City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, October 15, 2018, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT PRESENT ABSENT Council Member Theresa Stehly Council Member Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Mayor Paul TenHaken INVOCATION  Susie Wingler - Direct Line Prayer Center PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A request was made by Council Member Pat Starr to move Sub-Items 4 (Offer to Purchase Real Estate; Tract 2 Wild Meadows Addition in the amount of $325,642); 7 (Sioux Falls Parks and Recreation System Master Plan in the amount of $48,055); and, 8 (Sioux Falls Parks and Recreation System Master Plan in the amount of $154,335) from Item 1 to the Regular Agenda for discussion. 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, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, October 9, 2018, at 4 p.m.  City Council Meeting of Tuesday, October 9, 2018, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the October 12, 2018, memo. 2. Report of Requests for Quotes for Fuel dated: October 3, 2018; Unleaded Ethanol (8,500 Gallons) & DEF (500 Gallons); Howes Oil ($2.4235 Unleaded & $1.0990 DEF); Cole’s Petroleum ($2.4213Unleaded & No Bid DEF); Midway Service ($2.4259 Unleaded & $1.1100 DEF); Stern Oil, CHS, Inc., Harms Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil. 3. Report of Requests for Quotes for Fuel dated: October 5, 2018; #2 Dyed Diesel; 900 Gallons; Midway Service ($2.64); Howes Oil ($2.6975); Cole’s Petroleum, Harms Oil, Stern Oil, CHS, Inc., and Olson Oil: all no bid. Bid awarded to: Midway Service. 4. Report of Requests for Quotes for Fuel dated: October 9, 2018; Unleaded Ethanol; 8,500 Gallons; Cole’s Petroleum ($2.3832); Harms Oil ($2.2.4045); Howes Oil ($2.3970); Stern Oil ($2.4307); Midway Service, CHS, Inc. and Olson Oil, all no bid. Bid awarded to: Coles Petroleum. 5. Sioux Area Metro Report of Requests for Quotes for Fuel dated: October 9, 2018; 9,000 Gallons of #2 Clear Diesel; 9,000 Gallons; Harms Oil, Inc. ($2.8405); Howes Oil ($2.8475); CHS Inc., Petroleum Traders, and Midwest Oil, all no bid. Bid awarded to: Harms Oil, Inc. 6. A communication was received from Jeffrey and Diane Bakk requesting permission to consume, but not sell, wine, beer and malt beverages at Augustana University’s Morrison Commons 2-in-2 Room, 2001 S. Summit Avenue, on Friday, October 26, 2018, for a wedding Rehearsal Dinner. 7. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the following individuals the SIOUXPERHERO citizen recognition award: Jack Dyvig and Marcene Woldt. NOTICE OF HEARINGS Set a date of hearing for Monday, November 5, 2018, at 7 p.m. for Items 8 through 12: 8. New 2019 Retail Wine License for Teng Ramen Inc., Ramen Fuji, 2300 South  Minnesota Avenue, Suite C, with Conditional Use Permit (9222-2018) being approved on October 3, 2018. 9. New 2018-19 Retail Malt Beverage License for Teng Ramen Inc., Ramen Fuji, 2300 South Minnesota Avenue, Suite C, with Conditional Use Permit (9222-2018) being approved on October 3, 2018. 10. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for I-90 Fuel Services Inc., Gas Stop, 5210 West 12th Street (CUP not required). 11. Special One-Day Liquor License for T Slat, JJ’s Fine Wine, Spirits & Cigars to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a physician mixer on November 8, 2018. 12. Special One-day Malt Beverage and Special One-Day Wine Licenses for Catering America, Chef Dominique’s Catering to be operated at Orthopedic Institute, 810 East 23rd Street, for a holiday party on November 29, 2018. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Curt Soehl to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. PUBLIC INPUT Jeff Deyoung spoke about honesty in government regarding road blockages and traffic control associated with construction on Arrowhead Parkway. Sierra Broussard spoke about phone access to the City and public input. UNFINISHED BUSINESS Sub-Item 4 from Agenda Item 1 was heard at this time. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Greg Neitzert to approve Sub-Item 4 (Offer to Purchase Real Estate; Tract 2 Wild Meadows Addition in the amount of $325,642) from Agenda Item 1. Vote to approve: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0.  Motion Passed. Sub-Items 7 and 8 from Agenda Item 1 were heard at this time. A motion was made by Council Member Pat Starr and seconded by Council Member Rick Kiley to approve Sub-Items 7 (Sioux Falls Parks and Recreation System Master Plan in the amount of $48,055; and 8 (Sioux Falls Parks and Recreation System Master Plan in the amount of $154,335) from Agenda Item 1. Vote to approve: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. 13. Rescind New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail Bar, 3010 West 57th Street. 14. Rescind New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC, Elegant Nail Bar, 3010 West 57th Street. 15. New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail Bar, 3028 West 57th Street, with Conditional Use Permit (6910-2017) being approved on July 5, 2017. Pending final inspections per Fire, Health and Building Services. 16. New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC, Elegant Nail Bar, 3028 West 57th Street, with Conditional Use Permit (6910-2017) being approved on July 5, 2017. Pending final inspections per Fire, Health and Building Services. 17. Transfer of 2018-19 Retail Malt Beverage License for Top Shelf Entertainment, Wine & Canvas, 5031 South Louise Avenue, to Top Shelf Entertainment, Wine & Canvas, 5239 West 26th Street (CUP not required). 18. Transfer of 2018 Retail Wine License for Top Shelf Entertainment, Wine & Canvas, 5031 South Louise Avenue, to Top Shelf Entertainment, Wine & Canvas, 5239 West 26th Street (CUP not required). 19. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for Amsale Gebrehiwa, Sheger Addis Grocery Store, 329 South Minnesota Avenue (CUP not required). 20. New 2018 Retail Wine License, requesting off-sale use only, for Amsale Gebrehiwa, Sheger Addis Grocery Store, 329 South Minnesota Avenue (CUP not required). 21. New 2018-19 Retail Malt Beverage License for Full Circle Book Co-op LLC, Full  Circle Book Co-op, 123 West 10th Street (CUP not required). 22. New 2018 Retail Wine License for Full Circle Book Co-op LLC, Full Circle Book Co-op, 123 West 10th Street (CUP not required). 23. Transfer of 2018 Retail Liquor License from Sandtrap Inc., Bogey’s, 811 South Marion Road, to CR Lloyd Associates Inc., 101 South Reid Street, Suite 201 (CUP not required). Pending change in use and final inspections her Fire, Health and Building Services. 24. Special One-Day Malt Beverage License for Sioux Falls Men’s 12 Inch Slow Pitch Softball League Inc. to be operated at Harmodon Park (fields E, F G and H only), 5609 East 41st Street, for a fundraiser on October 20, 2018. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Area Literacy Council to be operated at REACH, 2101 West 41st Street, Suite 23, for a special event on October 24, 2018. 26. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad Shriners to be operated at The History Club of Sioux Falls, 758 South Phillips Avenue, for a Shrine Ladies luncheon on November 10, 2018. 27. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America to be operated at Child’s Play Toys, 233 South Phillips Avenue, for a social on November 11, 2018. 28. Special One-Day Package Off-Sale Wine license for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on November 16, 2018. 29. Special One-Day Wine Licenses for Sioux Falls Area Literacy Council to be operated at REACH, 2101 West 41st Street, Suite 23, for special events on January 10, February 14, March 14, April 11, May 9, and June 13, 2019. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to withdraw Item 24. Vote to withdraw: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. A motion was made by Council Member Rick Kiley and seconded by Council Member Christine M. Erickson to approve Items 13 through 23 and 25 through 29. Vote to approve: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0.  Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 30. Deferred from the City Council Meeting of Tuesday, August 21, 2018: 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 Rick Kiley and seconded by Council Member Greg Neitzert to withdraw Item 30. Vote to withdraw: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY. A motion was made by Council Member Rick Kiley and seconded by Council Member Janet Brekke to adopt said Ordinance No. 93-18. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING LOT 19, EXCEPT LOT H1 CONTAINED THEREIN, AND LOT 20, EXCEPT LOT H1 CONTAINED THEREIN, ALL IN BLOCK 1 OF GREATER SIOUX FALLS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Curt Soehl to adopt said Ordinance No. 94-18. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, 0. Rick Kiley was absent for the vote on this item. Motion Passed. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR AFFORDABLE HOUSING PROJECTS.  A motion was made by Council Member Marshall Selberg and seconded by Council Member Curt Soehl to adopt said Ordinance No. 95-18. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 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 W. 41ST ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT PETITION NO. 8738- 2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-1) with the following conditions: 1) Required side yard setback along the north property line, a minimum of 60 feet; and, 2) Buffer yard along the north property line shall include a 2' berm and 6' privacy fence. 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 Monday, November 5, 2018, for Item 34. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 608 W. 57TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT NO. 9129- 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 Rick Kiley and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Monday, November 5, 2018, for Item 35. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1201 S. 7TH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9171-2018, 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 Monday, November 5, 2018, for Item 36. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for Item 37: 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 700 S. 1ST AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9173 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 Pat Starr and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Monday, November 5, 2018, for Item 37. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for Item 38: 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1001 E. 52ND ST. N. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT NO. 9178-2018, 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 Pat Starr and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Monday, November 5, 2018, for Item 38. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for Item 39: 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 801 N. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9182- 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 Pat Starr and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Monday, November 5, 2018, for Item 39. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for Item 40: 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 500 E. 69TH ST. FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT NO. 9296-2018, 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 Pat Starr and seconded by Council Member Greg Neitzert to set a date of hearing and 2nd Reading for Monday, November 5, 2018, for Item 40. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, November 5, 2018, at 7 p.m. for  Item 41: 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 616 S. WILLOW AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT- 1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT NO. 9319- 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 Pat Starr to set a date of hearing and 2nd Reading for Monday, November 5, 2018, for Item 41. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 42. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENTS OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Rick Kiley and seconded by Council Member Janet Brekke to adopt said Resolution No. 97-18. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 8. Noes, 0. Motion Passed. RESOLUTION NO. 97-18 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENTS 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 Michael Fischer Electrical Board of Appeals and Appointed for a term from October Examiners 2018 to October 2021 (to replace Craig Odens). Chad Van Ede Electrical Board of Appeals and Reappointed for a term from Examiners October 2018 to October 2021. Chris Fischer Infrastructure Review Advisory Appointed for a term from October  Board (IRAB) 2018 to October 2021 (serve as member for member-at-large). Craig Lauritzen Infrastructure Review Advisory Reappointed for a term from Board (IRAB) October 2018 to October 2021 (serve as alternate for engineering consultants). Erik Nelson Public Transit Advisory Board Appointed for a term from October 2018 to October 2021 (to replace Erik Gaikowski). Allen Svennes Public Transit Advisory Board Appointed for a term from October 2018 to October 2021 (to replace Megan Myers). Date adopted: 10/15/18 . Paul TenHaken Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Christine M. Erickson and seconded by Council Member Pat Starr to adjourn at 9:34 p.m. Mayor Paul TenHaken called for a voice vote. All members voted yes. Motion Passed. Thomas M. 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