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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 2, 2017

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, May 2, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Dorothy TerHorst, Prayer Partner, Direct Line Prayer Center PLEDGE OF ALLEGIANCE PROCLAMATIONS  Day of Prayer - May 4, 2017  Bike Month - May, 2017 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, April 18, 2017, at 4 p.m.  City Council Meeting of Tuesday, April 18, 2017, at 7 p.m.  Joint City Council/Lincoln County Commissioner meeting of Tuesday, April 25, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the April 28, 2017, memo. 2. Approval of the notice of change orders on the April 28, 2017, memo. 3. A request was received requesting permission to consume, but not sell, wine, beer and spirits at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, July 1, 2017, from 5 p.m. to 10 p.m. for a wedding reception. 4. Report of Requests for Quotes for Fuel dated: April 12, 2017; #2 Dyed Diesel Fuel; 7,500 gallons; Harms Oil ($1.7683); Stern Oil ($1.7791); Howes Oil ($1.7974); CHS, Inc. ($1.8100); Cole's Petroleum, Midway Service and Olson Oil, all no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: April 13, 2017; Unleaded Ethanol and #2 Dyed Diesel; 6,000 gallons Unleaded and 2,000 gallons #2 Dyed Diesel; Midway Service ($1.9285 Unleaded and $1.7716 #2 Dyed Diesel); Cole's Petroleum ($1.9289 Unleaded and $1.7732 #2 Dyed Diesel); Howes Oil ($1.9302 Unleaded and $1.7745 #2 Dyed Diesel); Harms Oil ($1.9312 Unleaded and $1.7781 #2 Dyed Diesel); Stern Oil ($1.9539 Unleaded and $1.7756 #2 Dyed Diesel); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Midway Service. 6. Report of Requests for Quotes for Fuel dated: April 18, 2017; E-10 Unleaded Ethanol and #2 Clear Diesel; 700 gallons Unleaded and 350 gallons #2 Clear Diesel; Cole's Petroleum ($2.0000 Unleaded and $2.0372 Clear #2 Diesel); Midway Service ($1.9745 Unleaded and $2.0895 Clear #2 Diesel); Howes Oil ($1.9920 Unleaded and $2.1125 Clear #2 Diesel); Stern Oil ($1.9899 Unleaded and $2.1235 Clear #2 Diesel); CHS, Inc., Harms Oil and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 7. Report of Requests for Quotes for Fuel dated: April 20, 2017; #2 Dyed Diesel Fuel; 7,500 gallons; Howes Oil ($1.7095); Harms Oil ($1.7127); Cole's Petroleum ($1.7142); Stern Oil ($1.7219); CHS, Inc. ($1.7440); Midway Service and Olson Oil, both no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: April 20, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Midway Service ($1.8365); Harms Oil ($1.8391); Cole's Petroleum ($1.8445); Howes Oil ($1.8460); Stern Oil ($1.8668); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Midway Service. 9. Report of Requests for Quotes for Fuel dated: April 24, 2017; #2 Dyed Diesel; 2,000 Gallons; Howes Oil ($1.8790); Midwest Oil ($1.8090); Midway Service ($1.7675). Bid awarded to: Midway Service. APPLICATIONS 10. Amend New 2016-17 Retail Malt Beverage License approved on April 4, 2017, for Anthony & UT Duong, T Nail Spa, 433 West 69th Street, by changing the license to a 2017-18 Retail Malt Beverage License. 11. Special One-Day Liquor Licenses for Great Bear Recreations Park Inc., 5901 East Rice Street for weddings on the following dates in 2017: May 13, June 3 and 11, August 5, September 23, October, 6, 13 and 14. 12. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery, Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery License renewals for 2017-18 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 13. City of Sioux Falls, property address at 1800 S. Southeastern, for 2016 property taxes in the amount of 658.77. The property was purchased 12/1/2016. 14. Hills of Rest Memorial Park, 300 N. Chapel Hill Road, for 2016 property taxes in the amount of $5,428.82. Owner should have had the exemption. Items 15 and 16: The amount requested is the difference between the elderly freeze and the non-elderly freeze. 15. Ray Schildbauer, 3505 E. 12th Street, for 2016 property taxes in the amount of $446.04. 16. Crystal Erdmann, 1306 E. 4th Street, for 2016 property taxes in the amount of $202.21. NOTICE OF HEARINGS Set a date of hearing for Tuesday, May 16, 2017, at 7 p.m. for Items 17 through 32: 17. New 2017 Package Liquor License for Kum & Go LC, Kum & Go #635, 1005 West 11th Street (CUP not required). 18. New 2017 Retail Wine License for Substation Inc., Greggs Substation, 1000 West 41st Street (CUP not required). 19. New 2017-18 Retail Malt Beverage License for Sport Bowl Lounge Co. Inc., Sport Bowl Lounge, 1903 West Burnside Street (CUP not required). 20. New 2016-17 Retail Malt Beverage License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). 