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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 19, 2013

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, February 19, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Jamison Council Member James Entenman Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Father Steven Jones, Christ the King Catholic Church PLEDGE OF ALLEGIANCE VISITOR RECOGNITION  Boy Scout Troop 46 working on their Citizenship Merit Badge and First Class Rank 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, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Wednesday, February 13, 2013, at 4:00 p.m.  City Council Meeting of Wednesday, February 13, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on February 14, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on February 14, 2013 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: February 6, 2013; Winter Mix 50/50 #1 & #2 Dyed Diesel; 350 Gallons; Midway Service ($3.53); Howes Oil ($3.619); Tammen Oil, no bid. Bid awarded to: Midway Service. Sponsor: Mayor/Parks and Recreation 4. Report of Request for Quotes for Fuel: February 11, 2013; #1 & #2 Dyed Diesel Fuel; 6000 Gallons #1 & 9000 Gallons #2; Howes Oil (#1, $3.5340/#2, $3.3935) Harms Oil (#1, $3.5520/#2, $3.4160); CHS Inc. (#1, $3.5700/#2, $3.4100); Midwest Oil and Olson Oil, no bids. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 5. Report of Request for Quotes for Fuel: February 11, 2013; Unleaded Ethanol; 8500 Gallons; Harms Oil ($3.2480); Howes Oil ($3.2505); CHS, Inc. ($3.2770); Olson Oil, no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 6. Report of Request for Quotes for Fuel: February 13, 2013; #2 Clear Diesel, 7500 Gallons; CHS, Inc. ($3.65); Harms Oil ($3.627); Howes Oil and Midwest Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Sioux Area Metro 7. A communication was received from AIGA South Dakota (American Institute of Graphic Arts) requesting permission to consume, but not sell, wine and beer at the Sioux Falls Design Center, 108 West 11th Street, on May 3, 2013, from 6:00 p.m. to 9:00 p.m. for the a gallery opening/reception showcasing South Dakota designers and artists' work. Sponsor: Sponsor: SDCL 35-1-5.3 APPLICATIONS 8. Special One-Day Off-Sale Package Wine Dealer License for the El Riad Shriners to be operated at the El Riad Mosque, 510 South Phillips Avenue, for the 1st Annual Wine Moonshine & Beer Tasting Event on March 9, 2013. Sponsor: Mayor/City Attorney 9. Special One-Day Malt Beverage License requests for the Multi-Cultural Center of Sioux Falls to be operated at the Coliseum, 515 North Main Avenue, for RollerDollz performances to be held on March 2, April 6, April 27, September 28, October 19 and November 19, 2013. Sponsor: Mayor/City Attorney The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux Falls: 10. Brad and Kathleen Baloun, Parcel 280.98.00.600, Tract 6, Diamond Valley Addition to City of Sioux Falls, Lincoln County, for 2011 property taxes in the amount of $7,965.12. This tract was platted and the value did not change. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Items 11 through 15: 11. New 2013 Package Liquor License for Luciano’s North LTD, Luciano’s North to be operated at 431 North Phillips Avenue (CUP not required; this is an addition to an existing license). Sponsor: Mayor/City Attorney 12. Transfer of a 2013 Retail Wine License from B&S Japanese Steakhouse, LLC, Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi and Hibachi Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East 10th Street (full service restaurant; CUP not required). Sponsor: Mayor/City Attorney 13. Transfer of a 2012-2013 Retail Malt Beverage License from B&S Japanese Steakhouse, LLC, Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi and Hibachi Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East 10th Street (full service restaurant; CUP not required). Sponsor: Mayor/City Attorney 14. Special One-Day Liquor License request for the Avera McKennan Foundation to be operated at the Avera Prairie Center, 1000 East 23rd Street, for The Big Grape fundraiser on April 12, 2013. Sponsor: Mayor/City Attorney 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at CNA Surety, 101 South Reid Street, Suite 300, for a fundraiser on May 2, 2013. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Greg Jamison to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. PUBLIC INPUT Greg Neitzert expressed concerns regarding language in Item 26, first reading of an ordinance regulating public sewers and how violations of the proposed ordinance would be handled. UNFINISHED BUSINESS 16. New 2012-2013 Retail Malt Beverage License for Paul Saxton, Bogtrotters Pub, Grub & Tap to be operated at 201 East 11th Street with the Conditional Use Permit (2012-11-15) being approved on January 9, 2013. Pending final inspections by Fire, Health and Building Services. Sponsor: Mayor/City Attorney 17. New 2013 Retail Wine License for Dollar Bill’s Casino Inc., Dollar Bill’s Casino to be operated at 4920 North Cliff Avenue with Conditional Use Permit (96-10-4) being approved on November 18, 1996. Sponsor: Mayor/City Attorney 18. Transfer of 2012-2013 Retail Malt Beverage License from Lucky Buck’s Casino Inc., Lucky Buck’s Casino to MG Oil Company, Happy Jacks Sioux Falls III to be operated at 3705 South Western Avenue (CUP not required; this is an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 19. Transfer of 2013 Package Liquor License from Runco, Amoco Food Shop to JKB Enterprises LLC, J&K Kwik Stop to be operated at 1200 East 10th Street (CUP not required). Sponsor: Mayor/City Attorney 20. Transfer of 2013 Retail Liquor License from Cash Inn on Benson Inc., Cash Inn II, to Brett Erickson, Happy Jacks Sioux Falls IV to be operated at 1211 East Benson Road with Conditional Use Permit (2006-01-13) being approved on February 1, 2006. Sponsor: Mayor/City Attorney 21. Special One-Day Wine License request from Good Shepherd Ministry Center Inc., to be operated at the Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on May 7, 2013. Sponsor: Mayor/City Attorney 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Jazz & Blues Society, to be operated at Vern Eide Acura, 4030 South Grange Avenue, for a fundraiser on June 20, 2013. Sponsor: Mayor/City Attorney 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Jazz & Blues Society, to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for the Jazz Fest on July 18-20, 2013. Sponsor: Mayor/City Attorney A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to approve Items 16 through 23. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 32.022 OF CHAPTER 32, “CITY ORGANIZATIONS,” TO REFLECT UPDATED TITLE OF INTERNAL AUDIT MANAGER. Sponsor: City Council A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 4-13. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks/Recreation $39,518) Sponsor: Mayor/Finance A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Item 25. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 53 “PUBLICLY OWNED TREATMENT WORKS” SECTION 53.023 “REGULATION OF USE OF PUBLIC SEWERS.” Sponsor: Mayor/Public Works/Engineering A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Item 26. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-01-02, TO SECTION 160.446, PLANNED DEVELOPMENT DISTRICTS, AT E. 57TH ST. BETWEEN S. BAHNSON AVE. AND S. GRAYSTONE AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA B REGULATIONS AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Rex Rolfing and seconded by Council Member Sue Aguilar to set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Item 27. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 157 OF THE SUBDIVISION ORDINANCE. 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 set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Item 28. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. BROEK DR. FROM W. 32ND ST. TO S. KIERRA CT. AS SHOWN ON THE ATTACHED EXHIBIT. Sponsor: Mayor/Public Works A motion was made by Council Member Dean Karsky and seconded by Council Member Greg Jamison to adopt said Resolution No. 9-13. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. RESOLUTION NO. 9-13 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. BROEK DR. FROM W. 32ND ST. TO S. KIERRA CT. AS SHOWN ON THE ATTACHED EXHIBIT. WHEREAS, a petition of the owners of: Lot 15 (ex. Lots 15A and 16A) Block 1 Westwood Valley Addition Lot 16 Block 1 Westwood Valley Addition Lot 17A Block 1 Westwood Valley Addition Lot 1 Block 12 Westwood Valley Addition Lot 2 (ex. Lot 3A) Block 12 Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on February 12, 2013, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has not been used for public travel in the last 20 years NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on W. Broek Dr. from W. 32nd St. to S. Kierra Ct. as shown on the attached exhibit to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 02/19/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 30. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON THE WEST 20' OF W. BROEK DR. ADJACENT TO LOTS 1A THROUGH 6A AND LOT 14A BLOCK 11 AND LOTS 15 AND 16 BLOCK 12 ALL OF WESTWOOD VALLEY ADDITION AS SHOWN ON ATTACHED EXHIBIT. Sponsor: Mayor/Public Works A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to adopt said Resolution No. 10-13. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. RESOLUTION NO. 10-13 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON THE WEST 20' OF W. BROEK DR. ADJACENT TO LOTS 1A THROUGH 6A AND LOT 14A BLOCK 11 AND LOTS 15 AND 16 BLOCK 12 ALL OF WESTWOOD VALLEY ADDITION AS SHOWN ON ATTACHED EXHIBIT. WHEREAS, a petition of the owners of: Lot 1A Block 11 Westwood Valley Addition Lot 2A Block 11 Westwood Valley Addition Lot 3A Block 11 Westwood Valley Addition Lot 4A Block 11 Westwood Valley Addition Lot 5A Block 11 Westwood Valley Addition Lot 6A Block 11 Westwood Valley Addition Lot 14A Block 11 Westwood Valley Addition Lot 15 Block 12 Westwood Valley Addition Lot 16 Block 12 Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on February 12, 2013, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has not been used for public travel in the last 20 years NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on the west 20' of W. Broek Dr. adjacent to Lots 1A through 6A and Lot 14A Block 11 and Lots 15 and 16 Block 12 all of Westwood Valley Addition as shown on attached exhibit to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 02/19/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 31. A RESOLUTION ADOPTING THE INTERNAL AUDIT CHARTER FOR THE CITY AS AMENDED. Sponsor: City Council A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 11-13. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. RESOLUTION NO. 11-13 A RESOLUTION ADOPTING THE INTERNAL AUDIT CHARTER FOR THE CITY AS AMENDED. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Internal Audit Charter” is hereby approved as amended. That the Mayor is authorized to sign such agreement. Date adopted: 02/19/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 32. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2012-12-05—W. 12TH ST. AND N. ELLIS RD. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 12-13. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. RESOLUTION NO. 12-13 ANNEXATION 2012-12-05—W. 12TH ST. AND N. ELLIS RD. 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; 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 land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is adequate provision for municipal utilities and access to the major street network once the environmental assessment is complete on N. Ellis Rd. in late 2013 or early 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 1 of Lakeside Addition; a portion of the SW1/4 of 16-101-50 (excluding Bruns Tract 1, Tract 1 and Lot 5 Block 1 Crusher’s Addition, and excluding an unplatted portion in the NW1/4 of the SW1/4 being 327' east to west and 1,061' north to south); including adjacent rights-of-way of Ellis Rd. and Highway 42, Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 02/19/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 13-13. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0. Motion Passed. RESOLUTION NO. 13-13 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Rick Kiley Falls Community Health Appointed for a term from Center Governing Board February 2013 to March 2016 (to replace Mike Hurley). Date adopted: 02/19/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to adjourn at 7:40 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 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 MEETING OF Tuesday, February 19, 2013 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT 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 Council Member Greg Jamison Mayor Mike T. Huether INVOCATION ● Father Steven Jones, Christ the King Catholic Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Wednesday, February 13, 2013, at 4:00 p.m. ● City Council Meeting of Wednesday, February 13, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on February 14, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on February 14, 2013 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: February 6, 2013; Winter Mix 50/50 #1 & #2 Dyed Diesel; 350 Gallons; Midway Service ($3.53); Howes Oil ($3.619); Tammen Oil, no bid. Bid awarded to: Midway Service. Sponsor: Mayor/Parks and Recreation 4. Report of Request for Quotes for Fuel: February 11, 2013; #1 & #2 Dyed Diesel Fuel; 6000 Gallons #1 & 9000 Gallons #2; Howes Oil (#1, $3.5340/#2, $3.3935) Harms Oil (#1, $3.5520/#2, $3.4160); CHS Inc. (#1, $3.5700/#2, $3.4100); Midwest Oil and Olson Oil, no bids. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 5. Report of Request for Quotes for Fuel: February 11, 2013; Unleaded Ethanol; 8500 Gallons; Harms Oil ($3.2480); Howes Oil ($3.2505); CHS, Inc. ($3.2770); Olson Oil, no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 6. Report of Request for Quotes for Fuel: February 13, 2013; #2 Clear Diesel, 7500 Gallons; CHS, Inc. ($3.65); Harms Oil ($3.627); Howes Oil and Midwest Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Sioux Area Metro 7. A communication was received from AIGA South Dakota (American Institute of Graphic Arts) requesting permission to consume, but not sell, wine and beer at the Sioux Falls Design Center, 108 West 11th Street, on May 3, 2013, from 6:00 p.m. to 9:00 p.m. for the a gallery opening/reception showcasing South Dakota designers and artists' work. Sponsor: Sponsor: SDCL 35-1-5.3 APPLICATIONS 8. Special One-Day Off-Sale Package Wine Dealer License for the El Riad Shriners to be operated at the El Riad Mosque, 510 South Phillips Avenue, for the 1st Annual Wine Moonshine & Beer Tasting Event on March 9, 2013. Sponsor: Mayor/City Attorney 9. Special One-Day Malt Beverage License requests for the Multi-Cultural Center of Sioux Falls to be operated at the Coliseum, 515 North Main Avenue, for RollerDollz performances to be held on March 2, April 6, April 27, September 28, October 19 and November 19, 2013. Sponsor: Mayor/City Attorney The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux Falls: 10. Brad and Kathleen Baloun, Parcel 280.98.00.600, Tract 6, Diamond Valley Addition to City of Sioux Falls, Lincoln County, for 2011 property taxes in the amount of $7,965.12. This tract was platted and the value did not change. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Items 11 through 15: 11. New 2013 Package Liquor License for Luciano’s North LTD, Luciano’s North to be operated at 431 North Phillips Avenue (CUP not required; this is an addition to an existing license). Sponsor: Mayor/City Attorney 12. Transfer of a 2013 Retail Wine License from B&S Japanese Steakhouse, LLC, Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi and Hibachi Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East 10th Street (full service restaurant; CUP not required). Sponsor: Mayor/City Attorney 13. Transfer of a 2012-2013 Retail Malt Beverage License from B&S Japanese Steakhouse, LLC, Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi and Hibachi Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East 10th Street (full service restaurant; CUP not required). Sponsor: Mayor/City Attorney 14. Special One-Day Liquor License request for the Avera McKennan Foundation to be operated at the Avera Prairie Center, 1000 East 23rd Street, for The Big Grape fundraiser on April 12, 2013. Sponsor: Mayor/City Attorney 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at CNA Surety, 101 South Reid Street, Suite 300, for a fundraiser on May 2, 2013. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 16. New 2012-2013 Retail Malt Beverage License for Paul Saxton, Bogtrotters Pub, Grub & Tap to be operated at 201 East 11th Street with the Conditional Use Permit (2012-11-15) being approved on January 9, 2013. Pending final inspections by Fire, Health and Building Services. Sponsor: Mayor/City Attorney 17. New 2013 Retail Wine License for Dollar Bill’s Casino Inc., Dollar Bill’s Casino to be operated at 4920 North Cliff Avenue with Conditional Use Permit (96-10-4) being approved on November 18, 1996. Sponsor: Mayor/City Attorney 18. Transfer of 2012-2013 Retail Malt Beverage License from Lucky Buck’s Casino Inc., Lucky Buck’s Casino to MG Oil Company, Happy Jacks Sioux Falls III to be operated at 3705 South Western Avenue (CUP not required; this is an existing license which predates the ordinance). Sponsor: Mayor/City Attorney 19. Transfer of 2013 Package Liquor License from Runco, Amoco Food Shop to JKB Enterprises LLC, J&K Kwik Stop to be operated at 1200 East 10th Street (CUP not required). Sponsor: Mayor/City Attorney 20. Transfer of 2013 Retail Liquor License from Cash Inn on Benson Inc., Cash Inn II, to Brett Erickson, Happy Jacks Sioux Falls IV to be operated at 1211 East Benson Road with Conditional Use Permit (2006-01-13) being approved on February 1, 2006. Sponsor: Mayor/City Attorney 21. Special One-Day Wine License request from Good Shepherd Ministry Center Inc., to be operated at the Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on May 7, 2013. Sponsor: Mayor/City Attorney 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Jazz & Blues Society, to be operated at Vern Eide Acura, 4030 South Grange Avenue, for a fundraiser on June 20, 2013. Sponsor: Mayor/City Attorney 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Jazz & Blues Society, to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for the Jazz Fest on July 18-20, 2013. Sponsor: Mayor/City Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 32.022 OF CHAPTER 32, “CITY ORGANIZATIONS,” TO REFLECT UPDATED TITLE OF INTERNAL AUDIT MANAGER. Sponsor: City Council Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item 25: 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks/Recreation $39,518) Sponsor: Mayor/Finance Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item 26: 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 53 “PUBLICLY OWNED TREATMENT WORKS” SECTION 53.023 “REGULATION OF USE OF PUBLIC SEWERS.” Sponsor: Mayor/Public Works/Engineering Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-01-02, TO SECTION 160.446, PLANNED DEVELOPMENT DISTRICTS, AT E. 57TH ST. BETWEEN S. BAHNSON AVE. AND S. GRAYSTONE AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA B REGULATIONS AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 157 OF THE SUBDIVISION ORDINANCE. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services HEARINGS AND RESOLUTIONS 29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. BROEK DR. FROM W. 32ND ST. TO S. KIERRA CT. AS SHOWN ON THE ATTACHED EXHIBIT. Sponsor: Mayor/Public Works 30. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON THE WEST 20' OF W. BROEK DR. ADJACENT TO LOTS 1A THROUGH 6A AND LOT 14A BLOCK 11 AND LOTS 15 AND 16 BLOCK 12 ALL OF WESTWOOD VALLEY ADDITION AS SHOWN ON ATTACHED EXHIBIT. Sponsor: Mayor/Public Works 31. A RESOLUTION ADOPTING THE INTERNAL AUDIT CHARTER FOR THE CITY AS AMENDED. Sponsor: City Council 32. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2012-12-05—W. 12TH ST. AND N. ELLIS RD. Sponsor: Mayor/Planning and Building Services 33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 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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