City Council Meeting

MINUTES Regular City Council Meeting Tuesday, November 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Calvin Hoogendoom, First Christian Reformed Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  2019 Citizen Planning Academy Graduates CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place Sub-Items 1, 33, 34, and 35 from Agenda Item 7 on the Regular Agenda for Council discussion (1 - Finance/ Independent Contractor Agreement; The Spy Glass Group, LLC; 50% of any gross recovery); (33 – Finance; Bond Counsel Services; Perkins Coie; To Establish Pricing); (34 – Parks/Recreation; River Greenway Improvements, Amendment to River Greenway Improvements to complete CLOMAR for River Greenway Master Plan; Confluence; $203,679); (35 – Fire/Rescue; Public Safety Training Facility, AIA Agreement for Schematic Design; Williams, Spurgeon, Kuhl & Freshnock Architects, Inc.; $369,075). See Agenda Item 7 for action taken. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda.  Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 15, 2019  City Council Meeting of Tuesday, October 15, 2019  Informational Meeting of Tuesday, October 29, 2019 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated November 1, 2019. A motion was made by Council Member Starr and seconded by Council Member Kiley to approve Sub-Item 1 from Agenda Item 7. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Erickson to approve Sub-Items 33, 34, and 35 from Agenda Item 7. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 8. Notice of change orders on the memorandum dated November 1, 2019. 9. Approval of a request from Siouxland Heritage Museums to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th Street, on November 7, 2019, for the following purpose: exhibit opening. 10. Approval of a request from the Butterfly House & Aquarium to consume, but not sell, liquor (Whiskey) at the Butterfly House & Aquarium, 4320 S. Oxbow Avenue, on November 15, 2019, for the following purpose: educational seminar for donors to come and learn about whiskey. 11. Approval of a request from the Great Plains Zoo & Delbridge Museum of Natural History to consume, but not sell, wine, beer, and liquor at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, on November 15, 2019, and December 2, 4, and 9, 2019, for the following purpose: appreciation event for supporters and donors. 12. Report of Requests for Quotes for Fuel dated: October 11, 2019; 950 Gallons of #2 Dyed Diesel; Midway Service ($2.10); Howes Oil ($2.145); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 13. Report of Requests for Quotes for Fuel dated: October 15, 2019; 3,800 Gallons of #2 Dyed Diesel and 3,800 Gallons of Unleaded Ethanol; CHS ($2.035 #2 Dyed Diesel and $2.08 UL); Farstad Oil ($1.996 #2 Dyed Diesel and $2.005 UL); Midway Service ($1.9958 #2 Dyed Diesel and $1.9959 UL); Cole’s Petroleum ($1.9841 #2 Dyed Diesel and $1.9927 UL); Howes Oil, Harms Oil, Stern Oil, and Olson Oil all no bid. Bid awarded to Cole’s Petroleum. 14. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: October 15, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil ($2.266); CHS, Inc. ($2.31); Harms Oil ($2.2724); Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 15. Report of Requests for Quotes for Fuel dated: October 17, 2019; 5,000 Gallons Unleaded Ethanol; Cole’s Petroleum ($1.9976); Farstad Oil ($1.998); Olson Oil, Midway Service, Harms Oil, Howes Oil, Stern Oil, CHS, Inc., all no bid. Bid awarded to: Cole’s Petroleum. 16. Report of Requests for Quotes for Fuel dated: October 18, 2019; 5,500 Gallons #2 Dyed Diesel; Cole’s Petroleum ($2.0213); Farstad Oil ($2.05); Harms Oil, Howes Oil, CHS, Inc., all no bid. Bid awarded to: Cole’s Petroleum. 17. Report of Requests for Quotes for Fuel dated: October 21, 2019; 4,500 Gallons Unleaded; Cole’s Petroleum ($2.0008); Vollan Oil ($2.0158); CHS, Inc., no bid. Bid awarded to: Cole’s Petroleum. 18. Report of Requests for Quotes for Fuel dated: October 21, 2019; 950 Gallons of #2 Dyed Diesel; Midway Service ($2.08); Howes Oil ($2.0875); CHS, Inc., Olson Oil Stern Oil, Farstad Oil, Harms Oil, and Cole’s Petroleum, all no bid. Bid awarded to: Midway Service. 19. Report of Requests for Quotes for Fuel dated: October 23, 2019; Unleaded Ethanol (2,000 Gallons) and #2 Dyed Diesel (4,500 Gallons); Coles Petroleum ($1.9736 Unleaded and $1.9991 Diesel); Farstad Oil ($1.987 Unleaded and $2.013 Diesel); Stern Oil ($2.0149 Unleaded and $2.0179 Diesel); Vollan Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 20. Report of Requests for Quotes for Fuel dated: October 25, 2019; Unleaded Ethanol (4,000 Gallons) and #2 Dyed Diesel (2,400 Gallons); Vollan Oil ($1.9959 Unleaded and $2.0412 Diesel); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, and CHS, Inc., all no bid. Bid awarded to: Vollan Oil. 21. Report of Requests for Quotes for Fuel dated: October 28, 2019; 2,000 Gallons Unleaded Ethanol; Cole’s Petroleum ($2.1087); Vollan Oil ($2.0405); CHS Inc., Olson Oil, Farstad Oil, Harms Oil, Stern Oil, no bid. Bid awarded to: Vollan Oil. 22. Report of Requests for Quotes for Fuel dated: October 29, 2019; Unleaded Ethanol (3,200 Gallons), Dyed Diesel #1 (2,500 Gallons), and Dyed Diesel #2 (2,500 Gallons); Cole’s Petroleum ($2.0138 Unleaded and $2.3391 Dyed Diesel #1 and #2.0190 Dyed Diesel #2); Vollan Oil ($2.0275 Unleaded and 2.3445 Dyed Diesel #1 and 2.0145 Dyed  Diesel #2). Farstad Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS 23. Special One-Day Liquor License for JJ’s Wine, Spirits & Cigars to be operated at the Old Courthouse Museum, 200 West 6th Street, for a Cinema Falls cocktail party on November 10, 2019. 24. Special One-Day Liquor License for Washington Pavilion Management Inc. to be operated at the Orpheum Theater, 315 North Phillips Avenue, for Hey! Sioux Falls Reception on November 7, 2019. 25. Special One-day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for performances on November 10, 11, 12 15, 16, and 17, 2019. 26. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2020 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. The following abatements were approved by the Minnehaha County Commission: 27. Parcel #19048, for 2018 property taxes in the amount of $407.68. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 28. Parcel #41856, for 2018 property taxes in the amount of $760.20. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 29. Parcel #43141, for 2018 property taxes in the amount of $736.21. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 30. Parcel #48469, for 2018 property taxes in the amount of $1,508.01. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 31. Parcel #51938, for 2018 property taxes in the amount of $1,508.01. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 32. Parcel #61181, for 2018 property taxes in the amount of $252.02. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 33. Parcel #62395, for 2018 property taxes in the amount of $1,508.01. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 34. Parcel #64564, for 2018 property taxes in the amount of $632.13. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 35. Parcel #66647, for 2018 property taxes in the amount of $380.12. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 36. Parcel #70465, for 2018 property taxes in the amount of $131.76. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 37. Parcel #70618, for 2018 property taxes in the amount of $504.05. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 38. Parcel #72733, for 2018 property taxes in the amount of $128.09. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 39. Parcel #85859, for 2018 property taxes in the amount of $268.57. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 40. Parcel #87532, for 2018 property taxes in the amount of $1,606.96. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 41. Parcel #87945, for 2018 property taxes in the amount of $760.21. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 42. Set a date of hearing for Tuesday, November 18, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Best Western Glo Sioux Falls, 1211 South Darryl Place (CUP not required). 43. Set a date of hearing for Tuesday, November 18, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks II-B, 4823 South Louise Avenue, Suite 101 (CUP not required). 44. Set a date of hearing for Tuesday, November 18, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks II-B, 4823 South Louise Avenue, Suite 101 (CUP not required). 45. Set a date of hearing for Tuesday, November 18, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks IV-B, 1213 East Benson Road (CUP not required). 46. Set a date of hearing for Tuesday, November 18, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks IV-B, 1213 East Benson Road (CUP not required). 47. Set a date of hearing for Tuesday, November 18, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Chance Casino, 5503 North Cliff Avenue, with Conditional Use Permit (10515-2019) being approved on September 4, 2019. 48. Set a date of hearing for Tuesday, November 18, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Chance Casino, 5503 North Cliff Avenue, with Conditional Use Permit (10515-2019) being approved on September 4, 2019. 49. Set a date of hearing for Tuesday, November 18, 2019. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License and Transfer of 2019 Retail Wine License from Siwakoti Brothers LLC, Himalayan Indian Cuisine, 5310 East Arrowhead Parkway, to Kathmandu Indian Cuisine LLC, Kathmandu Indian Cuisine, 5310 East Arrowhead Parkway (full service restaurant; CUP not required). 50. Set a date of hearing for Tuesday, November 18, 2019. Special One-Day Wine License for Winetime on Main to be operated at the Washington Square 8th floor common area, 350 South Main Avenue, for wine education on December 4, 2019. 51. Set a date of hearing for Tuesday, November 18, 2019. Special One-Day Liquor License for JJ’s Wine, Spirits and Cigars to be operated at the Sanford Event Barn, 2510 East 54th Street North. 52. Set a date of hearing for Tuesday, November 18, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Plaza Inc. to be operated at Stockyards Ag Experience Barn, 301 East Falls Park Drive, for a private social on December 9, 2019. REGULAR AGENDA 53. 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 Kiley to amend the Regular Agenda by moving Item 78 to immediately follow Item 65. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 54. PUBLIC INPUT James Reed spoke about getting an apartment and thanked the Council for their work. Heather Pastor spoke about an incident at a local church and the need to understand people with disabilities. Tim Stanga indicated there was no sound in the chambers. Clara Hart spoke about her experiences as a refugee and encouraged others to continue making Sioux Falls a welcoming place for immigrants. John Mogen spoke about an upcoming event, Sioux Falls Sings, at the University of Sioux Falls on Sunday, November 10, 2019, at 4 p.m.  