21. New 2017 Retail Wine License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). 22. New 2017-18 Retail Malt Beverage License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). 23. New 2017 Retail Wine License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). 24. New 2017 Retail Wine License for John Vu, Pro Nails, 5223 West 26th Street (CUP not required). 25. New 2017 Retail Wine License for John Vu, Pro Nails II, 5416 East Arrowhead Parkway (CUP not required). 26. New 2017-18 Retail Malt Beverage License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 27. New 2017 Retail Wine License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 28. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 25, 2017. 29. Special One-Day Wine License for Active Generations to be operated at 2300 West 46th Street, for an art class on June 13, 2017. 30. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Catholic Diocese of Sioux Falls Vocations Office to be operated at 3201 South Kiwanis Avenue, for a fundraiser on July 22, 2017. 31. Special One-Day Liquor license for PAve LLC to be operated at the 8th & Railroad Center parking lot, 401 East 8th Street, for an outdoor concert on August 26, 2017. 32. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Falls Park West (park area north of the Sioux Falls Parks and Recreation Office along Phillips Avenue) 131 East Falls Park Drive, for the Germanfest on September 9, 2017. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT Thomas Martin spoke about the ESC Group (Establishing Sustainable Connections) and their upcoming networking social mixer. Bob Kolbe spoke about personal liberties. Scott Ehrisman spoke about the parking ramp presentation at today’s Informational Meeting. Adam Yagaloff spoke about recent activity at the Union Gospel Mission. Sierra Broussard spoke about treatment of LGBT individuals at the Union Gospel Mission. David Zokaites spoke about bike month and bike trails. Tim Stanga spoke about pot holes on Cliff Avenue. Bruce Danielson spoke about recording REMSA Board Meetings. UNFINISHED BUSINESS 33. Special One-Day Wine License for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue for History Happy Hour on May 25, 2017. 34. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Empire Staters-Alumni Association of South Dakota State University to be operated at Sioux Falls Design Center, 108 West 11th Street, for a fundraiser on May 26, 2017. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to approve Items 33 and 34. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2930 N. HIGHLAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6379-2017, 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 Rex Rolfing and seconded by Council Member Greg Neitzert to withdraw Item 35. Vote to withdraw: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF S. KENTON AVE. AND W. BITTERROOT ST. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 6445- 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 Rex Rolfing and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 44-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 6000 E. 33RD ST. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, PETITION NO. 6458-2017, 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 Marshall Selberg to adopt said Ordinance No. 45-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4101 S. KLEIN AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, PETITION NO. 6459-2017, 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 Rex Rolfing and seconded by Council Member Rick Kiley to adopt said Ordinance No. 46-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, PETITION NO. 6476-2017, 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 Michelle Erpenbach to adopt said Ordinance No. 47-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF S. CLEVELAND AVE. FROM THE LW LIVE-WORK AND RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, PETITION NO. 6357-2017, 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 Theresa Stehly to adopt said Ordinance No. 48-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 92: HEALTH AND SANITATION TO RESTRICT SMOKING ON CITY PROPERTY. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 43-17. A motion was made by Council Member Pat Starr and seconded by Council Member Michelle Erpenbach to amend Section 2, Subsection (h) by replacing "20 feet" with "25 feet". Vote to amend: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 42. Deferred from the City Council Meeting on Tuesday, April 4, 2017: A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. Annexation 6217-2017 - Willow Ridge (E. Madison S. and Six Mile Rd). A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to adopt said Resolution No. 41-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 41-17 ANNEXATION 6217-2017—Willow Ridge (E. Madison St. and Six Mile 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 2040 Comprehensive Plan. 3. There is access to the major street network along E. Madison St. and though the existing development to the south onto N. Six Mile Rd. 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, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 4 of Willow Ridge Addition in the NW1/4 of Section 17, T101-R48W of the 5th PM, including adjacent E. Madison St. 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: 05/02/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PRELIMINARY PLAN OF SMART HOMES ADDITION. Planning Commission recommends approval (6-0). A motion was made by Council Member Greg Neitzert and seconded by Council Member Marshall Selberg to adopt said Resolution No. 42-17. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 42-17 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PRELIMINARY PLAN OF SMART HOMES ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Smart Homes 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: 05/02/17 . 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 APRIL 27, 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 Rex Rolfing to adjourn the meeting at 8:15 p.m. Mayor Huether called for a voice vote, all members voted yes. Motion Passed. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. 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, May 2, 2017 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT 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 Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION ● Dorothy TerHorst, Prayer Partner, Direct Line Prayer Center PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Day of Prayer - May 4, 2017 ● Bike Month - May, 2017 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, April 18, 2017, at 4 p.m. ● City Council Meeting of Tuesday, April 18, 2017, at 7 p.m. ● Joint City Council/Lincoln County Commissioner meeting of Tuesday, April 25, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the April 28, 2017, memo. 2. Approval of the notice of change orders on the April 28, 2017, memo. 3. A request was received requesting permission to consume, but not sell, wine, beer and spirits at the Old Courthouse Museum, 200 W. Sixth St., on Saturday, July 1, 2017, from 5 p.m. to 10 p.m. for a wedding reception. 4. Report of Requests for Quotes for Fuel dated: April 12, 2017; #2 Dyed Diesel Fuel; 7,500 gallons; Harms Oil ($1.7683); Stern Oil ($1.7791); Howes Oil ($1.7974); CHS, Inc. ($1.8100); Cole's Petroleum, Midway Service and Olson Oil, all no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: April 13, 2017; Unleaded Ethanol and #2 Dyed Diesel; 6,000 gallons Unleaded and 2,000 #2 Dyed Diesel; Midway Service ($1.9285 Unleaded and $1.7716 #2 Dyed Diesel; Cole's Petroleum ($1.9289 Unleaded and $1.7732 #2 Dyed Diesel); Howes Oil ($1.9302 Unleaded and $1.7745 #2 Dyed Diesel); Harms Oil ($1.9312 Unleaded and $1.7781 #2 Dyed Diesel); Stern Oil ($1.9539 Unleaded and $1.7756 #2 Dyed Diesel); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Midway Service. 6. Report of Requests for Quotes for Fuel dated: April 18, 2017; E-10 Unleaded Ethanol and #2 Clear Diesel; 700 gallons Unleaded and 350 gallons #2 Clear Diesel; Cole's Petroleum ($2.0000 Unleaded and $2.0372 Clear #2 Diesel); Midway Service ($1.9745 Unleaded and $2.0895 Clear #2 Diesel); Howes Oil ($1.9920 Unleaded and $2.1125 Clear #2 Diesel); Stern Oil ($1.9899 Unleaded and $2.1235 Clear #2 Diesel); CHS, Inc., Harms Oil and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 7. Report of Requests for Quotes for Fuel dated: April 20, 2017; #2 Dyed Diesel Fuel; 7,500 gallons; Howes Oil ($1.7095); Harms Oil ($1.7127); Cole's Petroleum ($1.7142); Stern Oil ($1.7219); CHS, Inc. ($1.7440); Midway Service and Olson Oil, both no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: April 20, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Midway Service ($1.8365); Harms Oil ($1.8391); Cole's Petroleum ($1.8445); Howes Oil ($1.8460); Stern Oil ($1.8668); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Midway Service. 9. Report of Requests for Quotes for Fuel dated: April 24, 2017; #2 Dyed Diesel; 2,000 Gallons; Howes Oil ($1.8790); Midwest Oil ($1.8090); Midway Service ($1.7675). Bid awarded to: Midway Service. APPLICATIONS 10. Amend New 2016-17 Retail Malt Beverage License approved on April 4, 2017, for Anthony & UT Duong, T Nail Spa, 433 West 69th Street, by changing the license to a 2017-18 Retail Malt Beverage License. 11. Special One-Day Liquor Licenses for Great Bear Recreations Park Inc., 5901 East Rice Street for weddings on the following dates in 2017: May 13, June 3 and 11, August 5, September 23, October, 6, 13 and 14. 12. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery, Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery License renewals for 2017-18 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 13. City of Sioux Falls, property address at 1800 S. Southeastern, for 2016 property taxes in the amount of 658.77. The property was purchased 12/1/2016. 14. Hills of Rest Memorial Park, 300 N. Chapel Hill Road, for 2016 property taxes in the amount of $5,428.82. Owner should have had the exemption. Items 15 and 16: The amount requested is the difference between the elderly freeze and the non-elderly freeze. 15. Ray Schildbauer, 3505 E. 12th Street, for 2016 property taxes in the amount of $446.04. 16. Crystal Erdmann, 1306 E. 4th Street, for 2016 property taxes in the amount of $202.21. NOTICE OF HEARINGS Set a date of hearing for Tuesday, May 16, 2017, at 7 p.m. for Items 17 through 32: 17. New 2017 Package Liquor License for Kum & Go LC, Kum & Go #635, 1005 West 11th Street (CUP not required). 18. New 2017 Retail Wine License for Substation Inc., Greggs Substation, 1000 West 41st Street (CUP not required). 19. New 2017-18 Retail Malt Beverage License for Sport Bowl Lounge Co. Inc., Sport Bowl Lounge, 1903 West Burnside Street (CUP not required). 20. New 2016-17 Retail Malt Beverage License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). 21. New 2017 Retail Wine License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). 22. New 2017-18 Retail Malt Beverage License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). 23. New 2017 Retail Wine License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). 24. New 2017 Retail Wine License for John Vu, Pro Nails, 5223 West 26th Street (CUP not required). 25. New 2017 Retail Wine License for John Vu, Pro Nails II, 5416 East Arrowhead Parkway (CUP not required). 26. New 2017-18 Retail Malt Beverage License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 27. New 2017 Retail Wine License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 28. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 25, 2017. 29. Special One-Day Wine License for Active Generations to be operated at 2300 West 46th Street, for an art class on June 13, 2017. 30. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Catholic Diocese of Sioux Falls Vocations Office to be operated at 3201 South Kiwanis Avenue, for a fundraiser on July 22, 2017. 31. Special One-Day Liquor license for PAve LLC to be operated at the 8th & Railroad Center parking lot, 401 East 8th Street, for an outdoor concert on August 26, 2017. 32. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Falls Park West (park area north of the Sioux Falls Parks and Recreation Office along Phillips Avenue) 131 East Falls Park Drive, for the Germanfest on September 9, 2017. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 33. Special One-Day Wine License for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue for History Happy Hour on May 25, 2017. 34. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Empire Staters-Alumni Association of South Dakota State University to be operated at Sioux Falls Design Center, 108 West 11th Street, for a fundraiser on May 26, 2017. INTRODUCTION AND ADOPTION OF ORDINANCES 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2930 N. HIGHLAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6379-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF S. KENTON AVE. AND W. BITTERROOT ST. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 6445- 2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 6000 E. 33RD ST. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, PETITION NO. 6458-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4101 S. KLEIN AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, PETITION NO. 6459-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, PETITION NO. 6476-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF S. CLEVELAND AVE. FROM THE LW LIVE-WORK AND RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, PETITION NO. 6357-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 92: HEALTH AND SANITATION TO RESTRICT SMOKING ON CITY PROPERTY. HEARINGS AND RESOLUTIONS 42. Deferred from the City Council Meeting on Tuesday, April 4, 2017: A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. Annexation 6217-2017 - Willow Ridge (E. Madison S. and Six Mile Rd). 43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PRELIMINARY PLAN OF SMART HOMES ADDITION. Planning Commission recommends approval (6-0). 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 APRIL 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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