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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 7, 2017

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, March 7, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Greg Neitzert Mayor Mike T. Huether INVOCATION  Michelle Erpenbach, City Councilor PLEDGE OF ALLEGIANCE PROCLAMATIONS  Sioux Empire Water Festival Days - March 14 and 15, 2017 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, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, February 21, 2017, at 4 p.m.  City Council Meeting of Tuesday, February 21, 2017, at 7 p.m.  Informational Meeting of Tuesday, February 28, 2017, at 4 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the March 3, 2017, memo. 2. A communication was received from Mia Janssen and Patrick Cave, requesting permission to consume, but not sell, liquor, beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Saturday, March 11, 2017, for a wedding reception. 3. A communication was received from Crystal Severance and Timothy Nunes, requesting permission to consume, but not sell, liquor, beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Tuesday, March 28, 2017, from 12 p.m. to 5 p.m. for a wedding reception. 4. A communication was received from Ashley White and Drew Pillard, requesting permission to consume, but not sell beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Saturday, May 27, 2017, from 4 p.m. to 11 p.m. for the purpose of their wedding. 5. Report of Requests for Quotes for Fuel dated: February 15, 2017; #1 and #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 #2 (7,500 gallons total); Cole's Petroleum ($1.7675 #1 and $1.6770 #2); Harms Oil ($1.7550 #1 and $1.6950 #2); Midway Service ($1.7660 #1 and $1.6950 #2); Howes Oil ($1.7775 #1 and $1.6875 #2); Stern Oil ($1.7816 #1 and $1.7000 #2); CHS, Inc. ($1.7200 #1 and $1.8400 #2); and Olson Oil, no bid. Bid awarded to: Cole's Petroleum. 6. Report of Requests for Quotes for Fuel dated: February 17, 2017; #1 and #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2 (7,500 gallons total); Midway Service ($1.7395 #1 and $1.6765 #2); Stern Oil ($1.7565 #1 and $1.6635 #2); Harms Oil ($1.7500 #1 and $1.6800 #2); Cole's Petroleum ($1.7510 #1 and $1.6865 #2); CHS, Inc. ($1.8290 #1 and $1.7185 #2); Howes Oil and Olson Oil, both no bid. Bid awarded to: Midway Service. 7. Report of Requests for Quotes for Fuel dated: February 17, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Stern Oil ($1.7471); Midway Service ($1.8260); Harms Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 8. Report of Requests for Quotes for Fuel dated: February 17, 2017; Unleaded Ethanol; 8,500 gallons; Midway Service ($1.8260); Stern Oil ($1.7471); Harms Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 9. Report of Requests for Quotes for Fuel dated: February 17, 2017; Blended Diesel; 7,500 gallons; Midway Service ($1.7080); Stern Oil ($1.7100); Harms Oil ($1.7150); Cole's Petroleum ($1.7188); CHS, Inc. ($1.7738); Howes Oil and Olson Oil Company, both no bid. Bid awarded to: Midway Service. 10. Report of Requests for Quotes for Fuel dated: February 22, 2017; Unleaded Ethanol; 664 gallons; Midway Service ($2.0220); Howes Oil ($2.0800); Stern Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 11. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #1; 690 gallons; Midway Service ($2.0775); Howes Oil ($2.1170); Stern Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 12. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #2; 690 gallons; Midway Service ($1.9950); Howes Oil ($2.0370); Stern Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 13. Report of Requests for Quotes for Fuel dated: February 28, 2017; #1 and #2 Dyed Diesel Fuel; 7,500 gallons #1 and 7,500 gallons #2 (15,000 gallons total); Stern Oil ($1.7616 #1 and $1.6884 #2); Midway Service ($1.7585 #1 and $1.7015 #2); Harms Oil ($1.7803 #1 and $1.6953 #2); Cole's Petroleum ($1.7770 #1 and $1.7040 #2); CHS, Inc. ($1.8490 #1 and $1.7350 #2); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 14. Report of Requests for Quotes for Fuel dated: February 28, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.7471); Harms Oil ($1.8260); Stern Oil ($1.8300); Midway Service ($1.8385); CHS, Inc. ($1.8750); Howes Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum. NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 21, 2017, at 7 p.m. for Items 15 through 22: 15. New 2016-17 Retail Malt Beverage License for Smokehouse Partners Inc., Cody’s Smokehouse, 6401 South Louise Avenue (CUP not required). 16. New 2017 Retail Wine License for Smokehouse Partners Inc., Cody’s Smokehouse, 6401 South Louise Avenue (CUP not required). 17. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from SHS, LLC, SHS LLC, 221 South Phillips Avenue, Suite 100, to Carpenter Bar LLC, Carpenter Bar, 215 South Phillips Avenue (CUP not required). 18. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from Shaen Haven Hospitality, LLC, Bogtrotter’s Irish Pub, Grub & Tap, 201 East 11th Street, to Blarney Stone Pub SF LLC, Blarney Stone Pub, 329 South Phillips Avenue (CUP not required). 19. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Pettigrew Home & Museum, 131 North Duluth Avenue, for a History Happy Hour on March 23, 2017. 20. Special One-Day Malt Beverage and Special One-Day Wine License for Prairie Pasta Inc., Johnny Carino’s to be operated at First Dakota National Bank, 6109 South Old Village Place, for an open house on April 4, 2017. 21. Special One-Day Malt Beverage and Special One-Day Wine License for Sioux Falls Area Community Foundation to be operated at Carsforsale.com, 2500 South Westlake Drive, for a fundraiser on May 4, 2017. 22. Special One-Day Liquor License for Philanthropy Promotions, Inc., J&L Harley Davidson, to be operated at Falls Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) with a north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to the chain link fence on the east side of Falls Park West (the street will be closed on 6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue, for Hot Harley Nights, on July 8, 2017. 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, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. PUBLIC INPUT Bruce Danielson asked several contract related questions. Jeff Davis spoke regarding a possible future annexation in Wayne Township. Scott Ehrisman spoke regarding a video posting on YouTube and recording videos. Audrey Christensen spoke regarding a need for extra parking at the Denny Sanford PREMIER Center. Steven Siano spoke regarding access to the City and V.A. health services. David Zokaites spoke regarding zoning aesthetics. Sierra Broussard spoke regarding an ordinance about gender identity. UNFINISHED BUSINESS 23. 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. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve Item 23. Vote to approve: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 24. 2nd 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 Greg Neitzert and seconded by Council Member Rick Kiley to adopt said Ordinance No. 20-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 25. 2nd 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 Rex Rolfing to adopt said Ordinance No. 21-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 26. 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-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 Greg Neitzert and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 22-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 27. 2nd 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 Rex Rolfing and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 23-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 28. 2nd 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 Rex Rolfing and seconded by Council Member Rick Kiley to adopt said Ordinance No. 24-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. 29. 2nd 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 Greg Neitzert and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 25-17 with the condition of a south setback of a minimum of 40'. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 7. Noes, Theresa Stehly, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 14, 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 AMENDING CHAPTER 95: PARKS AND RECREATION SUBCHAPTER FEES. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, March 14, 2017, at 7 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 14, 2017, at 7 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Engineering ($1,125,000) and Police ($14,000). 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, March 14, 2017, at 7 p.m. for Item 31. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 32. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 12-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 12-17 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2, if the governing body decides to lease any municipally- owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; WHEREAS, the City contemplates entering into a lease of municipally-owned or about to be municipally-owned real property located in the county of Minnehaha, state of South Dakota, described as follows: W1/2NE1/4 (except the South 200') of Section 34-T101N-R51W of the 5th P.M. WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the City of Sioux Falls once at least ten days prior to hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: 1. That the City Council hereby expresses its intent to lease municipally-owned or about to be municipally-owned real property located in the county of Minnehaha, state of South Dakota, described as follows: W1/2NE1/4 (except the South 200') of Section 34-T101N-R51W of the 5th P.M. for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value provided said terms and conditions are authorized by the City Council and all other acts required by law are satisfied. Date adopted: 03/07/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ASPEN HEIGHTS ADDITION. The Planning Commission recommends approval 6-0. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 13-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 13-17 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ASPEN HEIGHTS ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Aspen Heights 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: 03/07/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.) A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Neitzert to adopt said Resolution No. 14-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 14-17 ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.) 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 W. 48th St. and provisions for municipal utilities with existing sewer and connecting to the existing water main in W. 48th St. 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. Tract 1 of Murphy Tracts in the S1/2 of NW1/4 of Section 34, T101N, R50W and adjacent South Ellis Road right-of-way; Minnehaha County, SD 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: 03/07/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 35. 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 Rick Kiley to adopt said Resolution No. 15-17. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes, 0. Motion Passed. RESOLUTION NO. 15-17 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 Frank Adams Affordable Housing Reappointed for a term from March Advisory Board 2017 to March 2020. Annie Brokenleg Affordable Housing Reappointed for a term from March Advisory Board 2017 to March 2020. Brent Christensen Falls Community Appointed for a term from March 2017 Health Center to May 2017 (to fill the unexpired term Governing Board of Joyeuse Urwibutso). Dan Johnson Public Parking Reappointed for a term from March Advisory Board 2017 to March 2022. Jennifer Schaefer Public Parking Reappointed for a term from March Advisory Board 2017 to March 2022. Kimberly Koblank Siouxland Heritage Appointed for a term from March 2017 Museum Board of to March 2020 (to replace Michael Trustees Mullin). John Olson Zoological Society of Appointed for a term from March 2017 Sioux Falls Board of to March 2020 (to replace Sandy Directors Jerstad). Date adopted: 03/07/17 . 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 Marshall Selberg to adjourn at 9:28 p.m. Mayor Huether called for a voice vote and 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. 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 Tuesday, March 7, 2017 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT 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 Council Member Greg Neitzert Mayor Mike T. Huether INVOCATION ● Michelle Erpenbach, City Councilor PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Sioux Empire Water Festival Days - March 14 and 15, 2017 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, February 21, 2017, at 4 p.m. ● City Council Meeting of Tuesday, February 21, 2017, at 7 p.m. ● Informational Meeting of Tuesday, February 28, 2017, at 4 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the March 3, 2017, memo. 2. A communication was received from Mia Janssen and Patrick Cave, requesting permission to consume, but not sell, liquor, beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Saturday, March 11, 2017, for a wedding reception. 3. A communication was received from Crystal Severance and Timothy Nunes, requesting permission to consume, but not sell, liquor, beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Tuesday, March 28, 2017, from 12 p.m. to 5 p.m. for a wedding reception. 4. A communication was received from Ashley White and Drew Pillard, requesting permission to consume, but not sell beer and wine at the Old Courthouse Museum, 200 W. 6th St., on Saturday, May 27, 2017, from 4 p.m. to 11 p.m. for the purpose of their wedding. 5. Report of Requests for Quotes for Fuel dated: February 15, 2017; #1 and #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 #2 (7,500 gallons total); Cole's Petroleum ($1.7675 #1 and $1.6770 #2); Harms Oil ($1.7550 #1 and $1.6950 #2); Midway Service ($1.7660 #1 and $1.6950 #2); Howes Oil ($1.7775 #1 and $1.6875 #2); Stern Oil ($1.7816 #1 and $1.7000 #2); CHS, Inc. ($1.7200 #1 and $1.8400 #2); and Olson Oil, no bid. Bid awarded to: Cole's Petroleum. 6. Report of Requests for Quotes for Fuel dated: February 17, 2017; #1 and #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2 (7,500 gallons total); Midway Service ($1.7395 #1 and $1.6765 #2); Stern Oil ($1.7565 #1 and $1.6635 #2); Harms Oil ($1.7500 #1 and $1.6800 #2); Cole's Petroleum ($1.7510 #1 and $1.6865 #2); CHS, Inc. ($1.8290 #1 and $1.7185 #2); Howes Oil and Olson Oil, both no bid. Bid awarded to: Midway Service. 7. Report of Requests for Quotes for Fuel dated: February 17, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Stern Oil ($1.7471); Midway Service ($1.8260); Harms Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 8. Report of Requests for Quotes for Fuel dated: February 17, 2017; Unleaded Ethanol; 8,500 gallons; Midway Service ($1.8260); Stern Oil ($1.7471); Harms Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 9. Report of Requests for Quotes for Fuel dated: February 17, 2017; Blended Diesel; 7,500 gallons; Midway Service ($1.7080); Stern Oil ($1.7100); Harms Oil ($1.7150); Cole's Petroleum ($1.7188); CHS, Inc. ($1.7738); Howes Oil and Olson Oil Company, both no bid. Bid awarded to: Midway Service. 10. Report of Requests for Quotes for Fuel dated: February 22, 2017; Unleaded Ethanol; 664 gallons; Midway Service ($2.0220); Howes Oil ($2.0800); Stern Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 11. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #1; 690 gallons; Midway Service ($2.0775); Howes Oil ($2.1170); Stern Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 12. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #2; 690 gallons; Midway Service ($1.9950); Howes Oil ($2.0370); Stern Oil and Cole's Petroleum, both no bid. Bid awarded to: Midway Service. 13. Report of Requests for Quotes for Fuel dated: February 28, 2017; #1 and #2 Dyed Diesel Fuel; 7,500 gallons #1 and 7,500 gallons #2 (15,000 gallons total); Stern Oil ($1.7616 #1 and $1.6884 #2); Midway Service ($1.7585 #1 and $1.7015 #2); Harms Oil ($1.7803 #1 and $1.6953 #2); Cole's Petroleum ($1.7770 #1 and $1.7040 #2); CHS, Inc. ($1.8490 #1 and $1.7350 #2); Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil. 14. Report of Requests for Quotes for Fuel dated: February 28, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.7471); Harms Oil ($1.8260); Stern Oil ($1.8300); Midway Service ($1.8385); CHS, Inc. ($1.8750); Howes Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum. NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 21, 2017, at 7 p.m. for Items 15 through 22: 15. New 2016-17 Retail Malt Beverage License for Smokehouse Partners Inc., Cody’s Smokehouse, 6401 South Louise Avenue (CUP not required). 16. New 2017 Retail Wine License for Smokehouse Partners Inc., Cody’s Smokehouse, 6401 South Louise Avenue (CUP not required). 17. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from SHS, LLC, SHS LLC, 221 South Phillips Avenue, Suite 100, to Carpenter Bar LLC, Carpenter Bar, 215 South Phillips Avenue (CUP not required). 18. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from Shaen Haven Hospitality, LLC, Bogtrotter’s Irish Pub, Grub & Tap, 201 East 11th Street, to Blarney Stone Pub SF LLC, Blarney Stone Pub, 329 South Phillips Avenue (CUP not required). 19. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Pettigrew Home & Museum, 131 North Duluth Avenue, for a History Happy Hour on March 23, 2017. 20. Special One-Day Malt Beverage and Special One-Day Wine License for Prairie Pasta Inc., Johnny Carino’s to be operated at First Dakota National Bank, 6109 South Old Village Place, for an open house on April 4, 2017. 21. Special One-Day Malt Beverage and Special One-Day Wine License for Sioux Falls Area Community Foundation to be operated at Carsforsale.com, 2500 South Westlake Drive, for a fundraiser on May 4, 2017. 22. Special One-Day Liquor License for Philanthropy Promotions, Inc., J&L Harley Davidson, to be operated at Falls Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) with a north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to the chain link fence on the east side of Falls Park West (the street will be closed on 6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue, for Hot Harley Nights, on July 8, 2017. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 23. 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. INTRODUCTION AND ADOPTION OF ORDINANCES 24. 2nd 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). 25. 2nd 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). 26. 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-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). 27. 2nd 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). 28. 2nd 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). 29. 2nd 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). Set a date of hearing and 2nd Reading to Tuesday, March 14, 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 AMENDING CHAPTER 95: PARKS AND RECREATION SUBCHAPTER FEES. Set a date of hearing and 2nd Reading to Tuesday, March 14, 2017, at 7 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Engineering ($1,125,000) and Police ($14,000). HEARINGS AND RESOLUTIONS 32. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. 33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ASPEN HEIGHTS ADDITION. The Planning Commission recommends approval 6-0. 34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.) 35. 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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