City Council Meeting

MINUTES City Council Meeting Monday, August 5, 2019 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: Council Member Rick Kiley 2. INVOCATION  Pastor Jaimie McNamee, Celebrate 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 Selberg to approve the Consent Agenda. A request was made by Council Member Pat Starr to place sub-items 10 - 17 from Agenda Item 6 on the Regular Agenda for Council discussion (Parks/Recreation; Park Land Acquisition-Offer to Purchase Real Estate; multiple addresses/vendors/amounts). See Agenda Item 6 for action taken. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 16, 2019  City Council Meeting of Tuesday, July 16, 2019  Informational Meeting of Tuesday, July 23, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 2, 2019. A motion was made by Council Member Starr and seconded by Council Member Brekke to approve sub-items 10-17 from Agenda Item 6. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated August 2, 2019. 8. Approval of a request from the Sioux Falls Scottish Rite requesting permission to consume, but not sell, beer and wine at the Sioux Falls Masonic Temple, 520 South 1st Avenue, on September 28, 2019, for the Fall Reunion; November 12, 2019, for the Annual Feast of Tishri; and December 10, 2019 for the Annual Meeting and Installation of 2020 Officers. 9. Approval of a request from Jake Anderson and Kasen Keller to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 West 6th Street, on Tuesday, October 12, 2019, for the following purpose: wedding reception. 10. Approval of a request from Linda McAuliffe to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 West 6th Street, on Tuesday, February 15, 2020, for the following purpose: Mary Alice Smith's 90th birthday. 11. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Rich Merkouris. 12. Report of Requests for Quotes for Fuel dated: July 12, 2019; 900 Gallons of #2 Dyed Diesel; Howes Oil: ($2.089); Stern Oil, CHS, Inc., Farstad Oil, Midway Service, Cole’s Petroleum, Harms Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil. 13. Report of Requests for Quotes for Fuel dated: July 15, 2019; 8,500 Gallons of Unleaded Ethanol; Stern Oil ($2.2323); Farstad Oil ($2.221); Cole’s Petroleum ($2.256); Midway Service ($2.2171); Harms Oil ($2.2014); Howes Oil, CHS, Inc., M.G. Oil, and Olson Oil, all no bid. Bid awarded to: Harms Oil. 14. Report of Requests for Quotes for Fuel dated: July 15, 2019; 650 Gallons of Unleaded Ethanol and 425 Gallons of #2 Clear Diesel; Midway Service ($2.2971 Ethanol and $2.3614 #2 Clear Diesel); Howes Oil ($2.3185 Ethanol and $2.3925 #2 Clear Diesel); Stern Oil, Farstad Oil, Cole’s Petroleum, CHS, Inc., Harms Oil, M.G. Oil and Olson Oil, all no bid. Bid awarded to: Midway Service. 15. Report of Requests for Quotes for Fuel dated: July 18, 2019; 7,500 Gallons of #2 Dyed Diesel; Midway Service: ($1.9149); CHS, Inc. ($1.965); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 16. Report of Requests for Quotes for Fuel dated: July 19, 2019; 8,500 Gallons of Unleaded Ethanol; Midway Service ($2.047); Cole’s Petroleum ($2.0287); Stern Oil ($2.0739); CHS, Inc., Farstad Oil, Howes Oil, Harms Oil, and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 17. Report of Requests for Quotes for Fuel dated: July 22, 2019; Unleaded Ethanol (4,000 Gallons); #2 Dyed Diesel (900 Gallons); Midway Service ($2.0495 Unleaded and $2.01 Diesel); Cole’s Petroleum ($2.0758 Unleaded); Harms Oil ($2.0657 Diesel); Howes Oil ($1.985 Diesel); Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service (Unleaded) & Howes Oil (Diesel). 18. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: July 22, 2019; 9,000 Gallons of #2 Clear Diesel; Harms Oil ($2.2454); CHS, Inc. ($2.26); Parkland USA/SPF Energy Inc./Farstad Oil, Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 19. Report of Requests for Quotes for Fuel dated: July 26, 2019; 7,500 Gallons of #2 Dyed Diesel; Midway Service ($1.9659); Cole’s Petroleum ($1.9687); Farstad Oil ($1.968); Harms Oil ($1.977); Stern Oil, CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Midway Service. 20. Report of Requests for Quotes for Fuel dated: July 29, 2019; 7,500 Gallons #2 Dyed Diesel and 8,500 Gallons of Unleaded Ethanol: Farstad Oil ($1.963 for #2 Diesel and $2.092 for Unleaded); Midway Service ($1.9645 for #2 Diesel and $2.0895 for Unleaded); Howes Oil, CHS, Inc., Stern Oil, M.G. Oil, Harms Oil & Olson Oil all no bid. Bid awarded to Midway Service. APPLICATIONS 21. Renewal of 2019-20 Retail Malt Beverage License for Freedom Value Center, 2601 West 12th Street. 22. Special One-Day Liquor License for Great Bear Recreation Park Inc., 5901 East Rice Street, for a wedding reception on August 17, 2019. The following abatements are recommended for approval by the Minnehaha County Director of Equalization: 23. Parcel #69054, for 2018 property taxes in the amount of $1508.00. Reason: Applicant is 100% P&T Veteran. NOTICE OF HEARINGS 24. Set a date of hearing for Tuesday, August 13, 2019. Special One-Day Liquor Licenses for TSlat Inc., to be operated at Sioux Falls Regional Airport Authority, 2801 Jaycee Lane, for the Sioux Falls Airshow on August 17-18, 2019. 25. Set a date of hearing for Tuesday, August 20, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Agua Fresh, 101 South Phillips Avenue, Suite 101 (CUP not required). 26. Set a date of hearing for Tuesday, August 20, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for The Root Cellar, 701 North Phillips Avenue, Suite 150 (CUP not required). 27. Set a date of hearing for Tuesday, August 20, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Williquors, 3625 West Avera Drive (CUP not required). 28. Set a date of hearing for Tuesday, August 20, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Williquors, 3625 West Avera Drive (CUP not required). 29. Set a date of hearing for Tuesday, August 20, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Sakura Sushi, 2400 South Marion Road, Suite 160 (CUP not required). 30. Set a date of hearing for Tuesday, August 20, 2019. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License and Transfer of 2019 Retail Wine and Cider License from Hydra Beer Company, 2425 South Shirley Avenue, Suite 112, to Lupulin Brewing LLC, Lupulin Brewing Company, 2425 South Shirley Avenue, Suite 112 (CUP not required). 