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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 4, 2012

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, December 4, 2012, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Mayor Mike T. Huether INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Council Member James Entenman was excused from the meeting and the vote on these items. Motion Passed. MINUTES  Informational Meeting of Tuesday, November 20, 2012, at 4:00 p.m.  City Council Meeting of Tuesday, November 20, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the November 29, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on the November 29, 2012 memo. Sponsor: Mayor/Finance 3. A memorandum dated November 28, 2012, declaring surplus capital items that will be disposed of as junk. Sponsor: Mayor/Finance 4. A communication was received from Johnstone Supply, stating their intent to sell raffle tickets from December 19, 2012, to January 31, 2013, for an ATV (valued at $8,000.00); a shotgun (valued at $400.00); and a grill (valued at $300.00). Tickets will be sold for $10.00 each. The proceeds will be used for Operation Homefront, a nonprofit organization that provides emergency, financial and other assistance to the families of our service members and wounded warriors. Sponsor: SDCL 22-25-25 5. A communication was received from Philanthropy Promotions, Inc. stating their intent to sell raffle tickets from December 19, 2012, to July 13, 2013, for a 2013 Harley-Davidson Super Glide Custom (valued at approximately $16,999.00). Tickets will be sold for $25.00 each or five for $100.00. The proceeds will be used as a donation to Make-A-Wish South Dakota. Sponsor: SDCL 22-25-25 6. A communication was received from Kristin Laberis requesting permission to consume, but not sell wine at the Center for Health and Well-Being, 1301 W. 18th Street, on December 6 and December 20, 2012, from 5:30 p.m. to 7:30 p.m. for the purpose of classes teaching holiday meal ideas and international cooking. Sponsor: SDCL 35-1-5.3 7. A communication was received from the Sioux Falls Design Center requesting permission to consume, but not sell, wine and malt beverages at the Sioux Falls Design Center, 108 W. 11th Street on December 7, 2012, from 6:30 p.m. to 9:00 p.m. for Pecha Kucha Night. Sponsor: SDCL 35-1-5.3 8. A communication was received from the Avera McKennan Hospital & University Health Center requesting permission to consume, but not sell, wine and malt beverages for Avera Medical Group Comprehensive Breast Care on December 13, 2012, from 5:00 p.m. to 7:30 p.m. for the purpose of a ribbon cutting. Sponsor: SDCL 35-1-5.3 9. A communication was received from the Van Buskirk Companies requesting permission to consume, but not sell, liquor, wine, and beer at the Overlook Cafe, 825 N. Weber Ave., on January 18, 2013, from 6:00 p.m. to 12:00 a.m. for the purpose of an annual company celebration. Sponsor: SDCL 35-1-5.3 10. A communication was received from Peggy L. Anderson requesting permission to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth Street, on December 30, 2013, from 6:00 p.m. to 11:00 p.m. for the purpose of a wedding. Sponsor: SDCL 35-1-5.3 11. Report of Requests for Quotes for Fuel dated: November 14, 2012; Unleaded; 500 gallons; Howes Oil ($1,497.00); Midway Service ($1,483.25); Palisades Oil, no bid. Bid awarded to Midway Service. Sponsor: Mayor/Fire Rescue 12. Report of Requests for Quotes for Fuel dated: November 14, 2012; Diesel (#1 and #2 blend); 1,050 gallons; Howes Oil ($3,698.10); Midway Service ($3,670.28); Palisades Oil, no bid. Bid awarded to Midway Service. Sponsor: Mayor/Fire Rescue 13. Report of Requests for Quotes for Fuel dated November 21, 2012; Unleaded ethanol; 8,500 gallons; CHS, Inc. ($2.9200); Harms Oil, Howes Oil and Olson Oil, all no bids. Bid awarded to CHS Inc. Sponsor: Mayor/Fire Rescue 14. Report of Requests for Quotes for Fuel dated: November 21, 2012; 50/50 Dyed Diesel; 1,000 gallons; Midway Service ($3.4800); Howes Oil ($3.5690); Midwest Oil ($3.5590). Bid awarded to Midway Service. Sponsor: Mayor/Public Works 15. Report of Request for Quotes for Fuel dated: November 27, 2012; #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($3.458); Harms Oil ($3.4395); Howes Oil and Midwest Oil, both no bids. Bid awarded to Harms Oil. Sponsor: Mayor/Planning and Building Services 16. Report of Request for Quotes for Fuel dated: November 27, 2012; #1 & #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2; Harms Oil (#1=$3.4340 / #2=$3.2190); Howes Oil (#1=$3.4540 / #2=$3.2405); CHS, Inc. (#1=$3.4910 / #2=$3.2430); Midwest Oil and Olson Oil, both no bids. Bid awarded to Harms Oil. Sponsor: Mayor/Public Works APPLICATIONS 17. Special One-Day Liquor License for Washington Pavilion Management, Inc., Washington Pavilion of Arts & Science to be operated at 301 South Main Avenue for an Avera McKennan Medical/Dental event on January 8, 2013. Sponsor: Mayor/City Attorney 18. 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 C. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, December 18, 2012, at 7:00 p.m. for Items 19 through 22: 19. New 2013 Retail Wine License for Waterhole 2400 LLC, The Garage, to be operated at 2400 West Madison Street (CUP not required; this is an addition to an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 20. New 2013 Retail Wine License for Ovations Food Services, LP, Ovations Food Services at the Orpheum Theater to be operated at 315 North Phillips Avenue (CUP not required; this is an addition to an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 21. Transfer of a 2012-2013 Retail Malt Beverage License from SMG, Orpheum Theater Center, 315 North Phillips Avenue to Ovations Food Services, LP, Ovations Food Services at the Orpheum Theater, 315 North Phillips Avenue (CUP not required; this is a change to an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 22. Rescind Retail Malt Beverage License for SMG, Sioux Falls Arena, 1201 North West Avenue, effective December 31, 2012. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to approve the Regular Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to amend the Regular Agenda by deferring Item 24 to the City Council Meeting on Tuesday, February 5, 2013, at 7:00 p.m. Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. PUBLIC INPUT John Sorrells and Manda Patrick from RFD-TV spoke regarding being dropped from Knology's channel lineup for market sites in Sioux Falls and Rapid City, South Dakota. They would like the Council to speak to Wide Open West Management regarding dropping these market sites. Albert Brooks asked the City Council to reconsider action taken at the November 20, 2012 City Council Meeting regarding the alcohol license for the Vishnu Bunny tattoo parlor. PETITIONS 23. CONDITIONAL USE PERMIT APPEAL (2012-10-07): 1901 S. MINNESOTA AVENUE, E88’ LOTS 1-3 AND ALL LOTS 4 & 5, BLOCK 16, UNIVERSITY ADDITION, MINNEHAHA COUNTY. THE CONDITIONAL USE PERMIT WAS TO APPROVE MOTOR VEHICLE DISPLAY AND SALES ON THE SUBJECT PROPERTY AS AN ACCESSORY USE. (APPROVED AT THE NOVEMBER 7, 2012, PLANNING COMMISSION MEETING WITH A VOTE OF 5-YES, 0-NO). Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to defer Item 23 to the City Council Meeting of Wednesday, January 2, 2013, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. UNFINISHED BUSINESS 24. Deferred (from the City Council Meetings of November 6 and 13, 2012): Joint elections - agreement to share expenses. Sponsor: City Council Item 24 was deferred to the City Council Meeting on Tuesday, February 5, 2013, at 7:00 p.m. 25. Deferred Action (from the meeting of November 20, 2012): 2013 Retail Liquor License Renewal for 50/50 Holdings Inc., Deuces 9 Casino to be operated at 2601 S Carolyn Avenue. Sponsor: Mayor/City Attorney A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to approve Item 25. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, Rex Rolfing, 1. Motion Passed. 26. New 2013 Package Liquor License for Peter Wol, Gas Deals & Foods, to be operated at 1329 North Main Avenue. Sponsor: Mayor/City Attorney 27. 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 28. 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 29. 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 30. 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 A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve Item 26 through Item 30. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 31. DEFERRED ACTION (from meeting of 11/20/12) 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 Michelle Erpenbach and seconded by Council Member Greg Jamison to adopt said Ordinance No. 96-12. A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Dean Karsky to amend said ordinance by amending Section 27-11 to read as follows: “Sec. 27-11. Firearms, guns, fireworks, and certain remote control aircraft prohibited. Except as authorized by the director, no person shall fire or discharge any gun or any other type of firearm or discharge or set off any type of rocket, firecracker, or other fireworks or anything containing any substance of an explosive character, or operate remote control aircraft greater than 2 pounds, or fly a remote control aircraft of any size within 100' of an assembly, parade, or special event within any public park.” Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. 32. 2nd 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 Rex Rolfing to adopt said Ordinance 89-12. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Council Member James Entenman was excused from the meeting and the vote on this item. Motion Passed. 33. 2nd 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 James Entenman to adopt said Ordinance No. 90-12. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. 34. 2nd 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 James Entenman and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 91-12. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, Kenny Anderson Jr., 1. Motion Passed. 35. 2nd 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 Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Ordinance 92-12. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to amend said ordinance with the following changes to the last page: The removal of "Agreed to this ___day of ___, 20__"; the addition of a Notary block for the developer's signature; and the addition of an Attest block for the Mayor's signature. Vote to amend: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Council Member Kenny Anderson Jr. was excused from the meeting and the vote on this item. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Kermit L. Staggers, 1. Council Member Kenny Anderson Jr. was excused from the meeting and the vote on this item. Motion Passed. 36. 2nd 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 Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 93-12. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. 37. 2nd 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 Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance No. 94-12. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. 38. 2nd 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 Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 95-12. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, December 18, 2012, at 5:30 p.m. at the Joint City Council/Lincoln County Commission Meeting for Item 39: 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT THE SE1/4 OF SECTION 8, TOWNSHIP 100, RANGE 49, LINCOLN COUNTY, FROM THE AG, AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT. 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 18, 2012, at 5:30 p.m. at the Joint City Council/Lincoln County Commission Meeting for Item 39. Vote to set a date: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 40. REPORT OF THE NOVEMBER 27, 2012, NOTICE OF TRANSFERS OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to adjourn the meeting at 8:35 p.m. The Mayor called for a voice vote, all members present voted yes. Tamara Jorgensen, 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) 367-8080 (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. 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 REGULAR MEETING OF Tuesday, December 4, 2012 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Jim Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Mayor Mike T. Huether INVOCATION ● Dr. Ron Tottingham, Empire Baptist Temple PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, November 20, 2012, at 4:00 p.m. ● City Council Meeting of Tuesday, November 20, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the November 29, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on the November 29, 2012 memo. Sponsor: Mayor/Finance 3. A memorandum dated November 28, 2012, declaring surplus capital items that will be disposed of as junk. Sponsor: Mayor/Finance 4. A communication was received from Johnstone Supply, stating their intent to sell raffle tickets from December 19, 2012, to January 31, 2013, for an ATV (valued at $8,000.00); a shotgun (valued at $400.00); and a grill (valued at $300.00). Tickets will be sold for $10.00 each. The proceeds will be used for Operation Homefront, a nonprofit organization that provides emergency, financial and other assistance to the families of our service members and wounded warriors. Sponsor: SDCL 22-25-25 5. A communication was received from Philanthropy Promotions, Inc. stating their intent to sell raffle tickets from December 19, 2012, to July 13, 2013, for a 2013 Harley-Davidson Super Glide Custom (valued at approximately $16,999.00). Tickets will be sold for $25.00 each or five for $100.00. The proceeds will be used as a donation to Make-A-Wish South Dakota. Sponsor: SDCL 22-25-25 6. A communication was received from Kristin Laberis requesting permission to consume, but not sell wine at the Center for Health and Well-Being, 1301 W. 18th Street, on December 6 and December 20, 2012, from 5:30 p.m. to 7:30 p.m. for the purpose of classes teaching holiday meal ideas and international cooking. Sponsor: SDCL 35-1-5.3 7. A communication was received from the Sioux Falls Design Center requesting permission to consume, but not sell, wine and malt beverages at the Sioux Falls Design Center, 108 W. 11th Street on December 7, 2012, from 6:30 p.m. to 9:00 p.m. for Pecha Kucha Night. Sponsor: SDCL 35-1-5.3 8. A communication was received from the Avera McKennan Hospital & University Health Center requesting permission to consume, but not sell, wine and malt beverages for Avera Medical Group Comprehensive Breast Care on December 13, 2012, from 5:00 p.m. to 7:30 p.m. for the purpose of a ribbon cutting. Sponsor: SDCL 35-1-5.3 9. A communication was received from the Van Buskirk Companies requesting permission to consume, but not sell, liquor, wine, and beer at the Overlook Cafe, 825 N. Weber Ave., on January 18, 2013, from 6:00 p.m. to 12:00 a.m. for the purpose of an annual company celebration. Sponsor: SDCL 35-1-5.3 10. A communication was received from Peggy L. Anderson requesting permission to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth Street, on December 30, 2013, from 6:00 p.m. to 11:00 p.m. for the purpose of a wedding. Sponsor: SDCL 35-1-5.3 11. Report of Requests for Quotes for Fuel dated: November 14, 2012; Unleaded; 500 gallons; Howes Oil ($1,497.00); Midway Service ($1,483.25); Palisades Oil, no bid. Bid awarded to Midway Service. Sponsor: Mayor/Fire Rescue 12. Report