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City Council Meeting

Regular Meeting

Sioux Falls, SD · July 17, 2012

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, July 17, 2012, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Sue Aguilar Council Member Rex Rolfing Council Member Kenny Anderson Jr. Council Member Kermit L Staggers Council Member James Entenman Council Member Michelle Erpenbach Mayor Mike T. Huether RECOGNITION/AWARDS  Boy Scout Troop 361 INVOCATION  Pastor Kirk Flaa, Abiding Savior Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Cancer Prevention Month, August 2012 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. Council Member Jamison requested to move two items from Item 1 on the Consent Agenda to the Regular Agenda for a full discussion: 1) Approval of Contracts/Agreements on July 12, 2012 memo, Space Needs Assessment Agreement for services, Central Services, with TSP for $19,900; 2) Approval of Contracts/Agreements on July 12, 2012 memo, Levitt Theatre Master Plan Agreement for engineering services, Parks/Recreation, with Stockwell Engineers for $19,900. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to amend the main motion by removing Item 9 from the Consent Agenda. Vote to amend: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. The main motion, as amended, was voted on at this time. Vote to approve: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. City Council Chair Michelle Erpenbach called for a Point of Leadership Privilege with two announcements: 1) The City Council Working Session scheduled for Wednesday, July 18, 2012, at 3:00 p.m. has been cancelled; 2) The Carnegie Town Hall will be closed on Wednesday, July 18, 2012, due to fumes from a roofing project; signs will be posted at the Carnegie stating where the temporary offices will be located. MINUTES  Informational Meeting of Tuesday, July 10, 2012, at 4:00 p.m.  City Council Meeting of Tuesday, July 10, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on July 12, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on July 12, 2012 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: July 9, 2012; Unleaded Ethanol, 8500 Gallons; CHS, Inc. ($3.0750); Harms Oil, Howes Oil, and Olson Oil, all no bids. Bid awarded to: CHS, Inc. Sponsor: Mayor/Public Works 4. A communication was received from Junior Achievement of South Dakota stating their intent to sell raffle tickets from September 27, 2012 until the spring of 2013 for a prize of half the value of the 50/50 drawing.Tickets will be sold for $1.00 per ticket, $5.00 for tickets held the length of nose to waist, or $10.00 for tickets held the length of nose to toes. The proceeds will go toward the Junior Achievement Programming in Sioux Falls for the 2013/2014 School Year. Sponsor: Sponsor: SDCL 22-25-25 5. An amended communication was received from Diane Andresen, Sioux Falls Development Foundation, requesting permission to consume, but not sell, beer and wine at the Avera Prairie Center, 1000 East 23rd Street, on Tuesday, July 31, 2012 from 3:00 p.m. to 6:00 p.m. for the Sioux Falls Development Foundation 2012 Membership Drive Wrap-Up (previously approved for July 10, 2012, at the City Council Meeting of 07/10/12). Sponsor: SDCL 35-1-5.3 6. A communication was received from Vince Vongkhamchanh and Phuong Anh Nguyen requesting permission to consume, but not sell, liquor, wine, and malt beverage at the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue, on Saturday, September 29, 2012 from 3:00 p.m. to 1:00 a.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 7. A communication was received from Roger Oleson requesting permission to consume, but not sell, malt beverage and/or wine, at the Old Courthouse Museum, 200 West Sixth Street, on Saturday, September 29, 2012 from 4:00 p.m. to 12:00 p.m. for a wedding reception. Sponsor: Sponsor: SDCL 35-1-5.3 APPLICATIONS 8. Renewal of the 2012-2013 Retail Malt Beverage for Big 19 Inc., Stubbies Bar & Grill to be operated at 5024 South Cliff Avenue. Sponsor: Mayor/Attorney 9. Special One-Day Liquor License for the Sioux Falls Men’s Slow-Pitch Softball Association to be operated at Harmodon Park East, 5721 East 41st Street, for a National Men’s Slow-Pitch Softball Tournament on September 1-2, 2012. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. PUBLIC INPUT There was none. Discussion was held on the two items separated out from Item #1 at this time. Approval of Contracts/Agreements on July 12, 2012 memo, Space Needs Assessment Agreement for services, Central Services, with TSP for $19,900. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to approve said agreement. Vote to approve: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Approval of Contracts/Agreements on July 12, 2012 memo, Levitt Theatre Master Plan Agreement for engineering services, Parks/Recreation, with Stockwell Engineers for $19,900. A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to approve said Agreement. Vote to approve: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion None. UNFINISHED BUSINESS 10. Transfer of a 2012 Retail Liquor License from Soft Egg Inc., Whisk & Chop, 108 South Minnesota Avenue, to Porter Apple Company “B” Inc., Applebee’s Neighborhood Grill & Bar, to be operated at 108 South Minnesota Avenue, including Sunday Sales (full service restaurant; CUP not required). Sponsor: Mayor/City Attorney A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to withdraw Item 10. Vote to withdraw: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. 11. Transfer of a 2011-2012 Retail Malt Beverage/South Dakota Farm Winery License from LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street, to LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street, including video lottery terminals (with the Conditional Use Permit (2012-05-11) being approved on June 6, 2012). Sponsor: Mayor/City Attorney 12. Renewal of the 2012-2013 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 (with the Conditional Use Permit (2012-05-11) being approved on June 6, 2012). Sponsor: Mayor/City Attorney 13. Renewal of the 2012-2013 Retail Malt Beverage for Royal Palace Inc., Royal Palace to be operated at 5015 South Louise Avenue. Sponsor: Mayor/City Attorney 14. Special One-Day Wine License for Avera Mckennan Hospital and University Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for a Rock Garden Tour fundraiser on July 19, 2012. Sponsor: Mayor/City Attorney 15. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee, to be operated at the Point is to Serve Church, 506 North Kiwanis Avenue, for weddings on August 11, 2012 and May 18, 2013. Sponsor: Mayor/City Attorney 16. Special One-Day Beer and Wine Licenses for Sanford Health to be operated at the Sanford Center Great Lawn, 2301 East 60th Street North, for an Employee Appreciation Event on August 3, 2012. Sponsor: Mayor/City Attorney 17. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee, to be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a Zoo fundraiser on August 9, 2012. Sponsor: Mayor/City Attorney 18. Special One-Day Liquor License for Avera Mckennan Hospital and University Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for an Oncology Symposium Social on September 21, 2012. Sponsor: Mayor/City Attorney A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to approve Items 11 through 18. Vote to approve: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY TO ESTABLISH SINGLE-STREAM RECYCLING. Sponsor: Mayor/Public Works A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt Ordinance No. 53-12. Vote to adopt: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 26-18 OF THE REVISED ORDINANCES OF THE CITY BY BRINGING THE PENALTY SECTION INTO COMPLIANCE WITH STATE LAW LIMITATIONS PLACED ON CITY ORDINANCE PENALTIES. Sponsor: Mayor/Police A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt Ordinance No. 54-12. Vote to adopt: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING CHAPTER 12 1/2, CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD. Sponsor: City Council/Attorney A motion was made by Council Member James Entenman and seconded by Council Member Greg Jamison to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 21. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 22: 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBSECTION 4 OF CHAPTER 15.59.306 OF APPENDIX B OF THE ZONING ORDINANCE OF SAID CITY. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Greg Jamison and seconded by Council Member James Entenman to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 22. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. SOUTHEASTERN AVE. AND E. STONEY BROOK TRL. FROM THE RS-2, RESIDENTIAL DISTRICT TO THE RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2012-05-20, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Greg Jamison to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 23. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 105 S. BLAUVELT AVE. FROM THE C-2, GENERAL COMMERCIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2012-05-21, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 24. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 5204 AND 5208 S. LOOP PL. FROM THE C-4, PLANNED COMMERCIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2012-06-05, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 25. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2003 N. WAYLAND AVE. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2012-06-07, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 26. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT W. 69TH ST. AND S. LOUISE AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE AVERA PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2012-06-10, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 27. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2012-05-23, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT E. SIXTH ST. AND N. POWDER HOUSE RD. (SD HWY. 100) ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA REGULATIONS, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 28. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT SOUTHWEST CORNER OF W. SECOND ST. AND N. KIWANIS AVE. FROM THE O, OFFICE DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2012-06-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 29. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 226 W. 41ST ST. AND 233 AND 229 W. 40TH ST. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO.2012-06-08, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 30. Vote to set a date: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 31. DEFERRED (from the meeting of 06/19/12): A RESOLUTION DECLARING CITY SUPPORT FOR THE ADOPTION OF THE LINCOLN COUNTY AND MINNEHAHA COUNTY MULTI-HAZARD PRE-DISASTER MITIGATION PLAN 2011 UPDATE. Sponsor: Mayor/Fire Rescue A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 54-12. Vote to adopt: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. RESOLUTION NO. 54-12 A RESOLUTION DECLARING CITY SUPPORT FOR THE ADOPTION OF THE LINCOLN COUNTY AND MINNEHAHA COUNTY MULTI-HAZARD PRE-DISASTER MITIGATION PLAN 2011 UPDATE. WHEREAS, the Sioux Falls City Council supports the contents of the Lincoln County and Minnehaha County Multi-Hazard Pre-Disaster Mitigation Plan 2011 Update; and WHEREAS, the Lincoln County and Minnehaha County Multi-Hazard Pre-Disaster Mitigation Plan 2011 Update will be utilized as a guide for planning as related to FEMA Pre-Disaster Mitigation and other purposes as deemed appropriate by the Sioux Falls City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Sioux Falls City Council does hereby adopt, support, and will facilitate the Lincoln County and Minnehaha County Multi-Hazard Pre-Disaster Mitigation Plan 2011 Update’s implementation. Date adopted: 07/17/12 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 32. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 55-12. Vote to adopt: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. RESOLUTION NO. 55-12 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2013. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the County Auditor of Minnehaha County, South Dakota, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 07/17/12 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 33. A RESOLUTION SUPPORTING THE CANDIDACY OF MICHAEL M. HALL FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). Sponsor: Mayor/Central Services A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 56-12. Vote to adopt: Roll Call: Yeses, Greg Jamison, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 5. Noes, 0. Motion Passed. RESOLUTION NO. 56-12 A RESOLUTION SUPPORTING THE CANDIDACY OF MICHAEL M. HALL FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). WHEREAS, the City of Sioux Falls is a member of the SDPAA, which is a risk-sharing pool composed primarily of South Dakota cities and counties; and WHEREAS, the City of Sioux Falls Risk Manager, Michael M. Hall, currently holds a position on the Board of Directors of the SDPAA, which term is soon to expire; and WHEREAS, it is in the best interest of the City of Sioux Falls to maintain representation on the Board of Directors of the SDPAA; and WHEREAS, the SDPAA board member eligibility rules require the candidacy of a member’s representative to be supported by a resolution of the governing board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council hereby supports the candidacy of the Risk Manager, Michael M. Hall, for a position on the Board of Directors of the SDPAA. Date adopted: 07/17/12 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adjourn at 8:46 p.m. The Mayor called for a voice vote. All members present voted yes. Lorie Hogstad, CMC 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) 367-8080 (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: INFORMATIONAL MEETINGS AIR LIVE THE FIRST, SECOND, THIRD, AND LAST TUESDAYS OF EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND LAST TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD TUESDAY OF EACH MONTH AT 5:30 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’ VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 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 Tuesday, July 17, 2012 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Jim Entenman Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION ● Pastor Kirk Flaa, Abiding Savior Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Cancer Prevention Month, August 2012 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, July 10, 2012, at 4:00 p.m. ● City Council Meeting of Tuesday, July 10, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on July 12, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on July 12, 2012 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: July 9, 2012; Unleaded Ethanol, 8500 Gallons; CHS, Inc. ($3.0750); Harms Oil, Howes Oil, and Olson Oil, all no bids. Bid awarded to: CHS, Inc. Sponsor: Mayor/Public Works 4. A communication was received from Junior Achievement of South Dakota stating their intent to sell raffle tickets from September 27, 2012 until the spring of 2013 for a prize of half the value of the 50/50 drawing. Tickets will be sold for $1.00 per ticket, $5.00 for tickets held the length of nose to waist, or $10.00 for tickets held the length of nose to toes. The proceeds will go toward the Junior Achievement Programming in Sioux Falls for the 2013/2014 School Year. Sponsor: Sponsor: SDCL 22-25-25 5. An amended communication was received from Diane Andresen, Sioux Falls Development Foundation, requesting permission to consume, but not sell, beer and wine at the Avera Prairie Center, 1000 East 23rd Street, on Tuesday, July 31, 2012 from 3:00 p.m. to 6:00 p.m. for the Sioux Falls Development Foundation 2012 Membership Drive Wrap-Up (previously approved for July 10, 2012, at the City Council Meeting of 07/10/12). Sponsor: SDCL 35-1-5.3 6. A communication was received from Vince Vongkhamchanh and Phuong Anh Nguyen requesting permission to consume, but not sell, liquor, wine, and malt beverage at the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue, on Saturday, September 29, 2012 from 3:00 p.m. to 1:00 a.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 7. A communication was received from Roger Oleson requesting permission to consume, but not sell, malt beverage and/or wine, at the Old Courthouse Museum, 200 West Sixth Street, on Saturday, September 29, 2012 from 4:00 p.m. to 12:00 p.m. for a wedding reception. Sponsor: SDCL 35-1-5.3 APPLICATIONS 8. Renewal of the 2012-2013 Retail Malt Beverage for Big 19 Inc., Stubbies Bar & Grill to be operated at 5024 South Cliff Avenue. Sponsor: Mayor/Attorney 9. Special One-Day Liquor License for the Sioux Falls Men’s Slow-Pitch Softball Association to be operated at Harmodon Park East, 5721 East 41st Street, for a National Men’s Slow-Pitch Softball Tournament on September 1-2, 2012. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 10. Transfer of a 2012 Retail Liquor License from Soft Egg Inc., Whisk & Chop, 108 South Minnesota Avenue, to Porter Apple Company “B” Inc., Applebee’s Neighborhood Grill & Bar, to be operated at 108 South Minnesota Avenue, including Sunday Sales (full service restaurant; CUP not required). Sponsor: Mayor/City Attorney 11. Transfer of a 2011-2012 Retail Malt Beverage/South Dakota Farm Winery License from LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street, to LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street, including video lottery terminals (with the Conditional Use Permit (2012-05-11) being approved on June 6, 2012). Sponsor: Mayor/City Attorney 12. Renewal of the 2012-2013 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 (with the Conditional Use Permit (2012-05-11) being approved on June 6, 2012). Sponsor: Mayor/City Attorney 13. Renewal of the 2012-2013 Retail Malt Beverage for Royal Palace Inc., Royal Palace to be operated at 5015 South Louise Avenue. Sponsor: Mayor/City Attorney 14. Special One-Day Wine License for Avera Mckennan Hospital and University Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for a Rock Garden Tour fundraiser on July 19, 2012. Sponsor: Mayor/City Attorney 15. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee, to be operated at the Point is to Serve Church, 506 North Kiwanis Avenue, for weddings on August 11, 2012 and May 18, 2013. Sponsor: Mayor/City Attorney 16. Special One-Day Beer and Wine Licenses for Sanford Health to be operated at the Sanford Center Great Lawn, 2301 East 60th Street North, for an Employee Appreciation Event on August 3, 2012. Sponsor: Mayor/City Attorney 17. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee, to be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a Zoo fundraiser on August 9, 2012. Sponsor: Mayor/City Attorney 18. Special One-Day Liquor License for Avera Mckennan Hospital and University Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for an Oncology Symposium Social on September 21, 2012. Sponsor: Mayor/City Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY TO ESTABLISH SINGLE-STREAM RECYCLING. Sponsor: Mayor/Public Works 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 26-18 OF THE REVISED ORDINANCES OF THE CITY BY BRINGING THE PENALTY SECTION INTO COMPLIANCE WITH STATE LAW LIMITATIONS PLACED ON CITY ORDINANCE PENALTIES. Sponsor: Mayor/Police Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 21: 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING CHAPTER 12 1/2, CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD. Sponsor: City Council/Attorney Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 22: 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBSECTION 4 OF CHAPTER 15.59.306 OF APPENDIX B OF THE ZONING ORDINANCE OF SAID CITY. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 23: 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. SOUTHEASTERN AVE. AND E. STONEY BROOK TRL. FROM THE RS-2, RESIDENTIAL DISTRICT TO THE RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2012-05-20, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 24: 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 105 S. BLAUVELT AVE. FROM THE C-2, GENERAL COMMERCIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2012-05-21, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 5204 AND 5208 S. LOOP PL. FROM THE C-4, PLANNED COMMERCIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2012-06-05, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2003 N. WAYLAND AVE. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2012-06-07, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT W. 69TH ST. AND S. LOUISE AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE AVERA PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2012-06-10, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2012-05-23, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT E. SIXTH ST. AND N. POWDER HOUSE RD. (SD HWY. 100) ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA REGULATIONS, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT SOUTHWEST CORNER OF W. SECOND ST. AND N. KIWANIS AVE. FROM THE O, OFFICE DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2012-06-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. on Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 226 W. 41ST ST. AND 233 AND 229 W. 40TH ST. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2012-06-08, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services HEARINGS AND RESOLUTIONS 31. DEFERRED (from the meeting of 06/19/12): A RESOLUTION DECLARING CITY SUPPORT FOR THE ADOPTION OF THE LINCOLN COUNTY AND MINNEHAHA COUNTY MULTI-HAZARD PRE-DISASTER MITIGATION PLAN 2011 UPDATE. Sponsor: Mayor/Fire Rescue 32. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor/Parks and Recreation 33. A RESOLUTION SUPPORTING THE CANDIDACY OF MICHAEL M. HALL FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). Sponsor: Mayor/Central Services NEW BUSINESS ITEMS ADDED AFTER AGENDA 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) 367-8080 (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: INFORMATIONAL MEETINGS AIR LIVE THE FIRST, SECOND, THIRD, AND LAST TUESDAYS OF EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND LAST TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD TUESDAY OF EACH MONTH AT 5:30 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’ VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

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