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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 20, 2016

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, December 20, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Marshall Selberg Council Member Pat Starr (arr. 7:25 p.m.) Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Marshall Selberg, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, December 13, 2016, at 4 p.m.  City Council Meeting of Tuesday, December 13, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 16, 2016, memo. 2. Approval of the notice of change orders on the December 16, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: December 6, 2016; 70/30 Dyed Diesel; 1,000 Gallons; Howes Oil ($2.009); Midwest Oil ($1.770); Midway Service ($1.766). Bid awarded to: Midway Service. 4. Report of Requests for Quotes for Fuel dated: December 7, 2016; Unleaded Ethanol & #1 Dyed Diesel; 3,000 Gallons Unleaded and 5,000 Gallons #1 Dyed Diesel; Cole's Petroleum ($1.7123 Unleaded/$1.6972 #1); Midway Service ($1.7120 Unleaded/$1.7378 #1); Stern Oil ($1.8340 Unleaded/$1.5495 #1); Harms Oil ($1.7712 Unleaded/$1.7792 #1); CHS, Inc., Howes Oil, and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 5. Report of Requests for Quotes for Fuel dated: December 12, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.7325); Harms Oil ($1.7698); Stern Oil ($1.8000); CHS, Inc., Cole's Petroleum, Howes Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 6. Report of Requests for Quotes for Fuel dated: December 13, 2016; 50/50 Blend of Clear Diesel; 9,000 Gallons; Harms Oil ($2.2222 #1/$1.8647 #2); CHS, Inc., Howes Oil, Midwest Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: December 13, 2016; #1 and #2 Dyed Diesel; 7,500 Gallons (3,750 Gallons each); Stern Oil ($1.7499 #1 DM/$1.7499 #2 DM); Cole's Petroleum ($1.9225 #1 DM/$1.6580 #2 DM); Harms Oil ($1.9357 #1 DM/$1.6857 #2 DM); CHS, Inc., Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. APPLICATIONS 8. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2017 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 3, 2017, at 7 p.m. for Items 9 through 13: 9. New 2016-17 Package Malt Beverage License for Shopko Stores Operating Co LLC, Shopko #101, 4501 East Arrowhead Parkway (CUP not required). 10. Special One-Day Malt Beverage and Special One Day Wine Licenses for Sertoma Butterfly House & Marine Cove, 4320 South Oxbow Avenue, for a Chamber Mixer on February 21, 2017. 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th Street, for a fundraiser on February 4, 2017. 12. Special One-Day Off-Sale Package Wine License for Junior League of Sioux Falls to be operated at 4510 West 61st Street North for a fundraiser on February 10, 2017. 13. Special One-Day Liquor License for Avera McKennan Foundation to be operated at Avera Prairie Center, 1000 East 23rd Street, for the Big Grape fundraiser on April 7, 2017. Set a date of hearing for Tuesday, January 17, 2017, at 7 p.m. for Item 14: 14. A PROPOSED RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE SOUTH RIGHT OF WAY LINE OF EAST 24TH STREET TO THE NORTH RIGHT-OF-WAY LINE OF EAST 26TH STREET, LYING BETWEEN SOUTH CLIFF AVENUE AND SOUTH 10TH AVENUE 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, Marshall Selberg, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7. Noes, 0. Motion Passed. PUBLIC INPUT Robert Kolbe spoke about the electoral process and patriotism. David Zokaites spoke about public speaking. Selmen Barwari spoke about snow removal. Lynette Buckmiller spoke about a proposed rezone. Jesse Buckmiller spoke about a proposed rezone. Matt Klenchman spoke about a proposed rezone. Tim Stanga spoke about party identification. Bruce Danielson spoke about video recording devices and snow drifts. UNFINISHED BUSINESS 15. New 2017 Retail Wine License for GL Management LLC, Great Life at Suburban Lanes, 2621 South Spring Avenue (CUP not required). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to approve Item 15. Vote to approve: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. 16. New 2016-17 Retail Malt Beverage License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st Street, Suite 105 (CUP not required). 17. New 2017 Retail Wine License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st Street, Suite 105 (CUP not required). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to withdraw Items 16 and 17. Vote to withdraw: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Council Member Christine M. Erickson absented herself from the discussion and vote on Items 18 and 19. 18. Transfer of 2016 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from Loyal Order of the Moose, Moose Lodge, 1926 Burnside Street, to Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue (CUP not required). Pending final inspections per Fire, Health and Building Services. 19. Renewal of 2017 Retail Liquor License for Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue. Pending final inspections per Fire, Health and Building Services. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve items 18 and 19. Vote to approve: Roll Call: Yeses, (None), 0. Noes, Marshall Selberg, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7. Motion Failed. INTRODUCTION AND ADOPTION OF ORDINANCES 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 124: TRANSPORTATION SERVICES, SUBCHAPTER GENERAL PROVISIONS, SECTION 124.012, TRANSIT AND PARATRANSIT FARES TO PROVIDE YOUTH AN OPPORTUNITY TO RIDE FIXED ROUTE BUS SERVICE AT NO CHARGE EACH SUMMER. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adopt said Ordinance No. 116-16. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Rex Rolfing, 7. Noes, Greg Neitzert, 1. Motion Passed. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A MIDAMERICAN ENERGY COMPANY GAS EASEMENT. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 117-16. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, 7. Noes, 0. Motion Passed. Council Member Rick Kiley was absent for the vote. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Ordinance No. 118-16. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1900 N. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, PETITION NO. 5765-2016, AND AMENDING THE OFFICIAL ZONING MAP 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 Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 23. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2600 W. 57TH ST. FROM THE CN CONSERVATION DISTRICT TO THE C-2 COMMERCIAL NEIGHBORHOOD AND STREETCAR, AND LW LIVE-WORK DISTRICTS, PETITION NO. 5798-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 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, January 3, 2017, at 7 p.m. for Item 24. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 41ST ST. AND S. VETERANS PKWY. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR AND REC RECREATIONAL DISTRICTS TO THE, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND REC RECREATIONAL DISTRICTS, PETITION NO. 5878- 2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). A motion was made by Council Member Theresa Stehly and seconded by Council Member Greg Neitzert to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 25. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3201 S. NICANN CT. FROM THE CN CONSERVATION DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 5957 2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 26. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 601 N. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 5963-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 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, January 3, 2017, at 7 p.m. for Item 27. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF W. 85TH ST. AND S. BRETT AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 5996-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (6- 0). A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to remand Item 28 to the Planning Commission. Vote to remand: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1001 S. SERTOMA AVE. FROM THE O OFFICE DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 5997-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 29. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C- 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5829-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-1). 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, January 3, 2017, at 7 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Pat Starr, Michelle Erpenbach, Rick Kiley, Rex Rolfing, 4. Noes, Marshall Selberg, Theresa Stehly, Christine M. Erickson, Greg Neitzert, 4. Mayor Huether broke the tie by voting yes. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING 157.115 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO MINIMUM SUBDIVISION IMPROVEMENTS. Planning Commission recommends approval (6-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Pat Starr to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 31. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS AND APPENDIX C OF CHAPTER 157: SUBDIVISION CONSTRUCTION AGREEMENT. Planning Commission recommends approval (6-0). 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 Tuesday, January 3, 2017, at 7 p.m. for Item 32. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 33. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 125-16. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 125-16 A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. WHEREAS, the City has attempted by reasonable means to collect the outstanding accounts receivable on the below-listed accounts; and WHEREAS, the City considers the accounts outstanding for more than one year to be “uncollectible” for purposes of disclosing on the financial statements of the City; and WHEREAS, the City will continue efforts to collect such “uncollectible” debt; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it hereby authorizes the removal of the following accounts as uncollectible and authorizes the disclosure of the same on the annual financial reports: Customer No. Customer Name Invoice Number/Activity Amount 8021 Dan’s Garbage Service 11839 $ 131,180.47 — TSW Enterprises Water 3,916.25 TSW Enterprises Electricity 9,027.87 CH467/HH467 Christine Senkle Sheriff’s sale 08/2014 5,872.91 NC955 Penny Kautz Bankruptcy 9,003.42 WF366 Jack Pettis Sheriff’s sale 05/2009 19,704.69 WF363 Mark McConnell House sold 09/2008 at less 13,875.52 than loan value Date adopted: 12/20/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 34. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT 14, AND A PERMANENT UTILITY EASEMENT LOCATED IN LOT 12, ALL IN BLOCK 6 OF AUBURN HILLS ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 126-16. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 126-16 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT 14, AND A PERMANENT UTILITY EASEMENT LOCATED IN LOT 12, ALL IN BLOCK 6 OF AUBURN HILLS ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement areas 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. WHEREAS, the permanent utility easements were established by plats and filed in Book S of Plats on page 119 in the office of the Register of Deeds for Lincoln County, SD on December 10, 1999 and Book T of Plats on page 111 in the office of the Register of Deeds for Lincoln County, SD on October 19, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement areas, as shown on attached Exhibit A, and affecting the real property described as Lots 12 & 14, Block 6 of Auburn Hills Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 12/20/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 7, 2017, TO MONDAY, FEBRUARY 6, 2017. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Resolution No. 127-16. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 127-16 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 7, 2017, TO MONDAY, FEBRUARY 6, 2017. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday, February 7, 2017, will be rescheduled to 7 p.m., on Monday, February 6, 2017. This resolution is necessary as February 7, 2017, is the date of travel for City Council Members and the start of events for the 2017 Municipal Government Day at the state legislature in Pierre, SD. Date adopted: 12/20/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adjourn the meeting at 9:10 p.m. Mayor Huether called for a voice vote and 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. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, December 20, 2016 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION ● Dr. Ron Tottingham, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, December 13, 2016, at 4 p.m. ● City Council Meeting of Tuesday, December 13, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 16, 2016, memo. 2. Approval of the notice of change orders on the December 16, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: December 6, 2016; 70/30 Dyed Diesel; 1,000 Gallons; Howes Oil ($2.009); Midwest Oil ($1.770); Midway Service ($1.766). Bid awarded to: Midway Service. 4. Report of Requests for Quotes for Fuel dated: December 7, 2016; Unleaded Ethanol & #1 Dyed Diesel; 3,000 Gallons Unleaded and 5,000 Gallons #1 Dyed Diesel; Cole's Petroleum ($1.7123 Unleaded/$1.6972 #1); Midway Service ($1.7120 Unleaded/$1.7378 #1); Stern Oil ($1.8340 Unleaded/$1.5495 #1); Harms Oil ($1.7712 Unleaded/$1.7792 #1); CHS, Inc., Howes Oil, and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 5. Report of Requests for Quotes for Fuel dated: December 12, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.7325); Harms Oil ($1.7698); Stern Oil ($1.8000); CHS, Inc., Cole's Petroleum, Howes Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 6. Report of Requests for Quotes for Fuel dated: December 13, 2016; 50/50 Blend of Clear Diesel; 9,000 Gallons; Harms Oil ($2.2222 #1/$1.8647 #2); CHS, Inc., Howes Oil, Midwest Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: December 13, 2016; #1 and #2 Dyed Diesel; 7,500 Gallons (3,750 Gallons each); Stern Oil ($1.7499 #1 DM/$1.7499 #2 DM); Cole's Petroleum ($1.9225 #1 DM/$1.6580 #2 DM); Harms Oil ($1.9357 #1 DM/$1.6857 #2 DM); CHS, Inc., Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. APPLICATIONS 8. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2017 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 3, 2017, at 7 p.m. for Items 9 through 13: 9. New 2016-17 Package Malt Beverage License for Shopko Stores Operating Co LLC, Shopko #101, 4501 East Arrowhead Parkway (CUP not required). 10. Special One-Day Malt Beverage and Special One Day Wine Licenses for Sertoma Butterfly House & Marine Cove, 4320 South Oxbow Avenue, for a Chamber Mixer on February 21, 2017. 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th Street, for a fundraiser on February 4, 2017. 12. Special One-Day Off-Sale Package Wine License for Junior League of Sioux Falls to be operated at 4510 West 61st Street North for a fundraiser on February 10, 2017. 13. Special One-Day Liquor License for Avera McKennan Foundation to be operated at Avera Prairie Center, 1000 East 23rd Street, for the Big Grape fundraiser on April 7, 2017. Set a date of hearing for Tuesday, January 17, 2017, at 7 p.m. for Item 14: 14. A PROPOSED RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE SOUTH RIGHT OF WAY LINE OF EAST 24TH STREET TO THE NORTH RIGHT-OF-WAY LINE OF EAST 26TH STREET, LYING BETWEEN SOUTH CLIFF AVENUE AND SOUTH 10TH AVENUE REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 15. New 2017 Retail Wine License for GL Management LLC, Great Life at Suburban Lanes, 2621 South Spring Avenue (CUP not required). 16. New 2016-17 Retail Malt Beverage License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st Street, Suite 105 (CUP not required). 17. New 2017 Retail Wine License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st Street, Suite 105 (CUP not required). 18. Transfer of 2016 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from Loyal Order of the Moose, Moose Lodge, 1926 Burnside Street, to Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue (CUP not required). Pending final inspections per Fire, Health and Building Services. 19. Renewal of 2017 Retail Liquor License for Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue. Pending final inspections per Fire, Health and Building Services. INTRODUCTION AND ADOPTION OF ORDINANCES 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 124: TRANSPORTATION SERVICES, SUBCHAPTER GENERAL PROVISIONS, SECTION 124.012, TRANSIT AND PARATRANSIT FARES TO PROVIDE YOUTH AN OPPORTUNITY TO RIDE FIXED ROUTE BUS SERVICE AT NO CHARGE EACH SUMMER. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A MIDAMERICAN ENERGY COMPANY GAS EASEMENT. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1900 N. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, PETITION NO. 5765-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2600 W. 57TH ST. FROM THE CN CONSERVATION DISTRICT TO THE C-2 COMMERCIAL NEIGHBORHOOD AND STREETCAR, AND LW LIVE-WORK DISTRICTS, PETITION NO. 5798-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 41ST ST. AND S. VETERANS PKWY. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR AND REC RECREATIONAL DISTRICTS TO THE, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND REC RECREATIONAL DISTRICTS, PETITION NO. 5878- 2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3201 S. NICANN CT. FROM THE CN CONSERVATION DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 5957 2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 601 N. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 5963-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF W. 85TH ST. AND S. BRETT AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 5996-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (6- 0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1001 S. SERTOMA AVE. FROM THE O OFFICE DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 5997-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C- 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5829-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING 157.115 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO MINIMUM SUBDIVISION IMPROVEMENTS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS AND APPENDIX C OF CHAPTER 157: SUBDIVISION CONSTRUCTION AGREEMENT. Planning Commission recommends approval (6-0). HEARINGS AND RESOLUTIONS 33. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. 34. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT 14, AND A PERMANENT UTILITY EASEMENT LOCATED IN LOT 12, ALL IN BLOCK 6 OF AUBURN HILLS ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. 35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 7, 2017, TO MONDAY, FEBRUARY 6, 2017. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE The City Council may include other such business as may come before this body. ADJOURNMENT 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. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

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