of Requests for Quotes for Fuel dated: November 14, 2012; Diesel (#1 and #2 blend); 1,050 gallons; Howes Oil ($3,698.10); Midway Service ($3,670.28); Palisades Oil, no bid. Bid awarded to Midway Service. Sponsor: Mayor/Fire Rescue 13. Report of Requests for Quotes for Fuel dated: November 21, 2012; Unleaded ethanol; 8,500 gallons; CHS, Inc. ($2.9200); Harms Oil, Howes Oil and Olson Oil, all no bids. Bid awarded to CHS Inc. Sponsor: Mayor/Fire Rescue 14. Report of Requests for Quotes for Fuel dated: November 21, 2012; 50/50 Dyed Diesel; 1,000 gallons; Midway Service ($3.4800); Howes Oil ($3.5690); Midwest Oil ($3.5590). Bid awarded to Midway Service. Sponsor: Mayor/Public Works 15. Report of Request for Quotes for Fuel dated: November 27, 2012; #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($3.458); Harms Oil ($3.4395); Howes Oil and Midwest Oil, both no bids. Bid awarded to Harms Oil. Sponsor: Mayor/Planning and Building Services 16. Report of Request for Quotes for Fuel dated: November 27, 2012; #1 & #2 Dyed Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2; Harms Oil (#1=$3.4340 / #2=$3.2190); Howes Oil (#1=$3.4540 / #2=$3.2405); CHS, Inc. (#1=$3.4910 / #2=$3.2430); Midwest Oil and Olson Oil, both no bids. Bid awarded to Harms Oil. Sponsor: Mayor/Public Works APPLICATIONS 17. Special One-Day Liquor License for Washington Pavilion Management, Inc., Washington Pavilion of Arts & Science to be operated at 301 South Main Avenue for an Avera McKennan Medical/Dental event on January 8, 2013. Sponsor: Mayor/City Attorney 18. 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 C. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, December 18, 2012, at 7:00 p.m. for Items 19 through 22: 19. New 2013 Retail Wine License for Waterhole 2400 LLC, The Garage, to be operated at 2400 West Madison Street (CUP not required; this is an addition to an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 20. New 2013 Retail Wine License for Ovations Food Services, LP, Ovations Food Services at the Orpheum Theater to be operated at 315 North Phillips Avenue (CUP not required; this is an addition to an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 21. Transfer of a 2012-2013 Retail Malt Beverage License from SMG, Orpheum Theater Center, 315 North Phillips Avenue to Ovations Food Services, LP, Ovations Food Services at the Orpheum Theater, 315 North Phillips Avenue (CUP not required; this is a change to an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 22. Rescind Retail Malt Beverage License for SMG, Sioux Falls Arena, 1201 North West Avenue, effective December 31, 2012. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT PETITIONS 23. CONDITIONAL USE PERMIT APPEAL (2012-10-07): 1901 S. MINNESOTA AVENUE, E88’ LOTS 1-3 AND ALL LOTS 4 & 5, BLOCK 16, UNIVERSITY ADDITION, MINNEHAHA COUNTY. THE CONDITIONAL USE PERMIT WAS TO APPROVE MOTOR VEHICLE DISPLAY AND SALES ON THE SUBJECT PROPERTY AS AN ACCESSORY USE. (Approved at the November 7, 2012, Planning Commission Meeting with a vote of 5-Yes, 0-No). Sponsor: Mayor/Planning and Building Services UNFINISHED BUSINESS 24. Deferred (from the City Council Meetings of November 6 and 13, 2012): Joint elections - agreement to share expenses. Sponsor: City Council 25. Deferred Action (from the meeting of November 20, 2012): 2013 Retail Liquor License Renewal for 50/50 Holdings Inc., Deuces 9 Casino to be operated at 2601 S Carolyn Avenue. Sponsor: Mayor/City Attorney 26. New 2013 Package Liquor License for Peter Wol, Gas Deals & Foods, to be operated at 1329 North Main Avenue. Sponsor: Mayor/City Attorney 27. 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 28. 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 29. 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 30. 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 INTRODUCTION AND ADOPTION OF ORDINANCES 31. DEFERRED ACTION (from meeting of 11/20/12) 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 32. 2nd 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 33. 2nd 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 34. 2nd 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 35. 2nd 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 36. 2nd 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 37. 2nd 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 38. 2nd 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 Set a date of hearing and 2nd Reading for Tuesday, December 18, 2012, at 5:30 p.m. at the Joint City Council/Lincoln County Commission Meeting for Item 39: 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT THE SE1/4 OF SECTION 8, TOWNSHIP 100, RANGE 49, LINCOLN COUNTY, FROM THE AG, AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT. Sponsor: Mayor/Planning and Building Services REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 40. REPORT OF THE NOVEMBER 27, 2012, NOTICE OF TRANSFERS OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance 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 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. 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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