City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, May 17, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Mayor Mike T. Huether INVOCATION  Reverend David Kraemer, All Souls Unitarian Universalist Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Motorcycle Safety and Awareness Month - May 2016 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0.  Motion Passed. MINUTES  Informational Meeting of Tuesday, May 10, 2016, at 4 p.m.  City Council Meeting of Tuesday, May 10, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of Contracts/ Agreements on the May 12, 2016 Memo. 2. A memorandum dated April 30, 2016, declaring surplus property. 3. Report of Requests for Quotes for Fuel dated: May 1, 2016; Clear Diesel #1; 408 Gallons; Howes Oil ($1.8899); Stern Oil ($1.9667); Midway Service and Cole's Petroleum, both no bid. Bid awarded to: Stern Oil. 4. Report of Requests for Quotes for Fuel dated: May 6, 2016; Unleaded Ethanol; 605 Gallons; Howes Oil ($1.8975); Stern Oil ($1.7115); Midway Service and Cole's Petroleum, both no bid. Bid awarded to: Stern Oil. 5. Report of Requests for Quotes for Fuel, dated: May 9, 2016; #2 Dyed Diesel Fuel; 7,500 Gallons; Cole's Petroleum ($1.3905); Harms Oil ($1.3950); Stern Oil ($1.4016); Howes Oil ($1.4090); CHS, Inc. ($1.4490); Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 6. A communication was received from Miranda Brudelie requesting permission to consume, but not sell, beer and wine at Terrace Park-West Shelter, 1100 W. 4th St., on Sunday, May 29, 2016, from 12:00 p.m. until 6:00 p.m. for a BBQ in honor of an upcoming wedding. 7. A communication was received from Staci Peters requesting permission to consume, but not sell, wine and/or malt beverages at The Old Courthouse Museum, 200 W. 6th St., on Thursday, June 23, 2016, from 5:00 p.m. to 7:00 p.m. for an exhibit opening reception. APPLICATIONS 8. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at Washington Pavilion of Arts & Sciences, 301 South Main Avenue, for a wedding reception on June 3, 2017. 9. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for wedding receptions on June 10, September 10 and October 10, 2016. 10. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at the Old Courthouse Museum, 200 West 6th Street, for wedding receptions on June 11 and August 27, 2016. 11. Special One-Day Liquor Licenses for Great Bear Recreation Park Inc., Great Bear Recreation Park, 5901 East Rice Street, for special events on August 6 and 13, September 3, and October 15, 2016. 12. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery, Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery License renewals for 2016-17 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, June 7, 2016, at 7 p.m. for Items 13 through 21: 13. New 2016-17 Package Malt Beverage License for Jon Faulds, Jon Faulds’ Amoco, 3308 West Russell Street. 14. Transfer of 2016 Retail Wine License from New Tokyo Japanese Restaurant LLC, New Tokyo Japanese Restaurant, 109 East 10th Street, to Oshima LLC, Oshima Japanese Restaurant, 109 East 10th Street (CUP not required). 15. Transfer of 2015-16 Retail Malt Beverage License from New Tokyo Japanese Restaurant LLC, New Tokyo Japanese Restaurant, 109 East 10th Street, to Oshima LLC, Oshima Japanese Restaurant, 109 East 10th Street (CUP not required). 16. Renewal of 2016-17 Retail Malt Beverage License for Oshima LLC, Oshima Japanese Restaurant, 109 East 10th Street. 17. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering America Inc., Chef Dominique’s to be operated at Docutap, 101 South Phillips Avenue, Suite 300, for an open house on June 15, 2016. 18. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering America Inc., Chef Dominique’s to be operated at Avera Medical Plastic & Reconstructive Surgery, 6215 South Cliff Avenue, Suite 110, for a social on June 28, 2016. 19. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering America Inc., Chef Dominque’s to be operated at Brennan Rock & Roll Academy, 900 West 11th Street, for a class reunion on July 29, 2016. 20. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be  operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for wedding receptions on June 25, July 2 and 9, September 3 and 24, 2016. 21. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery, Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery License renewals for 2016-17 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. PUBLIC INPUT Robert Kolbe welcomed the new City Council Members by providing advice and offering good luck. David Zokaites introduced the foundation for a plan that he will introduce at a future meeting. UNFINISHED BUSINESS 22. Deferred from the City Council Meeting on Tuesday, April 19, 2016: Special One-Day Malt Beverage License for JAM Art & Supplies to be operated at Tower Park, 1000 North Main Avenue, for the “What’s Up?” event on June 18, 2016. A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to withdraw Item 22. Vote to withdraw: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. 23. Deferred from the City Council Meeting on Tuesday, April 19, 2016: Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for Rooftop Cinema events on June 23, July 28 and  August 25, 2016. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to amend Item 23 to require a seven to eight foot barrier from the edge of the building rooftop. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve Item 23 as amended and Items 26 through 49. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. 24. Deferred from the City Council Meeting on Tuesday, May 10, 2016: New 2016-17 Retail Malt Beverage License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to amend Item 24 requiring a solid wall be constructed from the front to the back of the building without any pass-through capability. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve Item 24, as amended. Vote to approve as amended: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Rex Rolfing, Marshall Selberg, Theresa Stehly, 6. Noes, Greg Neitzert, Pat Starr, 2. Motion Passed. 