City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, October 3, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach Council Member Christine M. Erickson Council Member Greg Neitzert Council Member Rick Kiley Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Mayor Mike T. Huether INVOCATION  Mr. Jerry Fogg PLEDGE OF ALLEGIANCE PROCLAMATIONS  Native American Day - October 9, 2017 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A request was made by Council Member Pat Starr to move the following agreement from Item 1 to the Regular Agenda for discussion: Public Parking, Project No. 19002, Amendment to Legal Services Agreement, Faegre Baker Daniels, LLP, $30,000. A motion was made by Council Member Greg Neitzert and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, September 19, 2017, at 4 p.m.  City Council Meeting of Tuesday, September 19, 2017, at 7 p.m.  Informational Meeting of Tuesday, September 26, 2017, at 4 p.m.  Joint City Council/Minnehaha County Commission Meeting of Tuesday, September 26, 2017, at 5 p.m.  Joint City Council/Lincoln County Commission/Minnehaha County Commission Meeting of Tuesday, September 26, 2017, at 6 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the September 29, 2017, memo. A motion was made by Council Member Pat Starr and seconded by Council Member Michelle Erpenbach to approve the following: Public Parking, Project No. 19002, Amendment to Legal Services Agreement, Faegre Baker Daniels, LLP, $30,000. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 5. Noes, Theresa Stehly, 1. Motion Passed. 2. Approval of the notice of change orders on the September 29, 2017, memo. 3. A communication received from Molly Okerlund, requesting permission to consume, but not sell, liquor, wine and/or malt beverages at the Old Courthouse Museum, 200 W. 6th Street, on November 25, 2017, from 5 p.m. - 8 p.m., pursuant to SDCL 35-1-5.5., for a wedding dinner. 4. Report of Requests for Quotes for Fuel dated: September 14, 2017; #2 Dyed Diesel; 7,500 gallons; Midway Service ($1.8871); Stern Oil ($1.8903); Harms Oil ($1.8805); Howes Oil ($1.8825); Cole's Petroleum, CHS, Inc., Olson Oil, all no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: September 18, 2017; Unleaded; 8,500 gallons; Midway Service ($1.9189); Cole's Petroleum ($1.9327); Stern Oil, Harms Oil, Howes Oil, CHS, Inc., Olson Oil, all no bid. Bid awarded to: Midway Service. 6. Report of Requests for Quotes for Fuel dated: September 20, 2017; Unleaded and Clear Diesel; 675 Unleaded gallons and 500 Clear Diesel gallons; Midway Service  ($1.9789 Unleaded and $2.2304 Clear Diesel); Stern Oil ($2.0205 Unleaded and $2.2607 Clear Diesel); Howes Oil ($1.9970 Unleaded and $2.2465 Clear Diesel); Cole's Petroleum, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 7. Report of Requests for Quotes for Fuel dated: September 20, 2017; #2 Clear Diesel; 9,023 gallons; CHS, Inc. ($2.22); Howes Oil ($2.2115); Harms Oil ($2.1999) Midwest Oil, no bid. Bid awarded to: Harms Oil, Co. 8. Report of Requests for Quotes for Fuel dated: September 21, 2017; Unleaded; 8,500 gallons; Cole's Petroleum ($1.9153); Stern Oil ($2.1655); Harms Oil ($1.9221); Howes Oil ($1.9130); Midway Service, CHS, Inc. and Olson Oil, all no bid. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated: September 26, 2017; Dyed Diesel #2; 7,500 gallons; Cole's Petroleum ($1.9642); Stern Oil ($1.9930); Howes Oil ($1.9690); CHS, Inc. ($2.0175); Midway Service, Harms Oil, Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 10. Statement of Claim for Mechanic's and/or Materialman's Lien relating to a Public Improvement Project from Rice Lake Construction Group, Inc., for work and materials furnished to Merryman Excavation, Inc. regarding the Brandon Road Pump Station. 11. Sheriff’s Notice of Levy and Receipt for Goods Levied on Merryman Excavation, Inc. 12. Statement of Claim for Mechanic's and/or Materialman's Lien relating to a Public Improvement Project from Diesel Machinery, Inc., for work and materials furnished to Merryman Excavation, Inc. regarding the Brandon Road Pump Station. APPLICATIONS 13. Special One-Day Liquor License for Empire Productions, Prairie View Event Hall to be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a wedding on October 7, 2017. 14. Special One-Day Liquor License for Ovations Food Services LP to be operated at the Orpheum Theater, 315 North Phillips Avenue, for a wedding on September 1, 2018. NOTICE OF HEARINGS Set a date of hearing for Tuesday, October 17, 2017, at 7 p.m. for Item 15 through 18: 15. New 2017 Retail Wine License for Commonwealth Gaming & Holdings Corporation, Deuces Casino 8.5, 4205 South Racket Drive, Suite B, with the  Conditional Use Permit (2013-05-06) being approved on June 5, 2013. 16. Transfer of 2017 Package Liquor License from Pinnacle Hospitality Incorporated, CJ Callaway’s, 500 East 69th Street, to Lewis Drugs Inc., Lewis Drug #14, 136 South Phillips Avenue (CUP not required). 17. Transfer of 2017 Package Liquor License from Lewis Drug Inc., Lewis Drug #1, 500 West 41st Street, to Lewis Drug Inc., Lewis Drug #1, 2901 South Minnesota Avenue, effective upon completion of construction (CUP not required). 18. Special One-day Malt Beverage and Special One-Day Wine licenses for Stockyards Ag Experience to be operated at the Stockyards Ag Experience Barn for a community event on November 2, 2017. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Pat Starr to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. Item 1 was heard at this time. See item for action taken. PUBLIC INPUT Robert Kolbe spoke about recent news events in the City of Sioux Falls. Del'Inkka Beaudion spoke about an upcoming fundraising event called “the First Annual Trunk or Treat” which will be held on October 14, 2017, from 5 p.m. - 8 p.m., at 8th and Railroad. The purpose of the fundraiser is to raise money for hurricane victims. Scott Ehrisman spoke about releasing the Judd Allen Report regarding the Events Center and the City Council conducting an independent audit on the siding at the Events Center. Tim Stanga spoke about receiving follow up telephone calls from Don Kearney, Director of Parks and Recreation, regarding recent experiences in a Sioux Falls park. He expressed gratitude to Kearney for his follow through and professionalism. Bruce Danielson spoke about City related items he has been collecting. Clair Halverson spoke about constructing a museum in the railroad area dedicated to the history of the railroads in Sioux Falls.  Rick Altof spoke about the importance of disclosure to citizens. UNFINISHED BUSINESS 19. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from W & P of Sioux Falls LLC, Buffalo Wild Wings, 2601 South Louise Avenue, Suite 100, to W & P of Sioux Falls LLC, Buffalo Wild Wings, 640 South Highline Place (CUP not required). Pending final inspections per Fire, Health and Building Services. 20. New 2017-18 Retail Malt Beverage License for Hydra Beer Company LLC, Hydra Beer Company, 125 West 10th Street (CUP not required). Pending final inspections per Fire, Health and Building Services. 21. New 2017 Retail Wine License for Hydra Beer Company LLC, Hydra Beer Company, 125 West 10th Street (CUP not required). Pending final inspections per Fire, Health and Building Services. 22. Special One-Day Malt Beverage License for Sioux Falls Roller Dollz to be operated at Special Olympics South Dakota, 800 East I-90 Lane, for special sporting events on October 7 and November 4, 2017. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve Items 18 through 22. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NORTHEAST CORNER OF N. CAREER AVE. AND W. BENSON RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY, AND O OFFICE DISTRICTS TO THE CN CONSERVATION, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, LW LIVE-WORK, AND C-4 COMMERCIAL—REGIONAL DISTRICTS, PETITION NO. 6725-2017, 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 Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 95-17.  Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1210 N. WEBER AVE. FROM THE I- 2 HEAVY INDUSTRIAL DISTRICT TO THE REC RECREATION DISTRICT, PETITION NO. 7098-2017, 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 Michelle Erpenbach to adopt said Ordinance No. 96-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF N. WESTPORT AVE. AND NORTH OF W. 54TH ST. N. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, PETITION NO. 7234-2017, 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 Greg Neitzert and seconded by Council Member Marshall Selberg to adopt said Ordinance No. 97-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2308, 2400, AND 2412 S. SUMMIT AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT TO THE S-2 INSTITUTIONAL CAMPUS PLANNED UNIT DEVELOPMENT DISTRICT, PETITION NO. 7241-2017, 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 Michelle Erpenbach to adopt said Ordinance No. 98-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0.  Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2301 W. 46TH ST. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION NO. 7270-2017, 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 Marshall Selberg and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 99-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF W. 41ST ST. AND S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS, PETITION NO. 7291-2017, 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 Michelle Erpenbach to adopt said Ordinance No. 100-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF E. BENSON RD. AND I-229 FROM THE AG AGRICULTURE AND I-1 LIGHT INDUSTRIAL DISTRICTS TO THE I-2 HEAVY INDUSTRIAL DISTRICT, PETITION NO. 7292-2017, 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 Marshall Selberg to adopt said Ordinance No. 101-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 32ND ST. AND WEST OF S. KINDERHOOK AVE. FROM THE LW LIVE-WORK DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 7293-2017, 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 Greg Neitzert and seconded by Council Member Marshall Selberg to adopt said Ordinance No. 102-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF W. MAPLE ST. AND N. WESTPORT AVE. FROM THE C-4 COMMERCIAL— REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 7295-2017, 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 Marshall Selberg to adopt said Ordinance No. 103-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NORTHWEST CORNER OF W. 6TH ST. AND S. MINNESOTA AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 7299-2017, 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 Marshall Selberg and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 104-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,  REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF W. 4TH ST. AND S. MINNESOTA AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY AND O OFFICE DISTRICTS TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 7307-2017, 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 Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 105-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER PUD PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 160.449 DOWNTOWN (DT) PUD DISTRICT. Planning Commission recommends approval (5-0). A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Marshall Selberg to adopt said Ordinance No. 106-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 35. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PINNACLE POINT ADDITION. A motion was made by Council Member Rex Rolfing and seconded by Council Member Pat Starr to adopt said Resolution No. 102-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. RESOLUTION NO. 102-17 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PINNACLE POINT ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Pinnacle Point 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: 10/03/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 36. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF OLLERICH FARMS ADDITION. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Neitzert to adopt said Resolution No. 103-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, 0. Motion Passed. RESOLUTION NO. 103-17 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF OLLERICH FARMS ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Ollerich Farms 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: 10/03/17 . 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) 37. REPORT OF THE SEPTEMBER 22, 2017, NOTICE OF TRANSFER OF APPROPRIATIONS WITH 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 Mike 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. 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