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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 4, 2019

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Minutes

MINUTES Regular City Council Meeting Monday, February 4, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Janet Brekke, Mayor Paul TenHaken Absent: Council Member Pat Starr, Council Member Theresa Stehly 1. MEETING ROLL CALL 2. INVOCATION  Pastor Daniel Brunz, City Church 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 15, 2019  City Council Meeting of Tuesday, January 15, 2019  Informational Meeting of Tuesday, January 22, 2019  Joint City Council/Lincoln County Commissioner Meeting of Tuesday, January 22, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the February 1, 2019, memo. 7. Notice of change orders on the February 1, 2019, memo. 8. A communication was received from Avera McKennan requesting permission to consume, but not sell, beer and wine, at the Avera Prairie Center, 1000 E. 23rd St., on February 8, 2019, from 4 p.m. to 7 p.m., pursuant to SDCL 35-1-5.5, for a retirement party. 9. A communication was received from the Lunar Fest requesting permission to consume, but not sell, beer, wine and liquor at the Lunar Festival at the Active Generations Center, 2300 W. 46th St., from 5 p.m. to 11:30 p.m., on February 9, 2019. 10. Report of Requests for Quotes for Fuel dated: January 14, 2019; Unleaded Ethanol (711 Gallons), #1 Dyed Diesel (3,750 Gallons), #2 Dyed Diesel (3,750 Gallons), #1 Clear Diesel (308 Gallons), and #2 Clear Diesel (308 Gallons); Midway Service ($1.7170 for Unleaded Ethanol, $2.1185 for #1 Dyed Diesel, $1.8560 for #2 Dyed Diesel, $2.4650 for #1 Clear Diesel, and $2.2025 for #2 Clear Diesel); Cole’s Petroleum (No Bid for Unleaded Ethanol, $2.1310 for #1 Dyed Diesel, $1.8685 for #2 Dyed Diesel, No Bid for #1 Clear Diesel, and No Bid for #2 Clear Diesel); Howes Oil ($1.7270 for Unleaded Ethanol, $2.1550 for #1 Dyed Diesel, $1.8925 for #2 Dyed Diesel, $2.5050 for #1 Clear Diesel, and $2.2125 for #2 Clear Diesel); CHS, Inc. (No Bid for Unleaded Ethanol, $2.2000 for #1 Dyed Diesel, $1.9450 for #2 Dyed Diesel, $2.4800 for #1 Clear Diesel, and $2.2200 for #2 Clear Diesel) Harms Oil, Stern Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 15, 2019; 8,498 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil ($2.3950 for #1 Clear Diesel and $2.1325 for #2 Clear Diesel); Harms Oil ($2.3981 for #1 Clear Diesel and $2.1425 for #2 Clear Diesel); CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 12. Report of Requests for Quotes for Fuel dated: January 16, 2019; 8,500 Gallons of Unleaded Ethanol; Cole’s Petroleum ($1.6650); CHS, Inc. ($1.7000); Howes Oil, Midway Service, Harms Oil, Stern Oil and Olson Oil, all no bid. Bid awarded to Cole’s Petroleum. 13. Report of Requests for Quotes for Fuel dated: January 18, 2019; 4,000 Gallons of Unleaded Ethanol, 5,750 Gallons of #1 Dyed Diesel and 5,750 Gallons of #2 Dyed Diesel; Midway Service ($1.688 for Unleaded Ethanol, $2.1145 for #1 Dyed Diesel and $1.8855 for #2 Dyed Diesel); Cole’s Petroleum, Howes Oil, CHS, Harms Oil, Stern Oil & Olson Oil, all no bid. Bid awarded to Midway Service. 14. Report of Requests for Quotes for Fuel dated: January 22, 2019; 920 Gallons of DEF; Midway Service ($0.9750); Howes Oil ($1.0950); Coles Petroleum, Harms Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 15. Report of Requests for Quotes for Fuel dated: January 23, 2019; Unleaded Ethanol (3,000 Gallons), #1 Dyed Diesel (2,500 Gallons), #2 Dyed Diesel (2,500 Gallons); Farstad Oil ($1.6760 for Unleaded Ethanol, $2.1820 for #1 Dyed Diesel, and $1.9190 for #2 Dyed Diesel); Cole’s Petroleum ($1.6981 for Unleaded Ethanol, $2.1774 for #1 Dyed Diesel, and $1.9103 for #2 Dyed Diesel); Stern Oil ($1.7221 for Unleaded Ethanol, $2.1900 for #1 Dyed Diesel, and $1.9700 for #2 Dyed Diesel); Midway Service, Harms Oil, Howes Oil, CHS Inc., and Olson, all no bid. Bid awarded to: Farstad Oil. 16. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 25, 2019; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil ($2.4415 for #1 Clear Diesel and $2.197 for #2 Clear Diesel); Harms Oil. ($2.4187 for #1 Clear Diesel and $2.1775 for #2 Clear Diesel); CHS, Inc. ($2.4499 for #1 Clear Diesel and $2.2299 for #2 Clear Diesel); Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 17. Report of Requests for Quotes for Fuel dated: January 28, 2019; Unleaded Ethanol (8,500 Gallons), #1 Dyed Diesel (3,750 Gallons), and #2 Dyed Diesel (3,750 Gallons); Midway Service ($1.6279 for Unleaded, $2.1106 for #1 Dyed Diesel and $1.8865 for #2 Dyed Diesel); Cole’s Petroleum ($1.6417 for Unleaded, $2.1425 for #1 Dyed Diesel and $1.9025 for #2 Dyed Diesel); Farstad Oil ($1.7210 for Unleaded, $2.2310 for #1 Dyed Diesel and $1.9480 for #2 Dyed Diesel); Harms Oil ($1.6396 for Unleaded, $2.1160 for #1 Dyed Diesel and $1.8985 for #2 Dyed Diesel). Howes Oil, Stern Oil, CHS Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, February 19, 2019. New 2019 Retail Wine and Cider License for Johnny Carinos, 2310 South Louise Avenue. 