City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, January 3, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Marshall Selberg Mayor Mike T. Huether INVOCATION  Pastor Allen Brummel, Heritage Protestant Reformed Church 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, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, December 20, 2016, at 4 p.m.  City Council Meeting of Tuesday, December 20, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 30, 2016, memo. 2. Approval of the notice of change orders on the December 30, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: December 15, 2016; #1 Dyed Diesel Fuel; 7,500 gallons; Stern Oil ($1.8847); Cole's Petroleum ($1.9440); Harms Oil, CHS, Inc., Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. 4. Report of Requests for Quotes for Fuel dated: December 19, 2016; #1 and #2 Dyed Diesel Fuel; 11,250 gallons #1 and 11,250 #2 (22,500 total); Harms Oil ($1.9102 #1 and $1.6877 #2); Stern Oil ($1.9135 #1 and $1.6868 #2); Stern Oil ($1.9804 #1 and $1.7034 #2); CHS, Inc., Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to Harms Oil. 5. Report of Requests for Quotes for Fuel dated: December 19, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Cole's Petroleum ($1.7325); Harms Oil 9$1.7698); Midway Service ($1.8000); Stern Oil, CHS, Inc., Howes Oil, Olson Oil, all no bid. Bid awarded to Cole's Petroleum. 6. Report of Requests for Quotes for Fuel dated: December 21, 2016; Unleaded Ethanol; 6,655 gallons; Midway Service ($2.0475); Stern Oil ($2.1300); Howes Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 7. Report of Requests for Quotes for Fuel dated: December 21, 2016; Clear Diesel #1; 203 gallons; Midway Service ($2.2725); Stern Oil ($2.3239); Howes Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 8. Report of Requests for Quotes for Fuel dated: December 21, 2016; Clear Diesel #2; 203 gallons; Midway Service ($2.0080); Stern Oil ($2.0839); Howes Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 9. Report of Requests for Quotes for Fuel dated: December 23, 2016; #1 and #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 #2 (7,500 total); Stern Oil ($1.9829 #1 and $1.7492 #2); Harms Oil ($2.0322 #1 and $1.7512 #2); Cole's Petroleum, CHS, Inc., Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. 10. Report of Requests for Quotes for Fuel dated: December 23, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; CHS, Inc. ($1.9130); Stern Oil ($1.9292); Harms Oil ($1.9184); Midway Service, Cole's Petroleum, Howes Oil, and Olson Oil, all no bid. Bid awarded to: CHS, Inc. 11. Report of Requests for Quotes for Fuel dated: December 27, 2016; 50/50 Blend of  Clear Diesel; 9,000 gallons; Harms Oil ($2.3526 #1 and $2.0776 #2); CHS, Inc., Howe's Oil, and Midwest Oil, all no bid. Bid awarded to: Harms Oil. NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 17, 2017, at 7 p.m. for Item 12: 12. Special One-Day Malt Beverage License for Downtown Sioux Falls Inc., to be operated at the State Theatre, 316 South Phillips Avenue on February 3, 2017 for a First Friday event. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. PUBLIC INPUT John Matthius spoke about city building permits. David Zokaites spoke about Christmas. Kermit Staggers spoke about the City Council's authority, city boards, and transparency. Bruce Danielson spoke about a water break and the Events Center. Sierra Broussard spoke about crime and elections. UNFINISHED BUSINESS 13. New 2016-17 Package Malt Beverage License for Shopko Stores Operating Co LLC, Shopko #101, 4501 East Arrowhead Parkway (CUP not required). 14. 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. 15. 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. 16. 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. 17. 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. A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to approve Items 13 through 17. Vote to approve: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 18. Deferred from the City Council Meetings on November 1, 2016, and December 6, 2016: 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1200 E. 3RD ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE C-3 COMMERCIAL— COMMUNITY DISTRICT, PETITION NO. 5397-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (4-3). A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to remand Item 18 to the Planning Commission. Vote to remand: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 19. 2nd 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 Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 1-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson,  Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 20. 2nd 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 Christine M. Erickson and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 2-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 21. 2nd 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 Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 3-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 22. 2nd 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 Greg Neitzert and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 4-17.  Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 23. 2nd 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 Marshall Selberg and seconded by Council Member Pat Starr to adopt said Ordinance No. 5-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 24. 2nd 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 Theresa Stehly to adopt said Ordinance No. 6-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 25. 2nd 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 Rick Kiley and seconded by Council Member Michelle Erpenbach to adopt Item 25.  A motion was made by Council Member Rex Rolfing to amend by adding the following stipulations: get an alternative site plan approved by the planning commission for a buffer yard, include residential shingles on the north buildings, and add a six foot residential style fence. Motion dies for lack of a second. Vote to adopt: Roll Call: Yeses, Pat Starr, 1. Noes, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 7. Motion Fails. 26. 2nd 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 Rex Rolfing to adopt said Ordinance No. 7-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 27. 2nd 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 Marshall Selberg and seconded by Council Member Christine M. Erickson to adopt said Ordinance No. 8-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 10, 2017, at 7 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES BY ADDING CHAPTER 55, PRIVATELY OWNED BEST MANAGEMENT PRACTICES.  A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, January 10, 2017, at 7 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 10, 2017, at 7 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY TO PROVIDE FOR PERMIT AND INSPECTION FEES INTO ONE REFERENCED LOCATION. 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 10, 2017, at 7 p.m. for Item 29. Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 10, 2017, at 7 p.m. for Item 30. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY RELOCATING THE PLUMBING PROVISIONS FROM TITLE XI: BUSINESS REGULATIONS, CHAPTER 121: PLUMBING TO TITLE XV: LAND USAGE, CHAPTER 150: BUILDING, OF THE CODE OF ORDINANCES OF SIOUX FALLS, SD; AND ADOPTING THE 2015 UNIFORM PLUMBING CODE AND AMENDMENTS THERETO. 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, January 10, 2017, at 7 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed.  HEARINGS AND RESOLUTIONS 31. Deferred from the City Council Meeting on December 6, 2016: A RESOLUTION OF INTENT TO EXTEND THE BOUNDARIES OF THE CITY OF SIOUX FALLS. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to withdraw Item 31. Vote to withdraw: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. 32. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HIDDEN VALLEY STABLES ADDITION. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to adopt said Resolution No. 1-17. Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. RESOLUTION NO. 1-17 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HIDDEN VALLEY STABLES ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Hidden Valley Stables Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 01/03/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco 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)  33. REPORT OF THE DECEMBER 23, 2016, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS 34. MOTION TO PROVIDE ADVICE AND CONSENT FOR THE APPOINTMENT OF JODI FICK AS DIRECTOR OF SIOUXLAND LIBRARIES. A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to approve Item 34. Vote to approve: Roll Call: Yeses, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adjourn the meeting at 8:42 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. 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