City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, March 3, 2015, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Mayor Mike T. Huether INVOCATION  Becky Aegerter, Direct Line Prayer Center PLEDGE OF ALLEGIANCE PROCLAMATIONS  March for Meals Month - March, 2015  Colorectal Cancer Awareness Month - March, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to approve the Consent Agenda. A request was made by Council Member Kermit L. Staggers to move the following agreement from Item 1 to the Regular Agenda for discussion purposes: Washington  Pavilion, Building Roof Replacement, an agreement for engineering services to Architecture, Inc. for $78,000.00. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, February 17, 2015, at 4:00 p.m.  City Council Meeting of Tuesday, February 17, 2015, at 7:00 p.m.  Joint City Council/Minnehaha County Commission Meeting of Tuesday, February 24, 2015, at 5:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the February 26, 2015 memo. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve Washington Pavilion, Building Roof Replacement, an agreement for engineering services to Architecture, Inc. for $78,000.00. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 7. Noes, Kermit L. Staggers, 1. Motion Passed. 2. Approval of notice of change orders on the February 26, 2015, memo. 3. Report of Requests for Quotes for Fuel dated: February 17, 2015; #2 Clear Diesel; 12, 200 gallons; Howes Oil ($2.2495); CHS, Inc., Harms Oil, Midwest Oil and Petroleum Traders Co., all no bid. Bid awarded to: Howes Oil. 4. Report of Requests for Quotes for Fuel dated: February 18, 2015; #1 & #2 Dyed Diesel Fuel; 7,500 gallons (3,750 gallons each #1 & #2); Cole's Petroleum ($2.1555 #1 & $2.0195 #2); Harms Oil ($2.1684 #1 & $2.0263 #2); Howes Oil ($2.2300 #1 & $2.0375 #2); CHS, Inc. ($2.2599 #1 & $2.0900 #2); Midwest Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum. 5. Report of Requests for Quotes for Fuel dated: February 23, 2015; E-10 Unleaded Ethanol / 87 Octane; 8,500 gallons; Cole's Petroleum ($1.8579); Harms Oil ($1.8675); Howes Oil ($1.8967); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum. APPLICATIONS 6. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at Washington Pavilion of Arts & Science, 301 South Main Avenue, for special events on March 20 and April 11, 2015. The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 7. Arlene C. Suurmeier, 3405 S. 1st Avenue, for 2014 property taxes in the amount of $546.65. Application completed on time, but accidently missed for last month's meetings. 8. Sioux Falls School District, property at 216 N. Highland Avenue, for 2014 taxes in the amount of $571.05. The Sioux Falls School District purchased this property on July 2, 2014. 9. The Sioux Falls School District, for property at 1802 East 8th Street, for 2014 property taxes in the amount of $300.61. The Sioux Falls School District purchased this property on October 3, 2014. 10. Lloyd R. Schrader, 1614 S. 4th Avenue, for 2014 property taxes in the amount of $1,477.55. The house was razed on May 7, 2014. 11. Lonnie J. Davis, 2400 N. North Drive, for 2014 property taxes in the amount of $506.09. The storage building was razed on July 22, 2014. 12. Ross D. Wickman, 4821 S. Dunlap Avenue, for 2014 property taxes in the amount of $339.91. The house was razed on October 21, 2014. Items 13-19: The amount requested is the difference between the elderly freeze and the non-elderly freeze. 13. Chad J. Albers, 1200 S. Glendale Avenue, for 2014 taxes in the amount of $108.89. 14. Mary Krejci, 2624 S. Mary Drive, for 2014 property taxes in the amount of $593.13. 15. Donald Sundby, 701 N. Van Eps Avenue, for 2014 property taxes in the amount of $647.40. 16. Colletta Stewart, 3000 W. 34th Street, for 2014 taxes in the amount of $379.32.  17. Marcia A. Geurts, 924 S. Holt Avenue, for 2014 property taxes $28.53. 18. Melinda R. Moncrief, 1224 N. Dakota Avenue, for 2014 property taxes in the amount of $515.53. 19. Patricia Klein, 3200 S. Lake Avenue, for 2014 property taxes in the amount of $16.46. NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 17, 2015, at 7:00 p.m. for Items 20 through 25: 20. Transfer of a 2015 Retail Liquor license, including Sunday sales, from Nutty’s Inc., Boonies Bar and Bar B. Q., 805 North West Avenue, to Blue Cherry LLC, Ode to Food and Drinks, 300 North Cherapa Place, Suite 102 (full service restaurant; CUP not required). 21. New 2015 Retail Wine License for Body Sculpting Day Spa Inc., Body Sculpting Day Spa to be operated at 5026 South Marion Road (CUP not required). 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Brennan Rock & Roll Academy, 900 West 11th Street, for a fundraiser concert on March 27, 2015. 23. Special One-Day Malt Beverage License for Avera McKennan Hospital to be operated at the Avera McKennan Fitness Center, 3400 South Southeastern Avenue, for a Joker Run on April 1, 2015. 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at Raven Industries, 205 East Sixth Street, for a fundraiser on May 7, 2015. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for South Dakota Association of the Deaf (SDAD) to be operated at 3520 Gateway Lane, for a SDAD Conference/115th Birthday on June 19 and 20, 2015. 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, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley,  8. Noes, 0. Motion Passed. PUBLIC INPUT There was none. Item 1 was discussed at this time. See item for action taken. UNFINISHED BUSINESS 26. New 2015 Retail Wine License for Envy Nails and Spa LLC, Envy Nails and Spa to be operated at 4521 East 26th Street (CUP not required). 27. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., to be operated at Vance Thompson Vision, 3101 West 57th Street, for the Vance Thompson Eye Ball on March 13, 2015. 28. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for a Canvas and Cocktails Art Class on March 24, 2015. 29. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for a Festival of Tables event on March 26, 2015. 30. Special One-Day Malt Beverage and One-Day Wine Licenses for Augustana College to be operated at the Elmen Center, 2001 South Summit Avenue, for a fundraiser auction on April 10, 2015. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, 4320 South Oxbow Avenue, for a fundraiser on April 17, 2015. 32. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Gourmet Guys fundraiser, on April 19, 2015. 33. Special One-Day Malt Beverage License for SculptureWalk, Inc to be operated at 8th & Railroad Center, 401 East 8th Street, for a fundraiser reception on May 1, 2015. 34. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., to be operated the State Theatre, 316 South Phillips Avenue for Poet events on May 12 and 19 and June 2 and 9, 2015. Pending final inspection per Fire.  A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to approve Items 26 through 34. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE CITY OF SIOUX FALLS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Christine M. Erickson to adopt said Ordinance No. 22-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SOUTHWEST CORNER OF N. CAREER AVE. & N. RESEARCH DR. FROM THE C-2, COMMERCIAL— NEIGHBORHOOD & STREETCAR DISTRICT TO THE CN, CONSERVAITON DISTRICT, PETITION NO. 2094-2014 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 15-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 901 N. MAIN AVE. FROM THE C-2, COMMERCIAL—NEIGHBORHOOD & STREETCAR DISTRICT TO THE DTPUD—DOWNTOWN PLANNED UNIT DEVELOPMENT DISTRICT, PETITION NO. 2144-2015 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 adopt said Ordinance No. 16-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 910 N. MAIN AVE. FROM THE C-2, COMMERCIAL—NEIGHBORHOOD & STREETCAR DISTRICT TO THE DTPUD—DOWNTOWN PLANNED UNIT DEVELOPMENT DISTRICT, PETITION NO. 2145-2015 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. 17-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1224 AND 1226 E. RICE ST. FROM THE RD-1, TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2, COMMERCIAL—NEIGHBORHOOD & STREETCAR DISTRICT, PETITION NO. 2163-2015 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 Rick Kiley to adopt said Ordinance No. 18-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF S. CLIFF AVE. & NORTH AND SOUTH OF E. 77TH ST. FROM THE AG, AGRICULTURE DISTRICT TO THE RA-3, APARTMENT RESIDENTIAL—HIGH DENSITY, S-2, INSTITUTIONAL  CAMPUS PLANNED UNIT DEVELOPMENT, CN, CONSERVATION DISTRICT & C-2, COMMERCIAL—NEIGHBORHOOD & STREETCAR DISTRICT, PETITION NO. 2164-2015 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 adopt Ordinance No. 19-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Dean Karsky, Rick Kiley, 6. Noes, 0. Council Members Greg Jamison and Kermit L. Staggers were excused from the meeting and the vote on this item. Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3405 S. CATHY AVE. FROM THE C-2, COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2176-2015 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adopt Ordinance No. 20-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF E. 26TH ST. & WEST OF S. SHAFER AVE. FROM THE C-2, COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2180-2015 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 Christine M. Erickson to adopt said Ordinance No. 21-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 10, 2015, at 7:00 p.m. for Item 43: 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING AN OFFER BY AR PROPERTIES, LLC TO PURCHASE REAL PROPERTY FROM THE CITY OF SIOUX FALLS. A motion was made by Council Member Dean Karsky and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, March 10, 2015, at 7:00 p.m. for Item 43. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 17, 2015, at 7:00 p.m. for Item 44: 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111, ALCOHOLIC BEVERAGES. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, March 17, 2015, at 7:00 p.m. for Item 44. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 45. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Annexation 2053-2014 - Slavic Church. A motion was made by Council Member Greg Jamison and seconded by Council Member Rex Rolfing to adopt said Resolution 8-15. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, 8. Noes, 0. Motion Passed.  RESOLUTION NO. 8-15 ANNEXATION 2053-2014—SLAVIC CHURCH A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is access to the major street network and adequate provision for municipal utilities when the following occur: a. The developer extends an 8" City water distribution line to provide services to the annexation area at the developer’s cost. The developer shall only do so after adhering to all City Engineering Design standards and permits. b. The developer extends an 8" City sewer lateral line to provide City sewer services to the annexation area at the developer’s cost. The developer shall only do so after adhering to all City Engineering Design Standards and permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory. Tract 1, Katie Addition in the SE1/4 of Section 30, T101N-R48W, including the adjacent Six Mile Rd. right-of-way, Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/03/2015 . 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) 46. REPORT OF THE FEBRUARY 24, 2015, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to adjourn the meeting at 7:44 p.m. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. 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