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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 6, 2017

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Monday, February 6, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Christine M. Erickson Mayor Mike T. Huether INVOCATION  John Glasser, Direct Line Prayer Center PLEDGE OF ALLEGIANCE RECOGNITION/AWARDS  Cub Scout Pack 10, Holy Cross Lutheran Church CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, January 17, 2017, at 4 p.m.  City Council Meeting of Tuesday, January 17, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the February 3, 2017, memo. 2. Approval of the notice of change orders on the February 3, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: January 10, 2017; 50/50 Blend of Clear Diesel; 9,000 Gallons; CHS, Inc. ($2.267 #1 Clear Diesel/$2.01 #2 Clear Diesel); Harms Oil ($2.2318 #1 Clear Diesel/$2.0318 #2 Clear Diesel); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: January 11, 2017; Unleaded Ethanol/#1 Dyed Diesel & #2 Dyed Diesel; 2,500 Gallons Unleaded/2,750 Gallons #1 Diesel & 2,750 Gallons #2 Diesel; Harms Oil ($1.8421 Unleaded/$1.8418 #1 Diesel/$1.6668 #2 Diesel); Cole's Petroleum ($1.8507 Unleaded/$1.8753 #1 Diesel/$1.6738 #2 Diesel); Midway Service ($1.8640 Unleaded/$1.8795 #1 Diesel/$1.6710 #2 Diesel; Stern Oil ($1.9176 Unleaded/$1.8904 #1 Diesel/$1.6919 #2 Diesel); Howes Oil ($1.8860 Unleaded/$1.9065 #1 Diesel/$1.7065 #2 Diesel); CHS, Inc. ($1.8950 Unleaded/$1.9675 #1 Diesel/$1.7100 #2 Diesel); Olson Oil, no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: January 17, 2017; #1 & #2 Dyed Diesel Fuel; 3,750 Gallons #1 & 3,750 Gallons #2 (7,500 Gallons); Harms Oil ($1.8513 #1 & $1.6763 #2); Stern Oil ($1.8600 #1 & $1.7290 #2); Cole's Petroleum ($1.8810 #1 & $1.7085 #2); Howes Oil ($1.9000 #1 & $1.7085 #2); CHS, Inc., Midway Service and Olson Oil, all no bid. Bid awarded to: Harms Oil. 6. Report of Requests for Quotes for Fuel dated: January 17, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Harms Oil ($1.9102); Howes Oil ($1.9180); Cole's Petroleum ($1.9240); Stern Oil ($1.9691); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: January 23, 2017; Unleaded Ethanol & #1 Dyed Diesel; 5,500 Gallons Unleaded & 2,500 Gallons #1 Dyed Diesel; Howes Oil ($1.8345 Unleaded/$1.8750 #1 Diesel); Midway Service ($1.8530 Unleaded/$1.8485 #1 Diesel); Harms Oil ($1.8600 Unleaded/$1.8900 #1 Diesel); Stern Oil ($1.8907 Unleaded/$1.8729 #1 Diesel); CHS, Inc. ($1.9050 Unleaded/$1.9538 #1 Diesel); Cole's Petroleum and Olson Oil, both no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: January 23, 2017; Unleaded Ethanol; 687 Gallons; Howes Oil ($2.0940); Cole's Petroleum ($2.1300); Midway Service and Stern Oil, both no bid. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated: January 23, 2017; Clear Diesel #1; 508 Gallons; Howes Oil ($2.2340); Cole's Petroleum ($2.2900); Midway Service and Stern Oil, both no bid. Bid awarded to: Howes Oil. 10. Report of Requests for Quotes for Fuel dated: January 23, 2017; Clear Diesel #2; 508 Gallons; Howes Oil ($2.0440); Cole's Petroleum ($2.0900); Midway Service and Stern Oil, both no bid. Bid awarded to: Howes Oil. 11. Report of Requests for Quotes for Fuel dated: January 26, 2017; #1 & #2 Dyed Diesel Fuel; 7,500 Gallons #1 & 7,500 Gallons #2 (15,000 Gallons); Harms Oil ($1.8353 #1 & $1.6878 #2); CHS, Inc. ($1.8700 #1 & $1.7030 #2); Stern Oil ($1.8887 #1 & $1.6987 #2); Cole's Petroleum ($1.8977 #1 & $1.6949 #2); Howes Oil, Midway Service and Olson Oil, all no bid. Bid awarded to: Harms Oil. 12. Report of Requests for Quotes for Fuel dated: January 26, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.8210); Harms Oil ($1.8312); Stern Oil ($1.8381); Cole's Petroleum ($1.8383); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Midway Service. 13. Report of Requests for Quotes for Fuel dated: January 26, 2017; 50/50 Blend of Clear Diesel; 7,500 Gallons; CHS, Inc. ($1.975 #1 Clear Diesel/$2.145 #2 Clear Diesel); Harms Oil ($1.9943 #1 Clear Diesel/$2.1518 #2 Clear Diesel); Howes Oil and Midwest Oil, both no bid. Bid awarded to: CHS, Inc. 14. A communication was received from Crystal Lail, requesting permission to consume, but not sell, liquor, beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Saturday, March 18, 2017, for a wedding reception. 15. A communication was received from the South Dakota State Historical Society requesting permission to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on Friday, April 28, 2017, for a conference reception. APPLICATIONS 16. Special One-Day Liquor License request for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for a wedding reception on July 29, 2017. NOTICE OF HEARINGS Set a date of hearing for Tuesday, February 21, 2017, at 7 p.m. for Items 17 through Item 31: 17. New 2017 Retail Wine License for Posh Nails Spa LLC, Posh Nail Bar & Spa, 7750 Dakota Hawk Avenue (CUP not required). 