City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, November 4, 2014, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kenny Anderson Jr. Council Member Kermit L. Staggers 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 Mayor Mike T. Huether INVOCATION  Care Pastor Reed DeVries, Celebrate 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 Rex Rolfing to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, October 20, 2014, at 4:00 p.m.  City Council Meeting of Monday, October 20, 2014, at 7:00 p.m.  Informational Meeting of Tuesday, October 28, 2014, at 4:00 p.m.  Joint City Council/Minnehaha County Commission Meeting of Tuesday, October 28, 2014, at 5:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the October 30, 2014 memo. 2. Approval of notice of change orders on the October 30, 2014 memo. 3. Report of Requests for Quotes for Fuel dated: October 16, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; CHS, Inc. ($2.4591); Harms Oil, Howes Oil and Olson Oil, all no bid. Bid awarded to: CHS, Inc. 4. Report of Requests for Quotes for Fuel dated: October 22, 2014; Diesel (#1 and #2 blend); 1,160 gallons; Howes Oil ($3,922.85); Palisades Oil and Midway Service, both no bid. Bid awarded to: Howes Oil. 5. Report of Requests for Quotes for Fuel dated: October 22, 2014; Unleaded; 750 gallons; Howes Oil ($2,182.13); Midway Service ($2,256.00); and Palisade Oil, no bid. Bid awarded to: Howes Oil. 6. Report of Requests for Quotes for Fuel dated: October 23, 2014; #2 Dyed Diesel; 2,000 gallons; Midway Service ($2.910); Stern Oil ($2.9498); and Howes Oil ($3.029). Bid awarded to: Midway Service. 7. Report of Requests for Quotes for Fuel dated: October 22, 2014; #2 Dyed Diesel Fuel; 15,000 gallons; Harms Oil ($2.8900); CHS, Inc., Howes Oil, Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Harms Oil. Emergency purchase. Received "no bids" from all vendors two days in a row. 8. Report of Requests for Quotes for Fuel dated: October 27, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($2.7750); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. A communication was received from Dave and Pam Harmsen requesting permission to consume, but not sell, liquor, wine and malt beverage at the Old Courthouse Museum, 200 W. Sixth St., on Friday, May 15, 2015, from 7:00 p.m. until 10:00 p.m. for a wedding rehearsal dinner. APPLICATIONS 10. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2015 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B.  NOTICE OF HEARINGS Set a date of hearing for Tuesday, November 18, 2014, at 7:00 p.m., on Items 11 through 13: 11. Transfer of 2014-15 Retail Malt Beverage License from Howell Extended Stay Inc., Staybridge Suites, 2505 South Carolyn Avenue, to Kelly Midwest Ventures LP, Staybridge Suites, 2505 South Carolyn Avenue (CUP not required). 12. Transfer of 2014 Retail Wine License from Howell Extended Stay Inc., Staybridge Suites, 2505 South Carolyn Avenue, to Kelly Midwest Ventures LP, Staybridge Suites, 2505 South Carolyn Avenue (CUP not required). 13. Renewal of 2015 Retail Wine license for Kelly Midwest Ventures LP, Staybridge Suites, 2505 South Carolyn Avenue. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. PUBLIC INPUT Scott Ehrisman spoke regarding City Council Member Dean Karsky and possible conflicts of interest, since he is a member of the Sioux Falls Chamber of Commerce Board; and snow plows. UNFINISHED BUSINESS 14. New 2015 Retail Wine License for Crickett Collins and Isak Anderson, The Bonus Round Bar, to be operated at 803 South Cliff Avenue (CUP not required). 15. Transfer of 2014 Retail Liquor License, including Sunday sales certificate and video lottery terminals, from Limitrophe Inc., Mr. D’s/Raskals Bar Saloon, 2501 West 10th Street, to BDI Inc., business name to be determined, 2501 West 10th Street (CUP not required). 16. Renewal of 2015 Retail Liquor License for BDI Inc., business name to be determined, 2501 West 10th Street. 17. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for an Art Class, on November 11, 2014. 18. Special One-Day Liquor License request for the Avera McKennan Foundation to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the Big Grape fundraiser on April 10, 2015. A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to approve Items 14 through 18 with one vote. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL; SUBCHAPTER, GENERAL PROVISIONS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 80-14. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 6. Noes, Kenny Anderson Jr., 1. Motion Passed. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING; SUBCHAPTER, RESIDENTIAL CODE, BY EXEMPTING RESIDENTIAL RESHINGLES FROM PERMIT PROCESS. A motion was made by Council Member Dean Karsky and seconded by Council Member Greg Jamison to adopt said ordinance for Item 20. Vote to adopt: Roll Call: Yeses, Dean Karsky, 1. Noes, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Rick Kiley, Rex Rolfing, 6. Motion Failed. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING; SUBCHAPTER, RESIDENTIAL BUILDING CONTRACTORS, BY RAISING BOND REQUIREMENTS FOR RESIDENTIAL BUILDING CONTRACTORS.  A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 82-14. A motion was made by Council Member Dean Karsky and seconded by Council Member Christine M. Erickson to amend by adding “except as stated in 150.129(e)” after the second word “contractor” in section 150.129(a) and after “$20,000” in section 150.129(c); and adding a new section 150.129(e), “Contractor licenses issued before December 15, 2014, shall maintain a continuous bond in the penal sum of at least $10,000 in a form approved by the City with the contractor as principal on the bond and the city as obligee for its benefit and that of consumers dealing with the contractor. The aggregate liability of the surety for contractor licenses issued before December 15, 2014, regardless of the number of claims made against the bond or the number of years the bond remains in force, shall not exceed the bond’s penal sum. All contractors must maintain a $20,000 bond as of June 1, 2015.” Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1701 E. 54TH ST. N. FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, PETITION NO. 2014-09-01, 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 adopt said Ordinance No. 83-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4801 E. LINDEN LN. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 2014-09-04, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval.  A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Jamison to adopt said Ordinance No. 84-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 500 S. HILLVIEW RD. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 2014-09-05, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 85-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 701 N. EBENEZER AVE. AND W. 5TH ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND O OFFICE DISTRICTS TO THE I-1 LIGHT INDUSTRIAL AND O OFFICE DISTRICTS, PETITION NO. 2014-09-07, 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 adopt said Ordinance No. 81-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Wednesday, November 12, 2014, at 7:00 p.m., for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TEMPORARY EMPLOYEE PROVISIONS OF CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS.  A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Wednesday, November 12, 2014, at 7:00 p.m., for Item 26. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Wednesday, November 12, 2014, at 7:00 p.m., for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AMENDMENT NO. 8 TO WASTEWATER AGREEMENT NO. 94-0466 BETWEEN THE CITY OF SIOUX FALLS AND THE CITY OF BRANDON AND AMENDING THE REGIONAL WASTEWATER RATES CHARGED TO THE CITY OF BRANDON. City Council Member Kermit L. Staggers arrived at the meeting at 8:16 p.m. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Wednesday, November 12, 2014, at 7:00 p.m., for Item 27. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Wednesday, November 12, 2014, at 7:00 p.m., for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING WATER TANK LEASE AGREEMENTS (MENLO TOWER). 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 Wednesday, November 12, 2014, at 7:00 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 29. A RESOLUTION APPROVING ANGLE PARKING AND EXTENDED  FURNITURE ZONES ON MAIN AVENUE. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 125-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. RESOLUTION NO. 125-14 A RESOLUTION APPROVING ANGLE PARKING AND EXTENDED FURNITURE ZONES ON MAIN AVENUE. WHEREAS, the Sioux Falls City Council on June 17, 2014, approved a temporary road diet pilot project for Main Avenue between 6th Street and 14th Street through October 31, 2014; and WHEREAS, the temporary road diet pilot project repurposed the eastern most lane of Main Avenue for alternative uses that included angled parking and extended furniture zones; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the establishment of angle parking and extended furniture zones on Main Avenue between 6th Street and 14th Street. Date adopted: 11/04/14 . 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) 30. REPORT OF THE OCTOBER 28, 2014, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Mayor Mike Huether recognized the University of Sioux Falls students in the audience. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council  Member Rex Rolfing to adjourn at 8:50 p.m. Mayor Mike Huether called for a voice vote and all members present voted yes. Motion Passed. Denise D. Tucker, 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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