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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 18, 2018

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, December 18, 2018 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Curt Soehl, Council Member Pat Starr, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 11, 2018  City Council Meeting of Tuesday, December 11, 2018 COMMUNICATIONS 6. Approval of contracts/agreements on the December 14, 2018, memo. 7. Approval of the notice of change orders on the December 14, 2018, memo. 8. A memorandum dated November 30, 2018, declaring surplus property 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: December 4, 2018; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil ($2.6775 #1 Clear Diesel) and ($2.2975 #2 Clear Diesel); CHS, Inc., Harms Oil, Petroleum Traders, and Midwest Oil, all no bid. Bid awarded to: Howes Oil Co Inc. 10. Report of Requests for Quotes for Fuel dated: December 10, 2018; Unleaded Ethanol (8,500 Gallons); Harms Oil ($1.7753); Stern Oil ($1.8163); CHS, Inc., Midway Service, Cole’s Petroleum, Howes Oil, and Olson Oil: all no bid. Bid awarded to: Harms Oil. 11. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the following individuals the SIOUXPERHERO citizen recognition award: Cathy Anderson and Dave Fox. APPLICATIONS 12. Special One-Day Liquor license for Washington Pavilion of Arts and Sciences, 301 South Main Avenue, for special events on January 8 and 17, 2019. 13. Renewal of 2019 Retail Wine License for Hibir Ethiopia Restaurant, 323 North West Avenue. 14. Renewal of 2019 Retail Wine License for Southeastern Hair Design and Day Spa, 1216 East 57th Street. NOTICE OF HEARINGS 15. Set a date of hearing for Wednesday, January 2, 2019. Transfer of 2018-19 Retail Malt Beverage and SD Farm Wine License, including video lottery terminals, from Kings Casino, 721 West 11th Street, to Kings Casino, 4110 West Maple, Suite 106. 16. Set a date of hearing for Wednesday, January 2, 2019. Transfer of 2018-19 Retail Malt Beverage and SD Farm Wine License, including video lottery terminals, from Julia Foltz, The Log Cabin, to JD3 LLC, The Log Cabin, 1515 West Burnside Street. 17. Set a date of hearing for Wednesday, January 2, 2019. New 2018-19 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine Licenses for Americinn of Sioux Falls North, 3300 West Russell Street. 18. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Liquor License for JJ’s Wines, Spirits and Cigars to be operated at 2335 East 60th Street North, for a special event on January 4, 2019. 19. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Malt Beverage and Wine Licenses for Stockyards Ag Experience, 309 East Falls Park Drive, for a special event on January 22, 2019. 20. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Malt Beverage and Wine Licenses for R Wine Bar to be operated at 324 E 8th Street, for a special event on January 26, 2019. 21. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Malt Beverage and Wine Licenses for Chef Dominique’s Catering to be operated at 205 East 6th Street, for a special event on April 4, 2019. REGULAR AGENDA 22. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 23. PUBLIC INPUT Dwaine Schipper spoke about City water and wastewater rates. Sandra Reynolds spoke about redefining license categories and the licensing process. Bruce Danielson spoke about issues with video streaming, video-recording Parks Board meetings, the City-County auction, and his collection of 4,000 City videos. Steven Siano spoke about the ongoing transit study and his recommended improvements to the transit system downtown. Tim Stenga spoke about a ride-along he did with the Development Services Manager. Sierra Broussard spoke about crime. Darryl Solberg spoke about paying for security during the President's recent visit. UNFINISHED BUSINESS 24. Transfer of 2019 Retail Liquor License from Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, to Village River Group LLC, Village on the River, 140 East 10th Street, effective on January 7, 2019. (CUP not required). Pending final inspections per Fire, Health and Building Services. 25. New 2018-19 Retail Malt Beverage License for Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, effective January 7, 2019 (CUP not required). 26. Request to include video lottery terminals with the new 2018-19 Retail Malt Beverage License for Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, effective January 7, 2019. 27. New 2019 Retail Wine License for Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, effective January 7, 2019 (CUP not required). 28. Special One-Day Malt Beverage and One-Day Wine licenses for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for a networking event on January 17, 2019. 29. Special One-Day Liquor License for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for a fundraiser on February 8, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 24 through 29. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 30. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE OPERATION OF E-BICYCLES IN THE SAME MANNER AS BICYCLES AND TO PROVIDE FOR CERTAIN PEDESTRIAN MOVEMENTS AT CONTROLLED INTERSECTIONS. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt said Ordinance No. 118-18. A motion was made by Council Member Starr and seconded by Council Member Stehly to amend Sections 1 & 8 by replacing the E-Bicycle definitions with the following: E-BICYCLE. A wheeled conveyance having a saddle and fully operable pedals for human propulsion; and two tandem wheels or two parallel wheels and one forward wheel, and two of which are not less than twelve (12) inches in diameter that is designed to be operated by human power with the assistance of an electric motor that has a power output of not more than seven hundred fifty (750) watts that: (i) Is capable of propelling the wheeled conveyance at a speed of no more than twenty (20) miles per hour with or without peddling; and, (ii) Disengages or ceases to function when the brakes are applied. Roll call vote to amend. 2 Yes: Starr, Stehly; 6 No: Soehl, Brekke, Erickson, Kiley, Neitzert, Selberg. Motion Failed. Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 31. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF N. MARION RD. AND W. 5TH ST. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 9453-2018, 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 Selberg and seconded by Council Member Starr to set a date of 2nd Reading for Wednesday, January 2, 2019. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley excused himself from the meeting for the discussion and vote on this item. 32. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 414 S. LYNDALE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9541-2018, 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 Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, January 2, 2019. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley excused himself from the meeting for the discussion and vote on this item. 33. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 69TH ST. AND BAHNSON AVE. FROM THE O OFFICE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 9571-2018, 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 Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Wednesday, January 2, 2019. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley excused himself from the meeting for the discussion and vote on this item. 34. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 14TH ST. AND S. 6TH AVE. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9575-2018, 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 Neitzert and seconded by Council Member Erickson to set a date of 2nd Reading for Wednesday, January 2, 2019. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 35. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING CONTRACT FOR POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt said Resolution No 114-18. Roll call vote to adopt. 6 Yes: Soehl, Brekke, Erickson, Kiley, Neitzert, Selberg; 2 No: Starr, Stehly. Motion Passed. RESOLUTION NO. 114-18 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING CONTRACT FOR POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City of Sioux Falls, SD, and Lodge No. 1 L.C., Sioux Falls Fraternal Order of Police have bargained in good faith in their attempts to reach an agreement providing for the terms and conditions of employment for all Police Officers and Police Sergeants. 2. That South Dakota Law states that a public employer can unilaterally impose an employment contract based on its last best offer to a collective bargaining unit. 3. That the City of Sioux Falls, SD, last best offer to Lodge No. 1 L.C., Sioux Falls Fraternal Order of Police is contained in the attached Collective Bargaining Contract. 4. That the Collective Bargaining Contract between the City of Sioux Falls and Lodge No. 1 L.C., Sioux Falls Fraternal Order of Police, providing for terms and conditions of employment for all Police Officers and Police Sergeants for the period from January 11, 2019, through December 31, 2020, is hereby approved by the City Council. 5. The Collective Bargaining Contract shall become effective January 11, 2019. Date adopted: 12/18/18 . Paul TenHaken, Mayor ATTEST: Thomas M. Greco, City Clerk 36. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 9031- 2018—22nd St. and Ellis Rd.) A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt said Resolution No. 115-18. Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 115-18 ANNEXATION 9031-2018—22nd St. and Ellis Rd. 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 either access to the major street network along 22nd St. or the area is part of the major street network. 