City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, January 2, 2018, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA Council Member Christine M. Erickson requested the following item be pulled from Item 1 and placed for consideration on the Regular Agenda after Public Input: Urban Management; Arts and Culture Programs; Agreement for Services; Sioux Falls Arts Council; for $32,250. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. MINUTES  City Council Meeting of Tuesday, December 19, 2017, at 7 p.m.  Special City Council Meeting of Tuesday, December 26, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 29, 2017, memo. 2. Approval of the notice of change orders on the December 29, 2017, memo. 3. Report of Requests for Quotes for Fuel dated: December 13, 2017; #1 and #2 Clear Diesel; 9,000 Gallons; CHS, Inc. (#1 Clear Diesel $2.546 and #2 Clear Diesel $2.296); Howe's Oil (#1 Clear Diesel $2.5125 and #2 Clear Diesel $2.277); Harms Oil (#1 Clear Diesel $2.48 and #2 Clear Diesel $2.263); Midwest Oil, no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: December 14, 2017; #1 and #2 Dyed Diesel; 3,750 Gallons for #1 and 3,750 Gallons for #2; Midway Service (#1 Dyed Diesel, $2.1585 and #2 Dyed Diesel $1.9484); Cole's Petroleum (#1 Dyed Diesel $2.1602 and #2 Dyed Diesel $1.9452); Harms Oil (#1 Dyed Diesel $2.6710 and #2 Dyed Diesel $2.4613); Howes Oil (#1 Dyed Diesel $2.1790 and #2 Dyed Diesel $1.9360). Stern Oil, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 5. Report of Requests for Quotes for Fuel dated: December 21, 2017; Unleaded; 8,500 Gallons; Midway Service ($1.9293); Cole's Petroleum ($1.9760); Howes Oil ($2.1260); Stern Oil, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 6. Report of Requests for Quotes for Fuel dated: December 21, 2017; #1 and #2 Clear Diesel; 7,500 Gallons; CHS, Inc. (#1 Clear Diesel $2.558 and #2 Clear Diesel, $2.313); Howes Oil (#1 Clear Diesel $2.5475 and #2, $2.299) Harms Oil and Midwest Oil, no bid. Bid awarded to: Howes Oil. 7. Report of Requests for Quotes for Fuel dated: December 21, 2017; Dyed Diesel 50/50; 15,550 Gallons; CHS, Inc. (#1 for $2.2800 and #2 $2.040); Cole's Petroleum (for Chambers Street: #1 $2.2750 and #2 $2.0350 and for the Landfill: #1 $2.2528 and #2 $2.0188); Howes Oil (Only bid was for Fire Station 3 at $2.2890 for 50/50 blend); Stern Oil, Harms Oil and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum for Chambers Street and the Landfill; Howes Oil for Fire Station 3. APPLICATIONS The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City  Attorney for Sioux Falls: 8. City of Sioux Falls, Parcel #47059, 224 W. 9th Street, for 2016 property taxes in the amount of $3,011.43. Reason: Property purchased on May 15, 2015. 9. First Slavic Church, 3205 S. Six Mile Road, for 2016 property taxes in the amount of $5,706.19. Reason: Building of the church, abate for one year. NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 16, 2018, at 7 p.m. for Items 10 through 14: 10. New 2017-18 Retail Malt Beverage License for Josiah’s Limited Partnership, Josiah’s Coffeehouse & Café, 104 West 12th Street (CUP not required). 11. New 2018 Retail Wine License for Josiah’s Limited Partnership, Josiah’s Coffeehouse & Café, 104 West 12th Street (CUP not required). 12. Special One-Day Liquor License for Westward Ho Country Club Inc., The Country Club of Sioux Falls, to be operated at 316 South Phillips Avenue, for a Parent Advocates for Spanish Immersion fundraiser on January 27, 2018. 13. Special One-Day Wine License for Butterfly House & Aquarium to be operated at 4320 South Oxbow Avenue, for a fundraiser on February 1, 2018. 14. Special One-Day Liquor License for Philanthropy Promotions Inc., to be operated at 2101 West Burnside, for a Pheasant Fest Vendor Reception on February 15, 2018. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT Catherine Riffle spoke about the city doing a better job of getting homeless people into safe shelters and she asked for bus service to take people to the food pantries.  