City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, January 19, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach Council Member Kenny Anderson Jr. Council Member Dean Karsky Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Jamison Council Member Rex Rolfing Council Member Kermit L. Staggers Mayor Mike T. Huether INVOCATION  Pastor Kip Roozen, Asbury United Methodist Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Stalking Awareness Month - January, 2016 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, January 12, 2016, at 4 p.m.  City Council Meeting of Tuesday, January 12, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the January 14, 2016 memo. 2. A communication was received from Madalena Weniger requesting permission to consume, but not sell, wine at the Old Courthouse Museum, 200 W. 6th Street, on Saturday, July 30, 2016, from 6 p.m. to 11 p.m., pursuant to SDCL 35-1-5.5. 3. Report of Requests for Quotes for Fuel dated: January 7, 2016; #2 Clear Diesel; 7,500 Gallons; CHS< Inc. ($1.436); Harms Oil ($1.4257); Howes Oil, Midwest Oil, and Petroleum Traders Co., all no bid. Bid awarded to: Harms Oil 4. Report of Requests for quotes for Fuel dated: January 8, 2016; #1 and #2 Dyed Diesel Fuel; 7,500 Gallons Each (Total 15,000 Gallons); Howes Oil ($1.3135 #1 Dyed Diesel Fuel and $1.1145 #2 Dyed Diesel Fuel); Harms Oil ($1.3182 #1 Dyed Diesel Fuel and $1.1382 #2 Dyed Diesel Fuel); Stern Oil ($1.3449 #1 Dyed Diesel Fuel and $1.1163 #2 Dyed Diesel Fuel); CHS, Inc., Coles Petroleum, Midwest Oil, Olson Oil and Vollan Oil, all no bid. Bid awarded to: Howes Oil. 5. Report of Requests for Quotes for Fuel dated: January 11, 2016; #1 and #2 Dyed Diesel Fuel; 3,750 Gallons each (Total 7,500 gallons); Stern Oil ($1.2794 #1 Dyed Diesel Fuel and $1.0925 #2 Dyed Diesel Fuel); Harms Oil ($1.2813 #1 Dyed Diesel Fuel and $1.1025 #2 Dyed Diesel Fuel); Howes Oil ($1.2825 #1 Dyed Diesel Fuel and $1.1030 #2 Dyed Diesel Fuel); Coles Petroleum ($1.2988 #1 Dyed Diesel Fuel and $1.0968 #2 Dyed Diesel Fuel); Vollan Oil ( $1.3275 #1Dyed Diesel Fuel and $1.1106 #2 Dyed Diesel Fuel); CHS, Inc. ($1.3669 #1 Dyed Diesel Fuel and $1.1342 #2 Dyed Diesel Fuel); Midwest Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 6. Report of Requests for Quotes for Fuel dated: January 12, 2016; E10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Howes Oil ($1.3350); Stern Oil ($1.3537); Midway (Vollan) ($1.3548); Cole's Petroleum ($1.3640); Harms Oil ($1.3757); CHS, Inc. ($1.3798); Olson Oil, no bid. Bid awarded to: Howes Oil. APPLICATIONS 7. Special One-Day Malt Beverage, Special One-Day Wine and Special One-Day Off-Sale Package Wine Dealer Licenses for the Multi-Cultural Center of Sioux Falls to be operated at 515 North Main Avenue, for a fundraiser on February 13, 2016. NOTICE OF HEARINGS Set a date of hearing for Monday, February 1, 2016, at 7 p.m. for Items 8 through 16:  8. New 2016 Package Liquor License for ICON Entertainment LLC, ICON Lounge, 402 North Main Avenue. 9. New 2016 Retail Wine License for Oh My Word, LLC, Oh My Word Luxury Paperie, 328 South Phillips Avenue. 10. New 2016 Retail Liquor License, including Sunday sales certificate and video lottery terminals, for Badlands Gaming Subsidiary, LLC, Badlands Gaming Subsidiary LLC, 1600 West Russell Street (CUP not required). 11. Rescind 2016 Retail Wine License for Badlands Gaming LLC, Badlands Gaming LLC to be operated at 1600 West Russell Street. 12. Rescind 2015-16 Retail Malt Beverage License for Badlands Gaming LLC, Badlands Gaming LLC to be operated at 1600 West Russell Street. 13. Special One-Day Liquor License for Realtors for Kids to be operated at Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on February 5, 2016. 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Lutheran Social Services of South Dakota to be operated at TSP, 1112 North West Avenue, for a special event on February 9, 2016. 15. Special One-Day Liquor License for Ramkota Companies Inc., Best Western Ramkota Hotel, to be operated at Avera Prairie Center, 1000 East 23rd Street, for a Chamber Mixer on March 15, 2016. 16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Lifescape, to be operated at Lifescape, 4100 South Western Avenue, for a Chamber Mixer on September 13, 2016. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. PUBLIC INPUT Dan Letellier, Executive Director of the Sioux Falls Regional Airport, spoke about Item 30 on tonight's agenda regarding the car rental customer use charge.  John Mathias spoke about Item 23 on tonight's agenda regarding deadlines for City Council agendas. Kendal Zoeller, Enterprise Rent A Car, spoke on Item 30 on tonight's agenda regarding the car rental customer use charge. Liz Muilenburg spoke regarding Item 23 on tonight's agenda pertaining to deadlines for City Council agendas. Greg Neitzert spoke on Item 23 on tonight's agenda regarding deadlines for City Council agendas. Duane Wrange spoke regarding the changing of the name of Powder House Road to Veterans Parkway. Michael Wyland spoke about Item 30 on tonight's agenda regarding the car rental customer use charge. David Zokaites spoke regarding police activity. Tim Stanga spoke regarding taxes, public testimony, and citizens running for City Council positions. Bruce Danielson spoke regarding American government and democracy, the car rental customer use charge and a perceived Executive Session infraction. UNFINISHED BUSINESS 17. New 2015-16 Package Malt Beverage License for Hy-Vee Inc., Hy-Vee Gas, 3100 East 10th Street. 