18. Transfer of 2016-17 Retail Malt Beverage License from The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2316-2318 South Louise Avenue, to The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106. 19. Transfer of 2017 Package Liquor License from The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2316-2318 South Louise Avenue, to The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106. 20. Transfer of 2017 Retail Wine License from The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2316-2318 South Louise Avenue, to The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106. 21. Transfer of 2016-17 Package Malt Beverage License from Coles Petroleum Products Inc., Kota Korner, 900 North Sycamore Avenue, to Trivedi Oil LLC, Kota Korner, 900 North Sycamore Avenue. 22. Transfer of 2017 Package Liquor License from Coles Petroleum Products Inc., Kota Korner, 900 North Sycamore Avenue, to Trivedi Oil LLC, Kota Korner, 900 North Sycamore Avenue. 23. Transfer of 2017 Retail Liquor License, including Sunday sales certificate, from IJK Inc, Stogeez Cigar Lounge, 215 South Phillips Avenue, to IJK Inc., Stogeez Cigar Lounge, 201 East 11th Street, to be effective March 1, 2017. 24. Special One-Day Malt Beverage and Special One-Day Wine License for Stockyards Plaza Inc., to be operated at the Falls Park Horse Barn, 309 East Falls Park Drive, for a Chamber event on March 1, 2017. 25. Special One-Day Wine License for Sioux Empire Safety Village to be operated at Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on March 2, 2017. 26. Special One-Day Package Off-Sale Wine license for Rotary Club of Sioux Falls West to be operated at 4712 Alpine Circle, for a Sioux Falls CASA fundraiser on March 4, 2017. 27. Special One-Day Liquor License for IJK, Inc., Stogeez Cigar Lounge to be operated at 215 South Phillips Avenue, for a fundraiser on March 18, 2017. 28. Special One-Day Wine License for Senior Citizens Services Inc., Active Generations, 2300 West 46th Street, for the Festival of Tables fundraiser on March 23, 2017. 29. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizens Services Inc., Active Generations, 2300 West 46th Street, for the Gourmet Guys fundraiser on April 30, 2017. 30. Special One-Day Malt Beverage License for Sisters of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for a Caminando Juntos fundraiser on May 13, 2017. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Jazz and Blues Society to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for JazzFest on July 13, 14, 15, 2017. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. PUBLIC INPUT Jeff Deyoung spoke about his experiences with City employees. Tim Stanga spoke about a recent Planning Commission Meeting. Jim Mitchell spoke about snow gates. Annette Mahone, with the South Dakota African American History Museum, invited the City Council and public to attend the L.B. "Bud" Williams Humanitarian Award banquet. Tommy Schmitz provided additional information regarding the Collective Bargaining process. RJ Burchatz spoke regarding pedestrian safety around the East Bank. UNFINISHED BUSINESS 32. 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. Pending final inspections per Fire, Health and Building Services. 33. 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. Pending final inspections per Fire, Health and Building Services. 34. 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. Pending final inspections per Fire, Health and Building Services. 35. 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. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve Items 32 through 35. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 36. Sustain or override the Mayor's veto of Ordinance 14-17: 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 approve said Ordinance 14-17. Vote to approve: Roll Call: Yeses, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 5. Noes, Michelle Erpenbach, Rick Kiley, Rex Rolfing, 3. Motion Failed. INTRODUCTION AND ADOPTION OF ORDINANCES 37. 2nd 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 Pat Starr and seconded by Council Member Marshall Selberg to adopt said Ordinance No. 15-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 38. 2nd 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 Greg Neitzert and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 16-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 39. 2nd 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 Marshall Selberg to adopt said Ordinance No. 17-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 40. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PARKWAY, AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Theresa Stehly and seconded by Council Member Greg Neitzert to defer to the City Council Meeting on Tuesday, March 21, 2017. A substitute motion was made by Council Member Pat Starr and seconded by Council Member Christine M. Erickson to continue the hearing at the City Council Meeting on Tuesday, March 21, 2017. Vote to continue: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 41. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON S. WESTERN AVE. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to continue the hearing at the City Council Meeting on Tuesday, March 21, 2017. Vote to continue: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 42. A RESOLUTION APPROVING A REVISED JOINT COOPERATIVE AGREEMENT ESTABLISHING THE SOUTH EASTERN COUNCIL OF GOVERNMENTS. A motion was made by Council Member Greg Neitzert and seconded by Council Member Rex Rolfing to adopt said Resolution No. 6-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 6-17 A RESOLUTION APPROVING A REVISED JOINT COOPERATIVE AGREEMENT ESTABLISHING THE SOUTH EASTERN COUNCIL OF GOVERNMENTS. WHEREAS, in 1970, South Dakota Governor Frank Farrar signed an executive order creating six planning and development districts in South Dakota; WHEREAS, the South Eastern Council of Governments (SECOG) was created when local officials in the area exercised their authority under the “Joint Exercise of Governmental Powers” (SDCL 1-24); WHEREAS, SECOG serves Clay, Lincoln, McCook, Minnehaha, Turner, and Union Counties as well as the municipalities located within those counties in southeastern South Dakota; WHEREAS, SECOG was created as a means whereby counties and cities and other public and private organizations within them may cooperate with one another to improve the health, safety, and general welfare of the citizens of the region; WHEREAS, SECOG promotes regional cooperation and the economical delivery of services and has been providing technical assistance to local governmental entities for more than 45 years; and WHEREAS, SECOG’s executive board has determined that the existing Joint Cooperative Agreement entered into in 2010 should be revised; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD, THAT: 1. The City of Sioux Falls hereby approves the document titled “South Eastern Council of Governments Joint Cooperative Agreement” among Clay, Lincoln, McCook, Minnehaha, Turner, and Union Counties and the cities of Brandon, Harrisburg, Sioux Falls, and Vermillion. 2. The agreement, containing revisions to the existing 2010 Joint Cooperative Agreement, is attached to and hereby made a part of this resolution. Date adopted: 2/06/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 43. A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN LOTS 1 THROUGH 12 IN BLOCK 23, MCCLELLAN’S ADDITION TO WEST SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Pat Starr to adopt said Resolution No. 7-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 7-17 A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN LOTS 1 THROUGH 12 IN BLOCK 23, MCCLELLAN’S ADDITION TO WEST SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent 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; and WHEREAS, the permanent utility easement in, over, and upon vacated alley abutting Lots 1 through 12 in Block 23 of McClellan’s Addition to West Sioux Falls, was reserved by City Resolution and filed in Book 252 of Miscellaneous on page 996 in the office of the Register of Deeds for Minnehaha County, SD, on January 6, 2006; and WHEREAS, the permanent utility easements over, under, and upon Lots 7 & 8, and Lots 9 & 10, all in Block 23 of McClellan’s Addition to West Sioux Falls, were established by Easements and filed in Book 252 of Miscellaneous on Pages 947 & 946 in the office of the Register of Deeds for Minnehaha County, SD, on December 30, 2005. 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 1 through 12 in Block 23 of McClellan’s Addition to West Sioux Falls, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 2/06/17. 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) 44. REPORT OF THE JANUARY 27, 2017, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to adjourn at 8:46 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. Denise D. Tucker, 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. 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 REGULAR MEETING OF Monday, February 6, 2017 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT 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 Council Member Christine M. Erickson Mayor Mike T. Huether INVOCATION ● John Glasser, Direct Line Prayer Center PLEDGE OF ALLEGIANCE RECOGNITION/AWARDS ● Cub Scout Pack 10, Holy Cross Lutheran Church CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, January 17, 2017, at 4 p.m. ● City Council Meeting of Tuesday, January 17, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the February 3, 2017, memo. 2. Approval of the notice of change orders on the February 3, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: January 10, 2017; 50/50 Blend of Clear Diesel; 9,000 Gallons; CHS, Inc. ($2.267 #1 Clear Diesel/$2.01 #2 Clear Diesel); Harms Oil ($2.2318 #1 Clear Diesel/$2.0318 #2 Clear Diesel); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: January 11, 2017; Unleaded Ethanol/#1 Dyed Diesel & #2 Dyed Diesel; 2,500 Gallons Unleaded/2,750 Gallons #1 Diesel & 2,750 Gallons #2 Diesel; Harms Oil ($1.8421 Unleaded/$1.8418 #1 Diesel/$1.6668 #2 Diesel); Cole's Petroleum ($1.8507 Unleaded/$1.8753 #1 Diesel/$1.6738 #2 Diesel); Midway Service ($1.8640 Unleaded/$1.8795 #1 Diesel/$1.6710 #2 Diesel; Stern Oil ($1.9176 Unleaded/$1.8904 #1 Diesel/$1.6919 #2 Diesel); Howes Oil ($1.8860 Unleaded/$1.9065 #1 Diesel/$1.7065 #2 Diesel); CHS, Inc. ($1.8950 Unleaded/$1.9675 #1 Diesel/$1.7100 #2 Diesel); Olson Oil, no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: January 17, 2017; #1 & #2 Dyed Diesel Fuel; 3,750 Gallons #1 & 3,750 Gallons #2 (7,500 Gallons); Harms Oil ($1.8513 #1 & $1.6763 #2); Stern Oil ($1.8600 #1 & $1.7290 #2); Cole's Petroleum ($1.8810 #1 & $1.7085 #2); Howes Oil ($1.9000 #1 & $1.7085 #2); CHS, Inc., Midway Service and Olson Oil, all no bid. Bid awarded to: Harms Oil. 6. Report of Requests for Quotes for Fuel dated: January 17, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Harms Oil ($1.9102); Howes Oil ($1.9180); Cole's Petroleum ($1.9240); Stern Oil ($1.9691); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: January 23, 2017; Unleaded Ethanol & #1 Dyed Diesel; 5,500 Gallons Unleaded & 2,500 Gallons #1 Dyed Diesel; Howes Oil ($1.8345 Unleaded/$1.8750 #1 Diesel); Midway Service ($1.8530 Unleaded/$1.8485 #1 Diesel); Harms Oil ($1.8600 Unleaded/$1.8900 #1 Diesel); Stern Oil ($1.8907 Unleaded/$1.8729 #1 Diesel); CHS, Inc. ($1.9050 Unleaded/$1.9538 #1 Diesel); Cole's Petroleum and Olson Oil, both no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: January 23, 2017; Unleaded Ethanol; 687 Gallons; Howes Oil ($2.0940); Cole's Petroleum ($2.1300); Midway Service and Stern Oil, both no bid. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated: January 23, 2017; Clear Diesel #1; 508 Gallons; Howes Oil ($2.2340); Cole's Petroleum ($2.2900); Midway Service and Stern Oil, both no bid. Bid awarded to: Howes Oil. 10. Report of Requests for Quotes for Fuel dated: January 23, 2017; Clear Diesel #2; 508 Gallons; Howes Oil ($2.0440); Cole's Petroleum ($2.0900); Midway Service and Stern Oil, both no bid. Bid awarded to: Howes Oil. 11. Report of Requests for Quotes for Fuel dated: January 26, 2017; #1 & #2 Dyed Diesel Fuel; 7,500 Gallons #1 & 7,500 Gallons #2 (15,000 Gallons); Harms Oil ($1.8353 #1 & $1.6878 #2); CHS, Inc. ($1.8700 #1 & $1.7030 #2); Stern Oil ($1.8887 #1 & $1.6987 #2); Cole's Petroleum ($1.8977 #1 & $1.6949 #2); Howes Oil, Midway Service and Olson Oil, all no bid. Bid awarded to: Harms Oil. 12. Report of Requests for Quotes for Fuel dated: January 26, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.8210); Harms Oil ($1.8312); Stern Oil ($1.8381); Cole's Petroleum ($1.8383); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Midway Service. 13. Report of Requests for Quotes for Fuel dated: January 26, 2017; 50/50 Blend of Clear Diesel; 7,500 Gallons; CHS, Inc. ($1.975 #1 Clear Diesel/$2.145 #2 Clear Diesel); Harms Oil ($1.9943 #1 Clear Diesel/$2.1518 #2 Clear Diesel); Howes Oil and Midwest Oil, both no bid. Bid awarded to: CHS, Inc. 14. A communication was received from Crystal Lail, requesting permission to consume, but not sell, liquor, beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Saturday, March 18, 2017, for a wedding reception. 15. A communication was received from the South Dakota State Historical Society requesting permission to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on Friday, April 28, 2017, for a conference reception. APPLICATIONS 16. Special One-Day Liquor License request for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for a wedding reception on July 29, 2017. NOTICE OF HEARINGS Set a date of hearing for Tuesday, February 21, 2017, at 7 p.m. for Items 17 through Item 31: 17. New 2017 Retail Wine License for Posh Nails Spa LLC, Posh Nail Bar & Spa, 7750 Dakota Hawk Avenue (CUP not required). 