Jolene Loetscher spoke about the discussions on the downtown parking ramp and the need to hold discussions in a public forum. Scott Ehrisman spoke about funding the arts; the release and distribution of the event center siding report; and the first reading on the parking ramp. Greg Allis spoke about drug abuse in the state and the need for improvements in the treatment process. Suanne Bird spoke regarding Items 15 and 16 on tonight’s agenda regarding approval of an alcohol license and video lottery terminals. Bruce Danielson spoke about the event center siding report and the parking ramp agreement. Tim Stanga spoke about his neighbors being victims of a robbery; ticketing parked cars during snowy conditions; and asbestos removal requirements. David Zokaites spoke about parking ramp mechanisms. Mike Fodness spoke about the collapse of the Copper Lounge building, the impact on his family, and the city partnering with entities that had ties to the Copper Lounge building. Pam Saboe spoke about the Conditional Use Permit process in the city. Clara Hart spoke about transparency in making decisions. 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 item from Agenda Item 1: Urban Management; Arts and Culture Programs; Agreement for Services; Sioux Falls Arts Council for $32,250. Vote to approve: Roll Call: Yeses, 0. Noes: Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Motion Failed. UNFINISHED BUSINESS 15. Deferred from the City Council Meeting of Tuesday, December 19, 2017: 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. 16. Deferred from the City Council Meeting of Tuesday, December 19, 2017: 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. 17. 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. Pending final inspections per Fire, Health and Building Services. 18. 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. Pending final inspections per Fire, Health and Building Services. 19. 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. 20. 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. 21. Renewal of 2018 Retail Wine License for Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street. 22. 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. 23. 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. 24. 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. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to withdraw Items 17 and 18.  Vote to withdraw: Roll Call: Yeses, Rick Kiley, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve Items 19 through 24. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Neitzert to approve Items 15 and 16. Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 25. 2nd 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 Greg Neitzert and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 1-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 26. 2nd 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 Rick Kiley and seconded by Council Member Marshall Selberg to adopt said Ordinance No. 2-18.  Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 27. 2nd 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 Christine M. Erickson to adopt said Ordinance No. 3-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 9, 2018, at 7 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD (THE “CITY”) REPEALING ORDINANCE NO. 119-17 AUTHORIZING THE ISSUANCE OF ITS SALES TAX REVENUE BONDS AND OTHER ACTIONS RELATED THERETO. A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to set a date of hearing and 2nd Reading for Tuesday, January 16, 2018, at 7 p.m. for Item 28. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Pat Starr, Theresa Stehly, 3. Noes, Rick Kiley, Rex Rolfing, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, 5. Motion Failed. Set a date of hearing and 2nd Reading for Tuesday, January 9, 2018, at 7 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD (THE “CITY”) REPEALING ORDINANCE NO. 120-17 AUTHORIZING THE  MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LEGACY DEVELOPMENT & CONSULTING COMPANY, LLC AND OTHER ACTIONS RELATED THERETO. A motion was made by Council Member Theresa Stehly and seconded by Council Member Pat Starr to set a date of hearing and 2nd Reading for Tuesday, January 16, 2018, at 7 p.m. for Item 29. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Pat Starr, Theresa Stehly, 3. Noes, Rick Kiley, Rex Rolfing, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, 5. Motion Failed. Set a date of hearing and 2nd Reading for Tuesday, January 9, 2018, at 7 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING A CITY CHARTER AMENDMENT FOR THE APRIL 2018 ELECTION THROUGH CHARTER AMENDMENT ARTICLE VIII, SECTION 8.01(b). A motion was made by Council Member Theresa Stehly and seconded by Council Member Pat Starr to set a date of hearing and 2nd Reading for Tuesday, January 9, 2018, at 7 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Pat Starr, Theresa Stehly, Christine M. Erickson, 4. Noes, Rick Kiley, Rex Rolfing, Marshall Selberg, Michelle Erpenbach, 4. Mayor Mike Huether broke the tie by voting no. Motion Failed. HEARINGS AND RESOLUTIONS 31. A RESOLUTION ESTABLISHING THE SIOUX FALLS CITY COUNCIL’S CITIZEN RECOGNITION PROGRAM. A motion was made by Council Member Theresa Stehly and seconded by Council Member Rex Rolfing to adopt said Resolution No. 1-18. A motion was made by Council Member Theresa Stehly and seconded by Council Member Michelle Erpenbach to amend this item by removing the following: "and nominations on matters of political controversy" and "individuals focused on political campaigns/events contrary to City policies will not be eligible". A friendly amendment was made by Council Member Michelle Erpenbach to leave in the following: "events/organizations with no direct relationship to Sioux Falls".  Vote to amend: Roll Call: Yeses, Pat Starr, Theresa Stehly, 2. Noes, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, 6. Motion Failed. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 1-18 A RESOLUTION ESTABLISHING THE SIOUX FALLS CITY COUNCIL’S CITIZEN RECOGNITION PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council establishes the “SIOUXPERHERO” Citizen Recognition Program. That the objectives of the program are to recognize the contributions of SIOUXPERHEROES on a regular basis; emphasize positive stories, people, and developments in the city of Sioux Falls; and encourage others to become more active, positive forces in the community. That nomination focus areas may include Civic Responsibility, Community Spirit, Innovation, Volunteering, Mentoring & Coaching, Community Pride, and Community Stewardship. That anyone may nominate a SIOUXPERHERO and nominations submitted by the first Friday of each month will be considered for recognition at the next Regular City Council Meeting. Nominations that meet the eligibility requirements will be reviewed by a panel consisting of four Council members, two citizens, and one City staff member who will recommend nominees to the Council for recognition. That nominations are based on overall positive achievement, impact, and/or contributions to the community; citizens that have resided in Sioux Falls for at least 12 consecutive months are eligible; recipients are eligible to receive no more than one Citizen Recognition Award in a five- year period; and nominations on matters of political controversy, events/organizations with no direct relationship to Sioux Falls, or individuals focused on political campaigns/events contrary to City policies will not be eligible. Date adopted: 01/02/18 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 32. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY  WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. Annexation 7772-2017 and 7786-2017 - Kappenman Property (E. 26th St. and S. Veterans Pkwy). A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 2-18. Vote to adopt: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 2-18 ANNEXATION 7772-2017 and 7786-2017—Kappenman Property (E. 26th St. and S. Veterans Pkwy.) A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along E. 26th St. and S. Veterans Pkwy. 4. Sewer is available to site immediately. 5. Water service is available to site immediately. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Kappenman’s Tract 1 (including Lot H1 and H3) in the NE1/4 of Section 25, Township 101N, Range 49 of the 5 P.M., including all adjacent unannexed right-of-way, in Minnehaha County, SD; AND  Kappenman’s Tract 2 (including Lot H1) in the NE1/4 of the NE1/4 of Section 25, Township 101N, Range 49 of the 5 P.M., including all adjacent unannexed right-of-way, in Minnehaha County, SD; AND The NE1/4 (including Lots H1, 2, 3, 4, 5, 5, 6, 6, 7, and 8 and except Kappenman’s Tracts 1 and 2 and except Kappenman’s Wetland Addition) of Section 25, Township 101N, Range 49 of the 5th P.M., including all adjacent unannexed right-of-way, in Minnehaha County, SD; AND Tracts 1 and 2 Kappenman’s Wetland Addition of Section 25, Township 101N, Range 49 of the 5 P.M., including all adjacent unannexed right-of-way, in Minnehaha County, SD; AND The N1/2 of the SE1/4 (including Lots H-1, H2, and PE1) of Section 25, Township 101N, Range 49 of the 5 P.M., including all adjacent unannexed right-of-way, in Minnehaha County, SD; And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 01/02/18 . 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) 33. REPORT OF THE DECEMBER 21, 2017, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adjourn the meeting at 8:47 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. 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