4. Sewer is currently at the site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals set forth above are hereby made part of this resolution and incorporated herein as if fully set forth. That the map attached to and part of this resolution entitled “Annexation Area” is hereby approved and incorporated herein as if fully set forth. BE IT FURTHER RESOLVED: That the following described properties 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: W500.92 Feet of the E. 2254.6 Feet of the North 869.5 Feet (Except Tract 1 of Woessner Addition and Except Tract 2 of Pine Knoll Addition) and Tract 1 of Pine Knoll Addition, all in 21-101-50, Minnehaha County, SD. The entire remaining portion of unincorporated North Ellis Road from West 22nd Street to West 26th Street in the SE1/4 of Sections 21 and the SW1/4 of Section 22, Township 101 North, Range 50 West of the 5th PM, Minnehaha County, SD, and adjacent to but not including the following properties: Daggett’s Tract 1 in the SE1/4 of the SE1/4, of Section 21, Township 101 North, Range 50 West of the 5th PM, Minnehaha County, SD; AND The South 132 Feet of the West 301.04 Feet of the East 351.04 Feet of the North 670.5 Feet of the S1/2 of the SE1/4 of Section 21, Township 101 North, Range 50 West of the 5th PM, Minnehaha County, SD; AND Tract 1 of TM Schultz Addition in the SE1/4 of Section 21, Township 101 North, Range 50 West of the 5th PM, Minnehaha County, SD; AND The SW1/4 of the SW1/4, Except County Auditor’s Lots H-1, H-2, H-3, H-4, 5, & Except Discovery Park Addition contained therein, of Section 22, Township 101 North, Range 50 West of the 5th PM, 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: 12/18/18 . Paul TenHaken, Mayor ATTEST: Thomas M. Greco, City Clerk 37. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2019 STATE LEGISLATIVE SESSION. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt said Resolution No. 116-18. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by striking Priority Item 12. Roll call vote to amend. 4 Yes: Starr, Stehly, Brekke, Neitzert; 4 No: Soehl, Erickson, Kiley, Selberg. The Mayor broke the tie by voting No. Motion Failed. A motion was made by Council Member Starr and seconded by Council Member Stehly to amend by adding the following as No. 13: The Sioux Falls City Council supports legislation to examine or implement drivers' license testing in languages other than English. A pilot program or a summer study would help enumerate costs and challenges. As one of only a few states that have not yet implemented multi-language tests, we hamper our workforce development efforts. Roll call vote to amend. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Starr and seconded by Council Member Stehly to amend by adding the following as No. 14: The Sioux Falls City Council places a high priority on safeguarding and conserving both the quality and quantity of our area’s natural amenities. Government, in partnership with business, should share responsibility in conserving, enhancing, and protecting our water quality, air quality, and land. Given the substantial public and private investments to develop the river greenway, and the potential to develop a first-class amenity in our community, strategies to support a clean-up of the Big Sioux and its tributaries should be identified and implemented. Roll call vote to amend. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Starr and seconded by Council Member Stehly to amend by adding the following as No. 15: The Sioux Falls City Council understands the growing diversity of our state's population and we embrace the opportunities that this diversity provides for a culturally and talent-rich community. We will work with the Governor, the Legislature, state agencies and elected officials to develop efforts to engage and include all individuals. Legal immigration and refugee resettlement are proven and vital strategies to combat workforce shortages. We will also oppose initiatives which inappropriately sanction or discriminate against individuals or groups. Roll call vote to amend. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Roll call vote to adopt, as amended. 7 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 116-18 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2019 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; WHEREAS, the Sioux Falls City Council serves on the South Dakota Municipal League’s policy committees and supports the League’s 2019 Statements of Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports a reliable statewide emergency radio system that allows users across the state to communicate within and outside of their agencies. In order to sustain this capability and enhance operations locally, statewide, amongst other states, and with federal agencies, the City Council supports state funding initiatives to upgrade the statewide system to the national standard for public safety communications utilized by both federal and state governments known as Project 25 (P25). 2. The Sioux Falls City Council supports legislation allowing alternative publication options for local government. 3. The Sioux Falls City Council supports legislation providing county commissions the option to reduce the number of official newspapers to one. 4. The Sioux Falls City Council supports legislation that expands workforce housing opportunities in South Dakota. 5. The Sioux Falls City Council supports legislation to allow a local option, a gross receipts tax on alcoholic beverages, to fund county services. 6. The Sioux Falls City Council supports tax increment financing (TIF), an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. 7. The Sioux Falls City Council supports legislation that provides funding for drug and alcohol education, intervention, and treatment programs. 8. The Sioux Falls City Council supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. 9. The Sioux Falls City Council supports efforts to eliminate double taxation on public projects through the state use and contractor’s excise taxes. 10. The Sioux Falls City Council supports state funding for human service agency transportation to offset the costs to local public and nonprofit transportation systems. 11. The Sioux Falls City Council supports state funding initiatives to mitigate the emerald ash borer infestation. 12. The Sioux Falls City Council supports eliminating presumptive probation for Class 5 and 6 felonies as it relates to controlled substances. 13. The Sioux Falls City Council supports legislation to examine or implement drivers' license testing in languages other than English. A pilot program or a summer study would help enumerate costs and challenges. As one of only a few states that have not yet implemented multi-language tests, we hamper our workforce development efforts. 14. The Sioux Falls City Council places a high priority on safeguarding and conserving both the quality and quantity of our area’s natural amenities. Government, in partnership with business, should share responsibility in conserving, enhancing, and protecting our water quality, air quality, and land. Given the substantial public and private investments to develop the river greenway, and the potential to develop a first-class amenity in our community, strategies to support a clean-up of the Big Sioux and its tributaries should be identified and implemented. 15. The Sioux Falls City Council understands the growing diversity of our state’s population and we embrace the opportunities that this diversity provides for a culturally and talent-rich community. We will work with the Governor, the Legislature, state agencies, and elected officials to develop efforts to engage and include all individuals. Legal immigration and refugee resettlement are proven and vital strategies to combat workforce shortages. We will also oppose initiatives which inappropriately sanction or discriminate against individuals or groups. Date adopted: 12/18/18 . Paul TenHaken, Mayor ATTEST: Thomas M. Greco, City Clerk 38. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Stehly and seconded by Council Member Starr to adopt said Resolution No. 117-18. Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 117-18 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 Mark Sivertson Employee’s Retirement System Appointed for a term from Board of Trustees January 2019 to January 2022 (to replace Angeline Lavin). Angeline Lavin Firefighter’s Pension Fund Appointed for a term from Board of Trustees January 2019 to January 2022 (to replace Mark Sivertson). Mike Begeman Parks and Recreation Board Appointed for a term from January 2019 to June 2022 (to fill the unexpired term of Jason Reisdorfer). George Hamilton Property Maintenance Board of Reappointed for a term from Appeals January 2019 to January 2022. Richard Scott Property Maintenance Board of Reappointed for a term from Appeals January 2019 to January 2022. Paul Hegg Sioux Falls Convention and Appointed for a term from Visitors Bureau Business January 2019 to April 2020 (to Improvement District (BID) fill the unexpired term of Board of Directors Steve Westra). Greg Jamison Sioux Falls Convention and Appointed for a term from Visitors Bureau Business January 2019 to April 2020 (to Improvement District (BID) fill the unexpired term of Paul Board of Directors Schiller). Gregory Bertsch Solid Waste Planning Board Reappointed for a term from January 2019 to January 2022. Doug Swenson Solid Waste Planning Board Reappointed for a term from January 2019 to January 2022. Date adopted: 12/18/18 . Paul TenHaken, Mayor ATTEST: Thomas M. Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Starr to adjourn at 9:44 p.m. Voice vote to adjourn. Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, December 18, 2018 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Curt Soehl Council Member Pat Starr 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 Mayor Paul TenHaken 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, December 11, 2018  Informational Meeting of Tuesday, December 11, 2018 COMMUNICATIONS 6. Approval of contracts/agreements on the December 14, 2018, memo. 7. Approval of the notice of change orders on the December 14, 2018, memo. 8. A memorandum dated November 30, 2018, declaring surplus property 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: December 4, 2018; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil ($2.6775 #1 Clear Diesel) and ($2.2975 #2 Clear Diesel); CHS, Inc., Harms Oil, Petroleum Traders, and Midwest Oil, all no bid. Bid awarded to: Howes Oil Co Inc. 10. Report of Requests for Quotes for Fuel dated: December 10, 2018; Unleaded Ethanol (8,500 Gallons); Harms Oil ($1.7753); Stern Oil ($1.8163); CHS, Inc., Midway Service, Cole’s Petroleum, Howes Oil, and Olson Oil: all no bid. Bid awarded to: Harms Oil. 11. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the following individuals the SIOUXPERHERO citizen recognition award: Cathy Anderson and Dave Fox. APPLICATIONS 12. Special One-Day Liquor license for Washington Pavilion of Arts and Sciences, 301 South Main Avenue, for special events on January 8 and 17, 2019. 