18. New 2016 Package Liquor License for Berenise Garcia-Navarrete and Alberto Carranza, Mi Casa Latina Mexican Store, 809 South Marion Road. 19. Special One-Day Off-Sale Package Wine Licenses for the St. Joseph Cathedral Parish to be operated at the St. Joseph Cathedral, 521 North Duluth Avenue, for a fundraiser being held January 26-29, 2016. 20. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Festival of Tables event on March 31, 2016. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve Items 17-20. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex  Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 38.003 PERTAINING TO ELECTION PRECINCTS. A motion was made by Council Member Dean Karsky and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 21. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 22: 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 12, 2016, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 22. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30; CITY COUNCIL. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 23.  Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, 4. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF THE OUTDOOR AMPHITHEATER TO BE LOCATED AT FALLS PARK WEST TO “LEVITT SHELL SIOUX FALLS,” AND AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS, FRIENDS OF LEVITT SHELL SIOUX FALLS INC. AND MORTIMER & MIMI LEVITT FOUNDATION REGARDING THE LEVITT SHELL AT FALLS PARK WEST. A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 24. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, 4. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 25: 25. 1st 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 AGRICULTURE AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN, AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICTS, PETITION NO. 2358-2015, 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 Dean Karsky to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 25. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE NORTHEAST CORNER OF S. HOSTA AVE. AND E. 57TH ST. FROM THE LW LIVE-WORK DISTRICT TO THE O OFFICE DISTRICT, PETITION NO. 3867-2015, 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 Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 26. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF N. MARION RD., EAST OF W. YUKON TRL., AND NORTH OF W. BENSON RD. FROM THE POPUD PEDESTRIAN-ORIENTED PLANNED UNIT DEVELOPMENT DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 3898-2015, 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 Dean Karsky to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 27. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF S. SYCAMORE AVE. AND BETWEEN E. 61ST ST. AND E. 65TH ST. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD- 2 TOWNHOME RESIDENTIAL—SUBURBAN, LW LIVE-WORK, AND CN CONSERVATION DISTRICTS, PETITION NO. 3938-2015, 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 Dean Karsky to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to defer to the City Council Meeting on Monday, February 1, 2016, at 7 p.m. Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE CAR RENTAL CUSTOMER USE CHARGE AND AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR ECONOMIC DEVELOPMENT PROJECTS. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Monday, February 1, 2016, at 7 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, 4. Noes, Kermit L. Staggers, 1. Motion Passed. HEARINGS AND RESOLUTIONS 31. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY  WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Annexation 3635-2015 - Leubecher (69th St. and Sycamore Avenue). A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to adopt said Resolution No. 5-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. RESOLUTION NO. 5-16 ANNEXATION 3635-2015—Leubecher (69th St. and Sycamore Ave.) 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 once S. Sycamore Ave. is paved and adequate provisions for municipal utilities once sewer is extended from the east and water is currently stubbed to the property from S. Sycamore Ave. 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, Lincoln County, and the boundary of the city is hereby extended to include such territory. SE1/4 of the SE1/4 Section 7, T100-R49W (ex. Leubecher Lots 1, 1A, 2, and 2A) and adjacent 69th St. right-of-way, Lincoln County, SD 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: 01/19/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 32. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Annexation 3755-2015 - Akerson (85th St. and Minnesota Avenue). A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Resolution No. 6-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, 5. Noes, 0. Motion Passed. RESOLUTION NO. 6-16 ANNEXATION 3755-2015—Akerson (85th St. and Minnesota Ave.) 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 to S. Minnesota Ave. 4. The proposed annexation area will be used for access from S. Minnesota Ave.; therefore, water and sewer will not be utilized. 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, Lincoln County, and the boundary of the city is hereby extended to include such territory. Tract 4, Akerson’s Addition, NW1/4, Section 23-100-50 and adjacent Minnesota Avenue right-of-way, Lincoln County, SD  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: 01/19/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk NEW BUSINESS Council Member Rex Rolfing responded to comments presented during Public Input. ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to adjourn the meeting at 8:43 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. 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