City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, December 3, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Mayor Mike T. Huether INVOCATION  Pastor Pat McClanahan, Common Ground Worship Center PLEDGE OF ALLEGIANCE PROCLAMATIONS  Kick-Off Day to 4-D Month During December - December 3, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Greg Jamison and seconded by Council Member Rex Rolfing to approve the Consent Agenda. Council Member Kermit L. Staggers asked to move the following contract from Item 1 on the Consent Agenda to the Regular Agenda for discussion purposes: Phillips Avenue from 6th Street to 14th Street/Holiday Lighting ($12,750.00). A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Michelle Erpenbach to amend the Consent Agenda by amending the minutes for  the City Council Meeting on Tuesday, November 19, 2013 by amending the vote on Item 34 to reflect a unanimous vote. Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, November 19, 2013, at 4:00 p.m.  City Council Meeting of Tuesday, November 19, 2013, at 7:00 p.m.  Informational Meeting of Tuesday, November 26, 2013, at 4:00 p.m.  Joint City Council/Minnehaha County Commission Meeting of Tuesday, November 26, 2013, at 5:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on November 27, 2013 memo. Sponsor: Mayor/Finance A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve the contract for “Phillips Avenue from 6th Street to 14th Street/Holiday Lighting” ($12,750.00). Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Kermit L. Staggers, 1. Motion Passed. 2. Notice of change orders on November 27, 2013 memo. Sponsor: Mayor/Finance 3. A communication from Nicole Greguson and Jason Papke requesting permission to consume, but not sell, beer and wine at the Old Courthouse Museum, 200 W. 6th Street, on Saturday, December 28, 2013, from 3:00 p.m. to 8:00 p.m. for the purpose of a wedding ceremony. Sponsor: SDCL 35-1-5.5 4. Report of Requests for Quotes for Fuel dated: November 15, 2013; Diesel (#1 and  #2 Blend); 450 gallons; Howes Oil ($2,496.03); Midway Service ($2,506.29); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Fire Rescue 5. Report of Requests for Quotes for Fuel dated: November 18, 2013; E-10 Unleaded Ethanol / 87 Octane; 8,500 gallons; Howes Oil ($2.6250); Harms Oil ($2.6353); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 6. Report of Requests for Quotes for Fuel dated: November 21, 2013; #2 Clear Diesel; 7,500 gallons; Harms Oil ($3.5500); CHS, Inc, Howes Oil, and Midwest Oil, all no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Planning and Building Services/Sioux Area Metro 7. Report of Requests for Quotes for Fuel dated: November 21, 2013; Unleaded; 640 gallons; Howes Oil ($1,920.64); Midway Service ($1,878.08); Palisades Oil, no bid. Bid awarded to Midway Service. Sponsor: Mayor/Fire Rescue 8. Report of Requests for Quotes for Fuel dated: November 21, 2013; Diesel (#1 and #2 blend); 620 gallons; Howes Oil ($2,140.56); Midway Service ($2,127.38); Palisades Oil, no bid. Bid awarded to: Midway Service. Sponsor: Mayor/Fire Rescue APPLICATIONS 9. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2014 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, December 17, 2013, at 7:00 p.m. on Items 10 through 15: 10. New 2014 Package Liquor License for Grevco Inc., Shop N Cart North to be operated at 1029 North Minnesota Avenue. Sponsor: Mayor/City Attorney 11. New 2013-14 Retail Malt Beverage/South Dakota Farm Winery License for Prairie Berry LLC, Prairie Berry Winery, 322 East 8th Street with Conditional Use Permit (2013-10-17) being approved on November 6, 2013. Sponsor: Mayor/City Attorney 12. New 2013-14 Retail Malt Beverage License for Relic Revivals Ltd. Co., Relic  Revivals Ltd. Co., 5015 South Western Avenue, Suite 260 with Special Use Permit (2013-10-07) being approved on October 1, 2013. Sponsor: Mayor/City Attorney 13. New 2014 Retail Wine License for Relic Revivals Ltd. Co., Relic Revivals Ltd. Co., 5015 South Western Avenue, Suite 260 with Special Use Permit (2013-10- 07) being approved on October 1, 2013. Sponsor: Mayor/City Attorney 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s, to be operated at the Avera Prairie Center, 1000 East 23rd Street for an Avera Medical Group event on December 19, 2013. Sponsor: Mayor/City Attorney 15. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2014 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Greg Jamison and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. PUBLIC INPUT Mark Lee, Public Affairs and Communications Director for the Sioux Falls Chamber of Commerce, introduced Mike Lynch to the City Council. Mr. Lynch is the new Public Affairs and Research Manager for the Chamber. UNFINISHED BUSINESS Item 1 was discussed at this time. See item for action taken. 16. Transfer of 2013-14 Retail Malt Beverage License from DKPM Ventures LLC, Shooters Pub, 2309 West Madison Street to Stanton Inc, Business Name to be determined, 2309 West Madison Street with Conditional Use Permit (2013-10- 18) being approved on November 6, 2013. Pending Final Inspections per Health.  Sponsor: Mayor/Attorney A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to approve Item 16. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to amend Item 16 by adding the language "including video lottery terminals". Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 17. Transfer of 2013 Retail Liquor License from Brett Erickson, Happy Jacks Sioux Falls IV, 1211 East Benson Road to Sue Erickson, Happy Jacks Sioux Falls IV, 1211 East Benson Road with Conditional Use Permit (2006-01-13) being approved on February 1, 2006. Sponsor: Mayor/Attorney A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve Item 17. A motion was made by Council Member Dean Karsky and seconded by Council Member Sue Aguilar to amend Item 17 by adding the language "including video lottery terminals and Sunday sales". Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 18. Renewal of 2014 Retail Liquor License for Sue Erickson, Happy Jacks Sioux Falls IV, 1211 East Benson Road. Sponsor: Mayor/Attorney 19. Special One-Day Liquor License for Ramkota Companies Inc, Best Western Ramkota Inn to be operated at Avera Health, 3900 West Avera Drive for an  employee Christmas party on December 6, 2013. Sponsor: Mayor/Attorney 20. Special One-Day Wine License for the Democratic Forum of Sioux Falls to be operated at Women’s History Club, 758 South Phillips Avenue for a fundraiser on December 7, 2013. Sponsor: Mayor/Attorney 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Hospital & University Health Center to be operated at Avera Prairie Center 1000 East 23rd Street for a Chamber Mixer on December 10, 2013. Sponsor: Mayor/Attorney 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sanford Health to be operated at the Sanford Health Pentagon, 2210 Pentagon Place for a Skyforce game on December 25, 2013. Sponsor: Mayor/Attorney A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to approve Items 18 through 22. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 23. (Deferred Action from the City Council Meeting of 11/05/13) - 2nd READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY NORTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE AG, AGRICULTURAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2013-09-05, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 75-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 7901 S. WESTERN AVE. FROM THE AG, AGRICULTURAL DISTRICT AND WINDSWEPT/TIMBER ESTATES PD  DISTRICT TO THE RS-1, RESIDENTIAL DISTRICT AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-08-12, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Ordinance No. 76-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY ON CHAPTER 38: ELECTIONS. Sponsor: City Council/City Clerk's Office A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to adopt said Ordinance No. 77-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Police, $140,000.00) Sponsor: Mayor/Finance A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 78-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, December 10, 2013, at 7:00 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A FALLS PARK VISITOR INFORMATION CENTER LEASE AGREEMENT. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, December 10, 2013,  at 7:00 p.m. for Item 27. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, December 17, 2013, at 7:00 p.m. for Item 28: 28. (Deferred Action from the City Council Meeting of 09/17/13 and 11/05/13) - 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 223 N. FRANKLIN AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2013-08-02 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, December 17, 2013, at 7:00 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to adopt said Resolution No. 96-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. RESOLUTION NO. 96-13 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 Jeremy Keckler Sioux Falls Housing and Reappointed for a term from Redevelopment Commission December 2013 to December 2018. Wayne Wagner Sioux Falls Housing and Appointed for a term from Redevelopment Commission December 2013 to December 2018. (To replace Michele Prestbo.) Sandy Jerstad Zoological Society of Sioux Appointed for a term from Falls Board of Directors December 2013 to December 2016. (To replace Catherine Piersol.) Date adopted: 12/03/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 30. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 80-13. ANNEXATION 2013-07-19 - PINEWOOD. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 97-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. RESOLUTION NO. 97-13 ANNEXATION 2013-07-19—PINEWOOD A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 80-13. WHEREAS, on October 15, 2013, the City Council of the City of Sioux Falls adopted Resolution No. 80-13 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, South Dakota; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 80-13 was not accurate; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 80-13 hereby is amended to read as follows: Tract 8B, Pinewood Addition in the NW1/4 of Section 22-T100-R50W of the 5th P.M., Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 12/03/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 31. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS CONVENTION & VISITORS BUREAU FOR THE MANAGEMENT OF THE SIOUX FALLS VISITOR INFORMATION CENTER AND VIEWING TOWER AT FALLS PARK. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 98-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. RESOLUTION NO. 98-13 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS CONVENTION & VISITORS BUREAU FOR THE MANAGEMENT OF THE SIOUX FALLS VISITOR INFORMATION CENTER AND VIEWING TOWER AT FALLS PARK. WHEREAS, the City owns the Sioux Falls Visitor Information Center and Viewing Tower (Visitor Center) located at Falls Park; and WHEREAS, the City and the Sioux Falls Convention & Visitors Bureau (CVB) desire to have the CVB manage and operate the Visitor Center at Falls Park, and the CVB desires to perform such services on the terms and conditions set forth herein; 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 “Agreement for Visitor Center Management Services” between the City of Sioux Falls, South Dakota, and the CVB is hereby approved. Section 2. The Mayor is authorized to sign the management agreement after it is ratified and executed by the CVB. 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: 12/03/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 32. REPORT OF THE NOVEMBER 26, 2013, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adjourn the meeting at 7:50 p.m. Mayor Mike Huether called for a voice vote and all members voted yes. Motion Passed. Tamara Jorgensen, CMC 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. 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