City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, November 20, 2012, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Sue Aguilar Council Member Michelle Erpenbach Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Mayor Mike T. Huether INVOCATION  Pastor Matt Haag, Grace Community Church PLEDGE OF ALLEGIANCE RECOGNITION/AWARDS  Cub Scout Pack 260 from Harvey Dunn Elementary School  Boy Scout Troop 346 from St. Michael’s School CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Sue Aguilar to amend the Consent Agenda by moving two items from Item 11, Exhibit B, on the Consent Agenda to the first items for consideration on the Regular Agenda: 2013 Retail Liquor License renewal for 50/50 Holdings Inc., Deuces 9 Casino, 2601 South Carolyn Avenue and 2013 Package Liquor License renewal for Belay Z. Abebe, Mercato, 631 West 11th Street.  A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to approve the amended Consent Agenda. Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, November 13, 2012, at 4:00 p.m.  City Council Meeting of Tuesday, November 13, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on November 15, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on November 15, 2012 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: November 7, 2012; Unleaded Ethanol; 8500 Gallons; Harms Oil ($2.9470); Howes Oil ($2.9735); CHS Inc. ($2.9808); Olson Oil, no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 4. Report of Request for Quotes for Fuel: November 8, 2012; #1 and #2 Dyed Diesel Fuel; 3500 Gallons #1 & 4000 Gallons #2; Harms Oil (#1, $3/3330/#2, $3.0980); Howes Oil (#1, $3.3625/#2, $3.0950); CHS Inc., MIdwest Oil, Olson Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 5. Report of Request for Quotes for Fuel: November 13, 2012; #1 and #2 Dyed Diesel Fuel; 2500 Gallons #1 and 5000 Gallons #2; Harms Oil (#1, $2.9470/#2, $3.0983); Howes Oil (#1, $3.3525/#2, $3.1025); CHS Inc. (#1, $3.4010/#2, #3.1360); Midwest Oil and Olson Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 6. Report of Request for Quotes for Fuel: November 14, 2012; Unleaded Ethanol & E85; 6500 Gallons Unleaded/1500 Gallons E85 (8000 total); Harms Oil ($2.8460 Unleaded/$2.5735 E85); CHS Oil, Howes Oil, and Olson Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 7. Report of Request for Quotes for Fuel: November 14, 2012; #2 Clear Diesel; 7500 Gallons; Harms Oil ($3.308); Midwest Oil ($3.47); CHS Inc. and Howes  Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Sioux Area Metro 8. A communication was received from Serendipitous Events LLC requesting permission to consume, but not sell, wine and malt beverage, at The Old Courthouse Museum, 200 West Sixth Street, on Saturday, December 15, 2012 from 4:00 p.m. to 11:00 p.m. for a birthday party. Sponsor: Sponsor: SDCL 35-1-5.3 APPLICATIONS 9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Chef Jeni & Company Inc. to be operated at Falls Park Overlook Café, 825 North Weber Ave, for a wedding on November 23, 2012. Sponsor: Mayor/City Attorney 10. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Great Bear Recreation Park Inc. to be operated at Falls Park Overlook Café , 825 North Weber Ave, for a wedding on November 24, 2012. Sponsor: Mayor/City Attorney 11. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2013 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. Sponsor: Mayor/City Attorney The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 12. Barry Hermanson, Parcel 25876, Lot 6, Block 11, Bennett's 1st Addn to City of Sioux Falls, for 2011 property taxes in the amount of $690.11 (230 days). Fire destroyed the home on 05/16/11. Property owner is now requesting an abatement for the amount of time the structure was gone in 2011 according to SDCL 10-18- 2 (4). Sponsor: Attorney/SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, December 4, 2012 at 7:00 p.m. on Items 13 through 17: 13. New 2013 Package Liquor License for Peter Wol, Gas Deals & Foods, to be operated at 1329 North Main Avenue. Sponsor: Mayor/City Attorney  14. New 2013 Retail Wine License for Boys & Girls Club of the Sioux Empire, Burnside Game Place to be operated at 1605 West Burnside Street with the Conditional Use Permit (2002-03-03) being approved on June 10, 2002. Sponsor: Mayor/City Attorney 15. Transfer of the 2012-13 Retail Malt Beverage License from Francisco Resendiz, Tacos Lupe #3, 802 East Tenth Street, to Maria Crespin, Los Paisanos, 802 East Tenth Street (full service restaurant, CUP not required). Sponsor: Mayor/City Attorney 16. Transfer of the 2012-13 Retail Malt Beverage License from Best Batter Inc., The Keg, 5301 West 57th Street to Golf Addiction LLC, Golf Addiction, 5301 West 57th Street, including video lottery terminals (full service restaurant, CUP not required). Sponsor: Mayor/City Attorney 17. Transfer of the 2012 Retail Wine License from Best Batter Inc., The Keg, 5301 West 57th Street to Golf Addiction LLC, Golf Addiction, 5301 West 57th Street (full service restaurant, CUP not required). Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member James Entenman and seconded by Council Member Greg Jamison to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. PUBLIC INPUT There was none. UNFINISHED BUSINESS 11(a). 2013 Retail Liquor License renewal for 50/50 Holdings Inc., Deuces 9 Casino, 2601 South Carolyn Avenue. Sponsor: Mayor/City Attorney A motion was made by Council Member Sue Aguilar and seconded by Council Member Rex Rolfing to defer to Tuesday, December 4, 2012, at 7:00 p.m. on Item 11(a). Vote to defer: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,  Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 11(b). 2013 Package Liquor License renewal for Belay Z. Abebe, Mercato, 631 West 11th Street. Sponsor: Mayor/City Attorney A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to approve said renewal of Item 11(b). Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 18. New 2012-13 Retail Malt Beverage License for Effayco Inc, Vishnu Bunny Tattoo, 202 South Phillips Avenue, with Conditional Use Permit (2012-09-10) being approved on October 3, 2012. Sponsor: Mayor/City Attorney A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to approve Item 18. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Greg Jamison, Kermit L. Staggers, 4. Noes, Sue Aguilar, Dean Karsky, Rex Rolfing, 3. Motion Passed. 19. New 2013 Package Liquor License for Wang Enterprises Inc., King’s Mart, to be operated at 4200 West 41st Street. Sponsor: Mayor/City Attorney 20. New 2012-13 Package Malt Beverage South Dakota Farm Winery License for Jaime Reiff, Traveling Wines by CJ, to be operated at 1603 West 12th Street. Sponsor: Mayor/City Attorney 21. Request to add Video Lottery Terminals to the Retail Malt Beverage License for Stanton Inc., The Log Cabin, to be operated at 1515 West Burnside Street. Sponsor: Mayor/City Attorney 22. Special One-Day Liquor License for Ovations Food Services L.P., to be operated at the Avera Central Office, 3900 West Avera Drive, for an Avera Health Annual Holiday Party on December 7, 2012. Sponsor: Mayor/City Attorney 23. Special One-Day Wine License for Senior Citizens Services Inc., to be held at Active Generations, 2300 West 46th Street, for the Cocktails and Canvas Art Class on December 4, 2012.  Sponsor: Mayor/City Attorney 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Gourmet Guys Fundraiser, on April 21, 2013. Sponsor: Mayor/City Attorney A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to approve Items 19 through 24. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY TO UPDATE AND FURTHER DEFINE RESTRICTED CONCEALED WEAPONS. Sponsor: Mayor/Police A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to adopt said Ordinance No. 86-12. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 1, “GENERAL PROVISIONS” AND CHAPTER 27, “PARKS AND RECREATION,” OF THE REVISED ORDINANCES OF THE CITY BY REMOVING SPECIFIC PENALTY, RESTRICTING USE OF REMOTE CONTROL AIRCRAFT, AMENDING EXCEPTIONS TO PARK HOURS, AND REMOVING REFERENCES TO BOARD. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Dean Karsky to defer to Tuesday, December 4, 2012, at 7:00 p.m. on Item 26. Vote to defer: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Engineering, $550,000.00)  Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Ordinance No. 87-12. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A JOINT POWERS AGREEMENT BETWEEN LINCOLN COUNTY AND THE CITY OF SIOUX FALLS REGARDING THE CITY’S CONTRIBUTION TOWARD THE NONFEDERAL COST SHARE REQUIREMENT OF A HAZARD MITIGATION GRANT AWARD. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 88-12. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, 6. Noes, Kermit L. Staggers, 1. Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2012-10-10 TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT NORTHEAST CORNER OF W. BENSON RD. AND S. WESTPORT AVE. AMENDING THE SANFORD SPORTS COMPLEX PLANNED DEVELOPMENT DISTRICT. 