City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 14, 2018, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT PRESENT ABSENT Council Member Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Mayor Paul TenHaken INVOCATION  Reverend Brett Best, Emmanuel Baptist Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. MINUTES  Regular City Council Meeting of Tuesday, August 7, 2018, at 7 p.m. COMMUNICATIONS  1. Approval of contracts/agreements on the August 10, 2018, memo. 2. Report of Requests for Quotes for Fuel dated: August 6, 2018; 8,500 Gallons of Unleaded Ethanol; Midway Service ($2.3017); Cole’s Petroleum ($2.3278); Howes Oil ($2.2995); Stern Oil ($2.3305); CHS, Inc., Olson Oil, and Harms Oil, all no bid. Bid awarded to: Howes Oil. 3. A communication was received from Michael Morowski and Alisha Rolle requesting permission to consume, but not sell, liquor, beer, and wine at The Old Courthouse Museum, 200 W. Sixth St., on September 8, 2018, for a wedding and wedding reception. 4. A communication was received from the Minnehaha County Democratic Party, along with the Lincoln County Democratic Party, requesting permission to consume, but not sell, beer, and wine at The History Club, 758 S. Phillips Ave., on September 14, 2018, for the 2nd Annual Night of Many Ha-Ha’s comedy fundraiser. 5. A communication was received from Howes Oil Company requesting permission to consume, but not sell, alcohol at The Old Courthouse Museum, 200 W. Sixth St., on September 30, 2018, to celebrate their 80th anniversary party. APPLICATIONS Recommendation for denial of abatements. The following applications for abatement were deemed legally insufficient by the State's Attorney's Office for Lincoln County and the City Attorney for Sioux Falls. Based upon the reasons stated below, the Director of Equalization recommends the request for abatement be denied. 6. Kevin Jay Kroeger, 1221 W. 85th St., Parcel #281.26.00.A900, for 2015 property taxes. Reason: A loss occurred because of flood, fire, storm, or other unavoidable casualty in 2009. 7. Kevin Jay Kroeger, 1221 W. 85th St., Parcel #281.26.00.A900, for 2016 property taxes. Reason: A loss occurred because of flood, fire, storm, or other unavoidable casualty in 2009. 8. Kevin Jay Kroeger, 1221 W. 85th St., Parcel #281.26.00.A900, for 2017 property taxes. Reason: A loss occurred because of flood, fire, storm, or other unavoidable casualty in 2009. 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, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. PUBLIC INPUT Bob Kolbe spoke about a lawsuit against Williams Pipeline for an oil spill, 25 years ago at Renner Corner, into the Big Sioux aquifer. Scott Ehrisman spoke about his concerns regarding Legacy and concealed weapons being allowed in the City Council Chambers and City Hall. Bruce Danielson spoke about the new microphones in the City Council Chambers and potholes. Sierra Broussard spoke about arrests made at a massage parlor, police ride-alongs and riot gear. HEARINGS AND RESOLUTIONS 9. 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 Greg Neitzert and seconded by Council Member Janet Brekke to adopt said Resolution No. 71-18. Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 71-18 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: 08/14/18 . Paul TenHaken 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 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2019. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 14th day of August, 2018, and that the entire assessment may be paid without interest to the City Finance Office on or before September 13, 2018. Thomas M. Greco City Clerk 10. 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 Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 72-18. Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 72-18 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: 08/14/18 . Paul TenHaken 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 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2019. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 14th day of August, 2018, and that the entire assessment may be paid without interest to the City Finance Office on or before September 13, 2018. Thomas M. Greco City Clerk 11. 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 Janet Brekke and seconded by Council Member Curt Soehl to adopt said Resolution No. 73-18. Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 73-18 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: 08/14/18 . Paul TenHaken 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 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2019. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 14th day of August, 2018, and that the entire assessment may be paid without interest to the City Finance Office on or before September 13, 2018. Thomas M. Greco City Clerk 12. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to adopt said Resolution No. 74-18. Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, Theresa Stehly, 1. Motion Passed. RESOLUTION NO. 74-18 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: 08/14/18 . Paul TenHaken 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 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2019. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 14th day of August, 2018, and that the entire assessment may be paid without interest to the City Finance Office on or before September 13, 2018. Thomas M. Greco City Clerk 13. 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 Marshall Selberg to adopt said Resolution No. 75-18. Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, Theresa Stehly, 1. Motion Passed. RESOLUTION NO. 75-18 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: 08/14/18 . Paul TenHaken 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 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2019. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 14th day of August, 2018, and that the entire assessment may be paid without interest to the City Finance Office on or before September 13, 2018. Thomas M. Greco City Clerk 14. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 76-18. Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 76-18 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Melanie Carpenter Civil Service Board Reappointed for a term from August 2018 to August 2023. Bernie Schmidt Falls Community Health Appointed for a term from August 2018 Center Governing Board to May 2020 (to fill the unexpired term of Brent Christensen). Date adopted: 08/14/18 . Paul TenHaken Mayor ATTEST: Thomas M. Greco City Clerk 15. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2019 STATE LEGISLATIVE SESSION. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 77-18. A motion was made by Council Member Theresa Stehly and seconded by Council Member Pat Starr to amend by striking Item 6. Vote to amend: Roll Call: Yeses, Theresa Stehly, 1. Noes, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Motion Failed. A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to amend Item 7 after "provides funding for" by adding "tobacco/tobacco type products,". Vote to amend: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to amend by striking Items 10 and 11. Vote to amend: Roll Call: Yeses, 0. Noes, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Motion Failed. Vote to adopt, as amended: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, Theresa Stehly, 1. Motion Passed. RESOLUTION NO. 77-18 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2019 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. 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 legislation allowing alternative publication options for local government. 3. The Sioux Falls City Council supports legislation providing county commissions the option to reduce the number of official newspapers to one. 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 supports tax increment financing (TIF), 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 that provides funding for tobacco/tobacco type products, drug and alcohol education, intervention, and treatment programs. 8. 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. 9. The Sioux Falls City Council supports efforts to eliminate double taxation on public projects through state sales and contractor’s excise taxes. 10. The Sioux Falls City Council supports full state funding for human service agency transportation to offset the costs to local public and nonprofit transportation systems. 11. The Sioux Falls City Council supports state funding initiatives to mitigate the emerald ash borer infestation. Date adopted: 08/14/18 . Paul TenHaken Mayor ATTEST: Thomas M. Greco City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS Set a hearing date for Tuesday, September 4, 2018, at 7 p.m., for Item 16: 16. A PROPOSED RESOLUTION VACATING THE S. ELMWOOD AVE. RIGHT- OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF W. 26TH ST. TO THE NORTH RIGHT-OF-WAY LINE OF W. 28TH ST. A motion was made by Council Member Curt Soehl and seconded by Council Member Christine M. Erickson to set a date of hearing for Tuesday, September 4, 2018, at 7 p.m. Vote to set a date: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. NEW BUSINESS 17. A MOTION TO RECOMMEND THAT THE CITY RETAIN A THIRD PARTY LOSS CONTROL FIRM TO PROVIDE RECOMMENDATIONS AND OPTIONS OF MANAGING THE RISK OF PERSONAL INJURY OR DEATH CAUSED BY FALLING INTO THE BIG SIOUX RIVER WITHIN FALLS PARK. A motion was made by Council Member Curt Soehl and seconded by Council Member Rick Kiley to approve Item 17. A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to amend by adding after Park, "not to exceed $10,000". Vote to amend: Roll Call: Yeses, Pat Starr, 1. Noes, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Theresa Stehly, 7. Motion Failed. Vote to approve: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adjourn at 9:02 p.m. Mayor Paul TenHaken called for a 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. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. 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