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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 16, 2017

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, May 16, 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  Council Chair Rolfing provided the invocation. PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing 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, May 9, 2017, at 4 p.m.  City Council Meeting of Tuesday, May 9, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the May 12, 2017, memo 2. Report of Requests for Quotes for Fuel dated: May 4, 2017: E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Harms Oil ($1.7423); Cole's Petroleum ($1.7455); Midway Service ($1.7578); Howes Oil ($1.7585); Stern Oil ($1.7712); CHS, Inc. ($1.8000); Olson Oil, no bid. Bid awarded to: Harms Oil. 3. Report of Requests for Quotes for Fuel dated: May 4, 2017: #2 Dyed Diesel Fuel; 7,500 Gallons; Cole's Petroleum ($1.5480); Harms Oil ($1.5481); Midway Service ($1.5572); Howes Oil ($1.5675); Stern Oil ($1.5723); CHS, Inc. ($1.6050); Olson Oil, no bid. Bid awarded to: Cole's Petroleum. 4. Report of Requests for Quotes for Fuel dated: May 4, 2017: #2 Dyed Diesel; 2,000 Gallons; Howes Oil ($1.7990); Midwest Oil ($1.6990); Midway Service ($1.6540). Bid awarded to: Midway Service. 5. Report of Requests for Quotes for Fuel dated: May 9, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.7537); Stern Oil ($1.7613); Harms Oil ($1.7630); Midway Service ($1.7724); CHS, Inc., Howes Oil, and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. APPLICATIONS 6. Rescind Special One-Day Malt Beverage License for Downtown Sioux Falls Inc., to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for the Rooftop Cinema event on June 22, 2017. 7. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Prairie Berry LLC, Prairie Berry Winery to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for the Rooftop Cinema event on June 22, 2017. 8. 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 C. NOTICE OF HEARINGS Set a date of hearing for Tuesday, June 6, 2017, at 7 p.m. for Items 9 through 23: 9. Transfer of 2016-17 Retail Malt Beverage License, with video lottery terminals, from Walters Hi Ho LLP, Walters Hi Ho, 1014 East Eighth Street, to BRM Ventures LLC, Walters Hi Ho Tavern, 1014 East Eighth Street. 10. Renewal of 2017-18 Retail Malt Beverage License for BRM Ventures LLC, Walters Hi Ho Tavern, 1014 East Eighth Street. 11. New 2017 Retail Wine License for BRM Ventures LLC, Walters Hi Ho Tavern, 1014 East Eighth Street. 12. Transfer of 2017 Retail Wine License from Sarum Ouch, Phnom Asian Cuisine, 1010 North Minnesota Avenue, to Phnom Penh LLC, Phnom Penh Restaurant, 1010 North Minnesota Avenue. 13. Transfer of 2016-17 Retail Malt Beverage License from Sarum Ouch, Phnom Asian Cuisine, 1010 North Minnesota Avenue, to Phnom Penh LLC, Phnom Penh Restaurant, 1010 North Minnesota Avenue. 14. Renewal of 2017-18 Retail Malt Beverage License for Phnom Penh LLC, Phnom Penh Restaurant, 1010 North Minnesota Avenue. 15. New 2017 Retail Wine License for Regal Holdings Inc., Crown Casino 1, 4805 West 12th Street. 16. New 2017 Retail Wine License for Regal Holdings Inc., Crown Casino 2, 4809 West 12th Street. 17. New 2017 Retail Wine License for Regal Holdings Inc., Paradise Central Casino, 1821 West 12th Street. 18. New 2017-18 Package Malt Beverage/SD Farm Winery License for Aashna LLC, Aashna Asian Mart, 4713 East Arrowhead Parkway. 19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America, Chef Dominique’s Catering to be operated at Docutap, 101 South Phillips Avenue, Suite 300, for a social on June 7, 2017. 20. Special One-Day Wine License for Senior Citizens Services Inc., Active Generations, 2300 West 46th Street, for an art class on Tuesday, June 13, 2017. 21. Special One-Day Malt Beverage and Special One-Day Wine License for The Center for Equality to be operated at Josiah’s Coffeehouse and Cafe, 101 South Reid Street, for a sponsor appreciation event on June 15, 2017. 22. Special One-Day Malt Beverage and Special One-Day Wine License for The Center for Equality to be operated at Terrace Park, 1100 West 4th Street, for the Sioux Falls Pride Festival on June 17, 2017. 23. 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 E. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg 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 Robert Kolbe spoke about leadership transition, weed control, boundary expansion, information protection, and ambulance service. Scott Ehrisman spoke about transparency in government, ambulance service, pensions, and the operations committee. Mike Gunn spoke about transparency and the parking ramp. Steven Siano spoke about the threat to people based on the lack of oversite in the mental health community. Tim Stanga spoke about the City's quick response to concerns he had about the chicken ordinance and he also spoke about ambulance service. Sierra Broussard spoke about ambulance service, crime, and police stress. UNFINISHED BUSINESS 24. New 2017 Package Liquor License for Kum & Go LC, Kum & Go #635, 1005 West 11th Street (CUP not required). Pending final inspections per Health and Building Services. 25. New 2017 Retail Wine License for Substation Inc., Greggs Substation, 1000 West 41st Street (CUP not required). 26. New 2017-18 Retail Malt Beverage License for Sport Bowl Lounge Co. Inc., Sport Bowl Lounge, 1903 West Burnside Street (CUP not required). 27. New 2016-17 Retail Malt Beverage License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). Pending final inspections per Fire, Health and Building Services. 28. New 2017 Retail Wine License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). Pending final inspections per Fire, Health and Building Services. 29. New 2017-18 Retail Malt Beverage License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). Pending final inspection per Fire. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to approve Item 29. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to amend Item 29 by changing the license from "new 2017- 18 Retail Malt Beverage License" to "new 2016-17 Retail Malt Beverage License." Vote to amend: 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. Vote to approve, as amended: 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. 30. New 2017 Retail Wine License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). Pending final inspection per Fire. 31. New 2017 Retail Wine License for John Vu, Pro Nails, 5223 West 26th Street (CUP not required). 32. New 2017 Retail Wine License for John Vu, Pro Nails II, 5416 East Arrowhead Parkway (CUP not required). Pending final inspections per Health. 33. New 2017-18 Retail Malt Beverage License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 34. New 2017 Retail Wine License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 35. 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. 36. Special One-Day Wine License for Active Generations to be operated at 2300 West 46th Street, for an art class on June 13, 2017. 37. 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. 38. 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. Pending application and approval of sound permit per Health. 39. 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. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve Items 24 - 28 and 30 - 39. 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 Set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 40: 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7800 W. 60TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT PETITION NO. 6360-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 40. 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, June 6, 2017, at 7 p.m. for Item 41: 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5501 N. QUARRY AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT PETITION NO. 6581-2017, 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 Rick Kiley and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 41. 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, June 6, 2017, at 7 p.m. for Item 42: 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4300 N. WESTPORT AVE. FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT PETITION NO. 6586-2017, 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 Michelle Erpenbach and seconded by Council Member Pat Starr to set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 42. 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 43. A RESOLUTION APPROVING THE RELEASE OF A 24' PUBLIC ACCESS EASEMENT AND SANITARY SEWER EASEMENT LOCATED IN LOTS 3A AND 4A IN TRACT 1 OF ST. MICHAELS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Greg Neitzert and seconded by Council Member Rick Kiley to adopt said Resolution No. 44-17. 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. 44-17 A RESOLUTION APPROVING THE RELEASE OF A 24' PUBLIC ACCESS EASEMENT AND SANITARY SEWER EASEMENT LOCATED IN LOTS 3A AND 4A IN TRACT 1 OF ST. MICHAELS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs a 24' public access easement and sanitary sewer easement 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; WHEREAS, the 24' public access easement and sanitary sewer easement was established by plat and filed in Book 78 of Plats on page 38 in the office of the Register of Deeds for Minnehaha County, SD, on March 4, 2016, and was reaffirmed by plat and filed in Book 78 of plats on page 178 in the Register of Deeds for Minnehaha County, SD, on August 25, 2016; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a 24' public access easement and sanitary sewer easement as shown on attached Exhibit A, and affecting the real property described as Lots 3A and 4A in Tract 1 of St. Michaels Addition to the City of Sioux Falls, Minnehaha County, SD, 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: 05/16/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 44. A RESOLUTION APPROVING THE RELEASE OF A 30' PUBLIC ACCESS EASEMENT LOCATED IN LOTS 3A AND 4A IN TRACT 1 OF ST. MICHAELS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to adopt said Resolution No. 45-17. 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. 45-17 A RESOLUTION APPROVING THE RELEASE OF A 30' PUBLIC ACCESS EASEMENT LOCATED IN LOTS 3A AND 4A IN TRACT 1 OF ST. MICHAELS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs a 30' public access easement 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; WHEREAS, the 30' public access easement was established by Permanent Access Easement and filed in Book 277 of Misc. on page 990 in the office of the Register of Deeds for Minnehaha County, SD, on December 5, 2014, and was reaffirmed by plat and filed in Book 78 of Plats on page 38 in the Register of Deeds for Minnehaha County, SD, on March 16, 2016, and was again reaffirmed by plat and filed in Book 78 of Plats on page 189 in the Register of Deeds for Minnehaha County, SD, on August 25, 2016; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a 30' public access easement as shown on attached Exhibit A, and affecting the real property described as Lots 3A and 4A in Tract 1 of St. Michaels Addition to the City of Sioux Falls, Minnehaha County, SD, 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: 05/16/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 45. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT PUBLIC RECREATION TRAIL EASEMENT LOCATED IN BLOCK 1 OF RAVEN INDUSTRIES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 46-17. 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. 46-17 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT PUBLIC RECREATION TRAIL EASEMENT LOCATED IN BLOCK 1 OF RAVEN INDUSTRIES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent public recreation trail easement area 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; WHEREAS, the permanent public recreation trail easement was established by plat and filed in Book 75 of Plats on page 184 in the office of the Register of Deeds for Minnehaha County, SD, on June 14, 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement area, as shown on attached Exhibit A, and affecting the real property described as Block 1 of Raven Industries Addition to the City of Sioux Falls, Minnehaha County, SD, 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: 05/16/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 46. A RESOLUTION APPROVING THE RELEASE OF AN EXISTING UTILITY EASEMENT LOCATED IN LOT 4B, BLOCK 1, TWIN KNOLLS ESTATES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 47-17. 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. 47-17 A RESOLUTION APPROVING THE RELEASE OF AN EXISTING UTILITY EASEMENT LOCATED IN LOT 4B, BLOCK 1, TWIN KNOLLS ESTATES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the existing utility easement area 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. WHEREAS, the existing utility easement was established by plat of Lots 1-11, Block 1, Twin Knolls Estates Addition to the City of Sioux Falls, Minnehaha County, SD, with the Minnehaha County Register of Deeds in Plat Book 53, Page 198 on October 16, 1991. The easement is subsequently shown on the Plats of Lot 4A, Block 1 (Plat Book 54, Page 294 on August 8, 1992) and Lot 4B, Block 1 (Plat Book 60, Page 261) in the office of the Register of Deeds for Minnehaha County, SD, on November 4, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of an existing utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 4B, Block 1, Twin Knolls Estates Addition to the City of Sioux Falls, Minnehaha County, SD, 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: 05/16/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 47. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 48-17. 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. 48-17 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 Aaron Bakker Affordable Housing Advisory Appointed for a term from Board May 2017 to May 2020 (to replace Robert Hodgson). David Nelson Airport Authority Board Reappointed for a term from May 2017 to May 2022. Wanda Harris Board of Ethics Reappointed for a term from May 2017 to May 2021. Elizabeth Squyer Board of Museum Trustees Appointed for a term from May 2017 to August 2019 (to fill the unexpired term of Tedd Hurt). Deb Aden Disability Awareness Commission Reappointed for a term from May 2017 to May 2020. Deirdre DiMemmo Disability Awareness Commission Appointed for a term from May 2017 to September 2019 (to fill the unexpired term of Walter Schaefer). Sarah Jo Jorgensen Disability Awareness Commission Reappointed for a term from May 2017 to May 2020. Brent Christensen Falls Community Health Center Reappointed for a term from Governing Board May 2017 to May 2020. Zebiba Zere Multicultural Center Board of Appointed for a term from Directors May 2017 to May 2020 (to replace Stephanie Bolman). Joan Pankonin Sioux Falls Regional Emergency Appointed for a term from Medical Services Authority May 2017 to May 2022 (REMSA) (to replace Aaron Hurley). Kellen Boice Visual Arts Commission Appointed for a term from May 2017 to March 2018 (to fill the unexpired term of Steve Brummond). Rich Garry Washington Pavilion Reappointed for a term from Management, Inc. Board of May 2017 to May 2020. Directors Bradley Heegel Washington Pavilion Reappointed for a term from Management, Inc. Board of May 2017 to May 2020. Directors David Knudson Washington Pavilion Appointed for a term from Management, Inc. Board of May 2017 to May 2020 Directors (to replace Emily Paulson). Date adopted: 05/16/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk NEW BUSINESS Mayor Mike T. Huether turned the meeting over to Council Chair Rex Rolfing. 48. ELECTION OF CITY COUNCIL CHAIR A motion was made by Council Member Greg Neitzert and seconded by Council Member Marshall Selberg to nominate Council Member Rick Kiley as City Council Chair. Council Chair Rex Rolfing called for a voice vote. All members voted yes. Motion Passed. 49. ELECTION OF CITY COUNCIL VICE CHAIR A motion was made by Council Member Marshall Selberg and seconded by Council Member Michelle Erpenbach to nominate Council Member Christine M. Erickson as City Council Vice Chair. Council Member Rex Rolfing called for a voice vote. All members voted yes. Motion Passed. 50. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE A motion was made by Council Member Theresa Stehly and seconded by Council Member Pat Starr to nominate Council Member Greg Neitzert as the 4th member to the City Council Operations Committee. Council Member Rex Rolfing called for a voice vote. All members voted yes. Motion Passed. ADJOURNMENT A motion was made by Council Member Pat Starr and seconded by Council Member Rick Kiley to adjourn at 7:51 p.m. Council Member 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. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, May 16, 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 ● Pastor Brian Reynoldson, Celebrate Community Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, May 9, 2017, at 4 p.m. ● City Council Meeting of Tuesday, May 9, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the May 12, 2017, memo 2. Report of Requests for Quotes for Fuel dated: May 4, 2017: E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Harms Oil ($1.7423); Cole's Petroleum ($1.7455); Midway Service ($1.7578); Howes Oil ($1.7585); Stern Oil ($1.7712); CHS, Inc. ($1.8000); Olson Oil, no bid. Bid awarded to: Harms Oil. 3. Report of Requests for Quotes for Fuel dated: May 4, 2017: #2 Dyed Diesel Fuel; 7,500 Gallons; Cole's Petroleum ($1.5480); Harms Oil ($1.5481); Midway Service ($1.5572); Howes Oil ($1.5675); Stern Oil ($1.5723); CHS, Inc. ($1.6050); Olson Oil, no bid. Bid awarded to: Cole's Petroleum. 4. Report of Requests for Quotes for Fuel dated: May 4, 2017: #2 Dyed Diesel; 2,000 Gallons; Howes Oil ($1.7990); Midwest Oil ($1.6990); Midway Service ($1.6540). Bid awarded to: Midway Service. 5. Report of Requests for Quotes for Fuel dated: May 9, 2017; E-10 Unleaded Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.7537); Stern Oil ($1.7613); Harms Oil ($1.7630); Midway Service ($1.7724); CHS, Inc., Howes Oil, and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. APPLICATIONS 6. Rescind Special One-Day Malt Beverage License for Downtown Sioux Falls Inc., to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for the Rooftop Cinema event on June 22, 2017. 7. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Prairie Berry LLC, Prairie Berry Winery to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for the Rooftop Cinema event on June 22, 2017. 8. 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 C. NOTICE OF HEARINGS Set a date of hearing for Tuesday, June 6, 2017, at 7 p.m. for Items 9 through 23: 9. Transfer of 2016-17 Retail Malt Beverage License, with video lottery terminals, from Walters Hi Ho LLP, Walters Hi Ho, 1014 East Eighth Street, to BRM Ventures LLC, Walters Hi Ho Tavern, 1014 East Eighth Street. 10. Renewal of 2017-18 Retail Malt Beverage License for BRM Ventures LLC, Walters Hi Ho Tavern, 1014 East Eighth Street. 11. New 2017 Retail Wine License for BRM Ventures LLC, Walters Hi Ho Tavern, 1014 East Eighth Street. 12. Transfer of 2017 Retail Wine License from Sarum Ouch, Phnom Asian Cuisine, 1010 North Minnesota Avenue, to Phnom Penh LLC, Phnom Penh Restaurant, 1010 North Minnesota Avenue. 13. Transfer of 2016-17 Retail Malt Beverage License from Sarum Ouch, Phnom Asian Cuisine, 1010 North Minnesota Avenue, to Phnom Penh LLC, Phnom Penh Restaurant, 1010 North Minnesota Avenue. 14. Renewal of 2017-18 Retail Malt Beverage License for Phnom Penh LLC, Phnom Penh Restaurant, 1010 North Minnesota Avenue. 15. New 2017 Retail Wine License for Regal Holdings Inc., Crown Casino 1, 4805 West 12th Street. 