19. Set a date of hearing for Tuesday, February 19, 2019. New 2018-19 Retail Malt Beverage and SD Farm Wine License, requesting off-sale use only, for Fleet Farm Fuel, 3705 North Northview Avenue (CUP not required). 20. Set a date of hearing for Tuesday, February 19, 2019. New 2018-19 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider Licenses, requesting off- sale use only, for Fleet Farm, 3035 West Fleet Street (CUP not required). 21. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage Licenses for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue, for History Happy Hour Programs on February 21, April 25 and May 30, 2019. 22. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at Sioux Falls State Theatre, 316 South Phillips Avenue, for an annual meeting on February 26, 2019. 23. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls History Club, 728 South Phillips Avenue, for a Mardi Gras celebration on March 5, 2019. 24. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a St. Patrick’s celebration on March 16, 2019. 25. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage License for Sisters of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for a fundraiser on May 11, 2019. REGULAR AGENDA 26. 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. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 27. PUBLIC INPUT Jannelle Cain spoke in opposition to the proposed vacation of Elmwood Ave. and discussed communications she had with the City and Lifescape. Robert Gerrigan spoke in opposition to the proposed vacation of Elmwood Ave. and the impacts it could have on traffic in the neighborhood. Joan Restoffer spoke in opposition to the proposed vacation of Elmwood Ave. and impacts it could have in the years ahead. UNFINISHED BUSINESS 28. New 2019 Retail Wine License, requesting off-sale use only, for Smallcakes Cupcakery and Creamery, 2400 South Marion Road, Suite 130. 29. New 2019 Retail Wine License for Ode to Food and Drinks, 300 North Cherapa Place, Suite 102. 30. Transfer of 2019 Retail Wine and Cider and 2018-19 Retail Malt Beverage and SD Farm Wine Licenses from Bros Brasserie Americano to Fernson Taphouse LLC, 332/334 South Phillips Avenue. Pending final inspection per Health. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Boys and Girls Clubs of the Sioux Empire to be operated at 8th & Railroad Parking Lot, 401 East 8th Street, for a special event on February 9, 2019. 32. Special One-Day Malt Beverage and Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for special events on February 23 and 28, April 28 and June 27, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Items 28 through 32. Roll call vote to approve. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 14TH ST. AND S. 2ND AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9588-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt said Ordinance No. 9-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 219 S. PRAIRIE AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9663-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt said Ordinance No. 10-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7201 S. CLIFF AVE. FROM THE C-3 COMMERCIAL— COMMUNITY DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 9667-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt said Ordinance No. 11-19 with the condition that the maximum building size in the RE4 form be limited to 45,000 sqft. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4401 W. 62ND ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 9703-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt said Ordinance No. 12-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2301 E. 60TH ST. N. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE S-2 INSTITUTIONAL CAMPUS PLANNED UNIT DEVELOPMENT DISTRICT, PETITION NO. 9710-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt said Ordinance No. 13-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5101 W. 5TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 9711-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt said Ordinance No. 14-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 8109–8217 W. 41ST ST. FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 9716-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt said Ordinance No. 15-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: AUDIT COMMITTEE. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt said Ordinance No. 16-19. A motion was made by Council Member Brekke and seconded by Council Member Erickson to amend Item 40 by adding ", and the Conflicts of Interest of Officers and Employees set forth in Chapter 35 of this Code" to the end of 32.023(c). Roll call vote to amend. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 41. A RESOLUTION REPEALING RESOLUTION NO. 11-13 WHICH ADOPTED THE INTERNAL AUDIT CHARTER, AS AMENDED. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt said Resolution No. 8-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 8-19 A RESOLUTION REPEALING RESOLUTION NO. 11-13 WHICH ADOPTED THE INTERNAL AUDIT CHARTER, AS AMENDED. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Resolution No. 11-13 entitled “A Resolution Adopting the Internal Audit Charter for the City, as Amended” is hereby repealed. Date adopted: 02/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 42. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 115-18. ANNEXATION 9031- 2018—22nd St. and Ellis Rd. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt said Resolution No. 9-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 9-19 ANNEXATION 9031-2018—22nd St. and Ellis Rd. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 115-18. WHEREAS, on December 18, 2018, the City Council of the City of Sioux Falls adopted Resolution No. 115-18 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 115-18 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 115-18 hereby is amended to read as follows: That the following described properties hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory: West 500.92 Feet of the East 2254.6 Feet of the North 869.5 Feet in the SW1/4 of the SE1/4 (Except Tract 1 of Woessner Addition in the S1/2 of the SE1/4 and Except Tract 2 of Pine Knoll Addition in the S1/2 of the SE1/4) all in Section 21, Township 101 N, Range 50 W of the 5th P.M., Minnehaha County, SD; AND Tract 1 of Pine Knoll Addition, in the S1/2 of the SE1/4 of Section 21, Township 101 N, Range 50 W of the 5th P.M., Minnehaha County, SD. The entire remaining portion of unincorporated North Ellis Rd. from West 22nd St. to West 26th St. in the SE1/4 of Section 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: 02/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt said Resolution No. 10-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 10-19 A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. WHEREAS, the City has attempted by reasonable means to collect the outstanding accounts receivable on the below-listed accounts; and WHEREAS, the City considers the accounts outstanding for more than one year to be “uncollectible” for purposes of disclosing on the financial statements of the City; and WHEREAS, the City may continue efforts to collect such “uncollectible” debt; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it hereby authorizes the removal of the following accounts as uncollectible and authorizes the disclosure of the same on the annual financial reports: Property Damage Customer No. Customer Name Reason Amount 1536/5713 Cameron J. Klinkel Court Ordered Restitution $6,377.38 2182/10317 Bryon Momotic Court Ordered Restitution $8,442.80 Housing Program Customer No. Customer Name Reason Amount N1042/N1042A Confidential Insurance Settlement $11,478.16 N1011/N1011A Confidential Foreclosure $23,807.00 CH371/HH371 Confidential Bankruptcy $5,962.50 Date adopted: 02/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt said Resolution No. 11-19. Roll call vote to adopt. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 11-19 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 Beth Roesler Civil Service Board Appointed for a term from January 2019 to June 2022 (to fill the unexpired term of Sandra Hoglund-Hanson). Anny Libengood Commission on Human Appointed for a term from Relations January 2019 to May 2021 (to fill the unexpired term of Sunny Holtz). Bennett Kyte Employee’s Retirement Appointed for a term from System Board of Trustees January 2019 to December 2022 (to replace Lon Tiggelaar). Brian Jackson Infrastructure Review Advisory Appointed for a term from Board January 2019 to December 2022. (Serve as HBA alternate.) Benjamin White Infrastructure Review Advisory Appointed for a term from Board January 2019 to December 2022. (Serve as engineering consultant member.) Katrin Profilet Main Street Business Appointed for a term from Improvement District Board January 2019 to December 2022 (to replace Lyle Pudwill). Anita Wetsch Main Street Business Appointed for a term from Improvement District Board January 2019 to December 2022 (to replace Dave Syverson). Heath Kooiman Sioux Falls Housing and Appointed for a term from Redevelopment Commission January 2019 to December 2024 (to replace Jeremy Keckler). James Wiederrich Sioux Falls Housing and Reappointed for a term from Redevelopment Commission January 2019 to December 2024. Date adopted: 02/04/19 . Paul TenHaken, Mayor ATTEST: Thomas 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) 45. REPORT OF THE DECEMBER 31, 2018, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Soehl to adjourn at 7:42 p.m. Voice vote to adjourn. Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA Regular City Council Meeting Monday, February 4, 2019 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 Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Council Member Janet Brekke Mayor Paul TenHaken 2. INVOCATION  Pastor Daniel Brunz, City Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 15, 2019  City Council Meeting of Tuesday, January 15, 2019  Informational Meeting of Tuesday, January 22, 2019  Joint City Council/Lincoln County Commissioner Meeting of Tuesday, January 22, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the February 1, 2019, memo. 7. Notice of change orders on the February 1, 2019, memo. 8. A communication was received from Avera McKennan requesting permission to consume, but not sell, beer and wine, at the Avera Prairie Center, 1000 E. 23rd St., on February 8, 2019, from 4 p.m. to 7 p.m., pursuant to SDCL 35-1-5.5, for a retirement party. 9. A communication was received from the Lunar Fest requesting permission to consume, but not sell, beer, wine and liquor at the Lunar Festival at the Active Generations Center, 2300 W. 46th St., from 5 p.m. to 11:30 p.m., on February 9, 2019. 10. Report of Requests for Quotes for Fuel dated: January 14, 2019; Unleaded Ethanol (711 Gallons), #1 Dyed Diesel (3,750 Gallons), #2 Dyed Diesel (3,750 Gallons), #1 Clear Diesel (308 Gallons), and #2 Clear Diesel (308 Gallons); Midway Service ($1.7170 for Unleaded Ethanol, $2.1185 for #1 Dyed Diesel, $1.8560 for #2 Dyed Diesel, $2.4650 for #1 Clear Diesel, and $2.2025 for #2 Clear Diesel); Cole’s Petroleum (No Bid for Unleaded Ethanol, $2.1310 for #1 Dyed Diesel, $1.8685 for #2 Dyed Diesel, No Bid for #1 Clear Diesel, and No Bid for #2 Clear Diesel); Howes Oil ($1.7270 for Unleaded Ethanol, $2.1550 for #1 Dyed Diesel, $1.8925 for #2 Dyed Diesel, $2.5050 for #1 Clear Diesel, and $2.2125 for #2 Clear Diesel); CHS, Inc. (No Bid for Unleaded Ethanol, $2.2000 for #1 Dyed Diesel, $1.9450 for #2 Dyed Diesel, $2.4800 for #1 Clear Diesel, and $2.2200 for #2 Clear Diesel) Harms Oil, Stern Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 15, 2019; 8,498 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil ($2.3950 for #1 Clear Diesel and $2.1325 for #2 Clear Diesel); Harms Oil ($2.3981 for #1 Clear Diesel and $2.1425 for #2 Clear Diesel); CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 12. Report of Requests for Quotes for Fuel dated: January 16, 2019; 8,500 Gallons of Unleaded Ethanol; Cole’s Petroleum ($1.6650); CHS, Inc. ($1.7000); Howes Oil, Midway Service, Harms Oil, Stern Oil and Olson Oil, all no bid. Bid awarded to Cole’s Petroleum. 13. Report of Requests for Quotes for Fuel dated: January 18, 2019; 4,000 Gallons of Unleaded Ethanol, 5,750 Gallons of #1 Dyed Diesel and 5,750 Gallons of #2 Dyed Diesel; Midway Service ($1.688 for Unleaded Ethanol, $2.1145 for #1 Dyed Diesel and $1.8855 for #2 Dyed Diesel); Cole’s Petroleum, Howes Oil, CHS, Harms Oil, Stern Oil & Olson Oil, all no bid. Bid awarded to Midway Service. 14. Report of Requests for Quotes for Fuel dated: January 22, 2019; 920 Gallons of DEF; Midway Service ($0.9750); Howes Oil ($1.0950); Coles Petroleum, Harms Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 15. Report of Requests for Quotes for Fuel dated: January 23, 2019; Unleaded Ethanol (3,000 Gallons), #1 Dyed Diesel (2,500 Gallons), #2 Dyed Diesel (2,500 Gallons); Farstad Oil ($1.6760 for Unleaded Ethanol, $2.1820 for #1 Dyed Diesel, and $1.9190 for #2 Dyed Diesel); Cole’s Petroleum ($1.6981 for Unleaded Ethanol, $2.1774 for #1 Dyed Diesel, and $1.9103 for #2 Dyed Diesel); Stern Oil ($1.7221 for Unleaded Ethanol, $2.1900 for #1 Dyed Diesel, and $1.9700 for #2 Dyed Diesel); Midway Service, Harms Oil, Howes Oil, CHS Inc., and Olson, all no bid. Bid awarded to: Farstad Oil. 16. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 25, 2019; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil ($2.4415 for #1 Clear Diesel and $2.197 for #2 Clear Diesel); Harms Oil. ($2.4187 for #1 Clear Diesel and $2.1775 for #2 Clear Diesel); CHS, Inc. ($2.4499 for #1 Clear Diesel and $2.2299 for #2 Clear Diesel); Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 17. Report of Requests for Quotes for Fuel dated: January 28, 2019; Unleaded Ethanol (8,500 Gallons), #1 Dyed Diesel (3,750 Gallons), and #2 Dyed Diesel (3,750 Gallons); Midway Service ($1.6279 for Unleaded, $2.1106 for #1 Dyed Diesel and $1.8865 for #2 Dyed Diesel); Cole’s Petroleum ($1.6417 for Unleaded, $2.1425 for #1 Dyed Diesel and $1.9025 for #2 Dyed Diesel); Farstad Oil ($1.7210 for Unleaded, $2.2310 for #1 Dyed Diesel and $1.9480 for #2 Dyed Diesel); Harms Oil ($1.6396 for Unleaded, $2.1160 for #1 Dyed Diesel and $1.8985 for #2 Dyed Diesel). Howes Oil, Stern Oil, CHS Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, February 19, 2019. New 2019 Retail Wine and Cider License for Johnny Carinos, 2310 South Louise Avenue. 19. Set a date of hearing for Tuesday, February 19, 2019. New 2018-19 Retail Malt Beverage and SD Farm Wine License, requesting off-sale use only, for Fleet Farm Fuel, 3705 North Northview Avenue (CUP not required). 20. Set a date of hearing for Tuesday, February 19, 2019. New 2018-19 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider Licenses, requesting off- sale use only, for Fleet Farm, 3035 West Fleet Street (CUP not required). 21. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage Licenses for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue, for History Happy Hour Programs on February 21, April 25 and May 30, 2019. 22. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at Sioux Falls State Theatre, 316 South Phillips Avenue, for an annual meeting on February 26, 2019. 23. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls History Club, 728 South Phillips Avenue, for a Mardi Gras celebration on March 5, 2019. 24. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a St. Patrick’s celebration on March 16, 2019. 25. Set a date of hearing for Tuesday, February 19, 2019. Special One-Day Malt Beverage License for Sisters of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for a fundraiser on May 11, 2019. REGULAR AGENDA 26. APPROVAL OF THE REGULAR AGENDA 27. PUBLIC INPUT UNFINISHED BUSINESS 28. New 2019 Retail Wine License, requesting off-sale use only, for Smallcakes Cupcakery and Creamery, 2400 South Marion Road, Suite 130. 29. New 2019 Retail Wine License for Ode to Food and Drinks, 300 North Cherapa Place, Suite 102. 30. Transfer of 2019 Retail Wine and Cider and 2018-19 Retail Malt Beverage and SD Farm Wine Licenses from Bros Brasserie Americano to Fernson Taphouse LLC, 332/334 South Phillips Avenue. Pending final inspection per Health. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Boys and Girls Clubs of the Sioux Empire to be operated at 8th & Railroad Parking Lot, 401 East 8th Street, for a special event on February 9, 2019. 32. Special One-Day Malt Beverage and Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for special events on February 23 and 28, April 28 and June 27, 2019. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 14TH ST. AND S. 2ND AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9588-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 219 S. PRAIRIE AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9663-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7201 S. CLIFF AVE. FROM THE C-3 COMMERCIAL— COMMUNITY DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 9667-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4401 W. 62ND ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 9703-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2301 E. 60TH ST. N. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE S-2 INSTITUTIONAL CAMPUS PLANNED UNIT DEVELOPMENT DISTRICT, PETITION NO. 9710-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5101 W. 5TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 9711-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 8109–8217 W. 41ST ST. FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 9716-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0). 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: AUDIT COMMITTEE. HEARINGS AND RESOLUTIONS 41. A RESOLUTION REPEALING RESOLUTION NO. 11-13 WHICH ADOPTED THE INTERNAL AUDIT CHARTER, AS AMENDED. 42. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 115-18. ANNEXATION 9031- 2018—22nd St. and Ellis Rd. 43. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. 44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. 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) 45. REPORT OF THE DECEMBER 31, 2018, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. 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 TAKEN BOTH GENERALLY AND FOR ANY ITEM ON THE REGULAR AGENDA. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON AND, IN TOTAL, SHALL LAST NO MORE THAN 30 MINUTES. DURING THIS PORTION OF THE MEETING, PERSONS MAY NOT ADDRESS ANY ITEM APPEARING ON THE REGULAR AGENDA. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES.

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