City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, October 17, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Rick Kiley Mayor Mike T. Huether INVOCATION  Pastor Phill Tague, The Ransom Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. MINUTES  City Council Meeting of Tuesday, October 10, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the October 13, 2017, memo 2. Report of Requests for Quotes for Fuel dated: October 4, 2017; #1 & #2 Dyed Diesel; 7,500 Gallons Each; Cole's Petroleum ($1.9945 #1 DM & $1.8885 #2 DM); Stern Oil ($2.0804 #1 DM & $1.8945 #2 DM); Harms Oil ($1.9920 #1 DM & $1.9011 #2 DM); Midway Service, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 3. Report of Requests for Quotes for Fuel dated: October 5, 2017; 7,500 Gallons #2 Dyed Diesel and 8,500 Gallons Unleaded; Stern Oil ($1.9431 #2 Dyed Diesel & $2.0016 Unleaded); Midway Service, Cole's Petroleum, Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Stern Oil. 4. Report of Requests for Quotes for Fuel dated: October 6, 2017; #2 Clear Diesel; 9,000 Gallons; Harms Oil ($2.2376); CHS, Inc., Howes Oil, and Midwest Oil, all no bid. Bid awarded to: Harms Oil. APPLICATIONS 5. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2018 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS Set a date of hearing for Tuesday, November 7, 2017, at 7 p.m. for Items 6 through 12: 6. New 2018 Retail Liquor License, with Sunday sales certificate, for Sandtrap Inc., Bogey’s, 815 South Marion Road (CUP not required; this is an addition to an existing license). 7. New 2018 Retail Wine License for G & W Inc., Gary Cone’s BP, 1027 South Cleveland Avenue, Suite 101, with Conditional Use Permit (7432-2017) being approved on October 4, 2017. 8. Request to include video lottery terminals with the new 2018 Retail Wine License for G & W Inc., Gary Cone’s BP, 1027 South Cleveland Avenue, Suite 101, with Conditional Use Permit (7432-2017) being approved on October 4, 2017. 9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Butterfly House & Aquarium, to be operated at 4320 South Oxbow Avenue, for an Embe Women’s Leadership Mixer on November 14, 2017.  10. Special One-Day Liquor License for East River Legal Services to be operated at 335 North Main Avenue, Suite 200, for a fundraiser on November 28, 2017. 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Multi-Cultural Center to be operated at 515 North Main Avenue, for a fundraiser on December 9, 2017. 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Holy Spirit Knights of Columbus to be operated at Holy Spirit Church gymnasium, 4309 South Bahnson Avenue, for a fundraiser on January 27, 2018. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Marshall Selberg and seconded by Council Member Rex Rolfing to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. PUBLIC INPUT Edi Smorawske spoke about her opposition to a casino at 1027 S. Cleveland Ave. and the impacts it would have on the neighborhood. Judy Koch spoke about her opposition to a casino at 1027 S Cleveland Ave, noting the impact it will have on safety and home values. Catherine Riffle spoke about the need to care for homeless citizens who are not helped by local homeless shelters. She explained her own efforts to care for the homeless and emphasized the urgency of providing sufficient care to the homeless especially during the upcoming winter. Steven Siano spoke about efforts by people to deprive him of his needs and his efforts to get local authorities to look into it. Kyle Billeter and Terry Liggins spoke about the Conscious Youth Solutions’ 2017 Diversity & Inclusion Summit to be held on November 2. They invited the Council, explained the purpose of the summit, and identified speakers/panelists. Bruce Danielson spoke about the importance of transparency, trust, virtue, respect, and honor in government as guiding principles.  Katie Jelsma spoke about the potential to unnecessarily increase instances of theft, burglary, and substance abuse if a casino is placed 1027 S. Cleveland Ave. Del'Inkka Beaudion spoke about the recent "Trunk or Treat" fundraiser event held at 8th and Railroad; she discussed the turnout and money raised. Sierra Broussard spoke about a ride-along she conducted with Council Members Theresa Stehly and Pat Starr and observation they made. She also discussed anti-drug and prostitution efforts. Linda Adel spoke about her concerns over increased drug use as a result of a proposed casino at 1027 S. Cleveland Ave. Troy Johnson spoke about the proposed casino at 1027 S. Cleveland Ave by expressing concerns about parking; he recommended a physical barrier be required between the casino parking lot and residential parking. UNFINISHED BUSINESS 13. 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. Pending permit issuance and final inspections per Building Services. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to withdraw Item 13. Vote to withdraw: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. 14. 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). Pending final inspections per Fire and Building Services. 15. 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). Pending final inspections per Fire and Building Services. 16. 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.  A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to approve Items 14 through 16. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, November 7, 2017, at 7 p.m. for Item 17: 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 208, 212, AND 214 N. NESMITH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 7233-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). 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, November 7, 2017, at 7 p.m. for Item 17. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 7, 2017, at 7 p.m. for Item 18: 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF N. CACTUS DR. AND SOUTH OF E. IMANI RIDGE PL. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 7287-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). 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, November 7, 2017, at 7 p.m. for Item 18. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat  Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 7, 2017, at 7 p.m. for Item 19: 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 85TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE AG AGRICULTURE AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICTS TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, PETITION NO. 7434-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). A motion was made by Council Member Greg Neitzert and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, November 17, 2017, at 7 p.m. for Item 19. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 7, 2017, at 7 p.m. for Item 20: 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF S. FRANKLIN AVE. AND BETWEEN E. 6TH ST. AND E. 8TH ST. FROM THE UNZONED RAILROAD RIGHT-OF-WAY TO THE DTPUD DOWNTOWN PLANNED UNIT DEVELOPMENT DISTRICT, PETITION NO. 7440-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, November 7, 2017, at 7 p.m. for Item 20. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed.  HEARINGS AND RESOLUTIONS 21. 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 Christine M. Erickson to adopt said Resolution No. 104-17. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Mayor Mike T. Huether recognized Bruce Williams, an appointee to the Solid Waste Planning Board who was in attendnance at the meeting. RESOLUTION NO. 104-17 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 Sarah Aldinger Building Board of Appeals Appointed for a term from October 2017 to and Examiners October 2020 (to replace David VanNieuwenhuyzen). Terry Kelley Building Board of Appeals Reappointed for a term from October 2017 and Examiners to October 2020. Katie Krantz Building Board of Appeals Appointed for a term from October 2017 to and Examiners October 2020 (to replace Elizabeth Squyer). Gwendolyn Martin-Fletcher Falls Community Health Center Reappointed for a term from October 2017 Governing Board to October 2020. Tom Hurlbert Main Street Business Appointed for a term from October 2017 to Improvement District Board October 2020 (to replace Aaron Hultgren). Nick Borns Plumbing Board of Appeals Public Works Representative-Indefinite and Examiners Term (to replace Jeff Dunn). Jeremy Eitreim Plumbing Board of Appeals Appointed for a term from October 2017 to and Examiners October 2020 (to replace Jeremy Williams). Robert Hillman Plumbing Board of Appeals Reappointed for a term from October 2017  and Examiners to October 2020. Christopher Hanmer Public Parking Advisory Board Appointed for a term from October 2017 to October 2022 (to replace Nancy Savage). Sean Garney Public Transit Advisory Board Appointed for a term from October 2017 to October 2020 (to replace Cherie Garry). Barbara Burnley-Hamer Solid Waste Planning Board Appointed for a term from October 2017 to October 2020 (to replace Anthony Pizer). Benjamin Tiensvold Solid Waste Planning Board Reappointed for a term from October 2017 to October 2020. Bruce Williams Solid Waste Planning Board Appointed for a term from October 2017 to October 2020 (to replace Jake Anderson). Lane Lundeby Zoological Society of Appointed for a term from October 2017 to Sioux Falls March 2020 (to fill the unexpired term of John Olson). Date adopted: 10/17/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adjourn at 7:57 p.m. Mayor Mike T. Huether called for a voice vote. All members voted yes. Motion Passed. Thomas M. 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