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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 17, 2019

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, September 17, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE At the conclusion of the Pledge of Allegiance, Mayor Paul TenHaken spoke about National POW/MIA Recognition Day. 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: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. A request was made by Council Member Pat Starr to place Sub-Item 1 from Agenda Item 7 on the Regular Agenda for Council discussion (Public Parking & Highways/Streets; Village on the River; Public Works Utilities Modifications; Journey Group dbs Journey Construction; $121,381.) See Agenda Item 7 for action taken. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 10, 2019  City Council Meeting of Tuesday, September 10, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 13, 2019. 7. Notice of change orders on the memorandum dated September 13, 2019. Sub-Item 1 to Agenda Item 7 was discussed at this time. No action was required. 8. Report of Requests for Quotes for Fuel dated: September 5, 2019; #2 Dyed Diesel (7,500 Gallons); Unleaded Ethanol (8,500 Gallons); Cole’s Petroleum ($1.968 Diesel & $1.949 Unleaded); Harms Oil ($1.949 Diesel & $1.9358 Unleaded); Stern Oil ($1.9881 Diesel & $1.9802 Unleaded); Farstad Oil ($1.949 Diesel & $1.957 Unleaded); Midway Service, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: September 5, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil ($2.214), CHS, Inc. ($2.236); Harms Oil ($2.2355); Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 10. Approval of a request from Michelle Rippentrop, South Dakota Interior Designers to consume, but not sell, wine and beer at Sioux Falls Design Center, 108 W. 11th St., on September 19, 2019, for the following purpose: the event is to train designers on the new Steelcase Marketplace tool that helps find and organize products to be specified on projects. 11. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Charlie and Carol Childerston. APPLICATIONS 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at the Washington Pavilion of Arts & Science, 301 South Main Avenue, for performances on September 26 and 29, October 18, 19 and 24, 2019. 13. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for special events on October 12, 2019 and May 23, 2020. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, October 1, 2019. New 2020 Retail Wine and Cider License for Fasika Ethiopian Restaurant, 301 South Garfield Avenue, Suite 10 (full service restaurant; CUP not required). 15. Set a date of hearing for Tuesday, October 1, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Rush, 2701 West 41st Street, Suite B (CUP not required). 16. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Wine and Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Springhill Suites, 4304 West Empire Place (CUP not required). 17. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Liquor License for RRK Wireless LLC, 512 North Main Avenue (CUP not required). 18. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Liquor License for The Club, 3301 East 26th Street, Suite 125 (CUP not required). 19. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Liquor License for Sanford Event Center, 2510 East 54th Street North (CUP not required). 20. Set a date of hearing for Tuesday, October 1, 2019. Transfer of 2019 Retail Liquor License from Sanford Health, Sanford Foundation House, 2335 East 60th Street North, to Sanford Frontiers, Great Shots Golf, 2505 West Benson Road (CUP not required). 21. Set a date of hearing for Tuesday, October 1, 2019. Transfer of 2019 Retail Liquor License, including video lottery terminals, from MG Oil Company, Happy Jacks Sioux Falls IV, 1211 East Benson Road, to MG Oil Company, Grain Bin, 5015 North Cliff Avenue (CUP not required). 22. Set a date of hearing for Tuesday, October 1, 2019. New 2019-20 Retail Malt Beverage License for Happy Jacks Sioux Falls IV, 1211 East Benson Road. 23. Set a date of hearing for Tuesday, October 1, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks Sioux Falls IV, 1211 East Benson Road. 24. Set a date of hearing for Tuesday, October 1, 2019. Transfer of 2019 Package Liquor License from Main and Main LLC, Springhill Suites, 4304 West Empire Place, to Williquors, 3625 West Avera Drive (CUP not required). 25. Set a date of hearing for Tuesday, October 1, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Sunny’s Pizzeria, 1801 South Walts Avenue, with Conditional Use Permit (10944-2019) being approved on September 4, 2019. 26. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine License for Nebraska/Dakotas Chapter of the American Society of Landscape Architects to be operated at the Old Courthouse Museum, 200 West 6th Street, for a reception on October 3, 2019. 27. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at the following locations: 8th & Railroad Center Lobby, 401 East 8th Street, Atoley Salon, 319 South Phillips Avenue, Chelsea’s Boutique, 220 South Phillips Avenue, Great Outdoor Store, 201 East Tenth Street, JLG Architects, 232 South Main Avenue, Nyberg’s Ace, 200 East 12th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street #114, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sticks and Steel, 401 East 8th Street #118, TH Grey, 330 South Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, Papa Woody’s Pizza 421 N Phillips Ave, Suite 107, Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Palmer Lea Boutique, 206 South Phillips Avenue, Mint+Basil, 207 South Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, American State Bank, 223 South Phillips Avenue, NV Studio Salon, 106 West 11th Street, and Bechtold’s Jewelry, 325 South Phillips Avenue, for a Wine Walk on October 4, 2019. 28. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage License for Buffalo Ridge Brewing to be operated at Shop Dog Boutique, 5015 South Western Avenue, Suite 130, for a Fall Festival on October 5, 2019. 29. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for TSlat Inc. to be operated at Dow Rummel, 1321 West Dow Rummel Street, for a Chamber Mixer on October 8, 2019. 30. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Liquor License for TSlat Inc. to be operated at 2817 South Grange Avenue for a reunion on October 11, 2019. 31. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Wine License for Stockyards Plaza Inc. to be operated at Stockyards Ag Experience Barn, 301 East Falls Park Drive, for National Farmer’s Day on October 11, 2019. 32. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for TSlat Inc. to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 12, 2019. 33. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Huether Family Match Pointe, 4210 North Bobhalla Drive, for a fundraiser on November 1, 2019. 34. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Package Off- Sale Wine license for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on November 22, 2019. 35. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Messiah New Hope Lutheran Church, 5001 East Madison Avenue, for a fundraiser on November 24, 2019. 36. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Liquor License for TSlat Inc to be operated at 322 East 8th Street, for a holiday party on December 14, 2019. REGULAR AGENDA 37. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Selberg to amend by moving Items 49 and 47, respectively, to immediately follow Item 41. Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by moving Item 50 to immediately follow Item 40. Roll call vote to amend. 3 Yes: Brekke, Starr, Stehly; 5 No: Erickson, Kiley, Neitzert, Selberg, Soehl. Motion Failed. Roll call vote to approve, as amended. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 38. PUBLIC INPUT Brian Birch spoke about the need for ditch maintenance in the vicinity of 60th street. Del'Inkka Beaudion spoke about racism and urged the Council to take steps to stop it. Jake Bowman spoke about the distribtion of hate group literature in the McKennan Park area and asked the City to investigate it and take action. Clara Jacob also spoke about the distribution of the hate group literature and other racist acts in the City recently. Dave Flicek, President & CEO of Avera McKennan Hospital, thanked the City for the quick response to the storms last week, particularly in response to the damage at Avera Behavioral Health. He was grateful there was no loss of life and offered praise to Avera staff, the community, the State, and local businesses for their efforts to help assist the patients in light of the destruction. Tom Otten, Avera Behavioral Health, provided an update on the status of patients displaced by the storm damage and gave an expected timeline for repair of the facility. Naomi Ludeman Smith spoke about the group SD Voices for Peace, the recent racist and anti-semitic activities, and urged the Council to address the issue. Taneeza Islam spoke about hate symbols and the need for community leaders to address them. She also spoke about systemic bias, citing the County's cut to court-paid interpreters, as unacceptable and recommended the City offer to pay for the services. Tim Stanga spoke about corruption in local government and the lack of transparency. Barry Zacharias spoke about the need for parents to educate their children about racism. He also thanked the City for their response to the recent storm. Vaney Harriri spoke about the need for the City to maintain a focus on people and find ways to improve the culture in our community. Jennifer Dreiske spoke spoke about the rise of anti-semitism and a growing need for security at the local Temple. Sierra Broussard spoke about racism and the need to stop it. UNFINISHED BUSINESS 39. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Plaza Inc. to be operated at 301 East Falls Parks Drive, for a social on September 24, 2019. 40. Special One-Day Malt Beverage License for Saint Michaels Catholic Church Parish, 1600 South Marion Road, for a fundraiser on September 28, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve Items 39 and 40. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 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, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR BIKE TRAIL DEVELOPMENT. (Parks & Recreation, $200,000) A motion was made by Council Member Neitzert and seconded by Council Member Erickson to defer Item 41 to the third regularly-scheduled City Council Meeting of November (November 18, 2019). Roll call vote to defer. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Item 49 was heard at this time. See item for action taken. Item 47 was heard at this time. See item for action taken. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 96-19. A motion was made by Council Member Erickson and seconded by Council Member Selberg to amend to reflect changes to the resolution adopting the budget and the Capital Program. Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 2 No: Starr, Stehly. Motion Passed. ORDINANCE FIRST READINGS 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING PAYMENT AND EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER. Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, October 1, 2019 for Item 43. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7201 W. 57TH ST. FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 10950-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, October 1, 2019 for Item 44. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY., EAST OF N. VETERANS PKWY., AND WEST OF N. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, LW LIVE-WORK, AND CN CONSERVATION DISTRICTS, NO. 10948-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, October 1, 2019 for Item 45. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 57TH ST. AND HIGHWAY 11 FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10781-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, October 1, 2019 for Item 46. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 47. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020, AND THE 2020–2024 CAPITAL PROGRAM. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 90-19. A motion was made by Council Member Stehly and seconded by Council Member Brekke to amend the 2020 General Fund Parks and Recreation Expense Budget to fund $20,000 for three (3) cement ping pong tables within the City of Sioux Falls Park System. Funding to come from Parks and Recreation 2020 Operation Expense Budget - General Fund. Roll call vote to amend. 6 Yes: Brekke, Neitzert, Selberg, Soehl, Starr, Stehly; 2 No: Erickson, Kiley. Motion Passed. A motion was made by Council Member Stehly and seconded by Council Member Brekke to amend the 2020 General Fund Parks and Recreation Expense Budget to fund $50,000 Project Trim assistance for qualified residents within the City of Sioux Falls. Funding to come from Parks and Recreation 2020 Operating Expense Budget - General Fund. Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Starr to amend the Mayor's 2020 Operating Expense Budget - General Fund, by deleting $121,361 and the position Chief Culture Officer, funds will remain in the General Fund, fund balance. Roll call vote to amend. 4 Yes: Neitzert, Soehl, Starr, Stehly; 4 No: Brekke, Erickson, Kiley, Selberg. Mayor Paul TenHaken broke the tie by voting No. Motion Failed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the Siouxland Libraries 2020 Operations Expense Budget by reducing $25,000, and amending the Communications 2020 Operations Expense Budget by reducing $25,000 and amend the 2020 Planning and Development Services Operations Expense Budget by increasing $50,000 to provide additional funding for the SouthEast Technical Institute for $50,000. Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend Capital Improvement Program Project No. 14002, Bike Trail Development, by adding $100,000 in 2021 and adding the description "Cherry Creek Trail Corridor Development Phase 1, Legacy Park to Family Park, construct (2021), p. 86.” Funds will be provided by Capital Improvement Project No. 14037, Water Meter Pit Modifications, by reducing $100,000 in 2021, (p. 101). Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 90-19 A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020, AND THE 2020–2024 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 2020 Recommended Budget and 2020–2024 Capital Program as amended by the City Council is hereby approved. Date adopted: 09/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 91-19. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 91-19 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Storm Drainage Improvements in Existing Areas at Various Locations and the Implementation of Non-Point Source Measures (the “Projects”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the $9,000,000 for the Storm Drainage Improvements in Existing Areas and $457,466 for Non-Point Source Measures to the South Dakota Board of Water and Natural Resources for the Project. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Date adopted: 09/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 49. A RESOLUTION AMENDING THE 2019-2023 CAPITAL PROGRAM TO ADD FUNDING TO CIP PROJECT NO. 14002, BIKE TRAIL DEVELOPMENT. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to defer Item 49 to the third regularly-scheduled City Council Meeting of November (November 18, 2019). Roll call vote to defer. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 50. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY. A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 93-19. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 93-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday, November 19, 2019, will be rescheduled to 7 p.m., Monday, November 18, 2019, as City Council Members will be traveling to San Antonio, TX, to attend the annual National League of Cities City Summit. Corresponding Informational and Committee meetings will be rescheduled as noted above. Date adopted: 09/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 51. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 92-19. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 92-19 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 Robert Jarding Electrical Board of Appeals and Reappointed for a term from Examiners September 2019 to September 2022. Brad Shoup Electrical Board of Appeals and Reappointed for a term from Examiners September 2019 to September 2022. Jeremy Van Well Electrical Board of Appeals and Reappointed for a term from Examiners September 2019 to September 2022. Paul Mantz Infrastructure Review Advisory Appointed for a term from Board (IRAB) September 2019 to September 2022 (Local Utilities Representative). Preston Mettler Infrastructure Review Advisory Appointed for a term from Board (IRAB) September 2019 to September 2022 (Homebuilders Association Representative). Heath Taggart Mechanical Board of Appeals Reappointed for a term from and Examiners September 2019 to September 2022. Joshua Muckenhirn Zoning Board of Adjustment Appointed for a term from September 2019 to September 2022 (to replace Aaron Norman). Date adopted: 09/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 52. MOTION TO STRONGLY RECOMMEND TO THE MAYOR THAT HE DIRECT CITY EMPLOYEES AND CITY CONTRACTORS TO BEGIN IMMEDIATELY PICKING UP ALL RESIDENTIAL DEBRIS, FREE OF CHARGE, IN THE CURBSIDE BOULEVARD AREAS THAT RESULTED FROM THE TUESDAY, SEPTEMBER 10, 2019, WEATHER EVENT. A motion was made by Council Member Stehly to approve Item 52. Motion died for a lack of a second. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Starr to adjourn at 10:17 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, September 17, 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 Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Mayor Paul TenHaken 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 10, 2019  City Council Meeting of Tuesday, September 10, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 13, 2019. 7. Notice of change orders on the memorandum dated September 13, 2019. 8. Report of Requests for Quotes for Fuel dated: September 5, 2019; #2 Dyed Diesel (7,500 Gallons); Unleaded Ethanol (8,500 Gallons); Cole’s Petroleum ($1.968 Diesel & $1.949 Unleaded); Harms Oil ($1.949 Diesel & $1.9358 Unleaded); Stern Oil ($1.9881 Diesel & $1.9802 Unleaded); Farstad Oil ($1.949 Diesel & $1.957 Unleaded); Midway Service, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: September 5, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil ($2.214), CHS, Inc. ($2.236); Harms Oil ($2.2355); Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 10. Approval of a request from Michelle Rippentrop, South Dakota Interior Designers to consume, but not sell, wine and beer at Sioux Falls Design Center, 108 W. 11th St., on September 19, 2019, for the following purpose: the event is to train designers on the new Steelcase Marketplace tool that helps find and organize products to be specified on projects. 11. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Charlie and Carol Childerston. APPLICATIONS 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at the Washington Pavilion of Arts & Science, 301 South Main Avenue, for performances on September 26 and 29, October 18, 19 and 24, 2019. 13. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for special events on October 12, 2019 and May 23, 2020. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, October 1, 2019. New 2020 Retail Wine and Cider License for Fasika Ethiopian Restaurant, 301 South Garfield Avenue, Suite 10 (full service restaurant; CUP not required). 15. Set a date of hearing for Tuesday, October 1, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Rush, 2701 West 41st Street, Suite B (CUP not required). 16. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Wine and Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Springhill Suites, 4304 West Empire Place (CUP not required). 17. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Liquor License for RRK Wireless LLC, 512 North Main Avenue (CUP not required). 18. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Liquor License for The Club, 3301 East 26th Street, Suite 125 (CUP not required). 19. Set a date of hearing for Tuesday, October 1, 2019. New 2019 Retail Liquor License for Sanford Event Center, 2510 East 54th Street North (CUP not required). 20. Set a date of hearing for Tuesday, October 1, 2019. Transfer of 2019 Retail Liquor License from Sanford Health, Sanford Foundation House, 2335 East 60th Street North, to Sanford Frontiers, Great Shots Golf, 2505 West Benson Road (CUP not required). 21. Set a date of hearing for Tuesday, October 1, 2019. Transfer of 2019 Retail Liquor License, including video lottery terminals, from MG Oil Company, Happy Jacks Sioux Falls IV, 1211 East Benson Road, to MG Oil Company, Grain Bin, 5015 North Cliff Avenue (CUP not required). 22. Set a date of hearing for Tuesday, October 1, 2019. New 2019-20 Retail Malt Beverage License for Happy Jacks Sioux Falls IV, 1211 East Benson Road. 23. Set a date of hearing for Tuesday, October 1, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks Sioux Falls IV, 1211 East Benson Road. 24. Set a date of hearing for Tuesday, October 1, 2019. Transfer of 2019 Package Liquor License from Main and Main LLC, Springhill Suites, 4304 West Empire Place, to Williquors, 3625 West Avera Drive (CUP not required). 25. Set a date of hearing for Tuesday, October 1, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Sunny’s Pizzeria, 1801 South Walts Avenue, with Conditional Use Permit (10944-2019) being approved on September 4, 2019. 26. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine License for Nebraska/Dakotas Chapter of the American Society of Landscape Architects to be operated at the Old Courthouse Museum, 200 West 6th Street, for a reception on October 3, 2019. 27. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at the following locations: 8th & Railroad Center Lobby, 401 East 8th Street, Atoley Salon, 319 South Phillips Avenue, Chelsea’s Boutique, 220 South Phillips Avenue, Great Outdoor Store, 201 East Tenth Street, JLG Architects, 232 South Main Avenue, Nyberg’s Ace, 200 East 12th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street #114, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sticks and Steel, 401 East 8th Street #118, TH Grey, 330 South Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, Papa Woody’s Pizza 421 N Phillips Ave, Suite 107, Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Palmer Lea Boutique, 206 South Phillips Avenue, Mint+Basil, 207 South Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, American State Bank, 223 South Phillips Avenue, NV Studio Salon, 106 West 11th Street, and Bechtold’s Jewelry, 325 South Phillips Avenue, for a Wine Walk on October 4, 2019. 28. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage License for Buffalo Ridge Brewing to be operated at Shop Dog Boutique, 5015 South Western Avenue, Suite 130, for a Fall Festival on October 5, 2019. 29. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for TSlat Inc. to be operated at Dow Rummel, 1321 West Dow Rummel Street, for a Chamber Mixer on October 8, 2019. 30. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Liquor License for TSlat Inc. to be operated at 2817 South Grange Avenue for a reunion on October 11, 2019. 31. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Wine License for Stockyards Plaza Inc. to be operated at Stockyards Ag Experience Barn, 301 East Falls Park Drive, for National Farmer’s Day on October 11, 2019. 32. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for TSlat Inc. to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 12, 2019. 33. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Huether Family Match Pointe, 4210 North Bobhalla Drive, for a fundraiser on November 1, 2019. 34. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Package Off- Sale Wine license for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on November 22, 2019. 35. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Messiah New Hope Lutheran Church, 5001 East Madison Avenue, for a fundraiser on November 24, 2019. 36. Set a date of hearing for Tuesday, October 1, 2019. Special One-Day Liquor License for TSlat Inc to be operated at 322 East 8th Street, for a holiday party on December 14, 2019. REGULAR AGENDA 37. APPROVAL OF THE REGULAR AGENDA 38. PUBLIC INPUT UNFINISHED BUSINESS 39. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Plaza Inc. to be operated at 301 East Falls Parks Drive, for a social on September 24, 2019. 40. Special One-Day Malt Beverage License for Saint Michaels Catholic Church Parish, 1600 South Marion Road, for a fundraiser on September 28, 2019. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR BIKE TRAIL DEVELOPMENT. (Parks & Recreation, $200,000) 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020. ORDINANCE FIRST READINGS 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING PAYMENT AND EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER. Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7201 W. 57TH ST. FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 10950-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY., EAST OF N. VETERANS PKWY., AND WEST OF N. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, LW LIVE-WORK, AND CN CONSERVATION DISTRICTS, NO. 10948-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 57TH ST. AND HIGHWAY 11 FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10781-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 1, 2019. HEARINGS AND RESOLUTIONS 47. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020, AND THE 2020–2024 CAPITAL PROGRAM. 48. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. 49. A RESOLUTION AMENDING THE 2019-2023 CAPITAL PROGRAM TO ADD FUNDING TO CIP PROJECT NO. 14002, BIKE TRAIL DEVELOPMENT. 50. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY. 51. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 52. MOTION TO STRONGLY RECOMMEND TO THE MAYOR THAT HE DIRECT CITY EMPLOYEES AND CITY CONTRACTORS TO BEGIN IMMEDIATELY PICKING UP ALL RESIDENTIAL DEBRIS, FREE OF CHARGE, IN THE CURBSIDE BOULEVARD AREAS THAT RESULTED FROM THE TUESDAY, SEPTEMBER 10, 2019, WEATHER EVENT. 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. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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