ($2.0812 per gallon); Stern Oil ($2.1285 per gallon); Howes Oil, Midway Service, Cole’s Petroleum, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. 4. A communication was received from Rhonda Reisch requesting permission to consume, but not sell, wine, and/or malt beverages at the Old Courthouse Museum, 200 W. Sixth St., on Sunday, May 27, 2018, for a wedding reception. 5. A communication was received from Tony Tupy and Susan Jorgensen requesting permission to consume, but not sell, wine and champagne at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, October 27, 2018, from 9 a.m. to 5 p.m., for a wedding. 6. A communication was received from Annie Miller and Erik Wold requesting permission to consume, but not sell, liquor, wine and/or malt beverages at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, November 10, 2018, from 4 p.m. to 11 p.m., for a wedding reception. NOTICE OF HEARINGS Set a date of hearing for Tuesday, April 3, 2018, at 7 p.m. for Item 7: 7. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Greg Neitzert and seconded by Council Member Christine M. Erickson to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. PUBLIC INPUT Sierra Broussard spoke about reporter John Hult leaving the Argus Leader for another position. Scott Ehrisman spoke about Sioux Steel moving their operation; TIF’s in Sioux Falls; the BNSF railway agreement; the Top Ten Win Listing; and runoff elections for City Council races. Bob Trzynka spoke about the noise ordinances in the City of Sioux Falls and litigation that has occurred throughout the country regarding this same issue. A motion was made by Council Member Theresa Stehly and seconded by Council Member Christine M. Erickson to allow additional public input from Mr. Trzynka. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Rex Rolfing, 1. Motion Passed. Bob Trzynka spoke about standards used for reviewing noise ordinances. Thor Bardon spoke about growth in the downtown areas; the decibel levels downtown; the location of apartment complexes downtown; and the noise expectations that people should have when they move to an area that is near a bar. Tim Stanga spoke about the public input provided at the City Council Meeting on March 6th and the ordinance change regarding election results. Mike Gunn spoke about the decibel levels downtown and about the voting process. David Zokaites spoke about construction in Sioux Falls. Bruce Danielson spoke about the public input at the March 6th City Council Meeting; the information provided at today’s Public Services Committee Meeting; and an event that he attended in Minneapolis this weekend which involved a medical situation. Jim Giesler spoke about information on the City’s website that promotes downtown as a community focal point. INTRODUCTION AND ADOPTION OF ORDINANCES 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE. A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Neitzert to adopt said Ordinance No. 22-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND BEDROCK DEVELOPMENT, LLC, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE DEVELOPMENT AGREEMENT. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adopt said Ordinance No. 23-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 10. A RESOLUTION VACATING A PORTION OF THE 66' SECTION LINE RIGHT-OF-WAY NORTH AND SOUTH OF THE EAST/WEST 1/4 LINE OF SECTIONS 2 AND 3, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 25-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. RESOLUTION NO. 25-18 A RESOLUTION VACATING A PORTION OF THE 66' SECTION LINE RIGHT-OF-WAY NORTH AND SOUTH OF THE EAST/WEST 1/4 LINE OF SECTIONS 2 AND 3, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD. WHEREAS, a petition to vacate city right-of-way has been filed by the owner of the following described property: The Northwest Quarter (NW1/4) of Section Two (2), except Lot H-2, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, SD; The Southwest Quarter (SW1/4) of Section 2, except Lots H-1 and H-2, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, SD; The Northeast Quarter (NE1/4) of Section 3, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, SD, east of I-229, except Lot H-2; The Northeast Quarter (NE1/4) and the North Three-fourths of the Southeast Quarter (N3/4 SE1/4) of Section 3, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, SD, lying east of Interstate 229; WHEREAS, the hearing was held on March 13, 2018, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition hereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has not been used for public travel for at least 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 66' section line right-of-way north and south of the east/west 1/4 line of Sections 2 and 3, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, SD, as shown on Exhibit A, be and the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 03/13/18 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 11. A RESOLUTION VACATING THE E. 34TH ST. N. RIGHT-OF-WAY FROM THE WEST RIGHT-OF-WAY LINE OF N BAHNSON AVE. TO THE WEST, A DISTANCE OF 1,037.90 FEET. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 26-18. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. RESOLUTION NO. 26-18 A RESOLUTION VACATING THE E. 34TH ST. N. RIGHT-OF-WAY FROM THE WEST RIGHT-OF-WAY LINE OF N BAHNSON AVE. TO THE WEST, A DISTANCE OF 1,037.90 FEET. WHEREAS, a petition to vacate City right–of-way has been filed by the owner of the following described property: The Northwest Quarter (NW1/4) of Section Two (2), Except Lot H-2, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, SD; The Southwest Quarter (SW1/4) of Section 2, except Lots H-1 and H-2, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, SD; WHEREAS, the hearing was held on March 13, 2018, 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 plat attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the E. 34th St. N. right-of-way from the west right-of-way line of N. Bahnson Ave. to the west a distance of 1,037.90 feet as shown on Exhibit A, be and the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. This resolution is effective April 20, 2018. Date adopted: 03/13/18 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 12. A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3031. (5900 S. Sycamore Ave.) A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 27-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. RESOLUTION NO. 27-18 A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3031. WHEREAS, City records show that Ronning Enterprises, Inc. owns the following property in full or in part for all relevant times herein: THE NORTH 450' OF GOVERNMENT LOT 4 OF SECTION 8, TOWNSHIP 100 NORTH, RANGE 49 WEST OF THE 5TH P.M., AND THE SOUTH 570' OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW1/4 SW1/4) OF SECTION 8, TOWNSHIP 100 NORTH, RANGE 49 WEST OF THE 5TH P.M., EXCEPT TRACT 1 OF LEUBECHER’S ADDITION IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW1/4 SW1/4) OF SECTION 8, TOWNSHIP 100 NORTH, RANGE 49 WEST OF THE 5TH P.M., ALL IN LINCOLN COUNTY, SD, ACCORDING TO THE GOVERNMENT SURVEY THEREOF (PARCEL NO. 280.50.08.3031); AND WHEREAS, the street address of the property is 5900 S. Sycamore Ave., Sioux Falls, SD. The property consists of Parcel No. 280.50.08.3031; and WHEREAS, the parcel fronts a road which is not a City-maintained road; and WHEREAS, Section 96.033 of the Code of Ordinances of Sioux Falls, SD, authorizes the City to establish annual street maintenance charges against real property within the city for maintaining or repairing street surfacing or pavement and drainage system, and the City has, in fact, established and charged such street maintenance fees; and WHEREAS, at all relevant times herein, the City Council has levied a special front foot assessment of $1.00 per front foot upon the lots fronting and abutting the streets; and WHEREAS, Two Hundred Thirty Dollars and No Cents ($230.00) was assessed against Parcel No. 280.50.08.3031 for the 2017 taxes due in 2018; and WHEREAS, Section 37.150 of the Code of Ordinances of Sioux Falls, SD, authorizes the City Council to abate or refund all or any part of a tax in excess of a valid, just, fair, and equitable assessment if the City Council is satisfied beyond a doubt that the assessment of real property described in the application for abatement or refund is invalid, inequitable, or unjust if the request is filed no later than the 1st day of November of the fourth year after which such assessment would have been delinquent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City Council is satisfied beyond a doubt that the front foot assessment imposed against current Parcel No. 280.50.08.3031 is invalid, inequitable, or unjust; and The front foot assessment of Two Hundred Thirty Dollars and No Cents ($230.00) imposed against Parcel No. 280.50.08.3031 for the 2017 tax year due in 2018 is herein to be abated; and The City Council therefore abates the front foot assessment for street maintenance on Parcel No. 280.50.08.3031 for the 2017 tax year due in 2018. The City Clerk shall file a certified copy with the Lincoln County treasurer. Date adopted: 03/13/18 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 13. A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3040. (5100 E. 69th St.) A motion was made by Council Member Greg Neitzert and seconded by Council Member Rex Rolfing to adopt said Resolution No. 28-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. RESOLUTION NO. 28-18 A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3040. WHEREAS, City records show that Ronning Enterprises, Inc. owns the following property in full or in part for all relevant times herein: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4 SE1/4), THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4 SW1/4) AND THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (S1/2 NE1/4 SW1/4) OF SECTION EIGHT (8), TOWNSHIP ONE HUNDRED (100) NORTH, RANGE FORTY-NINE (49) WEST OF THE 5TH P.M., LINCOLN COUNTY, SD; EXCEPT, THE SOUTH 386' OF THE WEST 349' OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION EIGHT (8), TOWNSHIP ONE HUNDRED (100) NORTH, RANGE FORTY-NINE (49) WEST OF THE 5TH P.M., LINCOLN COUNTY, SD; FURTHER EXCEPTING, THE SOUTH 208' OF THE WEST 208' OF THE EAST 363' OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4 SW1/4) OF SECTION EIGHT (8), TOWNSHIP ONE HUNDRED (100) NORTH, RANGE FORTY-NINE (49) WEST OF THE 5TH P.M., LINCOLN COUNTY, SD, ALSO DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 155' WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4 SW1/4) OF SECTION EIGHT (8), TOWNSHIP ONE HUNDRED (100) NORTH, RANGE FORTY-NINE (49) WEST OF THE 5TH P.M., LINCOLN COUNTY, SD, THENCE NORTH 208', THENCE WEST 208', THENCE SOUTH 208', THENCE EAST 208' TO THE PLACE OF BEGINNING (PARCEL NO. 280.50.08.3040); AND WHEREAS, the street address of the property is 5100 E. 69th St., Sioux Falls, SD. The property consists of Parcel No. 280.50.08.3040; and WHEREAS, the parcel fronts a road which is not a City-maintained road; and WHEREAS, Section 96.033 of the Code of Ordinances of Sioux Falls, SD, authorizes the City to establish annual street maintenance charges against real property within the city for maintaining or repairing street surfacing or pavement and drainage system, and the City has, in fact, established and charged such street maintenance fees; and WHEREAS, at all relevant times herein, the City Council has levied a special front foot assessment of $1.00 per front foot upon the lots fronting and abutting the streets; and WHEREAS, Two Thousand Ninety Dollars and No Cents ($2,090.00) was assessed against Parcel No. 280.50.08.3040 for the 2017 taxes due in 2018; and WHEREAS, Section 37.150 of the Code of Ordinances of Sioux Falls, SD, authorizes the City Council to abate or refund all or any part of a tax in excess of a valid, just, fair, and equitable assessment if the City Council is satisfied beyond a doubt that the assessment of real property described in the application for abatement or refund is invalid, inequitable, or unjust if the request is filed no later than the 1st day of November of the fourth year after which such assessment would have been delinquent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City Council is satisfied beyond a doubt that the front foot assessment imposed against current Parcel No. 280.50.08.3040 is invalid, inequitable, or unjust; and The front foot assessment of Two Thousand Ninety Dollars and No Cents ($2,090.00) imposed against Parcel No. 280.50.08.3040 for the 2017 tax year due in 2018 is herein to be abated; and The City Council therefore abates the front foot assessment for street maintenance on Parcel No. 280.50.08.3040 for the 2017 tax year due in 2018. The City Clerk shall file a certified copy with the Lincoln County treasurer. Date adopted: 03/13/18 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 14. A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3041. (5400 E. 69th St.) A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 29-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 7. Noes, 0. Motion Passed. RESOLUTION NO. 29-18 A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3041. WHEREAS, City records show that Ronning Enterprises, Inc. owns the following property in full or in part for all relevant times herein: THE SOUTH 208' OF THE WEST 208' OF THE EAST 363' OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4 SW1/4) OF SECTION 8, TOWNSHIP 100 NORTH, RANGE 49 OF THE 5TH P.M., LINCOLN COUNTY, SD, ACCORDING TO THE GOVERNMENT SURVEY THEREOF (PARCEL N0. 280.50.08.3041); AND WHEREAS, the street address of the property is 5400 E. 69th St., Sioux Falls, SD. The property consists of Parcel No. 280.50.08.3041; and WHEREAS, the parcel fronts a road which is not a City-maintained road; and WHEREAS, Section 96.033 of the Code of Ordinances of Sioux Falls, SD, authorizes the City to establish annual street maintenance charges against real property within the city for maintaining or repairing street surfacing or pavement and drainage system, and the City has, in fact, established and charged such street maintenance fees; and WHEREAS, at all relevant times herein, the City Council has levied a special front foot assessment of $1.00 per front foot upon the lots fronting and abutting the streets; and WHEREAS, Two Hundred Eight Dollars and No Cents ($208.00) was assessed against Parcel No. 280.50.08.3041 for the 2017 taxes due in 2018; and WHEREAS, Section 37.150 of the Code of Ordinances of Sioux Falls, SD, authorizes the City Council to abate or refund all or any part of a tax in excess of a valid, just, fair, and equitable assessment if the City Council is satisfied beyond a doubt that the assessment of real property described in the application for abatement or refund is invalid, inequitable, or unjust if the request is filed no later than the 1st day of November of the fourth year after which such assessment would have been delinquent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City Council is satisfied beyond a doubt that the front foot assessment imposed against current Parcel No. 280.50.08.3041 is invalid, inequitable, or unjust; and The front foot assessment of Two Hundred Eight Dollars and No Cents ($208.00) imposed against Parcel No. 280.50.08.3041 for the 2017 tax year due in 2018 is herein to be abated; and The City Council therefore abates the front foot assessment for street maintenance on Parcel No. 280.50.08.3041 for the 2017 tax year due in 2018. The City Clerk shall file a certified copy with the Lincoln County treasurer. Date adopted: 03/13/18 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to adjourn the meeting at 7:55 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, 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, March 13, 2018 at 7 PM ROLL CALL MEMBERS 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 ● Tom Rooney, Direct Line Prayer Center Director PLEDGE OF ALLEGIANCE PROCLAMATIONS ● National Kidney Month - March, 2018 RECOGNITION/AWARDS ● Neighbor of the Year Award, Oak View Neighborhood Association CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, March 6, 2018, at 4 p.m. ● Regular City Council Meeting of Tuesday, March 6, 2018, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the March 9, 2018, memo. 2. Report of Requests for Quotes for Fuel dated: March 1, 2018; 7,500 gallons of Dyed Diesel # 1 and 7,500 gallons of Dyed Diesel # 2; Harms Oil ($2.1092 for Dyed Diesel # 1 and $1.9763 for Dyed Diesel # 2); Howes Oil ($2.1505 for Dyed Diesel # 1 and $1.9885 for Dyed Diesel # 2); Stern Oil ($2.1519 for Dyed Diesel # 1 and $2.0304 for Dyed Diesel # 2); CHS, Inc. ($2.2625 for Dyed Diesel # 1 and $2.0550 for Dyed Diesel # 2); Midway Service, Cole's Petroleum and Olson Oil, all no bid. Bid awarded to: Harms Oil. 3. Report of Requests for Quotes for Fuel dated: March 6, 2018; 8,500 gallons of Unleaded; Harms Oil ($2.0812 per gallon); Stern Oil ($2.1285 per gallon); Howes Oil, Midway Service, Cole’s Petroleum, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. 4. A communication was received from Rhonda Reisch requesting permission to consume, but not sell, wine, and/or malt beverages at the Old Courthouse Museum, 200 W. Sixth St., on Sunday, May 27, 2018, for a wedding reception. 5. A communication was received from Tony Tupy and Susan Jorgensen requesting permission to consume, but not sell, wine and champagne at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, October 27, 2018, from 9 a.m. to 5 p.m., for a wedding. 6. A communication was received from Annie Miller and Erik Wold requesting permission to consume, but not sell, liquor, wine and/or malt beverages at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, November 10, 2018, from 4 p.m. to 11 p.m., for a wedding reception. NOTICE OF HEARINGS Set a date of hearing for Tuesday, April 3, 2018, at 7 p.m. for Item 7: 7. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. 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, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE. 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND BEDROCK DEVELOPMENT, LLC, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE DEVELOPMENT AGREEMENT. HEARINGS AND RESOLUTIONS 10. A RESOLUTION VACATING A PORTION OF THE 66' SECTION LINE RIGHT-OF-WAY NORTH AND SOUTH OF THE EAST/WEST 1/4 LINE OF SECTIONS 2 AND 3, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD. 11. A RESOLUTION VACATING THE E. 34TH ST. N. RIGHT-OF-WAY FROM THE WEST RIGHT-OF-WAY LINE OF N BAHNSON AVE. TO THE WEST, A DISTANCE OF 1,037.90 FEET. 12. A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3031. (5900 S. Sycamore Ave.) 13. A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3040. (5100 E. 69th St.) 14. A RESOLUTION ABATING THE FRONT FOOT ASSESSMENT FOR STREET MAINTENANCE FEES AT PARCEL NO. 280.50.08.3041. (5400 E. 69th St.) 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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