City Council Meeting

MINUTES City Council Meeting Tuesday, October 15, 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  Jeannie Omland, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  2019 Blue Ribbon Schools: O'Gorman Junior High School, St. Katharine Drexel Elementary School, St. Mary Elementary School, and the Challenge Center CONSENT AGENDA 5. 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. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. A request was made by Council Member Janet Brekke to place Sub-Item 2 from Agenda Item 7 on the Regular Agenda for Council discussion (Parks/Recreation; Independent Contractor Agreement; Rock Garden Nursery, LLC; $73,440.00.) See Agenda Item 7 for action taken. 6. APPROVAL OF MINUTES   City Council Meeting of Tuesday, October 8, 2019 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated October 11, 2019. A motion was made by Council Member Erickson and seconded by Council Member Starr to approve Sub-Item 2 from Agenda Item 7. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 8. Notice of change orders on the memorandum dated October 11, 2019. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: October 3, 2019; 7,500 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil ($2.25); CHS, Inc. ($2.295); Harms Oil ($2.2417); Howes Oil ($2.2195); Petroleum Traders and Midwest Oil, all no bid. Bid awarded to: Howes Oil. 10. Report of Requests for Quotes for Fuel dated: October 4, 2019; 3,000 Gallons of Unleaded Ethanol; Midway Service ($2.025); Farstad Oil, Cole’s Petroleum, Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 11. Report of Requests for Quotes for Fuel dated: October 7, 2019; 5,000 Gallons of #2 Dyed Diesel; Midway Service ($2.0315); Cole’s Petroleum ($1.9945); Stern Oil ($2.0062); Farstad Oil ($2.005); Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS 12. Special One-Day Liquor License for Washington Pavilion, 301 South Main Avenue, for a Gala on November 2, 2019. NOTICE OF HEARINGS 13. Set a date of hearing for Tuesday, November 5, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Papa Woody’s Wood Fired Pizza Inc., 421 North Phillips Avenue, Suite 119 (CUP not required). 14. Set a date of hearing for Tuesday, November 5, 2019. New 2019 Retail Liquor License for Quan Holdings LLC 2, Crown Casino East II, 2417 East 10th Street, Suite A, with Conditional Use Permit (8109-2018) being approved on March 7, 2018. 15. Set a date of hearing for Tuesday, November 5, 2019. Request to include video lottery terminals with the New 2019 Retail Liquor License for Quan Holdings LLC 2, Crown Casino East II, 2417 East 10th Street, Suite A, with Conditional Use Permit (8109-2018) being approved on March 7, 2018. 16. Set a date of hearing for Tuesday, November 5, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Commonwealth Gaming & Holdings Co Inc., Deuces Casino 10.5, 453 West 69th Street, Suite 1, with Conditional Use Permit (11073-2019) being approved on October 2, 2019. 17. Set a date of hearing for Tuesday, November 5, 2019. Request to include video lottery terminals with New 2019-20 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Inc., Deuces Casino 10.5, 453 West 69th Street, Suite 1, with Conditional Use Permit (11073-2019) being approved on October 2, 2019. 18. Set a date of hearing for Tuesday, November 5, 2019. Transfer of 2019 Retail Liquor License, including video lottery terminals, from Myrmoe Enterprises Inc, Alpine, 212 South Sneve Avenue, to MG Oil Company, Alpine Sports Bar & Casino, 212 South Sneve Avenue. 19. Set a date of hearing for Tuesday, November 5, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad Shriners to be operated at the History Club, 758 South Phillips Avenue, for a luncheon on November 9, 2019. 20. Set a date of hearing for Tuesday, November 5, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America to be operated at Sanford House Legacy Hall, 2335 East 60th Street North, for a dinner on November 9, 2019. 21. Set a date of hearing for Tuesday, November 5, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America to be operated at Poet, 4615 North Lewis Avenue, for a social on November 12, 2019. 22. Set a date of hearing for Tuesday, November 5, 2019. Special One-Day Wine License for Winetime on Main LLC to be operated at Dow Rummel Village, 1301 West Dow Rummel Street, for special events on November 19 and 21, 2019. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 24. PUBLIC INPUT Dennis Krell spoke about a safety concern he has with a damaged tree in the boulevard by his home and requested that the City remove it.  Lindsey Olson from Dakota Teachers of English to Speakers of Other Languages invited the Council to the "Closer Connections Conference 2019," to be held at Augustana University October 21st and 22nd. J.J. Johnson spoke about concerns she has with homeless shelters in the City. UNFINISHED BUSINESS 25. New 2019 Retail Liquor License for The Square on Main LLC, 200 South Phillips Avenue, Suite 200 (CUP not required). Pending plan review, permit issuance and final inspections per Fire, Health and Building Services. 26. 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). Pending final inspections per Fire, Health and Building Services. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve Items 25 through 31. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: RESTRICTIONS ON ISSUANCE OF MALT BEVERAGE RETAILER LICENSES.  A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 101-19. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF W. 34TH ST. N. AND N. CAREER AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND O OFFICE DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN RD-2, TOWNHOME RESIDENTIAL—SUBURBAN RA-2, APARTMENT RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT RESIDENTIAL HIGH DENSITY, O OFFICE AND CN CONSERVATION DISTRICTS NO. 10951-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 5, 2019. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, November 5, 2019 for Item 33. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 214 W. RUSSELL ST. FROM THE RS SINGLE-FAMILY RESIDENITAL SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT NO. 11059-2019, 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, November 5, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 5, 2019 for Item 34. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF E. ARROWHEAD PARKWAY AND S. RIVERVIEW AVE. FROM THE AG AGRICULTURE INDUSTRIAL DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 11044 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, November 5, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 5, 2019 for Item 35.  Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Stehly was not present for the vote on this motion. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5201 S. CLIFF AVE. FROM THE AG AGRICULTURE INDUSTRIAL DISTRICT TO THE O OFFICE DISTRICT, INCLUDING CONDITIONS AS ALLOWED IN SECTION 160.650 (e) PLACING LIMITATIONS ON REGULATIONS WITHIN THIS O OFFICE DISTRICT, NO. 11004 2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): 1. RE 1 (Limited Retail Employment) form is not allowed on this parcel. Recommendation: Set a date of 2nd Reading for Tuesday, November 5, 2019. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, November 5, 2019 for Item 36. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY CHANGING A STREET NAME. Recommendation: Set a date of 2nd Reading for Tuesday, November 12, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 12, 2019 for Item 37. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW HOBBY BEEKEEPING. Recommendation: Set a date of 2nd Reading for Tuesday, November 5, 2019. A motion was made by Council Member Brekke and seconded by Council Member Stehly to set a date of 2nd Reading for Tuesday, November 5, 2019 for Item 38. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 39. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. A motion was made by Council Member Brekke and seconded by Council Member Starr to adopt Resolution No. 100-19.  Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 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) 40. AUDIT REPORT 18-03: PURCHASING CARD PROGRAM 41. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED SEPTEMBER 30, 2019. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Brekke to adjourn at 8:53 p.m. Voice vote to adjourn. 7 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk