City Council Meeting

MINUTES Regular City Council Meeting Tuesday, July 2, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Mayor Paul TenHaken Absent: Council Member Janet Brekke, Council Member Christine M. Erickson 1. MEETING ROLL CALL 2. INVOCATION  Pastor Ian Rinken, Celebrate Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 18, 2019  City Council Meeting of Tuesday, June 18, 2019  Joint City Council/Minnehaha County Commission Meeting of June 25, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 28, 2019. 7. Notice of change orders on the memorandum dated June 28, 2019. 8. Approval of a request from Ms. April Smythe to consume, but not sell, wine and beer at The History Club, 758 S. Phillips Avenue, on Tuesday, July 27, 2019, for the following purpose: wedding and reception. 9. Approval of a request from Jeffrey Thormodsgard and Cheyenne Chontos to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth St., on Tuesday, August 2, 2019, for the following purpose: wedding reception. 10. Approval of a request from Avera Health to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth St., on Tuesday, August 5, 2019, for the following purpose: Reception, social and dinner. 11. Report of Requests for Quotes for Fuel dated: June 13, 2019; Unleaded Ethanol (600 Gallons); #2 Clear Diesel (500 Gallons); Midway Service ($2.07 Unleaded & $2.30 Diesel); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 12. Report of Requests for Quotes for Fuel dated: June 14, 2019; 8,500 Gallons of Unleaded Ethanol; Midway Service ($1.947); Cole’s Petroleum ($1.954); Farstad Oil ($1.939); Howes Oil, Stern Oil, CHS, Inc., Harms Oil, and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 13. Report of Requests for Quotes for Fuel dated: June 19, 2019; 7,500 Gallons of #2 Dyed Diesel; Stern Oil ($1.9207); Farstad Oil ($1.9155); Cole’s Petroleum ($1.9288); Midway Service, Harms Oil, Howes Oil, CHS, Inc., M.G. Oil and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 14. Report of Requests for Quotes for Fuel dated: June 20, 2019; 7,500 Gallons of #2 Dyed Diesel; Stern Oil ($1.9388); Farstad Oil ($1.9130); Cole’s Petroleum ($1.9325); Midway Service ($1.9504); Harms Oil, Howes Oil, CHS, Inc. ($1.9800); M.G. Oil and Olson Oil, no bid. Bid awarded to: Farstad Oil. 15. Report of Requests for Quotes for Fuel dated: June 21, 2019; 8,500 Gallons of Unleaded Ethanol; Farstad Oil ($2.0760); Cole’s Petroleum ($2.1350); Stern Oil, Midway Service, Harms Oil, Howes Oil, CHS, Inc., M.G. Oil and Olson Oil, all no bid. Bid awarded to: Farstad Oil. APPLICATIONS 16. Renewal of 2019-20 Retail Malt Beverage/SD Farm Wine License for Godfather’s Pizza, 5107 West 41st Street. 17. Renewal of 2019-20 Retail Malt Beverage/SD Farm Wine License for A Perfect Ten Nail & Beauty Bar, 2528 South Lorraine Place. 18. Renewal of 2019-20 Retail Malt Beverage/SD Farm Wine License for Bryant Salon & Spa, 3101 West 41st Street, Suite 113. 19. Special One-Day Liquor Licenses for T Slat, JJ’s Wine, Spirits and Cigars to be operated at the Levitt at the Falls, 504 North Phillips Avenue, for concerts on July 11, 12, 13, 14, 18, 25, 26, 27, 28, and August 1, 2, 3, 4, 8, 9, 10, 2019. The following abatements are recommended for approval by the Minnehaha County Director of Equalization: 20. Lillian E. Fox, 2100 W. Brookings St., Parcel #39857, for 2017 property taxes in the amount of $1,521.18. Reason: Award date of 100% P&T surviving spouse was on 5/29/15. The home was purchased on 7/28/16 and is owner occupied. 21. Lillian E. Fox, 2100 W. Brookings St., Parcel #39857, for 2018 property taxes in the amount of $1,508.00. Reason: Award date of 100% P&T surviving spouse was on 5/29/2015. The home was purchased on 7/28/16 and is owner occupied. 22. Travis Maher, 313 S. Dockside Circle, Parcel #88394, for 2018 property taxes in the amount of $1,702.34. Reason: Award date for 100% P&T was on 12/01/2014. The property was purchased on 4/3/2018 and was owner occupied for the 2018 taxes. NOTICE OF HEARINGS 23. Set a date of hearing for Tuesday, July 16, 2019. New 2019-20 Retail Malt Beverage License for Shalom Coffee House & Restaurant, 1701 E 10th Street, with Conditional Use Permit (4509-2016) being approved in 2016. 24. Set a date of hearing for Tuesday, July 16, 2019. Transfer of 2019 Retail Liquor License from Blackstreet Partners LLC, 2101 West 69th Street, Suite 101, to T180 Development LLC, Tavern 180, 2101 West 69th Street, Suite 107, Conditional Use Permit (9426-2018) being approved on November 7, 2018. 25. Set a date of hearing for Tuesday, July 9, 2019. Transfers of 2019 Retail Wine and Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License from Fuji Sushi & Hibachi of Sioux Falls Inc., 2801 West 41st Street, to Fuji Sushi & Hibachi SD Inc., 2801 West 41st Street (CUP not required). 26. Set a date of hearing for Tuesday, July 16, 2019. Special One-Day Liquor License for IJK Inc, to be operated at the Avera IT parking lot, 212 East 11th Street, for a Teddy Bear Den fundraiser on July 27, 2019. 27. Set a date of hearing for Tuesday, July 16, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Panacea Brewing Company LLC to be operated at 8th & Railroad Shopping Center east parking lot, 401 East 8th Street, for fundraising events on July 19, 20, 26, August 10, and September 27, 28. REGULAR AGENDA 28. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve the Regular Agenda.  Roll call vote to approve. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 29. PUBLIC INPUT David Zokaites spoke about Independence Day and accountability. Sierra Broussard spoke about the hard work done by the Street Crimes Unit. UNFINISHED BUSINESS 30. Transfer of 2019 Retail Wine and Cider License from Ovations Food Services Inc., Orpheum Theatre, 315 North Phillips Avenue, to Washington Pavilion Management Inc., Orpheum Theatre, 315 North Phillips Avenue. 31. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Washington Pavilion Management Inc., Orpheum Theatre, 315 North Phillips Avenue. 32. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Abelardo’s Mexican Food, 1200 South Minnesota Avenue, with Conditional Use Permit (10325-2019) being approved on June 5, 2019. 33. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Covert Artisan Ales, 605 South Watson Avenue, Suite 130 (CUP not required). 34. New 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for 49er, 3501 West 49th Street (CUP not required). 35. New 2019 Retail Wine and Cider License, requesting off-sale use only, for Fleet Farm, 3705 North Northview Avenue (CUP not required). 36. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for The Bonus Round Bar, 127 West 10th Street (CUP not required). 37. Special One-Day Wine License for Butterfly House & Aquarium, 4320 South Oxbow Avenue for an After Dark Experience Tour on July 12, 2019. A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve Items 30 through 37. Roll call vote to approve. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 110: LICENSES TO REMOVE REFERENCE TO GUN DEALERS FROM SEPARATE CONSIDERATION. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Ordinance No. 69-19. Roll call vote to adopt. 5 Yes: Kiley, Neitzert, Selberg, Soehl, Stehly; 1 No: Starr. Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 41ST ST. AND EAST OF S. GRINNELL AVE. FROM THE O OFFICE AND CN CONSERVATION DISTRICTS TO THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN, RCD RESIDENTIAL CLUSTER DEVELOPMENT PLANNED UNIT DEVELOPMENT, AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 10101-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (4-0) with the following conditions: 1. Development in the RD-1 Zoning District be limited to the following forms: AD1 (Attached Dwelling-Suburban Twin Home/Duplex) and AD2 (Attached Dwelling-Suburban Four-Unit Townhome). A motion was made by Council Member Stehly and seconded by Council Member Soehl to adopt Ordinance No. 70-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 510 S. 5TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10261-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 71-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND EAST OF S. BAHNSON AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 10320-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Stehly and seconded by Council Member Soehl to adopt Ordinance No. 72-19.  Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1303 S. PHILLIPS AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10330-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Ordinance No. 73-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1702 S. PHILLIPS AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 10361-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 74-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. CATTAIL DR. AND WEST OF E. RED OAK DR. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 10356-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 75-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 45. 1st Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, July 9, 2019.  A motion was made by Council Member Stehly and seconded by Council Member Soehl to set a date of hearing for Tuesday, July 9, 2019 for Item 45. Roll call vote to set a date of hearing. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Soehl and seconded by Council Member Selberg to adopt Resolution No. 60-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 60-19 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 Lorie Hogstad Library Board of Trustees Appointed for a term from July 2019 to July 2022 (to replace Craig DeJager). Kelly Herrmann Multi-Cultural Center Board of Appointed for a term from July Directors 2019 to May 2020 (to fill the unexpired term of Zebiba Zere). Matthew McQuisten Sioux Falls Regional Appointed for a term from July Emergency Medical Services 2019 to July 2024 (to replace Authority Chad Olson). Date adopted: 07/02/19 . 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) 47. REPORT OF THE JUNE 20, 2019, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Kiley to adjourn the meeting at 7:26 p.m. Voice vote to adjourn. 6 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk