City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, February 21, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Neitzert Mayor Mike T. Huether Council Member Rex Rolfing 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 INVOCATION  Pastor Phill Tague, The Ransom Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  World Kidney Day - March 9, 2017  Women in Construction Week - March 5-11, 2017 RECOGNITION/AWARDS  Boy Scout Troop 731, Holy Spirit Council Chair Rex Rolfing recognized Boy Scout Troop 731 and Cub Scout Pack 371 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA  A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, February 14, 2017, at 4 p.m.  City Council Meeting of Tuesday, February 14, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the February 17, 2017, memo. 2. Approval of the notice of change orders on the February 17, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: February 10, 2017; Unleaded Ethanol & E-85 (6,000 Gallons Unleaded; 2,500 Gallons E-85); Midway Service ($1.8755 Unleaded & $1.3710 E-85); Stern Oil ($2.0094 Unleaded & $1.6291 E- 85); CHS, Inc., Cole's Petroleum, Howes Oil, Harms Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. APPLICATIONS 4. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for special events on March 4, April 19, July 7 and July 15, 2017. 5. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Old Courthouse Museum, 200 West 6th Street, for a wedding on March 25, 2017. NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 7, 2017, at 7 p.m. for Items 6 and 7: 6. Special One-Day Malt Beverage License for Siouxland Heritage Museums, The Old Courthouse Museum to be operated at 200 West Sixth Street, for a St. Patrick’s Day Family Dance on March 17, 2017. 7. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. 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, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. PUBLIC INPUT Bruce Danielson spoke about ADA accessibility on sidewalks. Tim Stanga spoke about parking with regard to Item 27 on the Regular Agenda. Steven Siano spoke about access to City and V.A. health services. Carol Flower spoke about addressing issues to and by the Council. Nathan Shower spoke about the proposed rezone at 4209 W. 85th St. by expressing his opposition to it and providing a summary of the area and actions taken to date. Amy McCuen spoke about the proposed rezone at 4209 W. 85th St. by expressing her opposition to it because of potential financial impacts to her home. Angie McCaffey spoke about the proposed rezone at 4209 W. 85th St. by expressing her opposition to it because of the the proposed apartment's close proximity to her home and impacts on house values. Matt Edwards spoke about the proposed rezone at 4209 W. 85th St. by expressing his opposition to it because of parking and traffic impacts. Vicki Reiff spoke about the proposed rezone at 4209 W. 85th St. by expressing her opposition to it and explaining opinions of residents in similarly-zoned areas. Jeff Nelson spoke about the proposed rezone at 4209 W. 85th St. by expressing support for it and sharing information about the housing market. Joan Franken spoke about the proposed rezone at 4209 W. 85th St. by expressing her support for it and explaining the reasons for the decision to submit the proposed rezone. Council Chair Rex Rolfing closed Public Input.  Council Member Theresa Stehly presented a Point of Order that the time for Public Input be continued. Council Chair Rex Rolfing denied the request. A motion was made by Council member Pat Starr and seconded by Council Member Theresa Stehly to appeal the decision of the Chair to discontinue Public Input. Vote appeal: Roll Call: Yeses, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, Christine Erickson, Michelle Erpenbach, Rick Kiley, 7. Noes, Rex Rolfing, 1. Motion Passed. Bonnie Mogen spoke about the proposed rezone at 4209 W. 85th St. by explaining a forthcoming neighborhood meeting to be hosted by Costello Companies. UNFINISHED BUSINESS 8. New 2017 Retail Wine License for Posh Nails Spa LLC, Posh Nail Bar & Spa, 7750 Dakota Hawk Avenue (CUP not required). Pending final inspections per Fire, Health and Building Services. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. Pending final inspections per Fire, Health and Building Services. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to approve Items 8 through 22. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to amend Item 14 by changing the effective date from March 1, 2017, to March 6, 2017. Vote to amend: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed.  Vote to approve, as amended: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 23. 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 REQUIRING 48 HOURS PRIOR TO OFFICIAL ACTION. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to adopt said Ordinance No. 18-17. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE AMENDED AND RESTATED WATER TANK LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND AT&T (57TH ST. ELEVATED WATER STORAGE TANK). A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 19-17. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4030 S. GRANGE AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE C-4 COMMERCIAL— REGIONAL DISTRICT, PETITION NO. 6216-2017, 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 Rick Kiley and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 25. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat  Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1500 & 1504 N. CLIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6183-2016, 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, March 7, 2017, at 7 p.m. for Item 26. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 27: 27. 1st 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-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5397-2016, 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 Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 27. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,  REZONING PROPERTY SOUTH OF W. 5TH ST., WEST OF N. VALLEY VIEW RD. AND EAST OF N. LA MESA DR. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 6214-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 215 E. 14TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL TRADITIONAL DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 6129- 2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 29. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4209 W. 85TH ST. 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. The Planning Commission motion to approve (with a condition that the south setback shall be a minimum of 40’) failed due to lack of a majority vote (3- 2).  A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Theresa Stehly to set a date of hearing and 2nd Reading for Tuesday, March 7, 2017, at 7 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 31. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adopt said Resolution No. 10-17. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 10-17 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the City of Sioux Falls intends to place a City-owned bronze sculpture known as “Sunday with Jessie” by artist Susan Geissler, New York, and selected by citizens as the 2015 SculptureWalk People’s Choice Award; and WHEREAS, the sculpture depicts a child and dog and measures approximately 32" in height, 13" in width, and 38" in length; and WHEREAS, the proposed site placement for the “Sunday with Jessie” sculpture be prominently displayed on a quartzite pedestal, located at 110 E. 11th St., on the south side of the existing 1st Avenue Parking Ramp; and WHEREAS, a future sculpture location is identified in the site design concept plan for the 1st Avenue Parking Ramp Improvements Project and new streetscape for 10th St. and 11th St. corridors. The City of Sioux Falls will be responsible for project costs associated with the sculpture placement and installation; and WHEREAS, the Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City, and the Sioux Falls Visual Arts Commission, encourages and recommends the outdoor exhibition of public art in public places within Sioux Falls, SD; and  WHEREAS, the Sioux Falls Visual Arts Commission reviewed the proposed “Sunday with Jessie” sculpture and placement on January 17, 2017, and unanimously recommended approval for the sculpture and placement, as presented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The “Sunday with Jessie” sculpture and its placement at 110 E. 11st St. be approved as recommended. Date adopted: 02/21/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 32. A RESOLUTION APPROVING A MUTUAL AID AGREEMENT WITH THE SECRETARY OF THE AIR FORCE ACTING BY AND THROUGH THE COMMANDER OF THE 114TH FIGHTER WING, SOUTH DAKOTA AIR NATIONAL GUARD. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Neitzert to adopt said Resolution No. 11-17. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 11-17 A RESOLUTION APPROVING A MUTUAL AID AGREEMENT WITH THE SECRETARY OF THE AIR FORCE ACTING BY AND THROUGH THE COMMANDER OF THE 114TH FIGHTER WING, SOUTH DAKOTA AIR NATIONAL GUARD. WHEREAS, it appears appropriate that the City of Sioux Falls and the Secretary of the Air Force acting by and through the Commander of the 114th Fighter Wing, South Dakota Air National Guard enter into a mutual aid agreement for fire protection services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Mayor of Sioux Falls be authorized to execute the mutual aid agreement for fire protection services, a copy of which is attached hereto and incorporated herein by this reference. Date adopted: 02/21/17 . 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 2016 NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS DATED FEBRUARY 10, 2017 34. REPORT OF THE FEBRUARY 14, 2017, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to adjourn the meeting at 8:52 p.m. Council Chair Rex Rolfing called for a voice vote. All members voted yes. Motion Passed. Thomas M. Greco City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. 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