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City Council Meeting

Regular Meeting

Sioux Falls, SD · April 16, 2013

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, April 16, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach Council Member James Entenman Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Mayor Mike T. Huether INVOCATION  Pastor Blaze Johnson, Celebrate Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  National Public Safety Telecommunications Week, April 14-20, 2013  National Library Week, April 14-20, 2013  National Volunteer Week, April 21-27, 2013  Volunteers of America, Dakotas Day, May 2, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, April 9, 2013, at 4:00 p.m.  City Council Meeting of Tuesday, April 9, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on April 12, 2013 memo. Sponsor: Mayor/Finance 2. Two communications were received from the Children's Home Society stating their intent to hold two raffles as indicated. Each of these raffles are for general operating income to support programs and services that CHS provides to over 2,000 children per year. Raffles: selling raffle tickets from May 28 - September 1, 2013, for $100.00 each for the following prizes: 1st Prize is a Prius "C" vehicle (valued at $20,000.00); 2nd Prize is a Gas Card/Gift Card (valued at $500.00); and 3rd Prize is $250.00 cash. The second raffle is for a raffle to be held on August 4, 2013 with the tickets selling for $5.00 each or $50.00 for 12. The prizes are: A side of beef (valued at $600.00); a Weber grill (valued at $600.00); or an electronics package (valued at $575.00). Sponsor: SDCL 22-25-25 3. A communication was received from Family Connection requesting permission to consume, but not sell, wine and beer at The History Club, 758 S. Phillips Avenue, on June 27, 2013, 6:30 p.m. to 8:00 p.m. for hosting a "Family and Friends" event. Sponsor: SDCL 35-1-5.3 4. A communication was received from Mark and Lisa Johnson requesting permission to consume, but not sell, beer and wine at the Old Courthouse Museum, 200 W. 6th Street, on September 5, 2013, from 6:00 p.m. to 9:00 p.m. for a wedding rehearsal dinner. Sponsor: SDCL 35-1-5.3 5. Report of Requests for Quotes for Fuel dated: April 9, 2013; Diesel (#1 and #2 blend); 1,300 gallons; Howes Oil (44,467.13); Midway Service (44,499.96); Palisades Oil, No bid. Bid awarded to: Howes Oil Sponsor: Mayor/Fire Rescue 6. Report of Requests for Quotes for Fuel dated: April 9, 2013; Unleaded; 400 gallons; Howes Oil ($1,242.00); Midway Service ($1,256.20); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Fire Rescue 7. Report of Request for Quotes for Fuel: April 9, 2013; 50/50 Dyed Diesel; 1,400 gallons; Midway Service ($3.355); Howes Oil ($3.569); and Midwest Oil ($3.529). Bid awarded to: Midway Service. Sponsor: Mayor/Public Works APPLICATIONS The following abatements were 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: 8. Mt. Pleasant Cemetery, 2001 E. 12th Street, for 2012 property taxes in the amount of $431.18. This property is exempt from the tax. Items 9-10: The amount requested is the difference between the elderly freeze and the non-elderly freeze: 9. Joanne C. Kaskie, 2504 S. Western Avenue, for 2012 property taxes in the amount of $499.74. Sponsor: SDCL 10-18-1 10. Mardell L. Ferguson, 1811 E. 14th Street, for 2012 property taxes in the amount of $829.27. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, May 7, 2013, at 7:00 p.m. for Items 11 through 17: 11. New 2013 Retail Wine License for Empire Casino Inc., Empire Casino, to be operated at 3908 West 41st Street (CUP not required; addition to existing license which predates the ordinance). Sponsor: Mayor/City Attorney 12. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop #118 to be operated at 4600 West 41st Street. Sponsor: Mayor/City Attorney 13. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop #120 to be operated at 3312 South Western Avenue. Sponsor: Mayor/City Attorney 14. New 2012-13 Retail Malt Beverage License for Addabella Restaurants LLC, Kaladi’s Coffee Legend & Bistro to be operated at 1716 South Minnesota Avenue with the Conditional Use Permit (2013-03-18) being approved on April 3, 2013. Sponsor: Mayor/City Attorney 15. New 2013 Retail Wine License for Addabella Restaurants LLC, Kaladi’s Coffee Legend & Bistro to be operated at 1716 South Minnesota Avenue with the Conditional Use Permit (2013-03-18) being approved on April 3, 2013. Sponsor: Mayor/City Attorney 16. New 2012-13 Retail Malt Beverage License for PPC Sioux Falls, Noodles & Company to be operated at 5005 South Louise Avenue (CUP not required; full service restaurant). Sponsor: Mayor/City Attorney 17. New 2013 Retail Wine License for PPC Sioux Falls, Noodles & Company to be operated at 5005 South Louise Avenue (CUP not required; full service restaurant). 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 Rex Rolfing to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. PUBLIC INPUT Ron Sauby spoke regarding the ban on smoking in the parks. He also complimented the city on the quick and proactive responses to the recent storm events. Theresa Stehly stated the city has shown great compassion in reaching out to the people in handling the results of the storm this past week. Stehly also reviewed a flyer entitled "Who To Contact to report violations or concerns" that was mailed with the utility billings last week. UNFINISHED BUSINESS 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Almost Home Canine Rescue to be operated at the 8th and Railroad Parking Lot, 401 East 8th Street, for the 605 Summer Classic to be held on June 21-22, 2013. Sponsor: Mayor/City Attorney 19. Special One-Day Liquor License for South Dakota National Guard Enlisted Association to be operated at Farmer’s Market at Falls Park, 309 East Falls Park Drive, for the 2013 Enlisted Association of the National Guard of the United States 42nd Annual Conference welcome event on August 18, 2013. Sponsor: Mayor/City Attorney 20. Special One-Day Liquor License for South Dakota National Guard Enlisted Association to be operated at J & L Harley Davidson, 2601 West 60th Street North, for the 2013 Enlisted Association of the National Guard of the United States 42nd Annual Conference Awards and Recognition Banquet on August 21, 2013. Sponsor: Mayor/City Attorney 21. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at the following locations: 8th & Railroad Center lobby, 401 East 8th Street, Amanda’s Imagery/Julie Prairie Photography, 311 South Phillips Avenue #201, Artisan House, 229 South Phillips Avenue, Bead Co., 319 South Phillips Avenue, Book Shop, 223 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Cookie Jar, 230 South Phillips Avenue, Exposure Sioux Falls, 333 South Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Lillian’s Shoppe, 311 South Phillips Avenue #101, NV Salon Studio, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street #112/114, Say Anything Jewelry, 524 North Main Avenue #104, Sticks and Steel, 401 East 8th Street #118, Young & Richards, 236 South Main Avenue, Zanbroz, 209 South Phillips Avenue, for First Friday on May 3, 2013. Sponsor: Mayor/City Attorney 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Parking Lot, 401 East 8th Street, for Downtown Block Parties on the East Bank on June 7, July 5, and August 2, 2013. Sponsor: Mayor/City Attorney 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls, Inc., to be operated on Phillips Avenue from 9th to 14th Streets; Main Avenue from 10th to 13th Streets, 13th Street from Main to 1st Avenue, 12th Street from Main to Phillips Avenues, 11th Street from Dakota to Mall Avenues, 10th Street from Main to Mall Avenues, Parking Ramp by Main & 12th, Surface lot behind Diner, and Plaza by 12th & Phillips for Hot Summer Nites on July 17, 2013. Sponsor: Mayor/City Attorney 24. Special One-day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for weddings on May 4 and September 14, 2013. Sponsor: Mayor/City Attorney 25. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for weddings on May 25 and September 21, 2013. Sponsor: Mayor/City Attorney A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to withdraw Item 20. Vote to withdraw: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. A motion was made by Council Member Rex Rolfing and seconded by Council Member Sue Aguilar to approve Items 18-19 and Items 21-25. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTERS 50 AND 52 OF THE CODE OF ORDINANCES OF THE CITY REGARDING REGULATION OF NONESSENTIAL USES OF WATER. Sponsor: Mayor/Public Works A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Ordinance No. 23-13. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., 6. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Sponsor: Mayor/Human Resources 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, May 7, 2013, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion None. Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 41ST ST. AND S. FAITH AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE RD-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-03-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 69TH ST. AND FUTURE S. BAHNSON AVE. FROM THE RS-2, RESIDENTIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2013-03-01, 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 Rex Rolfing and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1521 E. 5TH ST. AND 511 N. HIGHLAND AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL DISTRICT, PETITION NO. 2013-03-12, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 600 S. MAIN AVE. FROM THE C-2, GENERAL COMMERCIAL, AND RA-1, RESIDENTIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2013-03-14, 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 Rex Rolfing and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 32. DEFERRED (from the City Council Meeting of Tuesday, April 9, 2013): A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Resolution No. 27-13. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. RESOLUTION NO. 27-13 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ. WHEREAS, the City of Sioux Falls (the “City”) and the Mikrho Management LLC (the “Management”) find that it is in the best interest of the people of the city of Sioux Falls, the Management, and the Overlook Café that it enter into an agreement between the City and Management, whereby the Management will operate and manage the Overlook Café; and WHEREAS, the Management is best qualified to manage the operation of the Overlook Café; and WHEREAS, the Management and the City find that it is in both parties’ best interest that an approximately five-year agreement be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Management Agreement for the Overlook Café,” being a five-year agreement for the Management to manage the Overlook Café, is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Management. Date adopted: 04/16/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF REJOICE LUTHERAN CHURCH ADDITION. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Resolution No. 28-13. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. RESOLUTION NO. 28-13 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF REJOICE LUTHERAN CHURCH ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Rejoice Lutheran Church Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 04/16/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2013-03-06—W. 41ST ST. BETWEEN S. KLEIN AVE. AND S. ELLIS RD. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 29-13. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. RESOLUTION NO. 29-13 ANNEXATION 2013-03-06—W. 41ST ST. BETWEEN S. KLEIN AVE. AND S. 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. a. The proposed storm water detention pond will not require sewer or water. 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: Lots 2, 3, 4, 5, and 6, Block 1 of Klein’s Subdivision of the N1/2 of the NW1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, according to the filed plat, thereof 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: 04/16/13 Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 35. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Resolution No. 30-13. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0. Motion Passed. RESOLUTION NO. 30-13 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 Board of Health Appointed for a term from April 2013 to April 2016 (to replace Mike Hurley). Arlene Olson Board of Health/Falls Appointed for a term from April 2013 Community Health Center to April 2016 (to replace Gwendolyn Governing Board Martin-Fletcher). Nancy Korkow Solid Waste Planning Board Reappointed for a term from April 2013 to April 2016. ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adjourn the meeting at 8:30 p.m. Mayor Huether called for a voice vote. All members present voted yes. Motion Passed. 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 MEETING OF Tuesday, April 16, 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 ● Pastor Blaze Johnson, Celebrate Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● National Public Safety Telecommunications Week, April 14-20, 2013 ● National Library Week, April 14-20, 2013 ● National Volunteer Week, April 21-27, 2013 ● Volunteers of America, Dakotas Day, May 2, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, April 9, 2013, at 4:00 p.m. ● City Council Meeting of Tuesday, April 9, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on April 12, 2013 memo. Sponsor: Mayor/Finance 2. Two communications were received from the Children's Home Society stating their intent to hold two raffles as indicated. Each of these raffles are for general operating income to support programs and services that CHS provides to over 2,000 children per year. Raffles: selling raffle tickets from May 28 - September 1, 2013, for $100.00 each for the following prizes: 1st Prize is a Prius "C" vehicle (valued at $20,000.00); 2nd Prize is a Gas Card/Gift Card (valued at $500.00); and 3rd Prize is $250.00 cash. The second raffle is for a raffle to be held on August 4, 2013 with the tickets selling for $5.00 each or $50.00 for 12. The prizes are: A side of beef (valued at $600.00); a Weber grill (valued at $600.00); or an electronics package (valued at $575.00). Sponsor: SDCL 22-25-25 3. A communication was received from Family Connection requesting permission to consume, but not sell, wine and beer at The History Club, 758 S. Phillips Avenue, on June 27, 2013, 6:30 p.m. to 8:00 p.m. for hosting a "Family and Friends" event. Sponsor: SDCL 35-1-5.3 4. A communication was received from Mark and Lisa Johnson requesting permission to consume, but not sell, beer and wine at the Old Courthouse Museum, 200 W. 6th Street, on September 5, 2013, from 6:00 p.m. to 9:00 p.m. for a wedding rehearsal dinner. Sponsor: SDCL 35-1-5.3 5. Report of Requests for Quotes for Fuel dated: April 9, 2013; Diesel (#1 and #2 blend); 1,300 gallons; Howes Oil (44,467.13); Midway Service (44,499.96); Palisades Oil, No bid. Bid awarded to: Howes Oil Sponsor: Mayor/Fire Rescue 6. Report of Requests for Quotes for Fuel dated: April 9, 2013; Unleaded; 400 gallons; Howes Oil ($1,242.00); Midway Service ($1,256.20); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Fire Rescue 7. Report of Request for Quotes for Fuel: April 9, 2013; 50/50 Dyed Diesel; 1,400 gallons; Midway Service ($3.355); Howes Oil ($3.569); and Midwest Oil ($3.529). Bid awarded to: Midway Service. Sponsor: Mayor/Public Works APPLICATIONS The following abatements were 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: 8. Mt. Pleasant Cemetery, 2001 E. 12th Street, for 2012 property taxes in the amount of $431.18. This property is exempt from the tax. Sponsor: SDCL 10-18-1 Items 9-10: The amount requested is the difference between the elderly freeze and the non-elderly freeze: 9. Joanne C. Kaskie, 2504 S. Western Avenue, for 2012 property taxes in the amount of $499.74. Elderly Freeze. Sponsor: SDCL 10-18-1 10. Mardell L. Ferguson, 1811 E. 14th Street, for 2012 property taxes in the amount of $829.27. Elderly Freeze. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, May 7, 2013, at 7:00 p.m. for Items 11 through 17: 11. New 2013 Retail Wine License for Empire Casino Inc., Empire Casino, to be operated at 3908 West 41st Street (CUP not required; addition to existing license which predates the ordinance). Sponsor: Mayor/City Attorney 12. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop #118 to be operated at 4600 West 41st Street. Sponsor: Mayor/City Attorney 13. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop #120 to be operated at 3312 South Western Avenue. Sponsor: Mayor/City Attorney 14. New 2012-13 Retail Malt Beverage License for Addabella Restaurants LLC, Kaladi’s Coffee Legend & Bistro to be operated at 1716 South Minnesota Avenue with the Conditional Use Permit (2013-03-18) being approved on April 3, 2013. Sponsor: Mayor/City Attorney 15. New 2013 Retail Wine License for Addabella Restaurants LLC, Kaladi’s Coffee Legend & Bistro to be operated at 1716 South Minnesota Avenue with the Conditional Use Permit (2013-03-18) being approved on April 3, 2013. Sponsor: Mayor/City Attorney 16. New 2012-13 Retail Malt Beverage License for PPC Sioux Falls, Noodles & Company to be operated at 5005 South Louise Avenue (CUP not required; full service restaurant). Sponsor: Mayor/City Attorney 17. New 2013 Retail Wine License for PPC Sioux Falls, Noodles & Company to be operated at 5005 South Louise Avenue (CUP not required; full service restaurant). Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Almost Home Canine Rescue to be operated at the 8th and Railroad Parking Lot, 401 East 8th Street, for the 605 Summer Classic to be held on June 21-22, 2013. Sponsor: Mayor/City Attorney 19. Special One-Day Liquor License for South Dakota National Guard Enlisted Association to be operated at Farmer’s Market at Falls Park, 309 East Falls Park Drive, for the 2013 Enlisted Association of the National Guard of the United States 42nd Annual Conference welcome event on August 18, 2013. Sponsor: Mayor/City Attorney 20. Special One-Day Liquor License for South Dakota National Guard Enlisted Association to be operated at J & L Harley Davidson, 2601 West 60th Street North, for the 2013 Enlisted Association of the National Guard of the United States 42nd Annual Conference Awards and Recognition Banquet on August 21, 2013. Sponsor: Mayor/City Attorney 21. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at the following locations: 8th & Railroad Center lobby, 401 East 8th Street, Amanda’s Imagery/Julie Prairie Photography, 311 South Phillips Avenue #201, Artisan House, 229 South Phillips Avenue, Bead Co., 319 South Phillips Avenue, Book Shop, 223 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Cookie Jar, 230 South Phillips Avenue, Exposure Sioux Falls, 333 South Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Lillian’s Shoppe, 311 South Phillips Avenue #101, NV Salon Studio, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street #112/114, Say Anything Jewelry, 524 North Main Avenue #104, Sticks and Steel, 401 East 8th Street #118, Young & Richards, 236 South Main Avenue, Zanbroz, 209 South Phillips Avenue, for First Friday on May 3, 2013. Sponsor: Mayor/City Attorney 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Parking Lot, 401 East 8th Street, for Downtown Block Parties on the East Bank on June 7, July 5, and August 2, 2013. Sponsor: Mayor/City Attorney 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls, Inc., to be operated on Phillips Avenue from 9th to 14th Streets; Main Avenue from 10th to 13th Streets, 13th Street from Main to 1st Avenue, 12th Street from Main to Phillips Avenues, 11th Street from Dakota to Mall Avenues, 10th Street from Main to Mall Avenues, Parking Ramp by Main & 12th, Surface lot behind Diner, and Plaza by 12th & Phillips for Hot Summer Nites on July 17, 2013. Sponsor: Mayor/City Attorney 24. Special One-day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for weddings on May 4 and September 14, 2013. Sponsor: Mayor/City Attorney 25. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for weddings on May 25 and September 21, 2013. Sponsor: Mayor/City Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTERS 50 AND 52 OF THE CODE OF ORDINANCES OF THE CITY REGARDING REGULATION OF NONESSENTIAL USES OF WATER. Sponsor: Mayor/Public Works Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Sponsor: Mayor/Human Resources Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 41ST ST. AND S. FAITH AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE RD-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-03-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 69TH ST. AND FUTURE S. BAHNSON AVE. FROM THE RS-2, RESIDENTIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2013-03-01, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1521 E. 5TH ST. AND 511 N. HIGHLAND AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL DISTRICT, PETITION NO. 2013-03-12, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 600 S. MAIN AVE. FROM THE C-2, GENERAL COMMERCIAL, AND RA-1, RESIDENTIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO. 2013-03-14, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services HEARINGS AND RESOLUTIONS 32. DEFERRED (from the City Council Meeting of Tuesday, April 9, 2013): A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ. Sponsor: Mayor/Parks and Recreation 33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF REJOICE LUTHERAN CHURCH ADDITION. Sponsor: Mayor/Planning and Building Services 34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2013-03-06—W. 41ST ST. BETWEEN S. KLEIN AVE. AND S. ELLIS RD. Sponsor: Mayor/Planning and Building Services 35. 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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