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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 2, 2011

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Monday, May 2, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member James Entenman Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Pastor Doug Bartel, Hillcrest Baptist Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  The Big Squeeze Month, May 2011  Municipal Clerk's Week, May 2-6, 2011  Public Service Recognition Week, May 1-7, 2011 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, April 18, 2011, at 4:00 p.m.  Joint City Council/Minnehaha County Meeting of Monday, April 18, 2011, at 5:00 p.m.  City Council Meeting of Monday, April 18, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Siouxland Heritage Museums requesting permission to consume, but not sell, wine and malt beverages at the Old Courthouse Museum, 200 West 6th Street on Thursday, June 23, 2011, from 5:00 p.m.-7:00 p.m. for the Life on Two Wheels Exhibit Opening. Sponsor: SDCL 35-1-5.3 2. A communication was received from North Central Chapter Paralyzed Veterans of America stating their intent to sell raffle tickets from May 16, 2011 to July 18, 2011 for a television (valued at $400.00). Tickets will be sold at 1 for $5.00 or 3 for $10.00. The proceeds are to be used for the general fund. Sponsor: SDCL 22-25-25 3. A communication was received from Children's Home Society stating their intent to sell raffle tickets from May 23, 2011 to August 9, 2011, for the 1st Prize: Toyota Pruis (valued at $23,000) or a $10,000 cash prize; 2nd Prize: $500.00 gift card or $500.00 cash prize; 3rd Prize: $250.00 cash prize. Tickets will be sold for $100.00 each. The proceeds are to be used for the general operating income to support the programs and services that Children's Home Foundation provides to over 2,000 children per year. Sponsor: SDCL 22-25-25 4. A communication was received from Maycie Hansen requesting permission to consume, but not sell wine, champagne and beer at the Coliseum/Multicultural Center on Friday, September 30, 2011 from 7:00 p.m. to 12:30 a.m. for the purpose of a wedding reception. Sponsor: SDCL 35-1-5.3 5. A communication was received from University of Sioux Falls stating their intent to sell raffle tickets from June 1, 2011 until October 15, 2011, for a 4-day trip for 2 to Paris (lodging and transportation valued at approximately $3000.00). Tickets will be sold for $10.00 each. Proceeds will be used for Music/Education travel abroad for USF Choir Students. Sponsor: SDCL 22-25-25 NOTICE OF HEARINGS Set a date of hearing for Monday, May 16, 2011, at 7:00 p.m. on Items 6 through 18: 6. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Lida Investment Corp., Easy Dough Casino, to be operated at 2309 West 12th Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 7. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Main and Main LLC, Courtyard by Marriott, to be operated at 4300 West Empire Place, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 8. New 2011-12 Package Malt Beverage South Dakota Farm Winery License for Gas Barrel LLC, Gas Barrel, to be operated at 2500 West Madison Street, effective July 1, 2011 (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 9. Transfer of a 2011 Retail Liquor License from Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, 3800 South Louise Avenue #304, to Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, to be operated at 4001 West 41st Street, Suite 932, including Sunday Sales, on approximately October 1, 2011, or upon completion of construction (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 10. Transfer of a 2011 Retail Liquor License from Outback Midwest II LP, Outback Steakhouse #4210, 2411 South Carolyn Avenue, to Outback Steakhouse of Florida LLC, Outback Steakhouse #4210, to be operated at 2411 South Carolyn Avenue, including Sunday Sales (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 11. Special One-Day Liquor Licenses requests for Hy-Vee Inc., All Occasions by Hy-Vee, to be operated at the Delbridge Museum of Natural History, 805 South Kiwanis Avenue, for wedding receptions on July 9 and October 1, 2011. Sponsor: Mayor/Attorney 12. Special One-Day Liquor License requests for SMG, to be operated at the Orpheum Theater, 315 North Phillips Avenue, for wedding receptions on July 2 and September 23, 2011. Sponsor: Mayor/Attorney 13. Special One-Day Liquor License for TSK Inc., Stogeez, to be operated on Phillips Avenue Between 10th and 11th Streets, on July 30, 2011, for the Stogeez Steakout. Sponsor: Mayor/Attorney 14. Special One-Day Liquor License for SKK LLC, Copper Lounge, to be operated at the 1st Avenue Lot #1, 110 South Mall Avenue, on August 14, 2011, for the Summer Giveaway Party. Sponsor: Mayor/Attorney 15. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for various special events on June 4; July 9; and September 10, 17, and 24, 2011. Sponsor: Mayor/Attorney 16. Special One-Day Wine License for Senior Citizen Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Wine/Quilt Show on June 10, 2011. Sponsor: Mayor/Attorney 17. Amend request approved on 03/07/11 for a Special One-Day Malt Beverage and Wine License for the Sioux Falls Jazz & Blues Society for the Jazz & Brews Fundraiser to be held at Vern Eide Acura, 4030 South Grange Avenue, changing the date from June 16 to June 23, 2011. Sponsor: Mayor/Attorney 18. Various Retail Malt Beverage, Package Malt Beverage, and Package Malt Beverage South Dakota Farm Winery License renewals for 2011-12 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to approve the Regular Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to amend the Regular Agenda by moving Item 27 to be heard after Item 19. Vote to amend: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT Josh Keller spoke about a Farm to Restaurant program. Ellie Smith spoke about the proposed Events Center. Anita Wynch spoke about the proposed Events Center. Quadir Aware spoke about the proposed Events Center. Kevin Elsing expressed some concerns associated with the proposed Events Center. Dennis Lauer spoke about the proposed Events Center. Travis Henjum spoke about the proposed Events Center. Anne Hajek spoke about the proposed Events Center. Jean Hazing spoke about the proposed Events Center. Melanie Larsen spoke about the proposed Events Center. Steve Hildebrandt spoke about the proposed Events Center. Andy Traub spoke about the proposed Events Center. Tim Stanga spoke about the proposed Events Center. David Billion spoke about the proposed Events Center. Jared Lawry spoke about the proposed Events Center. INTRODUCTION AND ADOPTION OF ORDINANCES 19. DEFERRED (from the meeting ofApril18, 2011): 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR A MARKET ANALYSIS PROVIDING THE VALUE OF NAMING RIGHTS AND FACILITY SPONSORSHIP PACKAGES FOR AN EVENTS CENTER AND OTHER CITY FACILITIES. ($65,000). Sponsor: Mayor/Community Development A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to adopt said Ordinance for Item 19. A motion was made by Council Member Vernon Brown and seconded by Council Member Michelle Erpenbach to amend the main motion by excluding the Great Plains Zoo and Washington Pavilion from the Naming Rights Market Analysis Study and either find two other facilities to study or renegotiate the cost for the study. Vote to amend: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 6. Noes, Greg Jamison, Vernon Brown, 2. Motion Passed. Item 27 was heard at this time. See item for action taken. At 8:48 p.m., the meeting was recessed for 5 minutes. At 8:54 p.m., the meeting resumed. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2011-03-09, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT S. BEAL AVE. (WEST OF EXPLORER ELEMENTARY) AMENDING THE BENTWOOD VILLAGE PLANNED DEVELOPMENT DISTRICT SUBAREA REGULATIONS. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to adopt said Ordinance for Item 20. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2011-03-12, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT E. 23RD ST. AND S. CLIFF AVE. AMENDING THE AVERA MCKENNAN PLANNED DEVELOPMENT DISTRICT. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Vernon Brown and seconded by Council Member Dean Karsky to adopt said Ordinance for Item 21. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 6011 AND 6700 E. RICE ST. FROM THE AG, AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2011-03-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Ordinance for Item 22. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING TWO LEGAL DESCRIPTIONS AND DELETING FOUR LEGAL DESCRIPTIONS TO SECTION 39-82A, PROVIDING FOR RURAL SERVICE DISTRICT LANDS. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Vernon Brown and seconded by Council Member James Entenman to adopt said Ordinance for Item 23. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for the Joint City Council/Minnehaha County Meeting on Monday, May 16, 2011, at 5:00 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT 6902 W. 12TH ST. FROM THE A-1, AGRICULTURAL DISTRICT TO THE C, COMMERCIAL DISTRICT. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Dean Karsky and seconded by Council Member Sue Aguilar to set a date of hearing and 2nd Reading for the Joint City Council/Minnehaha County Meeting on Monday, May 16, 2011, at 5:00 p.m. for Item 24. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for the City Council Meeting on Monday, May 16, 2011, at 7:00 p.m. for Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE RECODIFICATION OF CITY ORDINANCES. Sponsor: City Council/Anderson Jr. and Jamison A motion was made by Council Member Rex Rolfing and seconded by Council Member Sue Aguilar to set a date of hearing and 2nd Reading for the City Council Meeting on Monday, May 16, 2011, at 7:00 p.m. for Item 25. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for the Joint City Council/Lincoln County Meeting on Monday, May 23, at 7:00 p.m. for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING APPENDIX F OF THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 100, RANGE 50 FROM THE C, COMMERCIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for the Joint City Council/Lincoln County Meeting on Monday, May 23, 2011, at 7:00 p.m. for Item 26. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 27. DEFERRED (from meeting of April 18, 2011): A RESOLUTION AMENDING THE 2011–2015 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP NO. 000122, EVENTS CENTER, IN 2011. ($35,000). Sponsor: Mayor/Community Development A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to adopt said Resolution for Item 27. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 6. Noes, Greg Jamison, Vernon Brown, 2. Motion Passed. A RESOLUTION AMENDING THE 2011–2015 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP NO. 000122, EVENTS CENTER, IN 2011. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2011–2015 Capital Program shall be amended as follows: Events Center Amend Capital Improvements Project No. 000122, Events Center, by increasing funding in 2011 by $35,000 for a naming rights market analysis. This will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. 28. A RESOLUTION APPOINTING AUDIT COMMITTEE MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. Sponsor: City Council/Jamison and Aguilar A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to adopt said Resolution for Item 28. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A RESOLUTION APPOINTING AUDIT COMMITTEE MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council appoints the following members to serve on the Audit Committee pursuant to Ordinance 120-05: Name Committee Term Anne M. Oppegard, Ph.D. Audit Committee Reappointed for a term from May 2011 to May 2014. Jason Forbes Audit Committee Appointed for a term from May 2011 to May 2014. 29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to adopt said Resolution for Item 29. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 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 Richard Van Demark Washington Pavilion Reappointed for a term from Management, Inc. Board May 2011 to May 2014 of Directors Julie Briggs Disability Awareness Appointed for a term from May Commission 2011 to May 2014 (to replace Ted Ornas) Vicki Nelson Disability Awareness Reappointed for a term from Commission May 2011 to May 2014 Andi Anderson Planning Commission Appointed for a term from May 2011 to May 2016 (to replace Pam Breidenbach) Denny Pierson Planning Commission Appointed for a term from May 2011 to May 2016 (to replace Kent Metzger) Ken Dunlap Planning Commission Reappointed for a term from May 2011 to May 2016 Doug Moss Visual Arts Commission Reappointed for a term from May 2011 to May 2014 Timothy Gebhart Library Board of Trustees Appointed for a term from May 2011 to May 2013 (to fill the unexpired term of Susan Bull) Kristen Bloink Board of Health Appointed for a term from May 2011 to May 2014 (to replace Sharon Wagner) Greg Neitzert Zoning Board of Appointed for a term from May Adjustment 2011 to May 2014 (to replace Robert Kummer) Kathryn Henning Zoning Board of Appointed for a term from May Adjustment 2011 to May 2014 (to replace Roger Mack) Monty