City Council Meeting

MINUTES City Council Meeting Tuesday, July 9, 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 Christine M. Erickson, Council Member Rick Kiley, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Mayor Paul TenHaken Absent: Council Member Greg Neitzert 2. INVOCATION  Reverend Dr. M.G. Martell Spagnolo, First Congregational Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Stehly to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 2, 2019  City Council Meeting of Tuesday, July 2, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 5, 2019. 7. Sioux Area Metro Report of Requests for Quotes for Fuel dated: June 24, 2019; 9,500 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.27); Harms  Oil, Howes Oil, CHS, Inc., 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: June 26, 2019; 7,500 Gallons of #2 Dyed Diesel; Farstad Oil: ($2.0080); Cole’s Petroleum, Stern Oil, Midway Service Harms Oil, Howes Oil, CHS, Inc., M.G. Oil and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 9. Report of Requests for Quotes for Fuel dated: June 27, 2019; 8,500 Gallons of Unleaded Ethanol; Midway Service ($2.126); Cole’s Petroleum ($2.158); Stern Oil ($2.1656); Farstad Oil ($2.142); Olson Oil, Harms Oil, Howes Oil, and CHS, Inc., all no bid. Bid awarded to: Midway Service. 10. Report of Requests for Quotes for Fuel dated: July 2, 2019; 8,500 Gallons of Unleaded Ethanol; Midway Service ($2.1244); Cole’s Petroleum ($2.156); Stern Oil ($2.1379); Farstad Oil ($2.143); Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. APPLICATIONS 11. Renewal of 2019-20 Retail Malt Beverage/SD Farm Wine License for Himalayan Indian Cuisine, 5310 East Arrowhead Parkway. The following abatements are recommended for approval by the Lincoln County Director of Equalization: 12. Parcel #280.84.09.020B, for 2018 property taxes in the amount of $1,405.96. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Property Tax Exemption for Disabled Veterans.) REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 14. PUBLIC INPUT Sierra Broussard spoke about massage parlors, human trafficking and the police. Melanie Bliss spoke about her concerns regarding the need to help those who are out on the streets. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS  15. 2nd Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt said Ordinance No. 76-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Selberg, Soehl, Stehly, Brekke; 1 No: Starr. Motion Passed. ORDINANCE FIRST READINGS 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR FUNDING IMPROVEMENTS TO THE SIOUX FALLS STATE THEATRE. Recommendation: Set a date of 2nd Reading for Tuesday, July 16, 2019. A motion was made by Council Member Stehly and seconded by Council Member Starr to set a date of hearing and 2nd Reading for Monday, August 5, 2019, for Item 16. Roll call vote to set a date of hearing. 2 Yes: Starr, Stehly; 5 No: Erickson, Kiley, Selberg, Soehl, Brekke. Motion Failed. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of hearing and 2nd Reading for Tuesday, July 16, 2019 for Item 16. Roll call vote to set a date of hearing. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (“In Varietate Concordia”) A motion was made by Council Member Erickson and seconded by Council Member Starr to adopt said Resolution No. 61-19. Roll call vote to adopt. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 61-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the City of Sioux Falls intends to place a City-owned steel sculpture known as “In Varietate Concordia” by sculptor artist Matt Kargol, Iowa; and WHEREAS, in May 2019, the artist submitted the Visual Artists Rights Act of 1990 (VARA) Waiver Agreement to modify the artwork; and WHEREAS, in exchange for this waiver, the City administration shall support City Council approval to remove each crane figure from the four box structures and place the four (4) colorful crane figures “as is” on the existing four pedestals within the Orpheum Theater courtyard for up to two years; and WHEREAS, the modified sculpture to depict four individual origami crane figures—one red, one black, one yellow, and one white in color—and measuring approximately 36" in height, 46" in width (wing span), and 57" in length (beak to tail), as is; and WHEREAS, provided funding is available, the crane figures will be refurbished and maintained in phases through an annual art maintenance budget approved by the City Council. Future maintenance will incorporate the City’s art conservation consultant’s recommendations; and WHEREAS, the cranes will continue to be attributed to the artist. City administration will encourage an article in the local paper celebrating the new placement of the works; and WHEREAS, the four box structures will not be used. The artist will be allowed to take possession of the four old aluminum box structures as later agreed to by and between the parties at a mutually acceptable time and place at the sole expense and liability of the artist; and WHEREAS, the propose site placement for said sculpture to be located at 315 N. Phillips Ave., Sioux Falls, SD, and prominently displayed on four existing quartzite pedestals measuring 32" in height, 60" in width, and 60" in length within the existing Orpheum Theater courtyard that is well- landscaped, illuminated, and secure; and WHEREAS, the Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City, and the Sioux Falls Visual Arts Commission, encourages and recommends public art integration within public places in Sioux Falls, SD; and WHEREAS, two Sioux Falls citizen boards—the Orpheum Theater Board and the Visual Arts Commission—both have reviewed the proposed “In Varietate Concordia” cranes sculpture and placement on June 5, 2019, and June 18, 2019, respectively, and unanimously recommend approval for the sculpture and placement, per the effective artist waiver agreement as presented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The“In Varietate Concordia” sculpture to be modified and consist of the four (4) colorful crane figures “as is,” and site placement be on public property located at 315 N. Phillips Ave., Sioux Falls, SD, within the Orpheum Theater courtyard for up to two years, per the effective artist waiver agreement as presented. Date adopted: 07/09/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 18. A RESOLUTION VACATING THE E. 63RD ST. N. RIGHT-OF-WAY FROM THE EAST RIGHT-OF-WAY LINE OF N. CLIFF AVE. TO APPROXIMATELY 466' EAST AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, August 13, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for Tuesday, August 13, 2019 for Item 18. Roll call vote to set a date of hearing. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 19. A RESOLUTION VACATING THE EAST 44 FEET OF THE WEST 54 FEET OF THE SOUTH ALLEY IN BLOCK 2 OF PAULTON’S ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, August 13, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, August 13, 2019 for Item 19. Roll call vote to set a date of hearing. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Starr to adjourn at 8:32 p.m. Voice vote to adjourn. 7 Yes: Erickson, Kiley, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk