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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 19, 2017

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, December 19, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach 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 Mayor Mike T. Huether INVOCATION  Council Member Michelle Erpenbach PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA Council Member Pat Starr requested the following item be removed from the Consent Agenda and placed on the Regular Agenda: Item 1; Health; Southeastern Behavioral Healthcare PATH Agreement; Agreement for Services; Southeastern Behavioral Health Care; $57,000. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, December 12, 2017, at 4 p.m.  City Council Meeting of Tuesday, December 12, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 15, 2017, memo. 2. Approval of the notice of change orders on the December 15, 2017, memo. 3. Report of Requests for Quotes for Fuel Dated: December 6, 2017; #1 & #2 Dyed Diesel; 3,750 Gallons each; Harms Oil ($2.4934 #1 DM & $2.2657 #2 DM); Midway Service, Cole's Petroleum, Stern Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. APPLICATIONS 4. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo Wild Wings, 2601 South Louise Avenue, Suite 100. 5. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo Wild Wings, 909 West Avenue North. 6. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo Wild Wings, 640 South Highline Place. 7. Special One-Day Liquor License for Washington Pavilion Management Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for a special event on January 16, 2018. NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 2, 2018, at 7 p.m. for Items 8 through 15: 8. New 2018 Retail Wine License for Dakota Seafood Sioux Falls, Dakota Seafood Sioux Falls, 5009 South Western Avenue, Suite 200, with Conditional Use Permit (7688-2017) being approved on December 6, 2017. 9. New 2017-18 Retail Malt Beverage License for Dakota Seafood Sioux Falls, Dakota Seafood Sioux Falls, 5009 South Western Avenue, Suite 200, with Conditional Use Permit (7688-2017) being approved on December 6, 2017. 10. Transfer of 2017-18 Retail Malt Beverage License from Tokyo Sushi & Hibachi Steakhouse LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 11. Transfer of 2017 Retail Wine License from Tokyo Sushi & Hibachi Steakhouse LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 12. Renewal of 2018 Retail Wine License for Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Great Bear Recreation Park Inc., Great Bear Recreation Park to be operated at Media One, 3918 South Western Avenue, for a Chamber Mixer on January 9, 2018. 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Zoological Society Sioux Falls to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a chamber mixer on March 13, 2018. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Minnehaha Country Club Inc. to be operated at Lawrence & Schiller, 3932 South Willow Avenue, for a special event on January 5, 2018. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. PUBLIC INPUT Catherine Riffle spoke about street dwellers, the homeless, budgets, emergency shelters, and priorities. Sierra Broussard spoke about conducting citizen arrests, assistance by the Police Department, crime in the City, and the golf course contract. Steven Siano spoke about interactions with the police regarding a threat, Southeastern Behavioral Health, failure to recognize his disability, and culpability. Clara Hart spoke about her experiences with state and local government and her experiences as a refugee. Bob Kolbe spoke about the role of public input and political representation. David Zokaites spoke about the parking ramp. Bruce Danielson spoke about public input, the next election, public involvement, and openness. Item 1 was heard at this time. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve the following from Agenda Item 1: Health; Southeastern Behavioral Healthcare PATH Agreement; Agreement for Services; Southeastern Behavioral Health Care; $57,000. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. UNFINISHED BUSINESS 16. Deferred from the City Council Meeting of Tuesday, December 5, 2017: Renewal of 2018 Package Liquor for Grevco Inc., Shop N Cart North, 1029 North Minnesota Avenue. 17. Transfer of New 2017-18 Retail Malt Beverage License for Dakota Coffee Roasters LLC, The Source Coffee Roastery and Taproom, 421 North Phillips Avenue, Suite 101, to include the shopping commons area, and courtyard area as part of their licensed premise (CUP not required). Pending final inspections per Fire, Health and Building Services. 18. New 2017 Retail Wine License for Dakota Coffee Roasters LLC, The Source Coffee Roastery and Taproom, 421 North Phillips Avenue, Suite 101, to include the shopping commons area, and courtyard area as part of their licensed premise (CUP not required). Pending final inspections per Fire, Health and Building Services. 19. Renewal of 2018 Retail Wine License for Dakota Coffee Roaster, LLC, The Source Coffee Roastery and Taproom, 421 North Phillips Ave, Suite 101, shopping commons area and courtyard area (CUP not required). Pending final inspections per Fire, Health and Building Services. 20. New 2018 Retail Wine License for Shaeffer DIY Instructing LLC, Board and Brush, 1813 South Marion Road, Suite 101 (CUP not required). 21. New 2017-18 Retail Malt Beverage License for Shaeffer DIY Instructing LLC, Board and Brush, 1813 South Marion Road, Suite 101 (CUP not required). 