18. Transfer of 2016-17 Retail Malt Beverage License from The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2316-2318 South Louise Avenue, to The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106. 19. Transfer of 2017 Package Liquor License from The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2316-2318 South Louise Avenue, to The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106. 20. Transfer of 2017 Retail Wine License from The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2316-2318 South Louise Avenue, to The Little Cellar Wine Company LLC, The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106. 21. Transfer of 2016-17 Package Malt Beverage License from Coles Petroleum Products Inc., Kota Korner, 900 North Sycamore Avenue, to Trivedi Oil LLC, Kota Korner, 900 North Sycamore Avenue. 22. Transfer of 2017 Package Liquor License from Coles Petroleum Products Inc., Kota Korner, 900 North Sycamore Avenue, to Trivedi Oil LLC, Kota Korner, 900 North Sycamore Avenue. 23. Transfer of 2017 Retail Liquor License, including Sunday sales certificate, from IJK Inc, Stogeez Cigar Lounge, 215 South Phillips Avenue, to IJK Inc., Stogeez Cigar Lounge, 201 East 11th Street, to be effective March 1, 2017. 24. Special One-Day Malt Beverage and Special One-Day Wine License for Stockyards Plaza Inc., to be operated at the Falls Park Horse Barn, 309 East Falls Park Drive, for a Chamber event on March 1, 2017. 25. Special One-Day Wine License for Sioux Empire Safety Village to be operated at Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on March 2, 2017. 26. Special One-Day Package Off-Sale Wine license for Rotary Club of Sioux Falls West to be operated at 4712 Alpine Circle, for a Sioux Falls CASA fundraiser on March 4, 2017. 27. Special One-Day Liquor License for IJK, Inc., Stogeez Cigar Lounge to be operated at 215 South Phillips Avenue, for a fundraiser on March 18, 2017. 28. Special One-Day Wine License for Senior Citizens Services Inc., Active Generations, 2300 West 46th Street, for the Festival of Tables fundraiser on March 23, 2017. 29. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizens Services Inc., Active Generations, 2300 West 46th Street, for the Gourmet Guys fundraiser on April 30, 2017. 30. Special One-Day Malt Beverage License for Sisters of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for a Caminando Juntos fundraiser on May 13, 2017. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Jazz and Blues Society to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for JazzFest on July 13, 14, 15, 2017. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 32. 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. Pending final inspections per Fire, Health and Building Services. 33. 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. Pending final inspections per Fire, Health and Building Services. 34. 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. Pending final inspections per Fire, Health and Building Services. 35. 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. 36. Sustain or override the Mayor's veto of Ordinance 14-17: 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. Action taken at the City Council Meeting on Tuesday, January 17, 2017: 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. Pursuant to the City Charter, Section 3.04, Mayor Mike T. Huether vetoed said Ordinance No. 14-17. INTRODUCTION AND ADOPTION OF ORDINANCES 37. 2nd 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). 38. 2nd 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). 39. 2nd 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 40. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PARKWAY, AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. 41. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON S. WESTERN AVE. AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. 42. A RESOLUTION APPROVING A REVISED JOINT COOPERATIVE AGREEMENT ESTABLISHING THE SOUTH EASTERN COUNCIL OF GOVERNMENTS. 43. A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN LOTS 1 THROUGH 12 IN BLOCK 23, MCCLELLAN’S ADDITION TO WEST SIOUX FALLS, MINNEHAHA COUNTY, SD. 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) 44. REPORT OF THE JANUARY 27, 2017, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. 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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