31. Set a date of hearing for Tuesday, August 20, 2019. Transfer of 2019 Package Liquor License from Fareway Stores Inc., Fareway Store #136, 1431 West 41st Street, to Fareway Stores Inc., Fareway Store, 3005 South Hidden Place. 32. Set a date of hearing for Tuesday, August 20, 2019. Transfer of 2019 Retail Liquor License from CR Lloyd Associates, Lloyd Companies, 101 South Reid Street, Suite 201, to Severance Beer LLC, Severance Brewing Company, 701 North Phillips Avenue, Suite 110 (CUP not required). 33. Set a date of hearing for Tuesday, August 20, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Minnehaha County Democratic Party to be operated at The History Club of Sioux Falls, 758 South Phillips Avenue, for a fundraiser on August 23, 2019. 34. Set a date of hearing for Tuesday, August 20, 2019. Special One-Day Liquor License for TSlat Inc, to be operated at the Museum of Visual Materials, 500 North Main Avenue, for a wedding reception on October 5, 2019. REGULAR AGENDA 35. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve the Regular Agenda.  Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 36. PUBLIC INPUT Bruce Danielson spoke about the efforts of Triple Check the Charter to propose an amendment to the City Charter by petition. David Zokaites spoke about floodplain management. Sub-Items 10 - 17 from Agenda Item 6 were heard at this time. See item for action taken. UNFINISHED BUSINESS 37. Transfer of 2019 Retail Liquor License from Corner Pocket of Sioux Falls Inc., Corner Pocket, 301 South Thompson Avenue, to Dave & Buster’s of South Dakota Inc., Dave & Buster’s, 2690 South Lorraine Place (full service restaurant; CUP not required). Pending final inspections per Fire, Health and Building Services. 38. New 2019 Retail Wine and Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Black Events & Advertising Inc., Escapades, 3509 South Norton Avenue (CUP not required). Pending permit issuance and final inspections per Fire, Health and Building Services. 39. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America, Chef Dominique’s Catering to be operated at Avera Health, 6100 South Louise Avenue, for a social on August 22, 2019. 40. Special One-Day Wine Licenses for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for Adult Night Out on August 13 and September 12, 2019. A motion was made by Council Member Erickson and seconded by Council Member Brekke to approve Items 37 - 40. A motion was made by Council Member Erickson and seconded by Council Member Brekke to amend Item 40 by replacing "September 12, 2019," with "September 13, 2019". Roll call vote to amend. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY NEAR 61ST ST. AND SEVILLE PL. FROM THE CN CONSERVATION DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 10486-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 78-19. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF PROPERTY LOCATED NEAR THE SW CORNER OF E. LINDEN LN. AND S. GORDON DR. FROM THE RS SINGLE-FAMILY RESIDENITAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT NO. 10359-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Ordinance No. 79-19. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NEAR 57TH ST. AND OLD YANKTON TRL. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 10360-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Soehl and seconded by Council Member Neitzert to adopt Ordinance No. 80-19. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY NEAR E. 18TH ST. AND S. VETERANS PKWY. FROM THE O OFFICE, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE LW LIVE-WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 10493-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 81-19.  Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF INTERSTATE 229 AND NORTH OF E. RICE ST. FROM THE CN CONSERVATION DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 10497-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Ordinance No. 82-19. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend Ordinance No. 82-19 by substituting ord0032 with ord0322 and attached exhibit. Roll call vote to amend. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 3209 N. WAYLAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 9847-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). A motion was made by Council Member Erickson and seconded by Council Member Stehly to adopt Ordinance No. 83-19. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 47. A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 64-19. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 64-19 A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN.  WHEREAS, the Planning Commission has proposed a plan for the physical development of the municipality and including areas outside the boundary and within its planning jurisdiction; and WHEREAS, the Planning Commission held a public hearing on July 3, 2019, to gain input from the public; and WHEREAS, the City Council held a public hearing on August 5, 2019, to gain input from the public; and WHEREAS, the comprehensive plan shows the Planning Commission’s recommendations of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Map 2.A: Development Areas of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.B: Sanitary Availability of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.C: Water and Roads of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.D: Public Facilities and Proposed Drainage Basins of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 3.A: Future Land Use of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. Said plan shall be on file and is available for public inspection by any interested person in the office of the City Clerk, the City Planning Office, and the City’s website. The City shall publish the resolution, without attachment, after its passage. Date adopted: 08/05/19 . 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) 48. REPORT OF THE JULY 19, 2019, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Brekke to adjourn at 7:55 p.m. Roll call vote to adjourn. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk