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City of Sioux Falls Council Meeting

Agenda

Carnegie Town Hall, 235 West 10^th Street

MEETING OF Tuesday, April 3, 2018 at 7 PM

ROLL CALL

MEMBERS PRESENT/ABSENT

Council Member Christine M. Erickson

Council Member Michelle Erpenbach

Council Member Rick Kiley

Council Member Greg Neitzert

Council Member Rex Rolfing

Council Member Marshall Selberg

Council Member Pat Starr

Council Member Theresa Stehly

Mayor Mike T. Huether

INVOCATION

●	Teri Nyberg, Direct Line Prayer Center

PLEDGE OF ALLEGIANCE

PROCLAMATIONS

●	National Service Recognition Day - April 3, 2018

●	Fair Housing Month - April, 2018

RECOGNITION/AWARDS

●	SIOUXPERHERO Citizen Recognition Awards

CONSENT AGENDA ITEMS

APPROVAL OF CONSENT AGENDA

MINUTES

●	City Council Meeting of Tuesday, March 20, 2018, at 7 p.m.

●	Informational Meeting of Tuesday, March 27, 2018, at 4 p.m.

COMMUNICATIONS

1.	Approval of contracts/agreements on the March 30, 2018, memo.

2.	A communication was received from Oyameda Otaigbe and Alissa Doom, requesting permission to consume, but not sell, liquor, wine, and/or malt beverages, at the Old Courthouse Museum, 200 West 6th Street, on Friday, April 27, 2018, pursuant to SDCL 35-1-5.5, for a wedding.

3.	A communication was received from Royal Sonsalla, requesting permission to consume, but not sell, beer and wine at the Old Courthouse Museum, 200 West 6th Street on Saturday, May 12, 2018, pursuant to SDCL 35-1-5.5 for the purpose of a wedding.

4.	A communication was received from Ruth Reisenweber requesting permission to consume, but not sell, a wine toast at the Old Courthouse Museum, 200 West 6th Street on Saturday, September 15, 2018, pursuant to SDCL 35-1-5.5, for the purpose of a wedding.

5.	Report of Requests for Quotes for Fuel dated: March 15, 2018; Unleaded Ethanol; 8,500 Gallons; Cole’s Petroleum ($2.0805); Stern Oil ($2.1336); Midway Service, Harms Oil, Howes Oil, CHS, Inc., Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum.

Report of Requests for Quotes for Fuel dated: March 16, 2018; 7,500 Gallons of Dyed Diesel # 1 and 7,500 Gallons of Dyed Diesel # 2; Cole’s Petroleum ($2.1175 #1 & $2.0640 #2;) Harms Oil ($2.0834 #1 & $2.0416 #2); Stern Oil: ($2.0988 #1 & #2); Midway Service, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Harms Oil.

Report of Requests for Quotes for Fuel dated: March 22, 2018; 700 Gallons Unleaded, 190 Gallons of each #1 and #2 Clear Diesel; Midway Service ($2.214 Unleaded, $2.43 #1 Diesel & $ 2.42 #2 Diesel); Howes Oil ($2.2185 Unleaded, $2.5725 #1 Diesel, $2.4725 & #2 Diesel); Cole's Petroleum, Harms Oil, Stern Oil, CHS, Inc. and Olson Oil, all no bid. Bid awarded to: Midway Service.

8.	Report of Requests for Quotes for Fuel dated: March 23, 2018; 8,500 Gallons of Unleaded; Midway Service ($2.1588); Cole’s Petroleum ($2.1908); Harms Oil ($2.1882); Howes Oil: ($2.1785); Stern Oil ($2.2104); CHS, Inc., and Olson Oil, both no bid. Bid awarded to; Midway.

9.	Report of Requests for Quotes for Fuel dated March 23, 2018; #1 and #2 Clear Diesel; 7,500 Gallons; CHS, Inc. ($2.595 #1 Clear Diesel, $2.4475, #2 Clear Diesel); Howes Oil ($2.505 #1 Clear Diesel, $2.438, #2 Clear Diesel); Harms Oil and Midwest Oil, both no bid. Bid awarded to: Howes Oil.

APPLICATIONS

The following abatements were recommended for approval by the Director of Equalization and deemed legally sufficient by the State's Attorney's Office for Minnehaha County and the City Attorney for Sioux Falls:

10.	Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion of Arts & Sciences, 301 South Main Avenue, for special events on April 28, June 23, August 25, September 15, and November 2, 2018.

11.	Roger Scott, 7542 S. Grand Arbor Place, Parcel No. 281.57.03.001A, for 2017 property taxes in the amount of $634.48. Reason: Unjust increase in assessed and equalized property values and taxes. LINCOLN COUNTY ITEM (FOR HEADER).

12.	Allen Development, LLC, 48022 Timber Ridbe Place, Parcel No. 281.89.00.A300, for 2017 property taxes in the amount of $2,038.01. Reason: Error in an identifying entry or description of the real property. LINCOLN COUNTY

13.	Michael K. and Karen L. Wajer, 5117 S. Drexel Drive, Parcel No. 280.30.05.006, for 2017 property taxes in the amount of $498.00. Reason: Should have received Owner Occupied status.

14.	Vera Gravett, 2812 E. 15th Street, Parcel No. 30591, for 2017 property taxes in the amount of 153.37.

15.	Cathalyn Parker-Poppinga, 1209 N. Holly Avenue, Parcel No. 39855, for 2017 property taxes in the amount of $917.09.

16.	Don Capen, 2301 S. Center Avenue, Parcel No. 45764, for 2017 property taxes in the amount of $ 272.36.

17.	Mary Kjergaard, 1512 S. Bahnson, Parcel No. 49308, for 2017 property taxes in the amount of $ 346.68.

18.	Ross Painter, 2616 W. 18th Street, Parcel No. 52904, for 2017 property taxes in the amount of $736.46.

19.	Carol Harms, 1723 S. Paisley Lane, Parcel No. 65551, for 2017 property taxes in the amount of $396.56.

20.	Charles Geurts, 7808 W. Vista Park Street, Parcel No. 86746, for 2017 property taxes in the amount of $1,090.28.

NOTICE OF HEARINGS

Set a date of hearing

21.	Transfer of 2018 Retail Liquor License, with Sunday sales, from BOB LLC, Will’s Training Table, 4021 North Bobhalla Drive, to Sanford Health, Sanford Foundation House, 2335 East 60^th Street North (CUP not required).

22.	Transfer of 2018 Retail Liquor License, with Sunday sales and video lottery terminals, from The Brady Brunch Inc., Beef O Brady’s, 2210 West 69^th Street, to BOB LLC, Will’s Training Table, 4021 North Bobhalla Drive (Full services restaurant, CUP not required).

23.	New 2018 Package Liquor License for Robert Wentz, Booze Boys, 502 South Cleveland Avenue (CUP not required).

24.	Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, Stockyards Ag Experience Barn, 301 East Falls Park Drive, for a special event on May 1, 2018.

25.	Special One-Day Liquor License for Ramkota Companies Inc., Best Western Ramkota Hotel, to be operated at Avera Prairie Center, 1000 East 23^rd Street, for a Chamber Mixer on May 8, 2018.

26.

27.	Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8^th & Railroad Center Parking Lot, 401 East 8^th Street, for Eastbank Block Parties on June 1, July 6, August 3 and September 7, 2018.

28.	Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8^th & Railroad Center Parking Lot, 401 East 8^th Street, for Eastbank Block Parties on June 1, July 6, August 3 and September 7, 2018.

29.

Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated on Phillips Avenue from 10^th Street to 14^th Street; Main Avenue from 10^th Street to 14^th Street; 11^th Street from Dakota Avenue to Mall Avenue, 12^th Street from Main Avenue to Phillips Avenue, 13^th Street from Main Avenue to 1^st Avenue, for Hot Summer Nites on July 18, 2018.

30.

Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated on the River Greenway from 6^th Street to South of 8^th Street including Raven Industries riverfront and parking lot located at 205 East 6th Street, to include the prairie area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6^th Street and south to Cherapa Place, for Downtown Riverfest on August 18, 2018.

31.	Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Center of Equality to be operated at Terrace Park, 1100 West 4^th Street, for a special event on June 16, 2018.

32.	Special One-Day Malt Beverage License for Jam Art & Supply to be operated at Cherapa Place east parking lot, 300 North Cherapa Place, for 605 Summer Classic on June 22-23, 2018.

REGULAR AGENDA ITEMS

APPROVAL OF REGULAR AGENDA

PUBLIC INPUT

UNFINISHED BUSINESS

33.	New 2017-18 Retail Malt Beverage License for West Mall Theatres Inc., West Mall 7, 2101 West 41st Street, #33 (CUP not required).

34.	New 2018 Retail Wine License for West Mall Theatres Inc., West Mall 7, 2101 West 41st Street, #33 (CUP not required).

35.	New 2018 Retail Wine License for Corner Pub & Casino Inc., Corner Pub and Casino, 2408 East 6th Street (CUP not required, this is an addition to an existing license which predates the ordinance).

36.	Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery terminals, from Liebrary Holdings, Inc., Liebrary Bar, 5108 South Marion Road, to MG Oil Company, Liebrary Bar, 5108 South Marion Road.

37.	Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery terminals, from SD Billy Frogs, Inc., Billy Frogs Bar and Grill, 5002 South Marion Road, to MG Oil Company, Billy Frogs, 5002 South Marion Road.

38.	Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery terminals, from Red Eye Holdings, Inc., Red Eye Bar, 5013 North Cliff Avenue, to MG Oil Company, Red Eye Bar, 5013 North Cliff Avenue.

39.	Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery terminals, from Taylor Ventures, Inc., Bubba J’s, 114 North Indiana Avenue, to MG Oil Company, Bubba J’s, 114 North Indiana Avenue.

40.	Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery terminals, from Our Ventures, Inc., The 18th Amendment, 1301 West 41st Street, to MG Oil Company, The 18th Amendment, 1301 West 41st Street.

41.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from Pinball Inc., Jokerz 5, 2220 South Minnesota Avenue, Suite 100, to MG Oil Company, Jokerz 5, 2220 South Minnesota Avenue, Suite 100.

42.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from Pinball Inc., Jokerz 6, 2220 South Minnesota Avenue, Suite 102, to MG Oil Company, Jokerz 6, 2220 South Minnesota Avenue, Suite 102.

43.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from TJT Inc., Jokerz Too Casino, 2401 West 12th Street, to MG Oil Company, Jokerz Too Casino, 2401 West 12th Street.

44.	Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT Inc., Jokerz Too Casino, 2401 West 12th Street, to MG Oil Company, Jokerz Too Casino, 2401 West 12th Street.

45.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from TJT Inc., Jokerz 3, 5005 West 12th Street, to MG Oil Company, Jokerz 3, 5005 West 12th Street.

46.	Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT Inc., Jokerz 3, 5005 West 12th Street, to MG Oil Company, Jokerz 3, 5005 West 12th Street.

47.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from TJT Inc., Jokerz 4, 2218 South Minnesota Avenue, to MG Oil Company, Jokerz 4, 2218 South Minnesota Avenue.

48.	Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT Inc., Jokerz 4, 2218 South Minnesota Avenue, to MG Oil Company, Jokerz 4, 2218 South Minnesota Avenue.

49.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from Stanton Inc., Chubby’s, 2309 West Madison Street, to Osmina Halilovic, Emina Sports Coffee Bar, 2309 West Madison Street, with Conditional Use Permit (8110-2018) being approved on March 7, 2018.

50.	Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery terminals, from CPAG LLC, The Rush, 2701 West 41st Street, to CPAG LLC, The Rush, 2701 West 41st Street, to include the fenced outdoor patio area located on the east side of the building.

51.	Transfer of 2017-18 Retail Malt Beverage License, including video lottery terminals, from Neon Corporation, Neon Diner and Casino, 4101 East 10th Street, to Neon Properties, Neon Casino, 4101 East 10th Street.

52.	Transfer of 2018 Retail Liquor License, including Sunday sales, from Bracco Limited Partnership, Bracco, 5001 South Western Avenue, to Vanguard Hospitality, Turks & Caicos Cabana Grille, 5001 South Western Avenue. Pending final inspections per Health.

53.	Transfer of 2018 Retail Liquor License, including Sunday sales, from Elmwood Hospitality, Crooked Pint Ale House, 2020 West Russell Street, to Elmwood Hospitality, Crooked Pint Ale House/Holiday Inn Hotel & Suites, 2020-2040 West Russell Street (CUP not required).

54.	Transfer of 2018 Retail Liquor License, including Sunday sales, from Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, 3221 East 10th street, to Apple SF2 LLC, Applebee’s Neighborhood Grill & Bar, 3221 East 10th Street, with an effective date of April 16, 2018.

55.	Transfer of 2018 Retail Liquor License, including Sunday sales, from Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, 4001 West 41st Street, Suite 932, to Apple SXF LLC, Applebee’s Neighborhood Grill & Bar, 4001 West 41st Street, Suite 932, with an effective date of April 16, 2018.

56.	Special One-Day Malt Beverage and Special One-Day Wine Licenses for Augustana University, 2001 South Summit Avenue, for a special event on April 13, 2018.

57.	Special One-Day Malt Beverage and Special One-Day Wine Licenses for Westward Ho Country Club Inc., The Country Club of Sioux Falls to be operated at Sioux Falls Ford, 4901 West 26th Street, for a social event on April 18, 2018.

58.	Special One-day Malt Beverage License for Falls Area Single Track to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on April 21, 2018.

59.	Special One-Day Liquor License request for TNT Entertainment, Wiley’s Tavern to be operated at 337 North Phillips Avenue (Albert House parking lot), for an outdoor concert on July 13, 2018.

INTRODUCTION AND ADOPTION OF ORDINANCES

Set a date of hearing and 2nd Reading

60.	2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156: FLOODPLAIN MANAGMENT.

61.	2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER: ON-PREMISES SIGN REGULATIONS.

62.

2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND EAST AND WEST OF N. WESTPORT AVE, FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE S-2, INSTITUTIONAL CAMPUS PLANNED UNIT DEVELOPMENT DISTRICT PETITION NO. 7983-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).

63.

2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 26TH ST. AND S. VETERANS PARKWAY FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, O OFFICE, LW LIVE/WORK, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3 COMMERCIAL—COMMUNITY, AND CN CONSERVATION DISTRICTS PETITION NO. 8039-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).

64.

2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. MADISON ST. AND EAST/WEST OF N. VETERANS PARKWAY FROM THE LW LIVE/WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE CN CONSERVATION DISTRICT PETITION NO. 8092-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).

65.

2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND WEST OF S. GRAYSTONE AVE. FROM THE LW LIVE/WORK DISTRICT TO THE CN CONSERVATION DISTRICT NO. 8093-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).

66.

2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF S. SOUTHEASTERN AVE. FROM THE AG AGRICULTURE & RS, SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN & RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS PETITION NO. 8102-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).

67.

2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 617 S. MAIN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION NO. 8107-2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).

68.	1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO EXECUTE AND RECORD QUITCLAIM DEEDS OF VACATED RIGHT-OF-WAY.

69.	1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 51 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO NEW AND EXPANDING INDUSTRIAL ELECTRIC CUSTOMERS.

HEARINGS AND RESOLUTIONS

70.	A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY.

71.	A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD SPORTS COMPLEX SOUTH ADDITION.

72.	A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF DAKOTA PRAIRIE EAST ADDITION.

73.	A RESOLUTION SEVERING PHASE I AND PHASE II OF THE BASIN 17 SANITARY SEWER COST RECOVERY AND DETERMINING THE COST RECOVERY FOR PHASE I HAS BEEN SATISFIED.

74.	A RESOLUTION APPROVING THE RELEASE OF AN EXISTING 20' SANITARY SEWER EASEMENT LOCATED IN LOT 26B IN BLOCK 7 OF RESERVE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD.

75.	A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.

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)

76.	REPORT OF THE MARCH 14, 2018, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.

NEW BUSINESS

ITEMS ADDED AFTER AGENDA DEADLINE

The City Council may include other such business as may come before this body.

77.	A RESOLUTION OF THE CITY OF SIOUX FALLS REQUESTING THE RELEASE OF ANY FALLS PARK SAFETY STUDIES, WHICH BELONG TO THE CITY AFTER JANUARY 1, 2008.

ADJOURNMENT

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