Miller Zoning Board of Appointed for a term from May Adjustment 2011 to May 2014 (to replace Tim Johnson) Elizabeth Squyer Building Board of Appointed for a term from May Appeals 2011 to May 2014 (to replace Trent Christiansen) David Van Building Board of Appointed for a term from May Nieuwenhuyzen Appeals 2011 to May 2014 (to replace Julian Pearson) Gregory Bertsch Mechanical Board of Appointed for a term from May Appeals and Examiners 2011 to May 2014 (to replace Mark DeWit) David Zimbeck Sioux Falls Sports Appointed for a term from May Authority 2011 to May 2014 (to replace Russ DeCurtins) Bryan Ellerbroek Plumbing Board of Reappointed for a term from Appeals and Examiners May 2011 to May 2014 Richard Vissors Plumbing Board of Reappointed for a term from Appeals and Examiners May 2011 to January 2014 30. A RESOLUTION ESTABLISHING A SALARY PROGRAM THAT MAINTAINS A MARKET-COMPETITIVE SALARY RANGE WITH A PAY- FOR-PERFORMANCE PROGRAM FOR THE APPOINTED POSITION OF BUDGET ANALYST. Sponsor: City Council/Anderson Jr. and Jamison A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Resolution for Item 30. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A RESOLUTION ESTABLISHING A SALARY PROGRAM THAT MAINTAINS A MARKET-COMPETITIVE SALARY RANGE WITH A PAY-FOR-PERFORMANCE PROGRAM FOR THE APPOINTED POSITION OF BUDGET ANALYST. WHEREAS, Section 2.10 of the Charter of the City of Sioux Falls authorizes the City Council to provide for an independent audit of all City accounts and may provide for more frequent audits as necessary; and WHEREAS, the City Clerk/Chief of Council Operations shall supervise and appraise the performance of the Budget Analyst, and the City Council shall maintain a market- competitive salary range and a pay-for-performance program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The 2011 biweekly salary ranges for the Budget Analyst shall be as follows: minimum range—$1,898.40; maximum—$2,673.60. 2. A pay-for-performance program is not a substitute for competitive market-based pay ranges. The salary program shall be reviewed annually to determine adjustments necessary to keep pace with the labor market and inflation adjustments. 3. The Budget Analyst’s salary will be modified on the first pay period of the calendar year to reflect the adopted inflation adjustment to the assigned salary range. 4. Pay-for-performance evaluations shall be conducted by the City Clerk/Chief of Council Operations. Increases shall be determined by the policy established by the City Council. The performance increase shall be in addition to any inflation adjustment applied to the Budget Analyst’s salary. 5. Performance shall be assessed based on the following three-level scale of performance: exceeds performance expectations, meets expectations, and failed to meet expectations. Failure to meet performance expectations shall receive 0 percent performance pay. 6. Evaluative criteria will address any or all of the following key competencies when determining the level of performance: demonstrated leadership and teamwork, effective performance management of subordinate staff, effective fiscal and operational management of defined responsibilities, effective communication, and City business knowledge. 7. The Director of Human Resources shall assist the Council in administering the salary and pay-for-performance program and for the purposes of advising market-based pay recommendations and adherence to federal, state, and City employment practices. 8. The City Council may modify the provisions relating to the merit pay guidelines in any one calendar year based on budgetary reasons or at their discretionary authority. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 31. REPORT OF APRIL 25, 2011, NOTICE OF TRANSFERS OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor NEW BUSINESS/ITEMS ADDED AFTER DEADLINE 32. A RESOLUTION GIVING THE ADVICE AND CONSENT OF THE CITY COUNCIL OF THE CITY OF SIOUX FALLS, SD, TO THE EXPENDITURE OF FUNDS FROM THE BIG SIOUX RIVER ENVIRONMENTAL TRUST FUND. ($1,914,328.00). Sponsor: Mayor/Parks and Recreation 33. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks and Recreation - $197,000.00). Sponsor: Mayor/Parks and Recreation The City Council may include other such business as may come before this body. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adjourn at 9:17 p.m. Vote to adjourn: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Jamie L. Palmer, CMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16. CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Monday, May 2, 2011 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member Jim Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION ● Pastor Doug Bartel, Hillcrest Baptist Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● The Big Squeeze Month, May 2011 ● Municipal Clerk's Week, May 2-6, 2011 ● Public Service Recognition Week, May 1-7, 2011 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Monday, April 18, 2011, at 4:00 p.m. ● Joint City Council/Minnehaha County Meeting of Monday, April 18, 2011, at 5:00 p.m. ● City Council Meeting of Monday, April 18, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Siouxland Heritage Museums requesting permission to consume, but not sell, wine and malt beverages at the Old Courthouse Museum, 200 West 6th Street on Thursday, June 23, 2011, from 5:00 p.m. to 7:00 p.m. for the Life on Two Wheels Exhibit Opening. Sponsor: SDCL 35-1-5.3 2. A communication was received from North Central Chapter Paralyzed Veterans of America stating their intent to sell raffle tickets from May 16, 2011 to July 18, 2011 for a television (valued at $400.00). Tickets will be sold at 1 for $5.00 or 3 for $10.00. The proceeds are to be used for the general fund. Sponsor: SDCL 22-25-25 3. A communication was received from Children's Home Society stating their intent to sell raffle tickets from May 23, 2011 to August 9, 2011, for the 1st Prize: Toyota Pruis (valued at $23,000) or a $10,000 cash prize; 2nd Prize: $500.00 gift card or $500.00 cash prize; 3rd Prize: $250.00 cash prize. Tickets will be sold for $100.00 each. The proceeds are to be used for the general operating income to support the programs and services that Children's Home Foundation provides to over 2,000 children per year. Sponsor: SDCL 22-25-25 4. A communication was received from Kaycie Hansen requesting permission to consume, but not sell wine, champagne and beer at the Coliseum/Multicultural Center on Friday, September 30, 2011 from 7:00 p.m. to 12:30 a.m. for the purpose of a wedding reception. Sponsor: SDCL 35-1-5.3 5. A communication was received from University of Sioux Falls stating their intent to sell raffle tickets from June 1, 2011 until October 15, 2011, for a 4-day trip for 2 to Paris (lodging and transportation valued at approximately $3000.00). Tickets will be sold for $10.00 each. Proceeds will be used for Music/Education travel abroad for USF Choir Students. Sponsor: SDCL 22-25-25 NOTICE OF HEARINGS Set a date of hearing for Monday, May 16, 2011, at 7:00 p.m. on Items 6 through 18: 6. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Lida Investment Corp., Easy Dough Casino, to be operated at 2309 West 12th Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 7. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Main and Main LLC, Courtyard by Marriott, to be operated at 4300 West Empire Place, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 8. New 2011-12 Package Malt Beverage South Dakota Farm Winery License for Gas Barrel LLC, Gas Barrel, to be operated at 2500 West Madison Street, effective July 1, 2011 (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 9. Transfer of a 2011 Retail Liquor License from Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, 3800 South Louise Avenue #304, to Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, to be operated at 4001 West 41st Street, Suite 932, including Sunday Sales, on approximately October 1, 2011, or upon completion of construction (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 10. Transfer of a 2011 Retail Liquor License from Outback Midwest II LP, Outback Steakhouse #4210, 2411 South Carolyn Avenue, to Outback Steakhouse of Florida LLC, Outback Steakhouse #4210, to be operated at 2411 South Carolyn Avenue, including Sunday Sales (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 11. Special One-Day Liquor Licenses requests for Hy-Vee Inc., All Occasions by Hy- Vee, to be operated at the Delbridge Museum of Natural History, 805 South Kiwanis Avenue, for wedding receptions on July 9 and October 1, 2011. Sponsor: Mayor/Attorney 12. Special One-Day Liquor License requests for SMG, to be operated at the Orpheum Theater, 315 North Phillips Avenue, for wedding receptions on July 2 and September 23, 2011. Sponsor: Mayor/Attorney 13. Special One-Day Liquor License for TSK Inc., Stogeez, to be operated on Phillips Avenue Between 10th and 11th Streets, on July 30, 2011, for the Stogeez Steakout. Sponsor: Mayor/Attorney 14. Special One-Day Liquor License for SKK LLC, Copper Lounge, to be operated at the 1st Avenue Lot #1, 110 South Mall Avenue, on August 14, 2011, for the Summer Giveaway Party. Sponsor: Mayor/Attorney 15. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for various special events on June 4; July 9; and September 10, 17, and 24, 2011. Sponsor: Mayor/Attorney 16. Special One-Day Wine License for Senior Citizen Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Wine/Quilt Show on June 10, 2011. Sponsor: Mayor/Attorney 17. Amend request approved on 03/07/11 for a Special One-Day Malt Beverage and Wine License for the Sioux Falls Jazz & Blues Society for the Jazz & Brews Fundraiser to be held at Vern Eide Acura, 4030 South Grange Avenue, changing the date from June 16 to June 23, 2011. Sponsor: Mayor/Attorney 18. Various Retail Malt Beverage, Package Malt Beverage, and Package Malt Beverage South Dakota Farm Winery License renewals for 2011-12 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES 19. DEFERRED (from the meeting ofApril18, 2011): 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR A MARKET ANALYSIS PROVIDING THE VALUE OF NAMING RIGHTS AND FACILITY SPONSORSHIP PACKAGES FOR AN EVENTS CENTER AND OTHER CITY FACILITIES. ($65,000). Sponsor: Mayor/Community Development 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2011-03-09, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT S. BEAL AVE. (WEST OF EXPLORER ELEMENTARY) AMENDING THE BENTWOOD VILLAGE PLANNED DEVELOPMENT DISTRICT SUBAREA REGULATIONS. Sponsor: Mayor/Planning and Building Services 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2011-03-12, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT E. 23RD ST. AND S. CLIFF AVE. AMENDING THE AVERA MCKENNAN PLANNED DEVELOPMENT DISTRICT. Sponsor: Mayor/Planning and Building Services 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 6011 AND 6700 E. RICE ST. FROM THE AG, AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2011-03-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor/Planning and Building Services 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING TWO LEGAL DESCRIPTIONS AND DELETING FOUR LEGAL DESCRIPTIONS TO SECTION 39-82A, PROVIDING FOR RURAL SERVICE DISTRICT LANDS. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for the Joint City Council/Minnehaha County Meeting on Monday, May 16, 2011, at 5:00 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT 6902 W. 12TH ST. FROM THE A-1, AGRICULTURAL DISTRICT TO THE C, COMMERCIAL DISTRICT. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for the City Council Meeting on Monday, May 16, 2011, at 7:00 p.m. for Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE RECODIFICATION OF CITY ORDINANCES. Sponsor: City Council/Anderson Jr. and Jamison Set a date of hearing and 2nd Reading for the Joint City Council/Lincoln County Meeting on Monday, May 23, 2011, at 7:00 p.m. for Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING APPENDIX F OF THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 19, TOWNSHIP 100, RANGE 50 FROM THE C, COMMERCIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services HEARINGS AND RESOLUTIONS 27. DEFERRED (from meeting of April 18, 2011): A RESOLUTION AMENDING THE 2011–2015 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP NO. 000122, EVENTS CENTER, IN 2011. ($35,000). Sponsor: Mayor/Community Development 28. A RESOLUTION APPOINTING AUDIT COMMITTEE MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. Sponsor: City Council/Jamison and Aguilar 29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 30. A RESOLUTION ESTABLISHING A SALARY PROGRAM THAT MAINTAINS A MARKET-COMPETITIVE SALARY RANGE WITH A PAY- FOR-PERFORMANCE PROGRAM FOR THE APPOINTED POSITION OF BUDGET ANALYST. Sponsor: City Council/Anderson Jr. and Jamison REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 31. REPORT OF APRIL 25, 2011, NOTICE OF TRANSFERS OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance NEW BUSINESS/ITEMS ADDED AFTER DEADLINE The City Council may include other such business as may come before this body. ADJOURNMENT MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16. CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

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