22. Transfer of 2017 Package Liquor License from Grevco Inc, Shop N Cart West, 5112 West 12th Street, to Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite 101, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 23. Renewal of 2018 Package Liquor License for Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite 101. Pending final inspections per Fire, Health and Building Services. 24. New 2017-18 Package Malt Beverage License for Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite 101, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 25. New 2017-18 Retail Malt Beverage License for Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite, 102, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 26. Request to include video lottery terminals with the new 2017-18 Retail Malt Beverage License for Davlon Inc., business name to be determined, 400 North West Avenue, Suite 102, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 27. New 2018-19 Package Malt Beverage License for Grevco Inc., Shop N Cart North, 1029 North Minnesota Avenue (CUP not required; this is addition to an existing license). 28. Special One-Day Malt Beverage Licenses for Sioux Falls Roller Dollz to be operated at Special Olympics South Dakota Unify Center, 800 E I-90 Lane, for roller derby games on February 3, March 24, and April 28, 2018. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve Item 16. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. A motion was made by Council Member Rick Kiley and seconded by Council Member Marshall Selberg to approve Items 17 through 24 and 27 through 28. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. A motion was made by Council Member Rex Rolfing approve Items 25 and 26. Motion died for a lack of a second. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to approve Item 25. A substitute motion was made by Council Member Marshall Selberg and seconded by Council Member Rick Kiley to defer Item 25 to the City Council Meeting of Tuesday, January 2, 2018, at 7 p.m. Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Greg Neitzert, Rex Rolfing, 2. Motion Passed. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Pat Starr to defer Item 26 to the City Council Meeting of Tuesday, January 2, 2018, at 7 p.m. Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Greg Neitzert, Rex Rolfing, 2. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. A motion was made by Council Member Greg Neitzert and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 121-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 10, 2018, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Neitzert to adopt said Ordinance No. 122-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS STORM DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING A PORTION OF THE STORM DRAINAGE SYSTEM REVENUE OF THE CITY FOR THE PAYMENT OF SAID STORM DRAINAGE SYSTEM REVENUE BONDS, FIXING THE TERMS OF SUCH SAID STORM DRAINAGE SYSTEM REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH STORM DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT. ($8,829,000) A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Ordinance No. 123-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Transit, $100,000) A motion was made by Council Member Rick Kiley and seconded by Council Member Greg Neitzert to adopt said Ordinance No. 124-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 212 S. WILLOW AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL —SUBURBAN DISTRICT TO THE RT- 1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION NO. 7680-2017, 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 Rick Kiley and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 33. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6300 AND 6400 W. 43RD ST. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW-DENSITY DISTRICT TO THE O OFFICE DISTRICT PETITION NO. 7734-2017, 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 Christine M. Erickson and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 34. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND EAST OF N. DUBUQUE AVE. FROM THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND REC RECREATION DISTRICTS PETITION NO. 7735-2017, 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, January 2, 2018, at 7 p.m. for Item 35. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 23, 2018, at 5 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND 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 Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, January 23, 2018, at 5 p.m. for Item 36. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 37. A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. (Water Reclamation, $4,746,000; Transit, $100,000) A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 120-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 120-17 A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2017–2021 Capital Program shall be amended as follows: Public Works—Water Reclamation Amend Capital Improvements Program Project No. 23039, Equalization Basin, by changing the funding source from State Loans to User Fees in 2017. The estimated cost is $900,000 for engineering and $3,846,000 in construction, totaling $4,746,000. Transit Amend the Other Capital Expenditures Program by adding a bus maintenance lift in 2017. The estimated cost is $100,000 and will require an increase in appropriations that will be funded by Transit funds. Date adopted: 12/19/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 38. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 121-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 121-17 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ. WHEREAS, the City of Sioux Falls (the “City”) owns the Overlook Café located at Falls Park; and WHEREAS, the City and Mikrho Management, LLC (the “Contractor”) find that it is in the best interest of the people of the City, the Contractor, and the Overlook Café that it enter into an extension of agreement between the City and the Contractor, whereby the Contractor will continue to operate and manage the Overlook Café; and WHEREAS, the Contractor is best qualified to manage the operation of the Overlook Café; and WHEREAS, the Contractor and the City find that it is in both parties’ best interest that a one- year extension of agreement be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached hereto and made a part of this resolution entitled “Extension of the Overlook Café Agreement,” being a one-year extension of agreement for the Contractor to continue to manage the Overlook Café, is hereby approved. Section 2. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Contractor. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 12/19/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 39. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPE MANAGEMENT COMPANY, LLC. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to adopt Item 39. A motion was made by Council Member Theresa Stehly and seconded by Council Member Michelle Erpenbach to defer Item 39 for one year and to extend for one year the contract with Dakota Golf Management. A substitute motion was made by Council Member Pat Starr to defer Item 39 to the City Council Meeting of Tuesday, January 2, 2018, at 7 p.m. Motion died for a lack of a second. A substitute motion was made by Council Member Rex Rolfing and seconded by Council Member Pat Starr to substitute motion to defer Item 39 to a City Council Meeting of Tuesday, December 26, 2017. Vote to substitute: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. 40. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 6, 2018, TO MONDAY, FEBRUARY 5, 2018. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Resolution No. 122-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 122-17 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 6, 2018, TO MONDAY, FEBRUARY 5, 2018. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday, February 6, 2018, will be rescheduled to 7 p.m. on Monday, February 5, 2018. This resolution is necessary as February 6, 2018, is the date of travel for City Council members and the start of events for the 2018 Municipal Government Day at the state legislature in Pierre, SD. Date adopted: 12/19/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 41. 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. 123-17. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 123-17 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 Patti Monson ADA Accessibility Review Reappointed for a term from Board December 2017 to December 2021. Troy Osterloo ADA Accessibility Review Reappointed for a term from Board December 2017 to December 2021. Matt Pruner ADA Accessibility Review Reappointed for a term from Board December 2017 to December 2021. Kristi Metzger Arena/Convention/ Appointed for a term from December Entertainment Center Board 2017 to September 2019 (to fill the unexpired term of Nicholle Schuelke). Mark deWit Mechanical Board of Appeals Reappointed for a term from and Examiners December 2017 to December 2020. Thomas Gruenig Mechanical Board of Appeals Reappointed for a term from and Examiners December 2017 to December 2020. Christina Lynn Orpheum Theater Advisory Appointed for a term from December Board of Directors 2017 to December 2020 (to replace Joseph Niechwiadowicz). David Heinold School Traffic Safety Appointed for a term from December Advisory Committee (PATH) 2017 to December 2021. John Snobeck School Traffic Safety Appointed for a term from December Advisory Committee (PATH) 2017 to December 2021. Date adopted: 12/19/17 . 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 Marshall Selberg to adjourn at 10:38 p.m. Mayor Mike Huether 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, December 19, 2017 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Michelle Erpenbach 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 Mayor Mike T. Huether INVOCATION ● Pastor Randy Gehring, Our Savior's Lutheran Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, December 12, 2017, at 4 p.m. ● City Council Meeting of Tuesday, December 12, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 15, 2017, memo. 2. Approval of the notice of change orders on the December 15, 2017, memo. 3. Report of Requests for Quotes for Fuel Dated: December 6, 2017; #1 & #2 Dyed Diesel; 3,750 Gallons each; Harms Oil ($2.4934 #1 DM & $2.2657 #2 DM); Midway Service, Cole's Petroleum, Stern Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. APPLICATIONS 4. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo Wild Wings, 2601 South Louise Avenue, Suite 100. 5. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo Wild Wings, 909 West Avenue North. 6. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo Wild Wings, 640 South Highline Place. 7. Special One-Day Liquor License for Washington Pavilion Management Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for a special event on January 16, 2018. NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 2, 2018, at 7 p.m. for Items 8 through 15: 8. New 2018 Retail Wine License for Dakota Seafood Sioux Falls, Dakota Seafood Sioux Falls, 5009 South Western Avenue, Suite 200, with Conditional Use Permit (7688-2017) being approved on December 6, 2017. 9. New 2017-18 Retail Malt Beverage License for Dakota Seafood Sioux Falls, Dakota Seafood Sioux Falls, 5009 South Western Avenue, Suite 200, with Conditional Use Permit (7688-2017) being approved on December 6, 2017. 10. Transfer of 2017-18 Retail Malt Beverage License from Tokyo Sushi & Hibachi Steakhouse LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 11. Transfer of 2017 Retail Wine License from Tokyo Sushi & Hibachi Steakhouse LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 12. Renewal of 2018 Retail Wine License for Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Great Bear Recreation Park Inc., Great Bear Recreation Park to be operated at Media One, 3918 South Western Avenue, for a Chamber Mixer on January 9, 2018. 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Zoological Society Sioux Falls to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a chamber mixer on March 13, 2018. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Minnehaha Country Club Inc. to be operated at Lawrence & Schiller, 3932 South Willow Avenue, for a special event on January 5, 2018. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 16. Deferred from the City Council Meeting of Tuesday, December 5, 2017: Renewal of 2018 Package Liquor for Grevco Inc., Shop N Cart North, 1029 North Minnesota Avenue. 17. Transfer of New 2017-18 Retail Malt Beverage License for Dakota Coffee Roasters LLC, The Source Coffee Roastery and Taproom, 421 North Phillips Avenue, Suite 101, to include the shopping commons area, and courtyard area as part of their licensed premise (CUP not required). Pending final inspections per Fire, Health and Building Services. 18. New 2017 Retail Wine License for Dakota Coffee Roasters LLC, The Source Coffee Roastery and Taproom, 421 North Phillips Avenue, Suite 101, to include the shopping commons area, and courtyard area as part of their licensed premise (CUP not required). Pending final inspections per Fire, Health and Building Services. 19. Renewal of 2018 Retail Wine License for Dakota Coffee Roaster, LLC, The Source Coffee Roastery and Taproom, 421 North Phillips Ave, Suite 101, shopping commons area and courtyard area (CUP not required). Pending final inspections per Fire, Health and Building Services. 20. New 2018 Retail Wine License for Shaeffer DIY Instructing LLC, Board and Brush, 1813 South Marion Road, Suite 101 (CUP not required). 21. New 2017-18 Retail Malt Beverage License for Shaeffer DIY Instructing LLC, Board and Brush, 1813 South Marion Road, Suite 101 (CUP not required). 22. Transfer of 2017 Package Liquor License from Grevco Inc, Shop N Cart West, 5112 West 12th Street, to Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite 101, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 23. Renewal of 2018 Package Liquor License for Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite 101. Pending final inspections per Fire, Health and Building Services. 24. New 2017-18 Package Malt Beverage License for Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite 101, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 25. New 2017-18 Retail Malt Beverage License for Davlon Inc., Shop N Cart Northwest, 400 North West Avenue, Suite, 102, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 26. Request to include video lottery terminals with the new 2017-18 Retail Malt Beverage License for Davlon Inc., business name to be determined, 400 North West Avenue, Suite 102, with Conditional Use Permit (6224-2017) being approved on February 1, 2017. Pending final inspections per Fire, Health and Building Services. 27. New 2018-19 Package Malt Beverage License for Grevco Inc., Shop N Cart North, 1029 North Minnesota Avenue (CUP not required; this is addition to an existing license). 28. Special One-Day Malt Beverage Licenses for Sioux Falls Roller Dollz to be operated at Special Olympics South Dakota Unify Center, 800 E I-90 Lane, for roller derby games on February 3, March 24, and April 28, 2018. INTRODUCTION AND ADOPTION OF ORDINANCES 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 10, 2018, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS STORM DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING A PORTION OF THE STORM DRAINAGE SYSTEM REVENUE OF THE CITY FOR THE PAYMENT OF SAID STORM DRAINAGE SYSTEM REVENUE BONDS, FIXING THE TERMS OF SUCH SAID STORM DRAINAGE SYSTEM REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH STORM DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT. ($8,829,000) 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Transit, $100,000) Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 212 S. WILLOW AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL —SUBURBAN DISTRICT TO THE RT- 1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION NO. 7680-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6300 AND 6400 W. 43RD ST. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW-DENSITY DISTRICT TO THE O OFFICE DISTRICT PETITION NO. 7734-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND EAST OF N. DUBUQUE AVE. FROM THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND REC RECREATION DISTRICTS PETITION NO. 7735-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). Set a date of hearing and 2nd Reading for Tuesday, January 23, 2018, at 5 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). HEARINGS AND RESOLUTIONS 37. A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. (Water Reclamation, $4,746,000; Transit, $100,000) 38. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ. 39. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPE MANAGEMENT COMPANY, LLC. 40. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 6, 2018, TO MONDAY, FEBRUARY 5, 2018. 41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE The City Council may include other such business as may come before this body. ADJOURNMENT MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

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