City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 21, 2018, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT PRESENT ABSENT Council Member Christine M. Erickson Council Member Greg Neitzert Council Member Rick Kiley Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Council Member Janet Brekke Mayor Paul TenHaken INVOCATION  Pastor Jeff Backer, First Lutheran Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA Council Member Theresa Stehly requested the following item be pulled from Item 1 and placed for consideration on the Regular Agenda: 6; Technology; Provide Mass Notification Software to Send Text Notifications Master Services Agreement; Everbridge; To Establish Pricing. Council Member Pat Starr requested the following item be pulled from Item 1 and placed for consideration on the Regular Agenda: 9; USD Research Park, Inc., Agreement for Professional Services; USD Discovery District; $150,000. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg,  Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. MINUTES  City Council Meeting of Tuesday, August 14, 2018, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 17, 2018, memo. 2. Sioux Area Metro Report of Requests for Quotes for Fuel dated: August 7, 2018; 9,001 Gallons of #2 Clear Diesel; Harms Oil, Inc. ($2.5931); CHS, Inc. ($2.69); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 3. Report of Requests for Quotes for Fuel dated: August 8, 2018; 7,500 Gallons of #2 Dyed Diesel; Cole’s Petroleum ($2.2848); Harms Oil ($2.2719); Howes Oil ($2.2875); Stern Oil ($2.2963); Midway Service, CHS, Inc., and Olson Oil, all no bid. Bid awarded to Harms Oil. 4. Report of Requests for Quotes for Fuel dated: August 13, 2018; Unleaded Ethanol (8,500 Gallons); #2 Dyed Diesel (15,000 Gallons); Midway Service ($2.2862 Unleaded & $2.2650 Diesel); Cole’s Petroleum ($2.2787 Unleaded & $2.2718 Diesel); Stern Oil ($2.3058 Unleaded & $2.2761 Diesel); Howes Oil (No bid for Unleaded & $2.2670 Diesel). Harms Oil, CHS and Olson Oil, all no bid. Bid awarded to: Midway Service. 5. A communication was received from Heather Halverson requesting permission to consume, but not sell, beer and wine at the History Club, 758 S. Phillips Ave., on September 14, 2018, for the Minnehaha and Lincoln County Democratic Party 2nd Annual Night of Many Ha-Ha's comedy fundraiser. NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 4, 2018, at 7 p.m. for Items 6 through 19: 6. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for 57th Street Lodging Partners, Hampton Inn & Suites, 3701 West Avera Drive (CUP not required). 7. New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail Bar, 3010 West 57th Street, with Conditional Use Permit (6910-2017) being approved on July 5, 2017. 8. New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC, Elegant Nail Bar, 3010 West 57th Street, with Conditional Use Permit (6910-2017) being  approved on July 5, 2017. 9. New 2018-19 Retail Malt Beverage License for MR2T LP, R Wine Bar, 322 East 8th Street (CUP not required). 10. New 2018 Retail Wine License for MR2T LP, R Wine Bar, 322 East 8th Street (CUP not required). 11. New 2018 Retail Wine License for Tslat Inc., JJ’s Axes & Ales, 4810 South Western Avenue, with Conditional Use Permit (8262-2018) being approved on May 3, 2018. 12. New 2018-19 Retail Malt Beverage License for Tslat Inc., JJ’s Axes & Ales, 4810 South Western Avenue, with Conditional Use Permit (8262-2018) being approved on May 3, 2018. 13. Transfer of 2018 Off Sale Delivery License for Tslat Inc., JJ’s Wine, Spirits & Cigars, 3000 West 57th Street (CUP not required). 14. Special One-Day Malt Beverage License for Sioux Falls Women Run Training Team to be operated at Great Outdoor Store, 201 East 10th Street, for a movie event on September 6, 2018. 15. Special One-Day Malt Beverage License for Augustana University, 2001 South Summit Avenue, for a Hasting South Dakota Archeological Society Meeting on September 7, 2018. 16. Special One-Day Wine License for Augustana University, 2001 South Summit Avenue, for a Hasting South Dakota Archeological Society Meeting on September 8, 2018. 17. Special One-Day Wine License for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for a fundraiser on September 8, 2018. 18. Special One-day Malt Beverage and One-Day Wine Licenses for Catering America to be operated at Vance Thompson Vision, 3101 West 57th Street, for a social on September 10, 2018. 19. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at the following locations: 605 Running Company, 124 South Phillips Avenue; Acorn 19/Bead Co., 319 South Phillips Avenue; American State Bank, 223 South Phillips Avenue; Architecture Incorporated, 415 South Main Avenue; Atoley Salon and Spa, 317 South Phillips Avenue; CH Patisserie, 309 South Phillips Avenue; Chelsea’s Boutique, 220 South Phillips Avenue; Great Outdoor Store, 201 East 10th Street; JH & Sons, 216 South Phillips Avenue; JLG Architects, 232 South Main Avenue; LPM Properties/Legacy Development, 101 South Main  Avenue; NV Studio, 106 West 11th Street; Nyberg’s Ave, 200 East 12th Street; Palmer Lea, 206 South Phillips Avenue; Rehfeld’s Art & Framing, 210 South Phillips Avenue; Rug & Relic, 401 East 8th Street #114; Say Anything Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street #108; Sticks & Steel, 401 East 8th Street #118; TH Grey, 330 South Phillips Avenue; Urban Archeology, 126 South Phillips Avenue; and Young & Richards, 222 South Phillips Avenue, for an Art Wine Walk on October 5, 2018. 20. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR INSTALLATION OF CONCRETE SIDEWALK ON W. 9TH ST., N. 4TH AVE., AND EAST OF BENSON RD. 21. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. Set a date of hearing for Tuesday, September 11, 2018, at 7 p.m. for Item 22: 22. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019, AND THE 2019–2023 CAPITAL PROGRAM. 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. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to amend the Regular Agenda by moving Item 53 immediately before Item 23. Vote to amend: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. PUBLIC INPUT Heather Pastor spoke about her previous landlord and discrimination. Robert Kolbe spoke about pollution and water consumption.  Tim Stanga spoke about taking care of communities and encouraging Councilor visits to neighborhoods. Sierra Broussard spoke about a recent ride-along, damage to properties, and problem- solving in neighborhoods. Bridget Myers spoke about changing the process for rezones. Item 1 sub-items were heard at this time. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to approve the following item from Agenda Item 1: 6; Technology; Provide Mass Notification Software to Send Text Notifications Master Services Agreement; Everbridge; To Establish Pricing. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. A motion was made by Council Member Pat Starr and seconded by Council Member Janet Brekke to approve the following item from Agenda Item 1: 9; USD Research Park, Inc., Agreement for Professional Services; USD Discovery District; $150,000. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. UNFINISHED BUSINESS Item 53 was heard at this time. See Item for action taken. 23. New 2018-19 Retail Malt Beverage License for Rudy M. Navarrete’s Tex-Mex Food, Rudy M. Navarrete’s Tex-Mex Food, 2209 West 57th Street, with the Conditional Use Permit (8899-2018) being reviewed on August 8, 2018. Pending final inspection per Health. 24. New 2018 Retail Wine License for Rudy M. Navarrete’s Tex-Mex Food, Rudy M. Navarrete’s Tex-Mex Food, 2209 West 57th Street, with the Conditional Use Permit (8899-2018) being reviewed on August 8, 2018. Pending final inspection per Health. 25. New 2018-19 Retail Malt Beverage License for Winetime on Main LLC, Winetime on Main, 330 South Main Avenue (CUP not required). Pending final inspection per Fire and Building Services. 26. Transfer of 2018 Package Liquor License from Lewis Drugs Inc, Lewis Drug, 2701 South Minnesota Avenue, to Lewis Drug #15, 2525 South Ellis Road, with the Conditional Use Permit (7728-2017) being approved on December 6, 2017. 27. Transfer of 2018 Retail Liquor License, with video lottery terminals, from D & K Enterprises LLC, Bigs Sports Bar & Billiards, 3100-3108-3110 West 12th Street, to M & K Enterprises LLC, Bigs Sports Bar, 3110 West 12th Street. 28. Transfer of 2018-19 Retail Malt Beverage License, with video lottery terminals, from Osmina Halilovic, Emina Sports Coffee Bar, 2309 West Madison Street, to Darinda Martinez, Business Name to be determined, 2309 West Madison Street, with Conditional Use Permit (8110-2018) being approved on March 7, 2018. 29. New 2018 Retail Wine License for Darinda Martinez, Business Name to be determined, 2309 West Madison Street, with Conditional Use Permit (8110-2018) being approved on March 7, 2018. 30. New 2018 Full-Service Restaurant On-Sale Liquor License for WR Hospitality LLC, 22Ten Kitchen & Cocktails, 2210 West 69th Street (CUP not required). Pending permit issuance and final inspections per Building Services and Health. 31. New 2019 Full-Service Restaurant On-Sale Liquor License for 212 Restaurant Group LLC, Roam Kitchen & Bar, 4521 West Empire Place (CUP not required). Pending permit issuance and final inspections per Building Services and Health. 32. Special One-Day Liquor License for Ramkota Companies Inc., to be operated at Avera Health, 1000 East 23rd Street, for a retirement event on August 30, 2018. 33. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizens Services Inc. to be operated at Active Generations, 2300 West 46th Street, for special events on September 13 and December 11, 2018. 34. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club (course only), 3101 West 22nd Street, for a PGA Tour Champions Event to be held September 15-24, 2018. 35. Special One-Day Malt Beverage License and Special One-Day Wine Licenses for Interstate House of Pancakes, Rollin Pin Restaurant, to be operated at Camp Leif Ericson, 2301 East 26th Street, for a wedding reception on September 15, 2018. 36. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Joe Foss Squadron Commemorative Air Force to be operated at Maverick Air Center, 4201 North Maverick Place, for a fundraiser on September 22, 2018. 37. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue, for History Happy Hour on October 25, 2018. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to approve Items 23 through 37. Vote to approve: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING CHAPTER 161 TO BE ENTITLED SIOUX FALLS DOWNTOWN RAILYARD ENVIRONMENTAL OVERLAY DISTRICT. A motion was made by Council Member Marshall Selberg and seconded by Council Member Rick Kiley to adopt said Ordinance No. 73-18. Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE. A motion was made by Council Member Janet Brekke and seconded by Council Member Rick Kiley to defer Item 39 to the City Council Meeting of Monday, October 15, 2018, at 7 p.m. Vote to defer: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 40: 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5311 W. 26TH ST. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 8906-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0).  Council Member Theresa Stehly excused herself from the meeting and the vote on this item. 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, September 4, 2018, at 7 p.m. for Item 40. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Janet Brekke, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 41: 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5501 E. RED OAK DR. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 8904-2018, 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 Curt Soehl to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 41. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 42: 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2513 S. EISENHOWER AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 8905-2018, 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 Curt Soehl to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 42. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall  Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 43: 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF W. 26TH ST. AND S. ELMWOOD AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, PETITION NO. 8534-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0) with the following condition: Principle and accessory uses within the NF1, NF2, UT1, UT2, BCF1, BCF2, BCF3, and RE1 forms be limited to “Accessory off-site parking. A motion was made by Council Member Curt Soehl and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 43. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 44: 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6300 W. 41ST ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 8738-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-1). A motion was made by Council Member Marshall Selberg and seconded by Council Member Christine M. Erickson to refer Item 44 back to the planning commission to work with staff on finding a greater setback on the north property line and to work on additional buffer yard elements. Vote to refer: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 45: 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2801 N. CAREER AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 8804-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). Council Member Theresa Stehly excused herself from the meeting and the vote on this item. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 45. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Janet Brekke, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 46: 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 509 N. COVELL AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 8791-2018, 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 Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 46. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 47: 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5100 N. HEALY LN. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 8879-2018, 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 Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 47. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 48: 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF INTERSTATE 29 NORTH AND NORTH OF W. 12TH ST. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 8892-2018, 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 Marshall Selberg and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, September 4, 2018, at 7 p.m. for Item 48. Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS Council Member Christine M. Erickson disclosed that she owns property in the area and excused herself from the remainder of the meeting pursuant to Section 30.017 of the Code of Ordinances. 49. HEARING TO DETERMINE THERE IS NO FEASABLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL TO DEMOLISH 1005, 1023, AND 1027 S. DAKOTA AVE. AND 414 W. 19TH ST. IN THE SHERMAN HISTORIC DISTRICT BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. The hearing was held and included input from City staff, the applicant’s representative, representatives from the All Saints Neighborhood Association, members of the Board of Historic Preservation, local residents, and other citizens. 50. MOTION AUTHORIZING THE PROPOSAL TO DEMOLISH HOMES AT 414 W. 19TH ST., 1005, 1023, AND 1027 S. DAKOTA AVE. IN THE SHERMAN  HISTORIC DISTRICT AND THE ISSUANCE OF ANY RELATED PERMIT BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. A motion was made by Council Member Rick Kiley and seconded by Council Member Pat Starr to authorize the proposal to demolish homes at 414 W. 19th St., 1005, 1023, and 1027 S. Dakota Ave. in the Sherman Historic District and the issuance of any related permit based upon the consideration of all relevant factors, and that there is no feasible and prudent alternative to the proposal and the program includes all possible planning to minimize harm to the historic property resulting from such use. Vote to authorize: Roll Call: Yeses, 0. Noes, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 6. Motion Failed. 51. MOTION TO AUTHORIZE THE SIOUX FALLS CITY ATTORNEY’S OFFICE TO PREPARE WRITTEN FINDINGS CONSISTENT WITH THE MAJORITY VOTE ON THE ABOVE MOTION FOR DISCUSSION, REVIEW AND APPROVAL BY THE CITY COUNCIL. A motion was made by Council Member Rick Kiley and seconded by Council Member Pat Starr to authorize the Sioux Falls City Attorney's Office to prepare written findings consistent with the majority vote on the above motion for discussion, review, and approval by the City Council. Vote to authorize: Roll Call: Yeses, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 6. Noes, 0. Motion Passed. 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) 52. REPORT OF THE AUGUST 13, 2018, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS 53. A MOTION TO PROVIDE ADVICE AND CONSENT FOR THE APPOINTMENT OF STACY KOOISTRA AS CITY ATTORNEY This item was heard immediately prior to Item 23.  A motion was made by Council Member Rick Kiley and seconded by Council Member Marshall Selberg to provide advice and consent for the appointment of Stacy Kooistra as City Attorney. Vote to provide: Roll Call: Yeses, Christine M. Erickson, Rick Kiley, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke, 7. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Pat Starr and seconded by Council Member Curt Soehl to adjourn at 10:30 p.m. Mayor Paul TenHaken called for a voice vote and all members present 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. 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