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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 19, 2011

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Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, September 19, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach Council Member James Entenman Council Member Greg Jamison Council Member Rex Rolfing Council Member Dean Karsky Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Mayor Mike T. Huether INVOCATION  Pastor Erich McCandless, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, September 12, 2011, at 4:00 p.m.  City Council Meeting of Monday, September 12, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from the local chapter of the South Dakota American Institute of Architects requesting permission to consume, but not sell, wine and malt beverages at The Women’s History Club, 758 S. Phillips Ave., on Thursday, October 13, 2011, from 6:00 p.m.-9:00 p.m., for a social hour during their annual fall convention. Sponsor: SDCL 35-1-5.3 2. A communication was received from Michael Haskett and Virginia Wick requesting permission to consume, but not sell, liquor, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Friday, November 11, 2011, from 5:00 p.m.-10:00 p.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 3. A communication was received from Jessica Brende and Ryan Bickett requesting permission to consume, but not sell, beer, wine and mixed drinks at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, August 18, 2012, from 9:00 a.m.-6:00 p.m., for a wedding ceremony and reception. Sponsor: SDCL 35-1-5.3 4. A communication was received from Southeastern Behavioral HealthCare stating their intent to sell raffle tickets on Friday, November 18, 2011, during the 21st Annual Festival of Trees, for a piece of diamond jewelry valued at approximately $3,000.00. Tickets will be sold for $10.00 each or three tickets for $20.00. The proceeds will go to provide services to Southeastern consumers who have limited resources. Sponsor: SDCL 22-25-25 5. A memorandum was received on September 12, 2011, declaring a surplus on a capital item that will be that will be traded in for another asset. Sponsor: Mayor/Finance APPLICATIONS 6. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear Recreation Park, to be operated at 5901 East Rice Street, for a wedding reception on November 11, 2011. Sponsor: Mayor/Attorney NOTICE OF HEARINGS Set a date of hearing for Monday, October 3, 2011, at 7:00 p.m. on Items 7 through 10: 7. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail Company, Casey’s General Store #3019, to be operated at 1901 East Tenth Street. Sponsor: Mayor/Attorney 8. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail Company, Casey’s General Store #3049, to be operated at 3236 South Sycamore Avenue. Sponsor: Mayor/Attorney 9. Special One-Day Liquor License for the South Dakota Symphony Orchestra to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the South Dakota Symphony Orchestra Gala on November 5, 2011. Sponsor: Mayor/Attorney 10. Amend Special One-Day Malt Beverage and Special One-Day Wine Licenses approved on 9/19/11 for Avera McKennan Foundation, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the “Paint the Night Pink” Fundraiser on October 21, 2011, amending this request to be for the “Pink Fashionista” Event on October 1, 2011. 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 Sue Aguilar to amend the main motion and Regular Agenda by deferring Items 18, 25, 26, 28, and 29 to the City Council Meeting of October 3, 2011. Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. PUBLIC INPUT June Staggers spoke about the firing of former City Clerk Debra Owen and of her contributions to the City. Rep. Manny Steele, District 12, said he was contacted by a number of upset citizens regarding a Drag Show at the Washington Pavilion. He also spoke about being displeased with the firing of former City Clerk Debra Owen. Theresa Stehly spoke about the benefits of former City Clerk Debra Owen. I.L. Wiedermann spoke about the firing of former City Clerk Debra Owen. Tim Stanga spoke about the firing of former City Clerk Debra Owen and the Events Center. Cheryl Rath thanked former City Clerk Debra Owen for her service to the community. UNFINISHED BUSINESS 11. Transfer of a 2011-12 Retail Malt Beverage License from Bosselman Inc. of SD, Grandma Max's Restaurant, 5301 North Cliff Avenue, to Bosselman Food Services Inc., Grandma Max's Restaurant, to be operated at 5301 North Cliff Avenue, including video lottery terminals (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 12. Transfer of a 2011-12 Retail Malt Beverage License from Interactive Holdings Inc., VIP Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The Parliament Casino, to be operated at 3600 West 41st Street, including video lottery terminals (CUP not required; this is an existing license which predates the ordinance). Sponsor: Mayor/Attorney 13. Transfer of a 2011 Retail Wine License from Interactive Holdings Inc., VIP Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The Parliament Casino, to be operated at 3600 West 41st Street, including video lottery terminals (CUP not required; this is an existing license which predates the ordinance). Sponsor: Mayor/Attorney 14. Special One-Day Wine License for the Affordable Housing Solutions, to be operated at the Old Courthouse Museum, 200 West Sixth Street, for the 2011 Trivia Challenge Fundraiser on September 29, 2011. Withdrawn by Applicant. Sponsor: Mayor/Attorney 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Children’s Home Society, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for their annual dinner meeting on October 6, 2011. Sponsor: Mayor/Attorney 16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the “Paint the Night Pink” Fundraiser on October 21, 2011. Sponsor: Mayor/Attorney 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Compass Center, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the “It’s in the Bag” Fundraiser on February 9, 2012. Sponsor: Mayor/Attorney A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve with one vote Items 11 through 17. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 18. Deferred Action (from meeting of 09/06/11) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. GRANGE AVE. AND W. VILLAGE DR. FROM THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2011-07-06 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Action on Item 18 was taken at the approval of the Regular Agenda. 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING ARTICLE III OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY REGARDING THE ORPHEUM THEATER ADVISORY BOARD OF DIRECTORS. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Vernon Brown to adopt said Ordinance for Item 19. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 20: 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 73RD ST. AND S. EL DORADO AVE. FROM THE DIAMOND VALLEY PLANNED DEVELOPMENT DISTRICT AND THE RS-2, RESIDENTIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2011-07-12 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Vernon Brown and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 20. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1208 W. ELKHORN ST. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2011-08-06, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Sue Aguilar and seconded by Council Member Greg Jamison to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 21. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 22: 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 124 S. ELMWOOD AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE ELMWOOD PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2011-08-10 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (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 Vernon Brown to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 22. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 18 “GARBAGE AND RECYCLING” OF THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS. Sponsor: Mayor/Public Works A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 23. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF PERMANENT EASEMENTS IN A PORTION OF LOT 3A (EXCEPT TRACT 1 CONTAINED THEREIN), BLOCK 1 OF WILLIAMS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 32-T101N-R49W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor/Public Works A motion was made by Council Member Sue Aguilar and seconded by Council Member Greg Jamison to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 24. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 25. Deferred Action (from meeting of 9/6/11): A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WILLIAMS ADDITION. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Action on Item 25 was taken at the approval of the Regular Agenda. 26. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE REVISED PRELIMINARY PLAN OF TIMBER OAK ESTATES ADDITION. (The Planning Commission recommends denial.) Sponsor: Mayor/Planning and Building Services Action on Item 26 was taken at the approval of the Regular Agenda. 27. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (85TH ST. AND WESTERN AVE. HARRISBURG SCHOOL.) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Jamison to adopt said Resolution for Item 27. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. ANNEXATION 2011-08-01 85TH ST. AND WESTERN AVE. HARRISBURG SCHOOL. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed area is consistent with the Shape Sioux Falls 2035 Comprehensive Plan as infrastructure services have been found to be available to this area. 3. There is adequate provision for municipal utilities and access to the major street network once the following occurs: a. Western Ave. is paved by the City to 95th St. b. Water is extended by the City along Western Ave. to 95th St. on the east portion of the development area. The developer will need to extend water in the west portion of the development area from Quiet Oak Tr. to the south. c. The sewer trunk line will need to be extended from Timber Oak Tr. to 95th St. by the City with the developer assessed for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties be and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, and the boundary of the city is hereby extended to include such territory. Tract 1, Tract 2, and Tract 3 of the Southeast Quarter (SE1/4), Section 21, T100N, R50W and the adjacent Western Avenue right-of-way of the 5th P.M., Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. 28. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES AGREEMENT BETWEEN THE CITY AND SINK COMBS DETHLEFS, P.C. FOR THE PROPOSED SIOUX FALLS EVENTS CENTER, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. Sponsor: Mayor/Public Works Action on Item 28 was taken at the approval of the Regular Agenda. 29. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND M. A. MORTENSON COMPANY FOR CONSTRUCTION MANAGER AT-RISK SERVICES FOR THE PROPOSED SIOUX FALLS EVENTS CENTER, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. Sponsor: Mayor/Public Works Action on Item 29 was taken at the approval of the Regular Agenda. NOTICE OF HEARINGS FOR STREET VACATIONS Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 30: 30. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. UNITY LANE FROM S. GRANGE AVE. TO W. VILLAGE DR. AND W. VILLAGE DR. FROM S. GRANGE AVE. TO W. UNITY LANE AND W. VILLAGE CIR. FROM W. VILLAGE DR. TO THE END OF THE CUL-DE- SAC. Sponsor: Mayor/Public Works A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to set a date of hearing for Monday, October 11, 2011, at 7:00 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 31: 31. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON NORTH NORTH DRIVE ADJACENT TO LOT 6 BLOCK 2 SIOUX EMPIRE DEVELOPMENT PARK THREE EAST ADDITION AS SHOWN ON EXHIBIT A. Sponsor: Mayor/Public Works A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to set a date of hearing for Monday, October 11, 2011, at 7:00 p.m. for Item 31. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. NEW BUSINESS/ITEMS ADDED AFTER DEADLINE HEARINGS AND RESOLUTIONS 32. A RESOLUTION APPROVING THE APPOINTMENT OF DAVID BIXLER AS ACTING CITY CLERK EFFECTIVE UPON PASSAGE AND PUBLICATION. Sponsor: City Council/Aguilar and Erpenbach A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to adopt said Resolution for Item 32. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE APPOINTMENT OF DAVID BIXLER AS ACTING CITY CLERK EFFECTIVE UPON PASSAGE AND PUBLICATION. WHEREAS, Section 2.08 of the Charter of the City of Sioux Falls authorizes the City Council to appoint an officer of the City who shall have the title of Acting City Clerk; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the following City Council appointment, until an Interim City Clerk is appointed: David Bixler, Acting City Clerk Pursuant to SDCL 9-19-13, this Resolution is made in support of the municipal government and its existing public institutions, and shall become effective upon passage and publication. ADJOURNMENT A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adjourn the meeting at 8:06 p.m. Vote to adjourn: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0. Motion Passed. Denise D. Tucker, 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 MEETING OF Monday, September 19, 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 Erich McCandless, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Monday, September 12, 2011, at 4:00 p.m. ● City Council Meeting of Monday, September 12, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from the local chapter of the South Dakota American Institute of Architects requesting permission to consume, but not sell, wine and malt beverages at The Women’s History Club, 758 S. Phillips Ave., on Thursday, October 13, 2011, from 6:00 p.m.-9:00 p.m., for a social hour during their annual fall convention. Sponsor: SDCL 35-1-5.3 2. A communication was received from Michael Haskett and Virginia Wick requesting permission to consume, but not sell, liquor, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Friday, November 11, 2011, from 5:00 p.m.-10:00 p.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 3. A communication was received from Jessica Brende and Ryan Bickett requesting permission to consume, but not sell, beer, wine and mixed drinks at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, August 18, 2012, from 9:00 a.m.-6:00 p.m., for a wedding ceremony and reception. Sponsor: SDCL 35-1-5.3 4. A communication was received from Southeastern Behavioral HealthCare stating their intent to sell raffle tickets on Friday, November 18, 2011, during the 21st Annual Festival of Trees, for a piece of diamond jewelry valued at approximately $3,000.00. Tickets will be sold for $10.00 each or three tickets for $20.00. The proceeds will go to provide services to Southeastern consumers who have limited resources. Sponsor: SDCL 22-25-25 5. A memorandum was received on September 12, 2011, declaring a surplus on a capital item that will be that will be traded in for another asset. Sponsor: Mayor/Finance APPLICATIONS 6. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear Recreation Park, to be operated at 5901 East Rice Street, for a wedding reception on November 11, 2011. Sponsor: Mayor/Attorney NOTICE OF HEARINGS Set a date of hearing for Monday, October 3, 2011, at 7:00 p.m. on Items 7 through 10: 7. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail Company, Casey’s General Store #3019, to be operated at 1901 East Tenth Street. Sponsor: Mayor/Attorney 8. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail Company, Casey’s General Store #3049, to be operated at 3236 South Sycamore Avenue. Sponsor: Mayor/Attorney 9. Special One-Day Liquor License for the South Dakota Symphony Orchestra to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the South Dakota Symphony Orchestra Gala on November 5, 2011. Sponsor: Mayor/Attorney 10. Amend Special One-Day Malt Beverage and Special One-Day Wine Licenses approved on 9/19/11 for Avera McKennan Foundation, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the “Paint the Night Pink” Fundraiser on October 21, 2011, amending this request to be for the “Pink Fashionista” Event on October 1, 2011. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 11. Transfer of a 2011-12 Retail Malt Beverage License from Bosselman Inc. of SD, Grandma Max's Restaurant, 5301 North Cliff Avenue, to Bosselman Food Services Inc., Grandma Max's Restaurant, to be operated at 5301 North Cliff Avenue, including video lottery terminals (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 12. Transfer of a 2011-12 Retail Malt Beverage License from Interactive Holdings Inc., VIP Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The Parliament Casino, to be operated at 3600 West 41st Street, including video lottery terminals (CUP not required; this is an existing license which predates the ordinance). Sponsor: Mayor/Attorney 13. Transfer of a 2011 Retail Wine License from Interactive Holdings Inc., VIP Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The Parliament Casino, to be operated at 3600 West 41st Street, including video lottery terminals (CUP not required; this is an existing license which predates the ordinance). Sponsor: Mayor/Attorney 14. Special One-Day Wine License for the Affordable Housing Solutions, to be operated at the Old Courthouse Museum, 200 West Sixth Street, for the 2011 Trivia Challenge Fundraiser on September 29, 2011. Withdrawn by Applicant. Sponsor: Mayor/Attorney 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Children’s Home Society, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for their annual dinner meeting on October 6, 2011. Sponsor: Mayor/Attorney 16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the “Paint the Night Pink” Fundraiser on October 21, 2011. Sponsor: Mayor/Attorney 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Compass Center, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the “It’s in the Bag” Fundraiser on February 9, 2012. Sponsor: Mayor/Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 18. Deferred Action (from meeting of 09/06/11) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. GRANGE AVE. AND W. VILLAGE DR. FROM THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2011-07-06 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING ARTICLE III OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY REGARDING THE ORPHEUM THEATER ADVISORY BOARD OF DIRECTORS. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 20: 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 73RD ST. AND S. EL DORADO AVE. FROM THE DIAMOND VALLEY PLANNED DEVELOPMENT DISTRICT AND THE RS-2, RESIDENTIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2011-07-12 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1208 W. ELKHORN ST. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2011-08-06, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 22: 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 124 S. ELMWOOD AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE ELMWOOD PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2011-08-10 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 18 “GARBAGE AND RECYCLING” OF THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS. Sponsor: Mayor/Public Works Set a date of hearing and 2nd Reading for Monday, October 11, 2011, at 7:00 p.m. for Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF PERMANENT EASEMENTS IN A PORTION OF LOT 3A (EXCEPT TRACT 1 CONTAINED THEREIN), BLOCK 1 OF WILLIAMS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND A PORTION OF THE NW1/4 OF THE NE1/4 OF SECTION 32-T101N-R49W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor/Public Works HEARINGS AND RESOLUTIONS 25. Deferred Action (from meeting of 9/6/11): A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WILLIAMS ADDITION. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services 26. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE REVISED PRELIMINARY PLAN OF TIMBER OAK ESTATES ADDITION. (The Planning Commission recommends denial.) Sponsor: Mayor/Planning and Building Services 27. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (85TH ST. AND WESTERN AVE. HARRISBURG SCHOOL.) Sponsor: Mayor/Planning and Building Services 28. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES AGREEMENT BETWEEN THE CITY AND SINK COMBS DETHLEFS, P.C. FOR THE PROPOSED SIOUX FALLS EVENTS CENTER, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. Sponsor: Mayor/Public Works 29. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND M. A. MORTENSON COMPANY FOR CONSTRUCTION MANAGER AT-RISK SERVICES FOR THE PROPOSED SIOUX FALLS EVENTS CENTER, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. Sponsor: Mayor/Public Works NOTICE OF HEARINGS FOR STREET VACATIONS Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 30: 30. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. UNITY LANE FROM S. GRANGE AVE. TO W. VILLAGE DR. AND W. VILLAGE DR. FROM S. GRANGE AVE. TO W. UNITY LANE AND W. VILLAGE CIR. FROM W. VILLAGE DR. TO THE END OF THE CUL-DE- SAC. Sponsor: Mayor/Public Works Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 31: 31. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON NORTH NORTH DRIVE ADJACENT TO LOT 6 BLOCK 2 SIOUX EMPIRE DEVELOPMENT PARK THREE EAST ADDITION AS SHOWN ON EXHIBIT A. Sponsor: Mayor/Public Works NEW BUSINESS/ITEMS ADDED AFTER DEADLINE HEARINGS AND RESOLUTIONS 32. A RESOLUTION APPROVING THE APPOINTMENT OF DAVID BIXLER AS ACTING CITY CLERK EFFECTIVE UPON PASSAGE AND PUBLICATION. Sponsor: City Council/Aguilar and Erpenbach 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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