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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 5, 2013

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, March 5, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Mayor Mike T. Huether INVOCATION  Chaplain John Mooney, Sioux Falls Veterans Administration and Air National Guard PLEDGE OF ALLEGIANCE PROCLAMATIONS  Spread The Word To End The Word Day, March 6, 2013  Sioux Empire Water Festival Days, March 12 and 13, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, 0. Council Member James Entenman was excused from the meeting and the vote on the Consent Agenda. Motion Passed. MINUTES  Informational Meeting of Tuesday, February 19, 2013, at 4:00 p.m.  City Council Meeting of Tuesday, February 19, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the February 28, 2013, memo. Sponsor: Mayor/Finance 2. Notice of change orders on the February 28, 2013 memo. Sponsor: Mayor/Finance 3. Report of Requests for Quotes for Fuel dated: February 15, 2013; Unleaded Ethanol; 8,500 gallons; Howes Oil ($3.3905); Harms Oil ($3.3920); CHS, Inc. ($3.4080); Olson Oil, no bid. Bid awarded to Howes Oil. Sponsor: Mayor/Public Works 4. Report of Requests for Quotes for Fuel dated: February 19, 2013; #1 and #2 Dyed Diesel Fuel; 3,000 Gallons #1 and 4,500 gallons #2; Harms Oil (#1 = $3.5325/#2 = $3.3925); Howes Oil (#1 = $3.5515/#2 = $3.4240); CHS, Inc., Midwest Oil and Olson Oil, all no bids. Bid awarded to Harms Oil. Sponsor: Mayor/Public Works 5. Report of Requests for Quotes for Fuel dated: February 20, 2013; #1 and #2 Dyed Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; Howes Oil (#1 = $3.5100/#2 = $3.3600); Harms Oil (#1 = $3.5086/#2 = $3.3725); Midwest Oil (#1 = $3.6030/#2 = $3.4750); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 6. Report of Requests for Quotes for Fuel dated: February 22, 2013; Unleaded Ethanol; 8,500 gallons; Howes Oil ($3.3225); Harms Oil ($3.3400); CHS, Inc. and Olson Oil, both no bids. Bid awarded to Howes Oil. Sponsor: Mayor/Public Works 7. Report of Requests for Quotes for Fuel dated: February 25, 2013; #1 and #2 Dyed Diesel Fuel; 6,000 gallons #1 and 9,000 gallons #2; Howes Oil (#1 = $3.4570/#2 = $3.3185); Harms Oil (#1 = $3.4066/#2 = $3.3507); CHS, Inc. (#1 = $3.5000/#2 =$3.3500); Midwest Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 8. A communication was received from the steering committee for the Roosevelt High School Senior Class Party stating their intent to sell raffle tickets from March 11, 2013, to April 26, 2013, for cash prizes of $1,000.00 (minimum of one and a maximum of four). The tickets will be sold for $10.00 each until 2,000 tickets are sold. The proceeds will be used to pay expenses for the all-night Roosevelt High School Senior Class Party on May 19, 2013. Sponsor: SDCL 22-25-25 9. A communication was received from the YWCA Sioux Falls stating their intent to sell raffle tickets from April 1, 2013, to April 25, 2013, for prizes of an iPad (valued at $400.00-$600.00); and a Coach purse (valued at $400.00-$600.00). Tickets will be sold for $20.00 or less until $100.00 tickets are sold. The proceeds will be used for programs offered at the YWCA to women, children and families. Sponsor: SDCL 22-25-25 10. A communication was received from Deep Bench, L.L.C. (dba OTA) requesting permission to consume, but not sell, beer and wine at the Sioux Falls Design Center, 108 West 11th Street, on Thursday, March 14, 2013, from 5:00 p.m. to 9:00 p.m. for a reception. Sponsor: SDCL 35-1-5.3 APPLICATIONS 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: 11. Luella Mengenhausen, Parcel 38570, 2013 E. 1st Street, Sioux Falls City, W 61' Lot 4, Block 1, Leader's Sunrise 2nd Addition to Sioux Falls City, for 2011 property taxes in the amount of $800.81. The amount requested is the difference between the elderly freeze and the non-elderly freeze. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 19, 2013, at 7:00 p.m. on Items 12 through 18: 12. New 2013 Package Liquor License for Fareway Stores, Inc., Fareway Stores #136, to be operated at 1431 West 41st Street. Sponsor: Mayor/City Attorney 13. Special One-Day Wine and Special One-Day Off-Sale Package Wine Dealer Licenses for Hy-Vee, Inc., Hy-Vee Food Store #5 to be operated at the Canterbury Village Clubhouse, 5500 East Eastbridge Place, for the Edith Sanford Breast Cancer Foundation Taste of Hope fundraiser on March 22, 2013. Sponsor: Mayor/City Attorney 14. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for a Cocktails and Canvas Art Class on March 26, 2013. Sponsor: Mayor/City Attorney 15. Special One-Day Malt Beverage License for Avera McKennan Hospital to be operated at Avera McKennan Fitness Center, 3400 South Southeastern Avenue, for the 5K Joker Run on April 1, 2013. Sponsor: Mayor/City Attorney 16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, to be operated at 4320 South Oxbow Avenue, for a fundraiser on April 19, 2013. Sponsor: Mayor/City Attorney 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, to be operated at 4320 South Oxbow Avenue, for a Siouxland Republican Women fundraiser on April 27, 2013. Sponsor: Mayor/City Attorney 18. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley Davidson, to be operated at Falls Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) with a north boundary of Falls Park Drive, south boundary to 8th Street, east boundary is to the chain link fence on the east side of the park (the street will be closed on 6th Street from Dakota to Weber Avenues), and the west boundary of Dakota Avenue, for Hot Harley Nights, on July 13, 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 Rex Rolfing to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. PUBLIC INPUT Greg Nietzert spoke regarding the Shape Places Zoning ordinance. Paula Johnson spoke regarding a Quit Claim Deed for the property at Spellerberg Park. Douglas Cook spoke regarding the parking needs for future expansion at the Veterans Administration Hospital. UNFINISHED BUSINESS 19. 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 20. 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 21. 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 22. 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 23. 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 A motion was made by Council Member Sue Aguilar and seconded by Council Member Rex Rolfing to approve Items 19 through 23. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 24. Deferred Action (from the City Council Meetings of November 6, 2012 and January 2, 2013). 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT N. CLIFF AVE. AND E. 1ST ST. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT; I-2, GENERAL INDUSTRIAL DISTRICT; AND THE RD, RESIDENTIAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2012-09-14, 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 James Entenman to defer this item to the City Council Meeting on Tuesday, June 4, 2013, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 25. 2nd 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 Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Ordinance No. 5-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 26. 2nd 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 James Entenman to adopt said Ordinance No. 6-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 27. 2nd 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 Michelle Erpenbach to adopt said Ordinance No. 7-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 28. 2nd 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 Dean Karsky to adopt said Ordinance 8-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SIOUX FALLS, SD, BY ADOPTING THE SHAPE PLACES ZONING ORDINANCE. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. for Item 29. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 51: UTILITY RATES AND CHARGES; SUBCHAPTER, STORM WATER DRAINAGE SYSTEM IMPROVEMENT COST RECOVERY. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services 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, March 19, 2013, at 7:00 p.m. for Item 30. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 51: UTILITY RATES AND CHARGES OF THE 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 James Entenman to set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96: STREETS AND SIDEWALKS OF THE ORDINANCE. 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, March 19, 2013, at 7:00 p.m. for Item 32. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 33. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON N. KIWANIS AVE., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor/Public Works A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution No. 14-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 14-13 A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON N. KIWANIS AVE., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the City of Sioux Falls, SD, in front of and abutting upon the following described property to be assessed: N. Kiwanis Ave. from W. 2nd St. to W. 9th St. S1/2 vac. Street & E1/2 vac. Hudson Ave. & Lots 10-12 & Lots 1-3 (ex E10') Blk 28 Harrison’s Addn., Minnehaha County, SD S99' N132' W456.4' E496.4' SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD Lot 1 Soukup’s Addn., City of Sioux Falls, Minnehaha County, SD N165' W660' N990' E331' SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD N137' S495' N990' E331' SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD S160' N198' S396' N990' E331' (ex E40') SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD Tract 11 Penticoff Addn., City of Sioux Falls, Minnehaha County, SD S99' E661.8' (ex E7') N3/4 SE1/4 NW1/4 & N10' Lot 2 Sec. 18-101-49, Minnehaha County, SD N115' Lot 2 (ex N10') S1/2 SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD E160' Lot 2 Blk 3 Penmor Addn., City of Sioux Falls, Minnehaha County, SD Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.035 of the Code of Ordinances of Sioux Falls, SD, and SDCL Chapter 9-46. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Community Development, 224 W. 9th St., or call 367-7125, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in five (5) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-76 through 9-43-113. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Construct 4" Thick Sidewalk .............................$20.00 Per Front Foot Engineering Fee .................................................$4.00 Per Front Foot Date adopted: 03/05/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 34. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. (Parks and Recreation: $39,518.00; Public Works-Water: $240,000.00; and Public Works - Water Reclamation: $11,000.00). Sponsor: Mayor/Finance A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 15-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 15-13 A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2013–2017 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvements Program Project No. 013064, Bike Trail Development, by increasing funding in 2013 by $39,518 for construction of a bike trail station point. This will require an increase in appropriations that will be funded by the Sales/Use Tax Fund via a donation from the Elmen Foundation. Public Works—Water Amend the Other Capital Expenditures Program by adding two loader backhoes in 2013. The estimated cost is $120,000 each, totaling $240,000. This will not require an increase in appropriations as it will be funded by water user fees. Public Works—Water Reclamation Amend the Other Capital Expenditures Program by adding a microwave analyzer in 2013. The estimated cost is $11,000 and will not require an increase in appropriations as it will be funded by water reclamation user fees. Date adopted: 03/05/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 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) 35. REPORT OF THE FEBRUARY 25, 2013, NOTICE OF TRANSFERS OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adjourn at 8:30 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, March 5, 2013 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 ● Chaplain John Mooney, Sioux Falls Veterans Administration and Air National Guard PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Spread The Word To End The Word Day, March 6, 2013 ● Sioux Empire Water Festival Days, March 12 and 13, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, February 19, 2013, at 4:00 p.m. ● City Council Meeting of Tuesday, February 19, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the February 28, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on the February 28, 2013 memo. Sponsor: Mayor/Finance 3. Report of Requests for Quotes for Fuel dated: February 15, 2013; Unleaded Ethanol; 8,500 gallons; Howes Oil ($3.3905); Harms Oil ($3.3920); CHS, Inc. ($3.4080); Olson Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 4. Report of Requests for Quotes for Fuel dated: February 19, 2013; #1 and #2 Dyed Diesel Fuel; 3,000 Gallons #1 and 4,500 gallons #2; Harms Oil (#1 = $3.5325/#2 = $3.3925); Howes Oil (#1 = $3.5515/#2 = $3.4240); CHS, Inc., Midwest Oil and Olson Oil, all no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 5. Report of Requests for Quotes for Fuel dated: February 20, 2013; #1 and #2 Dyed Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; Howes Oil (#1 = $3.5100/#2 = $3.3600); Harms Oil (#1 = $3.5086/#2 = $3.3725); Midwest Oil (#1 = $3.6030/#2 = $3.4750); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 6. Report of Requests for Quotes for Fuel dated: February 22, 2013; Unleaded Ethanol; 8,500 gallons; Howes Oil ($3.3225); Harms Oil ($3.3400); CHS, Inc. and Olson Oil, both no bids. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 7. Report of Requests for Quotes for Fuel dated: February 25, 2013; #1 and #2 Dyed Diesel Fuel; 6,000 gallons #1 and 9,000 gallons #2; Howes Oil (#1 = $3.4570/#2 = $3.3185); Harms Oil (#1 = $3.4066/#2 = $3.3507); CHS, Inc. (#1 = $3.5000/#2 =$3.3500); Midwest Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 8. A communication was received from the steering committee for the Roosevelt High School Senior Class Party stating their intent to sell raffle tickets from March 11, 2013, to April 26, 2013, for cash prizes of $1,000.00 (minimum of one and a maximum of four). The tickets will be sold for $10.00 each until 2,000 tickets are sold. The proceeds will be used to pay expenses for the all-night Roosevelt High School Senior Class Party on May 19, 2013. Sponsor: SDCL 22-25-25 9. A communication was received from the YWCA Sioux Falls stating their intent to sell raffle tickets from April 1, 2013, to April 25, 2013, for prizes of an iPad (valued at $400.00-$600.00); and a Coach purse (valued at $400.00-$600.00). Tickets will be sold for $20.00 or less until 100 tickets are sold. The proceeds will be used for programs offered at the YWCA to women, children and families. Sponsor: SDCL 22-25-25 10. A communication was received from Deep Bench, L.L.C. (d/b/a OTA) requesting permission to consume, but not sell, beer and wine at the Sioux Falls Design Center, 108 West 11th Street, on Thursday, March 14, 2013, from 5:00 p.m. to 9:00 p.m. for a reception. Sponsor: SDCL 35-1-5.3 APPLICATIONS 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: 11. Luella Mengenhausen, Parcel 38570, 2013 E. 1st Street, Sioux Falls City, W 61' Lot 4, Block 1, Leader's Sunrise 2nd Addition to Sioux Falls City, for 2011 property taxes in the amount of $800.81. The amount requested is the difference between the elderly freeze and the non-elderly freeze. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, March 19, 2013, at 7:00 p.m. on Items 12 through 18: 12. New 2013 Package Liquor License for Fareway Stores, Inc., Fareway Stores #136, to be operated at 1431 West 41st Street. Sponsor: Mayor/City Attorney 13. Special One-Day Wine and Special One-Day Off-Sale Package Wine Dealer Licenses for Hy-Vee, Inc., Hy-Vee Food Store #5 to be operated at the Canterbury Village Clubhouse, 5500 East Eastbridge Place, for the Edith Sanford Breast Cancer Foundation Taste of Hope fundraiser on March 22, 2013. Sponsor: Mayor/City Attorney 14. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at Active Generations, 2300 West 46th Street, for a Cocktails and Canvas Art Class on March 26, 2013. Sponsor: Mayor/City Attorney 15. Special One-Day Malt Beverage License for Avera McKennan Hospital to be operated at Avera McKennan Fitness Center, 3400 South Southeastern Avenue, for the 5K Joker Run on April 1, 2013. Sponsor: Mayor/City Attorney 16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, to be operated at 4320 South Oxbow Avenue, for a fundraiser on April 19, 2013. Sponsor: Mayor/City Attorney 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, to be operated at 4320 South Oxbow Avenue, for a Siouxland Republican Women fundraiser on April 27, 2013. Sponsor: Mayor/City Attorney 18. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley Davidson, to be operated at Falls Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) with a north boundary of Falls Park Drive, south boundary to 8th Street, east boundary is to the chain link fence on the east side of the park (the street will be closed on 6th Street from Dakota to Weber Avenues), and the west boundary of Dakota Avenue, for Hot Harley Nights, on July 13, 2013. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 19. 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 20. 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 21. 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 22. 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 23. 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 INTRODUCTION AND ADOPTION OF ORDINANCES 24. Deferred Action (from the City Council Meetings of November 6, 2012 and January 2, 2013). 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT N. CLIFF AVE. AND E. 1ST ST. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT; I-2, GENERAL INDUSTRIAL DISTRICT; AND THE RD, RESIDENTIAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2012-09-14, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks/Recreation $39,518.00) Sponsor: Mayor/Finance 26. 2nd 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 27. 2nd 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 28. 2nd 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 Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SIOUX FALLS, SD, BY ADOPTING THE SHAPE PLACES ZONING ORDINANCE. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 51: UTILITY RATES AND CHARGES; SUBCHAPTER, STORM WATER DRAINAGE SYSTEM IMPROVEMENT COST RECOVERY. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 51: UTILITY RATES AND CHARGES OF THE ORDINANCE. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96: STREETS AND SIDEWALKS OF THE ORDINANCE. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services HEARINGS AND RESOLUTIONS 33. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON N. KIWANIS AVE., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor/Public Works 34. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. (Parks and Recreation: $39,518.00; Public Works-Water: $240,000.00; and Public Works-Water Reclamation: $11,000.00). Sponsor: Mayor/Finance 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) 35. REPORT OF THE FEBRUARY 25, 2013, 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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