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 Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, December 4, 2012, at 7:00 p.m. on Item 29. Vote to set a date: Roll Call: Yeses, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Greg Jamison, Dean Karsky, Rex Rolfing, 6. Noes, 0. Council Member James Entenman was excused from the meeting and the vote on this item. Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD REZONING PROPERTY AT 2201 W. 95TH ST. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE S, INSTITUTIONAL DISTRICT, PETITION NO. 2012-10-06 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, December 4, 2012, at 7:00 p.m. on Item 30. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY PERMITTING CLUBHOUSES. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to set a date of hearing and 2nd reading for Tuesday, December 4, 2012, at 7:00 p.m. on Item 31. Vote to set a date: Roll Call: Yeses, Sue Aguilar, James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 6. Noes, Kenny Anderson Jr., 1. Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING APPENDIX A SUBDIVISION ORDINANCE. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd reading for Tuesday, December 4, 2012, at 7:00 p.m. on Item 32. Vote to set a date: Roll Call: Yeses, Sue Aguilar, James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 6. Noes, 0. Council Member Kenny Anderson Jr. was excused from the meeting and the vote on this item. Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF SIOUX FALLS, SOUTH DAKOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING THE CODE. Sponsor: City Council/Attorney  A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd reading for Tuesday, December 4, 2012, at 7:00 p.m. on Item 33. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND RETRO PAY WAGES AND HEALTH INSURANCE PREMIUMS FOR TRANSIT. Sponsor: Mayor/Finance A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to set a date of hearing and 2nd reading for Tuesday, December 4, 2012, at 7:00 p.m. on Item 34. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY TO FURTHER DEFINE WHEN AN ANIMAL CAN BE DECLARED VICIOUS AND TO PROVIDE CERTAIN REQUIREMENTS AFTER AN ANIMAL BITE INCIDENT. Sponsor: Mayor/Police 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 Tuesday, December 4, 2012, at 7:00 p.m. on Item 35. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 36. A RESOLUTION APPROVING A FRAUD CONTROL POLICY FOR THE CITY. Sponsor: City Council A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution No. 88-12.  Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. RESOLUTION NO. 88-12 A RESOLUTION APPROVING A FRAUD CONTROL POLICY FOR THE CITY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Fraud Control Policy” is hereby approved. Date adopted: 11/20/12 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 37. A RESOLUTION AMENDING THE 2012–2016 CAPITAL PROGRAM. Sponsor: Mayor/Finance A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Resolution No. 89-12. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. RESOLUTION NO. 89-12 A RESOLUTION AMENDING THE 2012–2016 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2012–2016 Capital Program shall be amended as follows: Public Works—Engineering Amend Capital Improvements Program Project No. 040088, Arterial Street Improvements, by increasing the amount of funding for Arterial Street Platting Fees by $550,000 and Water Platting Fees by $350,000 in 2012. The additional funding for Street Platting Fees will require an increase in appropriations that will be funded by platting fees collected. Date adopted: 11/20/12 . Mike T. Huether  Mayor ATTEST: Lorie Hogstad City Clerk NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE The City Council may include other such business as may come before this body. ADJOURNMENT A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to adjourn at 9:50 p.m. The Mayor called for a voice vote. All members presented 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 ON TUESDAYS EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD 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 FOURTH TUESDAY 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 MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. 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