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City Council Meeting

Regular Meeting

Sioux Falls, SD · January 17, 2017

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Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, January 17, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Christine M. Erickson Council Member Rick Kiley Council Member Michelle Erpenbach 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  Pastor Bob Chell, St. Dysmas of South Dakota PLEDGE OF ALLEGIANCE RECOGNITION/AWARDS  Kimberly Schroeder, Internal Audit Manager CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Marshall Selberg to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, January 10, 2017, at 4 p.m.  City Council Meeting of Tuesday, January 10, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the January 13, 2017, memo. 2. A memorandum dated December 31, 2016, declaring surplus property. 3. Report of Requests for Quotes for Fuel dated: January 4, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Howes Oil ($1.8860); Midway Service ($1.8890); Cole's Petroleum ($1.8980); Harms Oil ($1.9014); Stern Oil ($1.9468); CHS, Inc., ($1.9543); Olson Oil, no bid. Bid Awarded to: Howes Oil. 4. Report of Requests for Quotes for Fuel dated: January 6, 2017; #1 & #2 Dyed Diesel Fuel; 7,500 gallons (3,750 gallons each); Cole's Petroleum ($1.9690 #1 DM & $1.7297 #2 DM); Midway Service ($1.9645 #1 DM & $1.7450 #2 DM); Stern Oil ($1.9654 #1 DM & $1.7494 #2 DM); Harms Oil ($1.9618 #1 DM & $1.7610 #2 DM); CHS, Inc. ($2.0375 #1 DM & $1.7800 #2 DM); Howes Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum. 5. A communication was received from Steve Statz, Senior Vice President of Avera Health, requesting permission to consume, but not sell, wine and malt beverages at Avera Research, 3720 W. 69th St, on Wednesday, February 15, 2017, for a mixer hosting the South Dakota Biotech Association. 6. A communication was received from Logan Welch, Event Planner, Serendipitous Events, requesting permission to consume, but not sell, beer, wine and liquor at the Old Courthouse Museum, 200 W. 6th St, on Saturday, April 15, 2017, for a wedding dinner and reception. 7. A communication was received from Zon Tran, Vietnamese-American Association of Sioux Falls, requesting permission to consume, but not sell, liquor, wine, and malt beverages at the Center for Active Generations, 2300 W. 46th St., on Saturday, January 28, 2017, for the association's annual Lunar New Year celebration. APPLICATIONS 8. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for special events on February 23 and August 19, 2017. NOTICE OF HEARINGS Set a date of hearing for Monday, February 6, 2017, at 7 p.m. for Items 9 through 14: 9. New 2017 Retail Wine License for Golden Coin Casino Inc., Golden Coin Casino II, 3404 South Marion Road, with Conditional Use Permit (6046-2016) being approved on January 4, 2017. 10. New 2016-17 Retail Malt Beverage License for Golden Coin Casino Inc., Golden Coin Casino II, 3404 South Marion Road, with Conditional Use Permit (6046- 2016) being approved on January 4, 2017. 11. Request to include video lottery terminals with the new 2016-17 Retail Malt Beverage License for Golden Coin Casino Inc., Golden Coin Casino II, 3404 South Marion Road. 12. Special One-Day Liquor License request for Sioux Falls State Theatre Company to be operated at the State Theatre, 316 South Phillips Avenue, for a fundraiser on February 26, 2017. 13. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PARKWAY, AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. 14. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON S. WESTERN AVE. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. PUBLIC INPUT Jay Masur spoke about ambulance services. Gary Bauer spoke about ambulance services. Bruce Danielson spoke about the Administration Building. Josh Keiser spoke about 49th Street from Oxbow Ave to Western Ave and jobs. Scott Ehrisman spoke about the Informational Meeting and roads. Sierra Broussard spoke about a recent crime and the Children's Inn. David Zokaites spoke about civil rights and civil liberties. Jeff Deyoung spoke about rezoning procedures. UNFINISHED BUSINESS 15. 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. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to approve Item 15. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY, BY REPEALING AND ADDING CHAPTER 91: FIRE PROTECTION AND PREVENTION, SECTION 91.016: MODIFICATOINS BY THE CITY TO THE 2015 INTERNATIONAL FIRE CODE. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 12-17. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to amend by adding the following sentence to 901.7, at the end of the third sentence, second paragraph, “unless otherwise stipulated in this subsection. Notwithstanding the previous sentence, the owner or responsible party will be billed at the rate of a Step 12 Fire Inspector if the owner or responsible party submits documentation to the Fire Marshal before March 1, 2017, confirming an event.” Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. A motion was made by Council Member Greg Neitzert and seconded by Council Member Theresa Stehly to amend by replacing, “the overtime rate not to exceed $125.00” with “$75” in Section 901.7. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, Rex Rolfing, 1. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. 17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTIONS 36.028, 36.029, 36.032, AND 36.033 OF CHAPTER 36: “FINANCES,” SUBCHAPTER: “PURCHASING.” A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 13-17. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 95: PARKS AND RECREATION, SUBCHAPTER PARK AND RECREATION BOARD, TO REQUIRE AUDIO OR VIDEO RECORDING OF PARKS AND RECREATION BOARD MEETINGS AND REQUIRING 48 HOURS PRIOR TO OFFICIAL ACTION. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to adopt said Ordinance No 14-17. A motion was made by Council Member Greg Neitzert and seconded by Council Member Theresa Stehly to amend by removing the words "or audio recorded" from Section 1. Vote to amend: Roll Call: Yeses, Greg Neitzert, Pat Starr, Theresa Stehly, 3. Noes, Christine M. Erickson, Michelle Erpenbach, Rex Rolfing, Marshall Selberg, 4. Motion Failed. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to amend by adding the following sentence, "A technological problem or failure which prevents the recording of a Park Board meeting or the posting of a recording on the City website shall not be a violation of this section, and will not preclude the holding of that meeting." Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, Greg Neitzert, 1. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 5. Noes, Michelle Erpenbach, Rex Rolfing, 2. Motion Passed. As of submission for publication, Ordinance No. 14-17 has not been signed by Mayor Mike T. Huether. Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item 19: 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3408 E. 10TH ST. FROM THE CN CONSERVATION AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE CN CONSERVATION AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, PETITION NO. 6033-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). 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 Monday, February 6, 2017, at 7 p.m. for Item 19. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item 20: 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SOUTHEAST CORNER OF W. 69TH ST. AND S. BEAL AVE. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION DISTRICTS TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION DISTRICTS, PETITION NO. 6038-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). 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 Monday, February 6, 2017, at 7 p.m. for Item 20. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF VACATED W. 23RD ST AND WEST OF S. MINNESOTA AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE LW LIVE-WORK DISTRICT, PETITION NO. 6095-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). 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 6, 2017, at 7 p.m. for Item 21. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 22. A 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 A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to adopt said Resolution No. 2-17. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. RESOLUTION NO. 2-17 A 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 WHEREAS, a petition of the owners of: S1/2 Lot 23 (Ex. E10'), Lots 24-25 (Ex. E10'), Lots 26-27, Lot 31 (Ex. S10'), Lots 32-37 Belmont Addition to Sioux Falls, Minnehaha County, SD Lots 28-29, Lot 30 (Ex. H-1) Belmont Addition to Sioux Falls, Minnehaha County, SD Lot 17, Lot 18 (Ex. E10' S15'), Lots 19-22 (Ex. E10'), N1/2 Lot 23 (Ex. E10'), Lots 38-44 Belmont Addition to Sioux Falls, Minnehaha County, SD WHEREAS, the hearing was held on January 17, 2017, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition hereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as an alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the alley right-of-way from the south right-of-way line of E. 24th St. to the north right-of-way line of E. 26th St., lying between S. Cliff Ave. and S. 10th Ave. as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon the first 10' south of E. 24th St. and the first 10' north of E. 26th St. of the vacated property as shown on Exhibit A for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 01/17/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 23. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (Maple Rock Addition--69th St. and Southeastern Ave.) A motion was made by Council Member Greg Neitzert and seconded by Council Member Marshall Selberg to adopt said Resolution No. 3-17. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. RESOLUTION NO. 3-17 ANNEXATION 6032-2016—Maple Rock Addition (69th St. and Southeastern Ave.) A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. 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 along S. Southeastern Ave. and provisions for municipal utilities with existing sewer once it is extended from the east and once water is extended from the north. 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. South 150' of the North 1,150' of Government Lot 2, in the NW1/4 of Section 18, T100N, R49W (ex. Lot H-1); and adjacent South Southeastern Avenue right-of-way; Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 01/17/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 24. A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. A motion was made by Council Member Pat Starr and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 5-17. A motion was made by Council Member Rex Rolfing to defer Item 24 to Monday, February 6, 2017, at 7 p.m. Motion died for lack of a second. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to amend by adding the words "or sell," after the words "without payment". Vote to amend: Roll Call: Yeses, Rex Rolfing, 1. Noes, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Motion Failed. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. As of submission for publication, Resolution No. 5-17 has not been signed by Mayor Mike T. Huether. RESOLUTION NO. 5-17 A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. WHEREAS, pursuant to SDCL Chapter 6-5, any political subdivision may convey and transfer any real property which is owned by it which is not held for public use or which is about to be abandoned for public purposes to a nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the nonprofit corporation to pay for the property; WHEREAS, the City owns the real property with legal description of: Lot 3, in Block 2, of Western Valley, an Addition to the City of Sioux Falls, Minnehaha County, SD (containing approximately 1.7 acres); and Tract 3 of Burlington Northern Santa Fe Addition to the City of Sioux Falls, Minnehaha County, SD (containing approximately 35,116 sq ft); As also shown on the attached Exhibit A Parcel Map, Nos. 01-22-32-326-003-000 and 01-22-32- 175-003-000, respectively, incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the real property with legal description of Lot 3, in Block 2, of Western Valley, an Addition to the City of Sioux Falls, Minnehaha County, SD (containing approximately 1.7 acres); and Tract 3 of Burlington Northern Santa Fe Addition to the City of Sioux Falls, Minnehaha County, SD (containing approximately 35,116 sq ft) is not held for public use or is about to be abandoned for public purposes; It is further resolved that it is deemed advisable and to the best interest of the public to gratuitously convey without payment all or a portion of the above-described real property to the Glory House of Sioux Falls, a South Dakota nonprofit corporation or another qualified South Dakota nonprofit corporation, subject to the condition that the real property be used for public, charitable, or humanitarian purposes and accommodation; It is further resolved that the City is hereby directed to convey and transfer all or a portion of the described herein real property to the Glory House of Sioux Falls, a South Dakota nonprofit corporation or another qualified South Dakota nonprofit corporation, consistent with the provisions of SDCL Chapters 6-5 and 6-13 and pursuant to Section 2.12(7) of the City Charter and approved Gift Agreement. Date adopted: 01/17/17 . Not signed as of submission for publication Mayor ATTEST: ____________ City Clerk 25. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Marshall Selberg to adopt said Resolution No. 4-17. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0. Motion Passed. RESOLUTION NO. 4-17 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 Paul Amundson Board of Health Reappointed for a term from January 2017 to January 2020. Rose Moehring Board of Health Reappointed for a term from January 2017 to January 2020. Linda Karnof Falls Community Health Reappointed for a term from January 2017 to Center Governing Board January 2020. David Dandar Main Street Business Appointed for a term from January 2017 to Improvement District Board January 2020 (to replace Loren Koepsell). Anne Haber Main Street Business Appointed for a term from January 2017 to Improvement District Board January 2020 (to replace Gary Gasper). Michael Havlovic Veterans’ Memorial Park Appointed for a term from January 2017 to Advisory Board January 2022 (to replace Gene Tornow). John Heisey Veterans’ Memorial Park Appointed for a term from January 2017 to Advisory Board January 2022 (to replace Robert Jamison). Date adopted: 01/17/17 . 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 at 9:15 p.m. Mayor Mike T. Huether 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. 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, January 17, 2017 at 7 PM ROLL CALL MEMBERS 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 ● Pastor Bob Chell, St. Dysmas of South Dakota PLEDGE OF ALLEGIANCE RECOGNITION/AWARDS ● Kimberly Schroeder, Internal Audit Manager CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, January 10, 2017, at 4 p.m. ● City Council Meeting of Tuesday, January 10, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the January 13, 2017, memo. 2. A memorandum dated December 31, 2016, declaring surplus property. 