25. Deferred from the City Council Meeting on Tuesday, May 10, 2016: New 2016 Retail Wine License, including video lottery terminals, for Commonwealth  Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to amend Item 25 requiring a solid wall be constructed from the front to the back of the building without any pass-through capability. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Theresa Stehly, 7. Noes, Pat Starr, 1. Motion Passed. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve Item 25, as amended. Vote to approve as amended: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Rex Rolfing, Marshall Selberg, Theresa Stehly, 6. Noes, Greg Neitzert, Pat Starr, 2. Motion Passed. 26. New 2015-16 Retail Malt Beverage License for Heineman Hospitality Corp, Looks Fine Foods, 6213 South Old Village Place (CUP not required). 27. New 2015-16 Retail Malt Beverage License for Keller’s Green Grocery LLC, Keller’s Green Grocery, 221 South Phillips Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 28. Renewal of 2016-17 Retail Malt Beverage License for Keller’s Green Grocery LLC, Keller’s Green Grocery, 221 South Phillips Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 29. New 2016 Retail Wine License for Keller’s Green Grocery LLC, Keller’s Green Grocery, 221 South Phillips Avenue (CUP not required). Subject to final inspections per Health, Fire and Building Services. 30. New 2016 Package Liquor License Keller’s Green Grocery LLC, Keller’s Green Grocery, 221 South Phillips Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 31. New 2016 Package Liquor License for Fareway Stores, Inc., Fareway Stores #164, 3301 South Sycamore Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 32. New 2016 Retail Wine License for David Napolitano, Breadico, 201 North Weber  Avenue, Suite 101 (CUP not required). 33. New 2016-17 Retail Malt Beverage License for David Napolitano, Breadico, 201 North Weber Avenue, Suite 101 (CUP not required). 34. New 2015-16 Retail Malt Beverage License for Hungry’s Restaurant Inc., Marlins Family Restaurant, 108 South Minnesota Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 35. Renewal of 2016-17 Retail Malt Beverage License for Hungry’s Restaurant Inc., Marlins Family Restaurant, 108 South Minnesota Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 36. New 2016 Retail Wine License for Hungry’s Restaurant Inc., Marlins Family Restaurant, 108 South Minnesota Avenue (CUP not required). Subject to final inspections per Fire, Health and Building Services. 37. New 2016-17 Package Malt Beverage License for Davlon Inc., Shop N Cart 1-29, 4209 West 12th Street. 38. New 2016-17 Package Malt Beverage License for Grevco Inc., Shop N Cart East, 4301 East 12th Street. 39. New 2016-17 Package Malt Beverage License for Grevco Inc., Shop N Cart Northeast, 2701 East 6th Street. 40. New 2016-17 Package Malt Beverage License for Grevco Inc., Shop N Cart West, 5112 West 12th Street. 41. Transfer of 2016 Retail Liquor License, with Sunday sales certificate, from Pinnacle Hospitality Inc., Foley’s Fish Chop Steakhouse, 2507 South Shirley Avenue, to Vanguard Hospitality SF, Foley’s Fish Chop Steakhouse, 2507 South Shirley Avenue. 42. Transfer of 2015-16 Retail Malt Beverage License from Jacky Vanloh, Jacky’s Restaurant, 702 East 7th Street, to Jacky’s Restaurant LLC, Jacky’s Restaurant, 702 East 7th Street. 43. Renewal of 2016-17 Retail Malt Beverage License for Jacky’s Restaurant LLC, Jacky’s Restaurant, 702 East 7th Street. 44. Transfer of 2015-16 Retail Malt Beverage License from Dakota Golf Management Inc., Prairie Green Golf Course, 600 East 69th Street, to Dakota Golf Management Inc., Prairie Green Golf Course, 600 East 69th Street. 45. Renewal of 2016-17 Retail Malt Beverage License for Dakota Golf Management  Inc., Prairie Green Golf Course, 600 East 69th Street. 46. Transfer of 2015-16 Retail Malt Beverage License for Firew Hordofa, Shalom Ethiopian Coffee House, 1701 East 10th Street, to Ezekiel Osman, Kauda Coffeehouse and Restaurant, 1701 East 10th Street, with Conditional Use Permit (4509-2016) being reviewed on May 4, 2016. Pending inspection per Fire. 47. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catholic Diocese of Sioux Falls Vocations Office to be held at O’Gorman High School parking lot, 3201 South Kiwanis Avenue, for a fundraiser on July 16, 2016 48. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Fall Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) 131 East Falls Park Drive, for the Germanfest on September 10, 2016. 49. Special One-Day Malt Beverage Licenses for Sioux Falls Airshow Inc., to be held at Sioux Falls Regional Airport Grounds (grass area between South Dakota Air National Guard Kamp and Runway 9/27), 2801 North Jaycee Lane, for the Sioux Falls Airshow on July 23 & 24, 2016. INTRODUCTION AND ADOPTION OF ORDINANCES 50. Deferred from the City Council Meeting on May 3, 2016: 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2309 S. ELMWOOD AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4180-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (4-3). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt Item 50. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, 2. Noes, Christine M. Erickson, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Motion Failed. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY CHANGING A STREET NAME. (East Arden Street) A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to withdraw Item 51.  Vote to withdraw: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: RESTRICTIONS ON ISSUANCE OF MALT BEVERAGE RETAILER LICENSES. A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to adopt said Ordinance No. 60-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 53: 53 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 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, June 7, 2016, for Item 53. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 54: 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SOUTHEAST CORNER OF E. 41ST ST. AND S. SPARTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, PETITION NO. 4333-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Greg Neitzert and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, June 7,  2016, for Item 54. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 55: 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT SOUTHEAST CORNER OF W. 69TH ST. AND S. BEAL AVE. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, LW LIVE/WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, PETITION NO. 4342-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, for Item 55. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 56: 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 400 S. CLEVELAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, PETITION NO. 4468-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Pat Starr and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, for Item 56. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 57:  57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY NORTH AND SOUTH OF W. 65TH ST. AND EAST OF S. TEA/ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4475-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, for Item 57. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 58: 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF E. 57TH ST. AND WEST OF S. GRAYSTONE AVE. FROM THE LW LIVE/WORK DISTRICT TO THE CN CONSERVATION DISTRICT, PETITION NO. 4481-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, for Item 58. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 59: 59. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3301 S. GARFIELD AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C- 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT INCLUDING CONDITIONS AS ALLOWED IN SECTION 160.650 (e) PLACING LIMITATIONS ON REGULATIONS WITHIN THE RE2 AND RE3 FORM, PETITION NO. 4485-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0) with the following condition: principle and accessory  uses within the RE2 and RE3 Form be limited to “Accessory off-site parking”. 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 Tuesday, June 7, 2016, for Item 59. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, at 7 p.m. for item 60: 60. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1400 N. CLEVELAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX—SUBURBAN DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 4494-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Pat Starr and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, June 7, 2016, for Item 60. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 61. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 30-16. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 44-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 44-16 ANNEXATION 4055-2016—JEPSON’S ADDITION (65TH AND CULBERT AVE.) A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 30-16. WHEREAS, on April 5, 2016, the City Council of the City of Sioux Falls adopted Resolution No. 30-16 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, South Dakota; WHEREAS, the annexation map boundaries have been approved by the City Council; WHEREAS, the legal description as set forth in Resolution 30-16 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 30-16 hereby is amended to read as follows: Jepson’s Addition, Tracts 1 and 2, in the N1/2 of the SW1/4, of Section 12, T100-R51W, including adjacent 469th Ave. 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: 05/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 62. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Greg Neitzert and seconded by Council Member Rick Kiley to adopt said Resolution No. 45-16. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. RESOLUTION NO. 45-16 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 Stephen Brennan Commission on Human Relations Reappointed for a term from May 2016 to May 2021. Shirley Halleen Commission on Human Relations Appointed for a term from May 2016 to May 2018. (To fill the unexpired term of Vicki Harkness.) Alejandro Ramirez Commission on Human Relations Reappointed for a term from May 2016 to May 2021. Bill Wood Commission on Human Relations Reappointed for a term from May 2016 to May 2021. Jonathan Ott Falls Community Health Center Appointed for a term from May 2016 Governing Board to May 2019. (To replace Kari Benz.) Ryan Jansa Infrastructure Review Advisory Appointed for a term from May 2016 Board (IRAB) to May 2019. (Home Builders Association representative to replace Steve Van Buskirk.) Craig De Jager Library Board of Trustees Appointed for a term from May 2016 to May 2019. (To replace Betsy Rice.) Becky Thurman Library Board of Trustees Reappointed for a term from May 2016 to May 2019. Date adopted: 05/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk NEW BUSINESS Mayor Huether and Council Vice Chair Rolfing recognized Les Rumpza for his service since 2000 as security for City Council Meetings Mayor Huether excused himself from the meeting at 8:55 p.m. and City Council Vice Chair Rolfing presided for the remainder of the meeting 63. ELECTION OF CITY COUNCIL CHAIR A motion was made by Council Member Greg Neitzert and seconded by Council Member Michelle Erpenbach to nominate Council Member Rex Rolfing as City Council Chair. Vote to nominate: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach,  Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. 64. ELECTION OF CITY COUNCIL VICE CHAIR A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to nominate Council Member Rick Kiley as City Council Vice Chair. Vote to nominate: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. 65. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE A motion was made by Council Member Theresa Stehly and seconded by Council Member Christine M. Erickson to nominate Council Member Greg Neitzert as the 4th member to the Council Operations Committee. Vote to nominate: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Pat Starr to adjourn the meeting at 9:02 p.m. Council Chair Rex Rolfing called for a voice vote. All members voted yes. Motion Passed. Thomas M. Greco 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. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. 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