City Council Meeting

MINUTES City Council Meeting Monday, November 18, 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 Pat Starr, Council Member Theresa Stehly, 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 Absent: Mayor Paul TenHaken Council Member Janet Brekke attended the meeting via teleconference. 2. INVOCATION  Reverend Jonathan Langerak, Heritage Protestant Reformed Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Theresa Stehly to place the 2020 Renewal of a Package Liquor License for Walia Convenience Store, 812 E. Tenth St. from Agenda Item 14 on the Regular Agenda for Council discussion. See Item 14 for action taken. 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: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 12, 2019  City Council Meeting of Tuesday, November 12, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 15, 2019. 7. Report of Requests for Quotes for Fuel dated: November 5, 2019; Dyed Diesel #1 (3,500 Gallons) & Dyed Diesel #2 (3,500 Gallons): Vollan Oil (Dyed Diesel #1 $2.3429 and Dyed Diesel #2 $2.03095); Cole’s Petroleum (Dyed Diesel #1 $2.3492 and Dyed Diesel #2 $2.026); Howes Oil, Harms Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: November 6, 2019; Unleaded Ethanol (2,000 Gallons); Vollan Oil ($2.0727); Harms Oil, Stern Oil, CHS, Inc., Farstad Oil, Olson Oil, Howes Oil, and Cole's Petroleum, all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: November 8, 2019; Dyed Diesel #1 (1,000 Gallons); Dyed Diesel #2 (1,950 Gallons); Unleaded (2,000 Gallons); & DEF (370 Gallons): Vollan Oil (Dyed Diesel #1 $2.59; Dyed Diesel #2 $2.19; Unleaded $2.1746; DEF $1.25; Dyed Diesel #2 $2.39); Cole’s Petroleum, Howes Oil, Harms Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: November 12, 2019; Dyed Diesel #1 (1,875 Gallons); Dyed Diesel #2 (1,875 Gallons); Unleaded (2000 Gallons): Vollan Oil (Dyed Diesel #1 $2.4085; Dyed Diesel #2 $2.0744; Unleaded $2.0165), Cole’s Petroleum (Dyed Diesel #1 $2.3913; Dyed Diesel #2 $2.0397; Unleaded $1.9867), Harms Oil (Dyed Diesel #1 $2.4554; Dyed Diesel #2 $2.1079; Unleaded $2.0520) Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 11. Approval of a request from Cave Enterprises d/b/a Burger King to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on December 9, 2019, for the following purpose: Leader's Christmas Party. APPLICATIONS 12. Amend New 2019 Retail Wine and Cider License, approved on August 5, 2019, for Black Events & Advertising Inc., Escapades, 3509 South Norton Avenue, by changing the license to a 2020 Retail Wine and Cider License. 13. Special 1-day Liquor Licenses for Washington Pavilion Management, 301 South Main Avenue, for performances on November 21, December 4, 17, 20, 21, 2019 and January 14, 15, 16, February 8, 9, 10, 14 25 & 26, 2020. 14. 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 B. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the 2020 Renewal of a Package Liquor License for Walia Convenience Store, 812 E. Tenth St.  A motion was made by Council Member Kiley and seconded by Council Member Erickson to defer the renewal hearing to the meeting of Tuesday, December 3, 2019. Roll call vote to defer. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, December 3, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine and Cider License for OG Greens LLC, OG Greens, 421 North Phillips Avenue, Suite 111 (CUP not required). 16. Set a date of hearing for Tuesday, December 3, 2019. Transfer of 2019 Retail Liquor License and 2019 Package Liquor License from Vanguard Hospitality LLC, Minerva’s, 301 South Phillips Avenue, to Vanguard Hospitality I, Minerva’s, 301 South Phillips Avenue. 17. Set a date of hearing for Tuesday, December 3, 2019. Transfer of 2019 Retail Liquor License and 2019 Package Liquor License from Vanguard Hospitality LLC, Grille26, 1716 South Western Avenue, to Vanguard Hospitality II, Grille26, 1716 South Western Avenue. 18. Set a date of hearing for Tuesday, December 3, 2019. Transfer of 2019 Retail Liquor License and 2019 Package Liquor License from Vanguard Hospitality LLC, Morrie’s, 2507 South Shirley Avenue, to Vanguard Hospitality III, Morrie’s, 2507 South Shirley Avenue. 19. Set a date of hearing for Tuesday, December 3, 2019. Transfer of 2019 Retail Liquor License from Vanguard Hospitality LLC, Turks & Caicos Cabana, 5001 South Western Avenue, to Vanguard Hospitality IV, Turks & Caicos Cabana, 5001 South Western Avenue. 20. Set a date of hearing for Tuesday, December 3, 2019. Transfer of 2019 Retail Liquor License from T180 Development LLC, Tavern 180, 2101 West 69th Street, Suite 107, to T180 SF LLC, Tavern 180, 2101 West 69th Street, Suite 107. 21. Set a date of hearing for Tuesday, December 3, 2019. New 2018 Package Liquor Delivery License for Williquors Inc, Williquors, 3625 West Avera Drive. 22. Set a date of hearing for Tuesday, December 3, 2019. New 2019-20 Retail Malt Beverage License/SD Farm Wine License and 2020 Retail Wine and Cider License for Thunder Road of Sioux Falls, 201 North Kiwanis Avenue (CUP not required). 23. Set a date of hearing for Tuesday, December 3, 2019. Special 1-day Malt Beverage and Special 1-day Wine License for the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue, for a Chef Cook-off on December 7, 2019. 24. Set a date of hearing for Tuesday, December 3, 2019. 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 E. REGULAR AGENDA 25. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Stehly to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend the Regular Agenda by moving Item 50 to immediately follow Item 38. Roll call vote to amend. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 26. PUBLIC INPUT Bruce Danielson spoke about the public parking facility and questioned several decisions of the Council. David Zokaites spoke about cost overruns and ways to avoid them. Christopher Bruce spoke about the dangers of 5G technology. Steven Siano spoke about 5G technology and the suppression of information by the Council and City Departments. The 2020 Renewal of a Package Liquor License for Walia Convenience Store, 812 E. Tenth St. from Agenda Item 14 was heard at this time. See item for action taken. UNFINISHED BUSINESS 27. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Best Western Glo Sioux Falls, 1211 South Darryl Place (CUP not required). Pending final inspections per Fire, Health and Building Services. 28. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks II-B, 4823 South Louise Avenue, Suite 101 (CUP not required). Pending Plan review per Building Services. 29. 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). Pending Plan review per Building Services. 30. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Happy Jacks IV-B, 1213 East Benson Road (CUP not required). Pending Plan review per Building Services. 31. 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). Pending Plan review per Building Services. 32. 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. Pending Plan review per Building Services. 33. 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. Pending Plan review per Building Services. 34. 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). Pending final inspection per Health. 35. 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. 36. 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. 37. 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. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to approve Items 27 through 37. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to amend Items 30 and 31 by adding “Suite 102” after 1213 E. Benson Rd. Roll call vote to amend. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 38. 2nd Reading: Deferred from the meeting of Tuesday, September 17, 2019; 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 adopt Ordinance No. 113-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Item 50 was heard at this time. See item for action taken. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (PREMIER Club) A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 114-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. (Bud Light Lounge) A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 115-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 47TH ST. AND EAST OF S. WESTERN AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 11297-2019, 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, December 3, 2019. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 12TH ST. AND WEST OF S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—  SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS, NO. 11271-2019, 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, December 3, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 42. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3920 S. HAWTHORNE AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE O OFFICE DISTRICT, NO. 11270-2019, 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, December 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 43. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Kiley was not present for the vote on this motion. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF HIGHWAY 11 AND SOUTH OF E. 57TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 11237-2019, 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, December 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 44. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Kiley was not present for the vote on this motion. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NE CORNER OF W. MADISON ST. AND N. VALLEY VIEW RD. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, O OFFICE, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS, NO. 11135-2019, 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, December 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 45. Roll call vote to set a date of 2nd Reading. 6 Yes: Starr, Brekke, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Stehly, Kiley was not present for the vote on this motion. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE AND DEVELOPMENT AGREEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 46. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING AN OPTION TO PURCHASE. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2019. A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 47. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AN EASEMENT TO SPRINT COMMUNICATIONS COMPANY, L.P. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2019. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 48. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2019.  A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 3, 2019 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. HEARINGS AND RESOLUTIONS 50. Deferred from the meeting of Tuesday, September 17, 2019; 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 adopt Resolution No. 109-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 51. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (Martin Luther King). A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 110-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Brekke was not present for the vote on this motion. 52. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 111-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 53. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 4, 2020, TO MONDAY, FEBRUARY 3, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 112-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. NEW BUSINESS  There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 9:32 p.m. Voice vote to adjourn. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk