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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 12, 2019

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Minutes

MINUTES City Council Meeting Tuesday, March 12, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: Council Member Janet Brekke 2. INVOCATION  Senior Pastor Randall Gehring, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  City Council Working Session of Wednesday, February 27, 2019  Informational Meeting of Tuesday, March 5, 2019  Regular City Council Meeting of Tuesday, March 5, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the March 8, 2019, memo. 7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 26, 2019; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil, #1 Clear Diesel ($2.77) and #2 Clear Diesel ($2.34); Harms Oil, CHS, Inc., Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 8. Report of Requests for Quotes for Fuel dated: February 27, 2019; 3,750 gallons of #1 Dyed Diesel and 3,750 gallons of #2 Dyed Diesel; Cole’s Petroleum ($2.7275 #1 Diesel & $2.134 #2 Diesel); Harms Oil ($2.5911 #1 Diesel & $2.2192 #2 Diesel); Farstad Oil (no bid #1 Diesel & $2.133 #2 Diesel); CHS, Inc., Howes Oil, Midway Service, & Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: March 1, 2019; Unleaded Ethanol (6,000 Gallons); #1 Dyed Diesel (1,000 Gallons); #2 Dyed Diesel (1,000 Gallons); Midway Service ($2.0129 Unleaded, $2.6400 #1 Dyed Diesel & $2.1460 #2 Dyed Diesel); Cole’s Petroleum, Harms Oil, Farstad Oil, Howes Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. APPLICATIONS 10. Patricia Johnson, 926 W. 15th St., Parcel #31565, for 2018 property taxes in the amount of $374.11. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 11. Joseph M. Aurit, 603 E. Hermosa Dr., Parcel #32268, for 2018 property taxes in the amount of $178.01. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 12. Samuel H. Hasson, 1423 E. 5th St., Parcel #035122, for 2018 property taxes in the amount of $779.51. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 13. Roger Thielsen, 1012 N. Sherman Ave., Parcel #35532, for 2018 property taxe in the amount of $432.12. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 14. City of Sioux Falls, 224 West St., Parcel #14900, for 2018 property taxes in the amount $589.26. Reason: The property is exempt from the tax. The Minnehaha County Director of Equalization recommends approval. 15. Joseph J. Sapienza, 1323 S. 2nd Ave., Parcel #39662, for 2018 property taxes in the amount of $6,968.53. Reason: House was razed on June 7, 2018. The Minnehaha County Director of Equalization recommends approval. REGULAR AGENDA 16. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 17. PUBLIC INPUT Scott Ehrisman spoke about cutting the pension of a former Sioux Falls Fire Chief, who is a convicted felon; and changing the TIF program to start cleaning up core neighborhoods to reduce crime. Steven Siano spoke about being misrepresented in last week's City Council Meeting minutes; and how he should get more time for public input due to his Veteran status. Chere Rosa de Sharon spoke about meeting a landlord of a rundown home; being excited about things happening in the core neighborhoods; and thanked Mayor Paul TenHaken for the job he is doing. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF THE HOSPITALITY AREA AT LEVITT SHELL SIOUX FALLS IN FALLS PARK WEST. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 24-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 25-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 20. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL MECHANICAL CODE AND THE 2018 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Soehl and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 21. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 22. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL RESIDENTIAL BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 23. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 156 “FLOODPLAIN MANAGEMENT,” SUBCHAPTER “ADMINISTRATION.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 24. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150 “BUILDING,” SUBCHAPTER “BUILDING SECURITY.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 25. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 110 “LICENSES,” SUBCHAPTER “FEE SCHEDULE,” SECTION 110.028. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 26. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150 “BUILDING,” SUBCHAPTER “PLUMBING.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 27. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING SUBCHAPTER “MANUFACTURED HOUSING” OF CHAPTER 150 “BUILDING”. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Soehl and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 28. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150 “BUILDING,” SUBCHAPTER “RESIDENTIAL BUILDING CONTRACTORS.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Soehl and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 29. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A PORTION OF ELMWOOD AVE. AS A ONE-WAY ST. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 19, 2019 for Item 30. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 31. A RESOLUTION VACATING THE N. HIGHLAND AVE. RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. AUSTIN ST. TO THE NORTH RIGHT OF WAY LINE OF E. 8TH ST. A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 17-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 17-19 A RESOLUTION VACATING THE N. HIGHLAND AVE. RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. AUSTIN ST. TO THE NORTH RIGHT-OF-WAY LINE OF E. 8TH ST. WHEREAS, a petition to vacate city right–of-way has been filed by the owners of the following described property: The West One-Third (W1/3) of Lots 7, 8, and 9 in Block 26 of Emerson and Sherman’s Addition to East Sioux Falls, Minnehaha County, SD The West Two-Thirds (W2/3) of Lots 10, 11, and 12 in Block 26 of Emerson and Sherman’s Addition to East Sioux Falls, Minnehaha County, SD Lots 1 thru 6 in Block 23 of Emerson and Sherman’s Addition to East Sioux Falls, Minnehaha County, SD WHEREAS, the hearing was held on March 12, 2019, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats 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 N. Highland Ave. right-of-way from the south right-of-way line of E. Austin St. to the north right-of-way line of E. 8th St. as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, 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: 03/12/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 32. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND STENSLAND ENTERPRISES, INC. FOR THE MANAGEMENT OF THE CAFÉ LOCATED IN FALLS PARK. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 18-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 18-19 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND STENSLAND ENTERPRISES, INC. FOR THE MANAGEMENT OF THE CAFÉ LOCATED IN FALLS PARK. WHEREAS, the City of Sioux Falls (the “City”) is the owner of the Café currently known as the Falls Overlook Café (the “Café”) located at 825 N. Weber Ave., Sioux Falls, SD; and WHEREAS, Stensland Enterprises, Inc. (“Stensland”) is engaged in the business of providing food and is best known for providing a quality line of dairy products; and WHEREAS, the City desires to engage Stensland, and Stensland desires to accept the engagement, to manage the Café by providing quality food to its patrons, along with offering both in-house catering services and for a more elaborate food presence and service through Stensland’s preferred outside catering company, pursuant to the terms and conditions set forth in the Agreement; and WHEREAS, Stensland is best qualified to manage the operation of the Café; and WHEREAS, Stensland and the City find that it is in both parties’ best interest that a five-year agreement with an option to extend for an additional five-year period be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached hereto and made a part of this Resolution entitled “Management Agreement for the Café Located in Falls Park,” being a five-year agreement for Stensland to manage the Café is hereby approved. Section 2. The Mayor is authorized to sign such agreement after it is ratified and executed by Stensland. Section 3. The City shall publish the Resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 03/12/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 33. A RESOLUTION ADOPTING WRITTEN FINDINGS BY THE CITY COUNCIL APPROVING A PROPOSAL TO DEMOLISH THE PROPERTY AT 101 E. 6TH STREET AND THE ISSUANCE OF ANY RELATED PERMIT BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 19-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 19-19 A RESOLUTION ADOPTING WRITTEN FINDINGS BY THE CITY COUNCIL APPROVING A PROPOSAL TO DEMOLISH THE PROPERTY AT 101 E. 6TH ST. AND THE ISSUANCE OF ANY RELATED PERMIT BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. WHEREAS, a hearing to determine that there is no feasible and prudent alternative to the proposal to demolish the property at 101 E. 6th St., Sioux Falls, SD, based upon the consideration of all relevant factors, and that the program includes all possible planning to minimize harm to the historic property resulting from such use came before the City Council at its normal meeting time on Tuesday, February 19, 2019; and WHEREAS, the City conducted a public meeting, gave notice of the hearing as required by law, and gave consideration to all relevant factors; and WHEREAS, at the conclusion of the hearing, a motion authorizing the proposal to demolish the property at 101 E. 6th St. and the issuance of any related permit based upon the consideration of all relevant factors, and that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the historic property resulting from such use, passed unanimously by the City Council; and WHEREAS, thereafter the above-referenced motion, the City Council authorized the Sioux Falls City Attorney’s Office to prepare written findings consistent with said motion for discussion, review, and approval by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals above are adopted as findings, and in addition, the following findings are adopted: FINDINGS: 1. The proposal to demolish the property at 101 E. 6th St., Sioux Falls, SD, shall hereinafter be referred to as the “Proposal.” 