David Zokaites spoke about a case description he filed at the U.S. District Court. Christopher Bruce spoke about his opposition to 5G in the city and elsewhere and indicated there should be more openness about safety and its current uses. Jeff Mernell spoke about his concerns regarding the increase in panhandling in the city and urged the Council to take steps to curb it. Steven Siano spoke about the dangers of believing certain information about 5G and urged others to get the facts about the technology. Feros Deraney spoke about the City Ordinance regarding multi-family housing repairs. He stated the ordinance presents an undue burden on landlords by requiring all repairs be done by a professional, opposed to single-family homeowners who may do the work themselves. He explained the costs are passed on to the tennants and is an unnecessary expense particularly when many landlords are able to do the work themselves. UNFINISHED BUSINESS Sub-Items 1, 33, 34, and 35 to Agenda Item 7 were heard at this time. 55. 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). Pending final inspections per Building Services. 56. 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. 57. 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. 58. 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. Pending permit issuance and final inspections per Building Services. 59. 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. Pending permit issuance and final inspections per Building Services. 60. 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. 61. 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. 62. 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. 63. 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. 64. 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. A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Items 55 through 64. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 65. 2nd 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). A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 102-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 66. 2nd 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).  A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 103-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 67. 2nd 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). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 104-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 68. 2nd 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. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Ordinance No. 105-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 69. 2nd 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. A motion was made by Council Member Brekke and seconded by Council Member Stehly to adopt Ordinance No. 106-19. A motion was made by Council Member Brekke and seconded by Council Member Stehly to amend 90.100 by replacing (g) with the following, “The initial permit application must be accompanied by a written consent of 80% of property owners of all property situated within 100 feet of the applicant’s property line, and 100% of all property owners abutting the applicant’s property” and replacing (h) with the following, “Hobby beekeeping shall only be allowed on property that is classified as DD, AD1, OPEN2 and OPEN3 forms in Chapter 160”.  Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend by adding the following sentence at the end of (g), “The applicant must comply with this provision every three years upon reapplication.” A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend the amendment by adding the following sentence at the end of (g): "Beekeepers are subject to annual inspections to be conducted by animal control." Roll call vote to amend the amendment. 5 Yes: Selberg, Starr, Stehly, Brekke, Neitzert; 3 No: Soehl, Erickson, Kiley. Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Erickson to amend by adding a new paragraph, 90.101 (e), to read: “A sign provided by animal control denoting a restricted animal shall be displayed on a place clearly visible from the sidewalk or road adjacent to the property where the bee hive(s) is kept. Said sign must warn the public as follows: WARNING. BEE HIVE ON THIS PROPERTY. REPORT VIOLATIONS TO SIOUX FALLS ANIMAL CONTROL).” A motion was made by Council Member Soehl and seconded by Council Member Erickson to amend the amendment by striking "Warning." before "Bee Hive" and inserting "(367-7000)" after "Animal Control". Roll call vote to amend the amendment. 6 Yes: Selberg, Soehl, Starr, Erickson, Kiley, Neitzert; 2 No: Stehly, Brekke. Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the amendment by striking the phrase "denoting a restricted animal". Roll call vote to amend the amendment. 5 Yes: Selberg, Soehl, Erickson, Kiley, Neitzert; 3 No: Starr, Stehly, Brekke. Motion Passed. Roll call vote to amend, as amended. 5 Yes: Selberg, Soehl, Erickson, Kiley, Neitzert; 3 No: Starr, Stehly, Brekke. Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend by striking the phrase "or dense vegetation" from Section 90.102(b)(2). Roll call vote to amend. 5 Yes: Selberg, Starr, Stehly, Brekke, Neitzert; 3 No: Soehl, Erickson, Kiley. Motion Failed. Roll call vote to adopt, as amended. 6 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Neitzert; 2 No: Erickson, Kiley. Motion Passed. ORDINANCE FIRST READINGS 70. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS & STREETS WINTER OPERATIONS. $3,000,000. Recommendation: Set a date of 2nd Reading for Tuesday, November 12, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 12, 2019 for Item 70. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS & STREETS AND PARKS AND RECREATION. Highways and Streets ($1,600,000.); Parks and Recreation ($200,000.); Highways and Streets ($400,000.); Highways and Streets ($2,040,000.); and Highways and Streets ($200,000.). Recommendation: Set a date of 2nd Reading for Tuesday, November 12, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 12, 2019 for Item 71. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 51.081(d)(1) OF THE CODE OF ORDINANCES OF THE CITY TO CORRECT AN ERROR PERTAINING TO THE 2020 RATE FOR GREASE AS IT RELATES TO WASTEWATER CHARGES FOR SIOUX FALLS LOCAL WASTEWATER CUSTOMERS. Recommendation: Set a date of 2nd Reading for Tuesday, November 12, 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 12, 2019 for Item 72. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 73. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150: BUILDING; SUBCHAPTER: ELECTRICITY, TO CLARIFY THE ROLE OF AN EX OFFICIO MEMBER. Recommendation: Set a date of 2nd Reading for Tuesday, November 12, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 12, 2019 for Item 73. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 74. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 32: CITY ORGANIZATIONS; SUBCHAPTER: CHARTER REVISION COMMISSION, TO CLARIFY THE EX OFFICIO ROLE OF THE CITY ATTORNEY. Recommendation: Set a date of 2nd Reading for Tuesday, November 12, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, November 12, 2019 for Item 74. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 75. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (PREMIER Club) Recommendation: Set a date of 2nd Reading for Monday, November 18, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to set a date of 2nd Reading for Monday, November 18, 2019 for Item 75. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 76. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (Bud Light Lounge) Recommendation: Set a date of 2nd Reading for Monday, November 18, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Monday, November 18, 2019 for Item 76. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Kiley, Neitzert; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. HEARINGS AND RESOLUTIONS 77. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF AKERSON ADDITION. The Planning Commission recommends denial (0-4). A motion was made by Council Member Kiley and seconded by Council Member Neitzert to approve Item 77. Roll call vote to approve. 0 Yes: (None); 7 No: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert. Motion Failed. Selberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 78. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF GRASSLANDS 3RD ADDITION. The Planning Commission recommends approval (4-0).  A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 102-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 102-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF GRASSLANDS 3RD ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Grasslands 3rd Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 11/05/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 79. A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP 19002, NEW PARKING FACILITY. A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve Item 79. A motion was made by Council Member Starr and seconded by Council Member Brekke to defer the item to the meeting of Tuesday, November 12, 2019. Roll call vote to defer. 5 Yes: Starr, Stehly, Brekke, Erickson, Kiley; 3 No: Selberg, Soehl, Neitzert. Motion Passed. 80. 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 Starr to adopt Resolution No. 101-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 101-19 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 Daniel Fritz Board of Ethics Appointed for a term from November 2019 to November 2023 (to replace Jeffrey Gednalske). Cynthia Binkerd Falls Community Reappointed for a term from November Health Center 2019 to November 2022. Governing Board Brenda Parker Falls Community Appointed for a term from November Health Center 2019 to October 2020 (to fill the Governing Board unexpired term of Gwen Martin- Fletcher). Michael Lynch Public Transit Reappointed for a term from November Advisory Board 2019 to November 2022. Jason Van Engen Public Transit Appointed for a term from November Advisory Board 2019 to November 2022. Michael Childers Sioux Falls State Appointed for a term from November Theatre Board 2019 to November 2022. Roger Weber Sioux Falls State Appointed for a term from November Theatre Board 2019 to November 2022. Joseph Glasford Zoological Society of Appointed for a term from November Sioux Falls 2019 to March 2020 (to fill the unexpired term of Lane Lundeby). Date adopted: 11/05/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 11:15 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk