City Council Meeting

MINUTES Regular City Council Meeting Tuesday, October 1, 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 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 Absent: None 2. INVOCATION  Dr. Ramesh Singh, PhD, President, Hindu Temple of Siouxland 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 Soehl to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. A request was made by Council Member Theresa Stehly to place Sub-Items 14, 15, and 16 from Agenda Item 6 on the Regular Agenda for Council discussion. Sub-Item 14: Facilities Management; City Administration Building; Amendment to design services agreement; Koch Hazard; $61,532.00. Sub-Item 15: Facilities Management; City Administration Building; Amendment to CMAR agreement; Henry Carlson Company; $1,516,286.00. Sub-Item 16: Facilities Management; City Administration Building; Amendment to legal services agreement; Greenfield Law, P.C.; $5,000.00. See Item 6 for action taken. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 17, 2019   City Council Meeting of Tuesday, September 17, 2019  Informational Meeting of Tuesday, September 24, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 27, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Sub-Items 14, 15 and 16 from Agenda Item 6. Roll call vote to approve. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 2 No: Starr, Stehly. Motion Passed. 7. Notice of change orders on the memorandum dated September 27, 2019. 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: City Employees. 9. Report of Requests for Quotes for Fuel dated: September 11, 2019; 7,500 gallons of #2 Dyed Diesel and 6,500 gallons of Unleaded Ethanol; Stern Oil ($2.0572 #2 Dyed Diesel & $2.0752 Unleaded); Farstad Oil ($2.03 #2 Dyed Diesel & $2.041 Unleaded); Vollan Oil ($2.027 #2 Dyed Diesel & $2.0216 Unleaded), M.G. Oil, Howes Oil, CHS, Inc., Harms Oil and Olson Oil all no bid. Bid awarded to Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: September 12, 2019; Unleaded Ethanol (550 Gallons) #2 Clear Diesel (650 Gallons); Midway Service ($2.0662 Unleaded & $2.3472 Diesel); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 11. Report of Requests for Quotes for Fuel dated: September 16, 2019; #2 Dyed Diesel (12,000 Gallons) Unleaded Ethanol (7,250 Gallons); Stern Oil ($2.1516 Diesel & $2.2345 Unleaded); Midway Service, Cole’s Petroleum, Harms Oil, Howes Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Stern Oil. 12. Report of Requests for Quotes for Fuel dated: September 17, 2019; #2 Dyed Diesel (5,500 Gallons & 950 Gallons); Midway Service ($2.1797 & $2.2297); Howes Oil (No Bid & $2.2150); Farstad Oil ($2.22 & No Bid); Stern Oil, Cole’s Petroleum, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service, 5,500 Gallons, & Howes Oil, 950 Gallons. 13. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 17, 2019; 7,500 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.43); CHS, Inc. ($2.4575); Harms Oil ($2.425); Howes Oil ($2.4025); Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 14. Report of Requests for Quotes for Fuel dated: September 19, 2019; #2 Dyed Diesel (6,000 Gallons) Unleaded Ethanol (3,250 Gallons); Cole’s Petroleum ($2.2475 Diesel &  $2.216 Unleaded); Stern Oil ($2.1579 Diesel & $2.165 Unleaded); Farstad Oil ($2.067 Diesel & $2.05 Unleaded); Midway Service, Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid). Bid awarded to: Farstad Oil. 15. Report of Requests for Quotes for Fuel dated: September 23, 2019; 5,000 Gallons of #2 Dyed Diesel and 6,000 Gallons of #2 Unleaded Ethanol; Cole’s ($2.155 #2 Diesel & $2.128 Unleaded); Farstad Oil ($2.09 #2 Dyed Diesel & $2.095 for Unleaded); Harms Oil, Howes Oil, CHS, Inc., Midway Service, M.G. Oil, and Olson Oil, all no bid. Bid awarded to Farstad Oil. 16. Report of Requests for Quotes for Fuel dated: September 24, 2019; 4,250 Gallons of #2 Dyed Diesel; Cole’s Petroleum ($2.0877); Stern Oil ($2.1112); Farstad Oil, Midway Service, Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, October 15, 2019. New 2019 Retail Liquor License for The Square on Main LLC, 200 South Phillips Avenue, Suite 200 (CUP not required). 18. Set a date of hearing for Tuesday, October 15, 2019. New 2019 Retail Wine and Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Pho Thai LLC, 230 South Phillips Avenue, Suite 104 (full service restaurant; CUP not required). 19. Set a date of hearing for Tuesday, October 15, 2019. Special One-Day Malt Beverage License for SD Suds, Obscure Brewing Company to be operated at Shop Dog Boutique, 5015 South Western Avenue, Suite 130, for Almost Home Canine Rescue fundraiser on October 26, 2019. 20. Set a date of hearing for Tuesday, October 15, 2019. Special One-Day Malt Beverage License for Home Builders Association of the Sioux Empire, 6904 South Lyncrest Place, for a membership social on November 1, 2019. 21. Set a date of hearing for Tuesday, October 15, 2019. Special One-Day Wine License for 605 Boxer Rescue to be operated at the History Club, 758 South Phillips Avenue, for a fundraiser on November 2, 2019. 22. Set a date of hearing for Tuesday, October 15, 2019. Special One-Day Malt Beverage and Special One-Day Wine License for Sioux Falls Public Schools Education Foundation to be operated at Raven Industries, 205 East Sixth Street, for a fundraiser on November 7, 2019. 23. Set a date of hearing for Tuesday, October 15, 2019. Special One-Day Liquor License for The Class Project to be operated at The Falls Overlook Café, 825 North Weber Avenue, for a wedding reception on October 19, 2019. REGULAR AGENDA 24. 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. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 25. PUBLIC INPUT Michael Chapman spoke about a letter he received from Environmental Health regarding items on his yard. Karen Finn spoke about the cost of water used to take care of sod on her property. Bruce Danielson spoke about: being arrested and put in jail several years ago and the removal of catalytic converters from police cars before the city wide auction. David Zokaites spoke about curbing racism, gangs and sex slavery. UNFINISHED BUSINESS 26. New 2020 Retail Wine and Cider License for Fasika Ethiopian Restaurant, 301 South Garfield Avenue, Suite 10 (full service restaurant; CUP not required). 27. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Rush, 2701 West 41st Street, Suite B (CUP not required). 28. 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). 29. New 2019 Retail Liquor License for RRK Wireless LLC, 512 North Main Avenue (CUP not required). Pending change in use permit and final inspections per Building Services. 30. New 2019 Retail Liquor License for The Club, 3301 East 26th Street, Suite 125 (CUP not required). 31. New 2019 Retail Liquor License for Sanford Event Center, 2510 East 54th Street North (CUP not required). Pending final inspections per Health and Building Services. 32. 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). Pending final inspections per Health and Building Services. 33. 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). Pending change in use permit and final inspections per Building Services. 34. New 2019-20 Retail Malt Beverage License for Happy Jacks Sioux Falls IV, 1211 East Benson Road. Pending change in use permit and final inspections per Building Services. 35. 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. Pending change in use permit and final inspections per Building Services. 36. 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). Pending final inspections per Building Services. 37. 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. Pending final inspection per Health. 38. 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. 39. 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. 40. 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. 41. 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. 42. Special One-Day Liquor License for TSlat Inc. to be operated at 2817 South Grange Avenue for a reunion on October 11, 2019. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. Special One-Day Liquor License for TSlat Inc to be operated at 322 East 8th Street, for a holiday party on December 14, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to withdraw Item 27. Roll call vote to withdraw. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to approve Item 26 and Items 28 through 48. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 49. 2nd 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. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 97-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 50. 2nd 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). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 98-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 51. 2nd 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). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 99-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 52. 2nd 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). A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Ordinance No. 100-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 53. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT A CANINE KENNEL INSERT TO THE POLICE DEPARTMENT IN WATERTOWN, SD. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 94-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 54. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF MYSTIC HEIGHTS AT FOSS FIELDS ADDITION. The Planning Commission recommends approval (5-0).  A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 95-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 55. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TWIN TOWERS 2ND ADDITION. The Planning Commission recommends approval (5-0). A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 96-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 56. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT TO CONVEY REAL ESTATE. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 97-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 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) 57. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED July 31, 2019. 58. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED August 31, 2019. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn the meeting at 8:25 p.m. Voice vote to adjourn. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk