City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 19, 2014, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Mayor Mike T. Huether INVOCATION  Councilor Rex Rolfing PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to amend the sentence in bold prior to Item 14 to read as follows: Set a public hearing date for Tuesday, September 9, 2014, at 7:00 p.m., and set adoption of Resolution for Tuesday, September 16, 2014, at 7:00 p.m. for Item 14. The hearing date remains the same for Item 15. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0.  A request was made by Council Member Kermit L. Staggers to move the following three agreements from Item 1 to the Regular Agenda for discussion purposes: 1) Highways/Streets, Project No. 11061, Paver Alley Rehabilitation Between 6th Street & 7th Street and Duluth Avenue & Summit Avenue, to award a bid, Smith & Smith Construction, $214,161; 2) Parks/Rec, Project No. N/A, Park and Recreation System Master Plan, agreement for services, GreenPlay LLC, $69,995; 3) Economic Development, Project No. N/A, 2015 Downtown Plan, agreement for services, Downtown Sioux Falls, $160,000. MINUTES  Budget Hearing Meeting of Tuesday, August 12, 2014, at 3:00 p.m.  City Council Meeting of Tuesday, August 12, 2014, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on August 14, 2014 memo. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve the agreement for Highways/Streets, Project No. 11061, Paver Alley Rehabilitation Between 6th Street & 7th Street and Duluth Avenue & Summit Avenue, to award a bid, Smith & Smith Construction, $214,161. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve the agreement for Parks/Rec, Project No. N/A, Park and Recreation System Master Plan, agreement for services, GreenPlay LLC, $69,995. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., 7. Noes, Kermit L. Staggers, 1. A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to approve the agreement for Economic Development, Project No. N/A, 2015 Downtown Plan, agreement for services, Downtown Sioux Falls, $160,000. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., 7. Noes, Kermit L. Staggers, 1. 2. Notice of Change Orders on the August 14, 2014 memo. 3. Report of Requests for Quotes for Fuel dated: August 7, 2014; #2 Clear Diesel; 7,500 gallons; CHS Inc. ($3.2631); Howes Oil ($3.259); Harms Oil ($3.3342); Midwest Oil and Petroleum Traders Corp., no bid. Bid awarded to: Howes Oil. NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 2, 2014, at 7:00 p.m. on Items 4 through 13: 4. New 2014-15 Retail Malt Beverage License, including video lottery terminals, for Kevin Severson, Jackpot Casino, 2401 West 12th Street (CUP not required). 5. New 2014-15 Malt Beverage License for Fierro LLC, Fiero Pizza, 212 South Phillips Avenue (CUP not required). 6. New 2014 Package Liquor License for Cubby’s Inc., Cubby’s West 12th Truck Stop, 4700 West 12th Street (CUP not required). 7. Transfer of 2014-15 Retail Malt Beverage License, including video lottery terminals, from OFS Benson Road, LLC, Pump ‘N Pak, 3700 North Potsdam Avenue, Suite 300, to Harms Oil Company, Friendly Fuel Stop, 3700 North Potsdam Avenue, Suite 300. 8. Transfer of 2014-15 Package Malt Beverage License from OFS Benson Road, LLC, Pump ‘N Pak, 3700 North Potsdam Avenue, Suite 100, to Harms Oil Company, Friendly Fuel Stop, 3700 North Potsdam Avenue, Suite 100. 9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Canfield Business Interiors, 402 West 9th Street, for an open house on September 9, 2014. 10. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Avera Medical Group of Internal Medicine Women’s Clinic, 116 West 69th Street, for a ribbon cutting on September 25, 2014. 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for KAK, Inc., K to be operated at First National Bank, 100 South Phillips Avenue, for a Tallgrass Recovery fundraiser on September 26, 2014. 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation to be operated at Perspective, 196 East 6th Street, for the Paint the Night Pink fundraiser on October 17, 2014. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizen Services, Inc., Active Generations, 2300 West 46th Street, for a barbeque  and dance on October 24, 2014. Set a public hearing date for Tuesday, September 9, 2014, at 7:00 p.m., and set adoption of Resolution for Tuesday, September 16, 2014, at 7:00 p.m. for Item 14. 14. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015, AND THE 2015–2019 CAPITAL PROGRAM. Set a date of hearing for Tuesday, September 9, 2014, at 7:00 p.m. on Item 15: 15. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR CONSTRUCTION OF GRADING, GRAVEL, ASPHALT SURFACING, CURB AND GUTTER WITH DRIVEWAY APPROACHES, SIDEWALK, STREETLIGHTS, STORM SEWER, SANITARY SEWER MAIN AND SERVICE LINES, AND WATER MAIN AND SERVICE LINES ON W. BENSON RD. FROM N. WESTPORT AVE. TO N. BOBHALLA DR. AND 1,320' NORTH ON N. BOBHALLA DR. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. PUBLIC INPUT John Rabb, a resident of the West Sioux area, spoke on agricultural equipment and/or tractors being parked on property in his neighborhood. Ken Schuster spoke on the need for equipment such as skate laces, mouth guards, and tape, as well as skate blade sharpening at the Sioux Falls Ice and Recreation Center as long as it remains open to the public. Item 1 was discussed at this time. See item for action taken. UNFINISHED BUSINESS 16. Rescind New 2014-15 Retail Malt Beverage License for Crickett Collins, The Bonus Round Bar, to be operated at 803 South Cliff Avenue. 17. New 2014-15 Retail Malt Beverage License for Crickett Collins and Isak Anderson, The Bonus Round, to be operated at 803 South Cliff Avenue. Pending final inspection per Health. 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Commemorative Air Force Joe Foss Squadron to be operated at Maverick Air Center, 4201 North Maverick Place, for a Hangar Dance on September 13, 2014. 19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Avera Medical Group, 6215 South Cliff Avenue, for a marketing event on August 26, 2014. 20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Docutap, 101 South Phillips Avenue, Suite 300, for a ribbon cutting on August 27, 2014. 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Vance Thompson Vision, 3101 West 57th Street for the Artisan 57 open house on September 8, 2014. 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Avera eCare, 4500 North Lewis Avenue, for a board meeting on September 24, 2014. 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Sanford Health, 2301 East 60th Street North, for a special dinner event on September 12, 2014. 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at The Coliseum, 515 North Main Street, for a wedding on October 18, 2014. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to approve Items 16 through 24. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 25. Deferred from the City Council Meeting of Tuesday, August 5, 2014. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST AND WEST OF N. MARLOW AVE. AND NORTH OF E. FAIRWAY DR. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 2014-06-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to defer action on Item 25 to Tuesday, September 2, 2014, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 50 N. KNOLL DR. FROM THE AG AGRICULTURE DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 2014-06-02, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission unanimously recommends denial. A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to withdraw action on Item 26. Vote to withdraw: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 32: CITY ORGANIZATIONS, AUDIT COMMITTEE, OPERATION TO CLARIFY THE APPOINTMENT OF THE AUDIT COMMITTEE CHAIR. A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 27.  Vote to set a date : Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. 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, September 2, 2014, at 7:00 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4324 S. MINNESOTA AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, PETITION NO. 2014-07-06, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 29. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1709 AND 1715 S. CLEVELAND AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE O OFFICE DISTRICT, PETITION NO. 2014-07-07, AND AMENDING  THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 111 W. 17TH ST. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, PETITION NO. 2014-07-08, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 31. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT VARIOUS LOCATIONS AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning staff recommends approval. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 2, 2014, at 7:00 p.m. for Item 32. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0.  Motion Passed. HEARINGS AND RESOLUTIONS 33. A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN LOT 12A OF BLOCK 2 AND S. PRINCE OF PEACE PLACE IN PRINCE OF PEACE ADDITION TO SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. A motion was made by Council Member Greg Jamison and seconded by Council Member Christine M. Erickson to adopt Resolution No. 99-14. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. RESOLUTION NO. 99-14 A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN LOT 12A OF BLOCK 2 AND S. PRINCE OF PEACE PLACE IN PRINCE OF PEACE ADDITION TO SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, South Dakota, no longer needs the permanent easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent utility easement was established by the plat of Lot 12A of Prince of Peace Addition to the City of Sioux Falls, Minnehaha County and recorded in Book 69 of Plats on page 23 in the office of the Register of Deeds for Minnehaha County, SD, on February 21, 2007, and Prince of Peace Addition to the City of Sioux Falls, Minnehaha County and recorded in Book 50 of Plats on page 116 in the office of the Register of Deeds for Minnehaha County, SD on October 5, 1988. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 12A of Block 2 and Vacated Prince of Peace Place in Prince of Peace Addition to Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 8/19/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 Dean Karsky and seconded by Council Member Rex Rolfing to adopt said Resolution No. 100-14. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 8. Noes, 0. Motion Passed. RESOLUTION NO. 100-14 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 appointment: Name Board Term Randy Huber Sioux Falls Convention and Appointed for a term from August 2014 Visitors Bureau Business through March 2017 (to fill the Improvement District (the BID) unexpired term of Lee Howell). Date adopted: 8/19/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adjourn at 7:47 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Lorie Hogstad, CMC  City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. 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