2. The property to be demolished at 101 E. 6th St., Sioux Falls, SD, shall hereinafter be referred to as the “Property.” 3. The Proposal has the potential to impact the Old Courthouse and Warehouse District (OCWD), which is listed in the National Register of Historic Places (NRHP). 4. At the time of the listing, the property was known as 312 N. Phillips Ave., which was a noncontributing resource, and the property at 320 N. Phillips Ave., was a contributing resource. These two properties were combined into the Property after the 1999 NRHP nomination. 5. The Proposal was reviewed by the Board of Historic Preservation (BoHP) on December 12, 2018, at which time the Board determined that the proposal, if approved, would have an adverse effect on the historic district 6. Upon receipt of additional and new information on the Proposal, the BoHP on January 9, 2019, reconsidered the Proposal and determined that the Proposal, if approved, would not have an adverse effect on the OCWD. 7. On January 17, 2019, a case report regarding the Proposal was received by the South Dakota State Historic Preservation Office (SHPO). 8. On January 22, 2019, SHPO sent a letter to Diane deKoeyer of the City of Sioux Falls Planning and Development Services that contained a determination that the Proposal would encroach upon, damage, or destroy historic property that is included in the National and State Registers of Historic Places; and that alternatives to the Project have not been adequately considered and should be further explored. 9. The applicant requested the City Council to make a final determination on the Proposal. 10. Pursuant to SDCL 1-19A-11.1, the Sioux Falls City Council held a public hearing on February 19, 2019, to determine that there is no feasible and prudent alternative to the Proposal based upon the consideration of all relevant factors, and that the program includes all possible planning to minimize harm to the historic property resulting from such use. 11. The City Council heard testimony and presentation from City staff, the applicant, and public input on the Proposal. 12. The City Council’s review and consideration included, but was not limited to, the above-referenced testimony and presentation; South Dakota Codified Law 1-19A- 11.1; Summary of SDCL 1-19A-11.1 Review Process; Board of Historic Preservation Meeting Agenda for December 12, 2018, which included minutes from November 14, 2018, Board of Historic Preservation Meeting and December 12, 2018, Minutes of Board of Historic Preservation, January 9, 2019, Board of Historic Preservation Agenda including meeting minutes for December 12, 2018; email from Tom Slattery dated February 15, 2019; and letter from SHPO dated January 22, 2019, sent to Diane deKoeyer, Planning and Development Services. 13. Reasonable and prudent alternatives to the Proposal have been explored. 14. The applicant has shown an absence of feasible and prudent alternatives to the Proposal. 15. Restoration of the Property subject to the Proposal is economically imprudent. 16. The Proposal, if approved, would not have an adverse effect on the Old Courthouse and Warehouse District. 17. Based upon consideration of all relevant factors, there are not feasible and prudent alternatives to the Proposal, and the program has included all possible planning to minimize harm to the historic property resulting from such use. 18. The recorded minutes, video, supporting materials, and testimony on Agenda Items 37, 38, and 39 of the February 19, 2019, Sioux Falls City Council Meeting are incorporated herein in support of any and all findings made herein. Date adpted: 03/12/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 34. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 20-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 20-19 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 Randal Osterloo Sioux Falls Housing and Reappointed for a term from Redevelopment Commission March 2019 to March 2024. Zachary DeBoer Visual Arts Commission Reappointed for a term from March 2019 to March 2022. Michael Jamison Visual Arts Commission Appointed for a term from March 2019 to March 2022 (to replace Sandra Pay). Keith Lapour Visual Arts Commission Reappointed for a term from March 2019 to March 2022. Joe Schaeffer Visual Arts Commission Appointed for a term from March 2019 to March 2022 (to replace Sandra Callies.) Date adopted: 03/12/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 35. A RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. 24TH ST. TO THE SOUTH LOT LINES OF LOT 216 AND LOT 195. Recommendation: Set a date of hearing for Tuesday, April 9, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, April 9, 2019 for Item 35. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Stehly, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Soehl to adjourn at 8:37 p.m. Voice vote to adjourn. Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, March 12, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Council Member Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg May Paul TenHaken 2. INVOCATION  Senior Pastor Randall Gehring, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  City Council Working Session of Wednesday, February 27, 2019  Informational Meeting of Tuesday, March 5, 2019  Regular City Council Meeting of Tuesday, March 5, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the March 8, 2019, memo. 7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 26, 2019; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil, #1 Clear Diesel ($2.77) and #2 Clear Diesel ($2.34); Harms Oil, CHS, Inc., Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 8. Report of Requests for Quotes for Fuel dated: February 27, 2019; 3,750 gallons of #1 Dyed Diesel and 3,750 gallons of #2 Dyed Diesel; Cole’s Petroleum ($2.7275 #1 Diesel & $2.134 #2 Diesel); Harms Oil ($2.5911 #1 Diesel & $2.2192 #2 Diesel); Farstad Oil (no bid #1 Diesel & $2.133 #2 Diesel); CHS, Inc., Howes Oil, Midway Service, & Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: March 1, 2019; Unleaded Ethanol (6,000 Gallons); #1 Dyed Diesel (1,000 Gallons); #2 Dyed Diesel (1,000 Gallons); Midway Service ($2.0129 Unleaded, $2.6400 #1 Dyed Diesel & $2.1460 #2 Dyed Diesel); Cole’s Petroleum, Harms Oil, Farstad Oil, Howes Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. APPLICATIONS 10. Patricia Johnson, 926 W. 15th St., Parcel #31565, for 2018 property taxes in the amount of $374.11. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 11. Joseph M. Aurit, 603 E. Hermosa Dr., Parcel #32268, for 2018 property taxes in the amount of $178.01. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 12. Samuel H. Hasson, 1423 E. 5th St., Parcel #035122, for 2018 property taxes in the amount of $779.51. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 13. Roger Thielsen, 1012 N. Sherman Ave., Parcel #35532, for 2018 property taxe in the amount of $432.12. The amount requested is the difference between the elderly freeze and the non-elderly freeze. The Minnehaha County Director of Equalization recommends approval. 14. City of Sioux Falls, 224 West St., Parcel #14900, for 2018 property taxes in the amount $589.26. Reason: The property is exempt from the tax. The Minnehaha County Director of Equalization recommends approval. 15. Joseph J. Sapienza, 1323 S. 2nd Ave., Parcel #39662, for 2018 property taxes in the amount of $6,968.53. Reason: House was razed on June 7, 2018. The Minnehaha County Director of Equalization recommends approval. REGULAR AGENDA 16. APPROVAL OF THE REGULAR AGENDA 17. PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF THE HOSPITALITY AREA AT LEVITT SHELL SIOUX FALLS IN FALLS PARK WEST. 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. ORDINANCE FIRST READINGS 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL MECHANICAL CODE AND THE 2018 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2018 INTERNATIONAL RESIDENTIAL BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 156 “FLOODPLAIN MANAGEMENT,” SUBCHAPTER “ADMINISTRATION.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150 “BUILDING,” SUBCHAPTER “BUILDING SECURITY.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 110 “LICENSES,” SUBCHAPTER “FEE SCHEDULE,” SECTION 110.028. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150 “BUILDING,” SUBCHAPTER “PLUMBING.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING SUBCHAPTER “MANUFACTURED HOUSING” OF CHAPTER 150 “BUILDING”. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150 “BUILDING,” SUBCHAPTER “RESIDENTIAL BUILDING CONTRACTORS.” Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A PORTION OF ELMWOOD AVE. AS A ONE-WAY ST. Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2019. HEARINGS AND RESOLUTIONS 31. A RESOLUTION VACATING THE N. HIGHLAND AVE. RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. AUSTIN ST. TO THE NORTH RIGHT OF WAY LINE OF E. 8TH ST. 32. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND STENSLAND ENTERPRISES, INC. FOR THE MANAGEMENT OF THE CAFÉ LOCATED IN FALLS PARK. 33. A RESOLUTION ADOPTING WRITTEN FINDINGS BY THE CITY COUNCIL APPROVING A PROPOSAL TO DEMOLISH THE PROPERTY AT 101 E. 6TH STREET AND THE ISSUANCE OF ANY RELATED PERMIT BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. 34. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. NOTICE OF HEARINGS FOR STREET VACATIONS 35. A RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. 24TH ST. TO THE SOUTH LOT LINES OF LOT 216 AND LOT 195. Recommendation: Set a date of hearing for Tuesday, April 9, 2019. NEW BUSINESS ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. 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. PUBLIC INPUT IS TAKEN BOTH GENERALLY AND FOR ANY ITEM ON THE REGULAR AGENDA. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON AND, IN TOTAL, SHALL LAST NO MORE THAN 30 MINUTES. DURING THIS PORTION OF THE MEETING, PERSONS MAY NOT ADDRESS ANY ITEM APPEARING ON THE REGULAR AGENDA. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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