13. Renewal of 2019 Retail Wine License for Hibir Ethiopia Restaurant, 323 North West Avenue. 14. Renewal of 2019 Retail Wine License for Southeastern Hair Design and Day Spa, 1216 East 57th Street. NOTICE OF HEARINGS 15. Set a date of hearing for Wednesday, January 2, 2019. Transfer of 2018-19 Retail Malt Beverage and SD Farm Wine License, including video lottery terminals, from Kings Casino, 721 West 11th Street, to Kings Casino, 4110 West Maple, Suite 106. 16. Set a date of hearing for Wednesday, January 2, 2019. Transfer of 2018-19 Retail Malt Beverage and SD Farm Wine License, including video lottery terminals, from Julia Foltz, The Log Cabin, to JD3 LLC, The Log Cabin, 1515 West Burnside Street. 17. Set a date of hearing for Wednesday, January 2, 2019. New 2018-19 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine Licenses for Americinn of Sioux Falls North, 3300 West Russell Street. 18. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Liquor License for JJ’s Wines, Spirits and Cigars to be operated at 2335 East 60th Street North, for a special event on January 4, 2019. 19. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Malt Beverage and Wine Licenses for Stockyards Ag Experience, 309 East Falls Park Drive, for a special event on January 22, 2019. 20. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Malt Beverage and Wine Licenses for R Wine Bar to be operated at 324 E 8th Street, for a special event on January 26, 2019. 21. Set a date of hearing for Wednesday, January 2, 2019. Special One-Day Malt Beverage and Wine Licenses for Chef Dominique’s Catering to be operated at 205 East 6th Street, for a special event on April 4, 2019. REGULAR AGENDA 22. APPROVAL OF THE REGULAR AGENDA 23. PUBLIC INPUT UNFINISHED BUSINESS 24. Transfer of 2019 Retail Liquor License from Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, to Village River Group LLC, Village on the River, 140 East 10th Street, effective on January 7, 2019. (CUP not required). Pending final inspections per Fire, Health and Building Services. 25. New 2018-19 Retail Malt Beverage License for Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, effective January 7, 2019 (CUP not required). 26. Request to include video lottery terminals with the new 2018-19 Retail Malt Beverage License for Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, effective January 7, 2019. 27. New 2019 Retail Wine License for Nelson Landing Inc., Falls Landing Bar & Grill, 200 East Eighth Street, effective January 7, 2019 (CUP not required). 28. Special One-Day Malt Beverage and One-Day Wine licenses for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for a networking event on January 17, 2019. 29. Special One-Day Liquor License for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for a fundraiser on February 8, 2019. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 30. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE OPERATION OF E-BICYCLES IN THE SAME MANNER AS BICYCLES AND TO PROVIDE FOR CERTAIN PEDESTRIAN MOVEMENTS AT CONTROLLED INTERSECTIONS. ORDINANCE FIRST READINGS 31. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF N. MARION RD. AND W. 5TH ST. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 9453-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). 32. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 414 S. LYNDALE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9541-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). 33. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 69TH ST. AND BAHNSON AVE. FROM THE O OFFICE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 9571-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). 34. Set a date of 2nd Reading for Wednesday, January 2, 2019. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 14TH ST. AND S. 6TH AVE. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9575-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0). HEARINGS AND RESOLUTIONS 35. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING CONTRACT FOR POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. 36. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 9031- 2018—22nd St. and Ellis Rd.) 37. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2019 STATE LEGISLATIVE SESSION. 38. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. NEW BUSINESS ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK,S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. 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. PUBLIC INPUT IS ALLOWED FOR ANY ITEM ON THE REGULAR AGENDA. NOTWITHSTANDING THE PRECEDING SENTENCE, THE PUBLIC INPUT PORTION AT THE START OF A CITY COUNCIL MEETING SHALL LAST NO MORE THAN 30 MINUTES AND WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE REGULAR AGENDA ITEMS APPEARING LATER IN THE AGENDA AS PUBLIC INPUT WILL BE RECEIVED WHEN THAT ITEM IS UP FOR DISCUSSION. PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME AND UNLESS FURTHER TIME IS GRANTED BY THE COUNCIL, SHALL BE LIMITED TO THREE MINUTES.

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