3. Report of Requests for Quotes for Fuel dated: January 4, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Howes Oil ($1.8860); Midway Service ($1.8890); Cole's Petroleum ($1.8980); Harms Oil ($1.9014); Stern Oil ($1.9468); CHS, Inc., ($1.9543); Olson Oil, no bid. Bid Awarded to: Howes Oil. 4. Report of Requests for Quotes for Fuel dated: January 6, 2017; #1 & #2 Dyed Diesel Fuel; 7,500 gallons (3,750 gallons each); Cole's Petroleum ($1.9690 #1 DM & $1.7297 #2 DM); Midway Service ($1.9645 #1 DM & $1.7450 #2 DM); Stern Oil ($1.9654 #1 DM & $1.7494 #2 DM); Harms Oil ($1.9618 #1 DM & $1.7610 #2 DM); CHS, Inc. ($2.0375 #1 DM & $1.7800 #2 DM); Howes Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum. 5. A communication was received from Steve Statz, Senior Vice President of Avera Health, requesting permission to consume, but not sell, wine and malt beverages at Avera Research, 3720 W. 69th St, on Wednesday, February 15, 2017, for a mixer hosting the South Dakota Biotech Association. 6. A communication was received from Logan Welch, Event Planner, Serendipitous Events, requesting permission to consume, but not sell, beer, wine and liquor at the Old Courthouse Museum, 200 W. 6th St, on Saturday, April 15, 2017, for a wedding dinner and reception. 7. A communication was received from Zon Tran, Vietnamese-American Association of Sioux Falls, requesting permission to consume, but not sell, liquor, wine, and malt beverages at the Center for Active Generations, 2300 W. 46th St., on Saturday, January 28, 2017, for the association's annual Lunar New Year celebration. APPLICATIONS 8. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for special events on February 23 and August 19, 2017. NOTICE OF HEARINGS Set a date of hearing for Monday, February 6, 2017, at 7 p.m. for Items 9 through 14: 9. New 2017 Retail Wine License for Golden Coin Casino Inc., Golden Coin Casino II, 3404 South Marion Road, with Conditional Use Permit (6046-2016) being approved on January 4, 2017. 10. New 2016-17 Retail Malt Beverage License for Golden Coin Casino Inc., Golden Coin Casino II, 3404 South Marion Road, with Conditional Use Permit (6046- 2016) being approved on January 4, 2017. 11. Request to include video lottery terminals with the new 2016-17 Retail Malt Beverage License for Golden Coin Casino Inc., Golden Coin Casino II, 3404 South Marion Road. 12. Special One-Day Liquor License request for Sioux Falls State Theatre Company to be operated at the State Theatre, 316 South Phillips Avenue, for a fundraiser on February 26, 2017. 13. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PARKWAY, AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. 14. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON S. WESTERN AVE. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 15. 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. INTRODUCTION AND ADOPTION OF ORDINANCES 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY, BY REPEALING AND ADDING CHAPTER 91: FIRE PROTECTION AND PREVENTION, SECTION 91.016: MODIFICATOINS BY THE CITY TO THE 2015 INTERNATIONAL FIRE CODE. 17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTIONS 36.028, 36.029, 36.032, AND 36.033 OF CHAPTER 36: “FINANCES,” SUBCHAPTER: “PURCHASING.” 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 95: PARKS AND RECREATION, SUBCHAPTER PARK AND RECREATION BOARD, TO REQUIRE AUDIO OR VIDEO RECORDING OF PARKS AND RECREATION BOARD MEETINGS AND REQUIRING 48 HOURS PRIOR TO OFFICIAL ACTION. Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item 19: 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3408 E. 10TH ST. FROM THE CN CONSERVATION AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE CN CONSERVATION AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, PETITION NO. 6033-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item 20: 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SOUTHEAST CORNER OF W. 69TH ST. AND S. BEAL AVE. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION DISTRICTS TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION DISTRICTS, PETITION NO. 6038-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF VACATED W. 23RD ST AND WEST OF S. MINNESOTA AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE LW LIVE-WORK DISTRICT, PETITION NO. 6095-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). HEARINGS AND RESOLUTIONS 22. A 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 23. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (Maple Rock Addition--69th St. and Southeastern Ave.) 24. A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. 25. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. 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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