16. New 2017 Retail Wine License for Regal Holdings Inc., Crown Casino 2, 4809 West 12th Street. 17. New 2017 Retail Wine License for Regal Holdings Inc., Paradise Central Casino, 1821 West 12th Street. 18. New 2017-18 Package Malt Beverage/SD Farm Winery License for Aashna LLC, Aashna Asian Mart, 4713 East Arrowhead Parkway. 19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America, Chef Dominique’s Catering to be operated at Docutap, 101 South Phillips Avenue, Suite 300, for a social on June 7, 2017. 20. Special One-Day Wine License for Senior Citizens Services Inc., Active Generations, 2300 West 46th Street, for an art class on Tuesday, June 13, 2017. 21. Special One-Day Malt Beverage and Special One-Day Wine License for The Center for Equality to be operated at Josiah’s Coffeehouse and Cafe, 101 South Reid Street, for a sponsor appreciation event on June 15, 2017. 22. Special One-Day Malt Beverage and Special One-Day Wine License for The Center for Equality to be operated at Terrace Park, 1100 West 4th Street, for the Sioux Falls Pride Festival on June 17, 2017. 23. 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 E. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 24. New 2017 Package Liquor License for Kum & Go LC, Kum & Go #635, 1005 West 11th Street (CUP not required). Pending final inspections per Health and Building Services. 25. New 2017 Retail Wine License for Substation Inc., Greggs Substation, 1000 West 41st Street (CUP not required). 26. New 2017-18 Retail Malt Beverage License for Sport Bowl Lounge Co. Inc., Sport Bowl Lounge, 1903 West Burnside Street (CUP not required). 27. New 2016-17 Retail Malt Beverage License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). Pending final inspections per Fire, Health and Building Services. 28. New 2017 Retail Wine License for Panacea Brewing Company LLC, Remedy Brewing Company, 401 East 8th Street, Suite 120 (CUP not required). Pending final inspections per Fire, Health and Building Services. 29. New 2017-18 Retail Malt Beverage License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). Pending final inspection per Fire. 30. New 2017 Retail Wine License for Hoffberger Escape LLC, Escape 605, 3718 South Westport Ave (CUP not required). Pending final inspection per Fire. 31. New 2017 Retail Wine License for John Vu, Pro Nails, 5223 West 26th Street (CUP not required). 32. New 2017 Retail Wine License for John Vu, Pro Nails II, 5416 East Arrowhead Parkway (CUP not required). Pending final inspections per Health. 33. New 2017-18 Retail Malt Beverage License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 34. New 2017 Retail Wine License for Tokyo 26th LLC, Tokyo 26, 4511 East 26th Street (CUP not required). 35. 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. 36. Special One-Day Wine License for Active Generations to be operated at 2300 West 46th Street, for an art class on June 13, 2017. 37. 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. 38. 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. Pending application and approval of sound permit per Health. 39. 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. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 40: 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7800 W. 60TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT PETITION NO. 6360-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). Set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 41: 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5501 N. QUARRY AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT PETITION NO. 6581-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). Set a date of hearing and 2nd Reading for Tuesday, June 6, 2017, at 7 p.m. for Item 42: 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4300 N. WESTPORT AVE. FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT PETITION NO. 6586-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). HEARINGS AND RESOLUTIONS 43. A RESOLUTION APPROVING THE RELEASE OF A 24' PUBLIC ACCESS EASEMENT AND SANITARY SEWER EASEMENT LOCATED IN LOTS 3A AND 4A IN TRACT 1 OF ST. MICHAELS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 44. A RESOLUTION APPROVING THE RELEASE OF A 30' PUBLIC ACCESS EASEMENT LOCATED IN LOTS 3A AND 4A IN TRACT 1 OF ST. MICHAELS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 45. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT PUBLIC RECREATION TRAIL EASEMENT LOCATED IN BLOCK 1 OF RAVEN INDUSTRIES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 46. A RESOLUTION APPROVING THE RELEASE OF AN EXISTING UTILITY EASEMENT LOCATED IN LOT 4B, BLOCK 1, TWIN KNOLLS ESTATES ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. 47. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. NEW BUSINESS 48. ELECTION OF CITY COUNCIL CHAIR 49. ELECTION OF CITY COUNCIL VICE CHAIR 50. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE 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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