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City Council Meeting

Regular Meeting

Sioux Falls, SD · June 18, 2013

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, June 18, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Kenny Anderson Jr. Council Member Rex Rolfing Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Kermit L. Staggers Council Member Sue Aguilar Mayor Mike T. Huether INVOCATION  Monte Gannon, Campus Pastor, Celebrate Community Church’s Meadows Campus PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, June 11, 2013, at 4:00 p.m.  City Council Meeting of Tuesday, June 11, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on June 14, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on June 14, 2013 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: June 7, 2013; Unleaded Ethanol & E85; 7000 Gallons Unleaded/1000 Gallons E85 (8000 total); Harms Oil ($3.2624 Unleaded/$2.9731 E85); Howes Oil, CHS Inc., and Olson Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 4. Report of Request for Quotes for Fuel: June 10, 2013; #2 Dyed Diesel; 1000 Gallons; Midway Service ($3.190); Howes Oil ($3.169); Midwest Oil ($3.279). Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 5. A memorandum dated June 10, 2013 declaring surplus a capital item that will be traded in for another asset. Sponsor: Mayor/Finance 6. A memorandum dated June 11, 2013 declaring surplus capital items that will be sold by sealed bids. Sponsor: Mayor/Finance 7. A memorandum dated June 11, 2013 declaring surplus capital items that will be sold via online auction. Sponsor: Mayor/Finance 8. A communication was received from Lisa Cummings, Executive Director of the Paralyzed Veterans of America, North Central Chapter, stating their intent to conduct a raffle from July 18, 2013 to September 10, 2013 for a Henry Golden Boy Mag 22 valued at $550.00. Tickets will be sold at one for $10.00 or three for $20.00. The proceeds will go to help support the Annual PVA Trapshoot held in September 2013. Sponsor: SDCL 22-25-25 9. A communication was received from Vance Blankers and Ellen Pugleasa requesting permission to consume, but not sell, wine at The Old Courthouse Museum, 200 West Sixth Street, on July 20, 2013, from 5:00 p.m. to 11:00 p.m. for a wedding ceremony and reception. Sponsor: SDCL 35-1-5.3 APPLICATIONS 10. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for various special events on June 22, July 5, July 19, and July 27, 2013. Sponsor: Mayor/City Attorney 11. Special One-Day 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 Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a wedding on August 3, 2013. Sponsor: Mayor/City Attorney 12. Various Retail Malt Beverage License renewals for 2013-14 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit D. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, July 2, 2013 at 7:00 p.m. on Items 13 through 19: 13. Renewal of 2013-14 Package Malt Beverage License for OFS Benson Road, LLC, Pump N Pak to be operated at 3700 Potsdam Avenue, Suite 100. Sponsor: Mayor/City Attorney 14. New 2013-14 Retail Malt Beverage License for Commonwealth Gaming & Holding, Deuces V, to be operated at 4205 South Racket Drive, including video lottery terminals, with the Conditional Use Permit (2013-05-06) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 15. New 2013 Retail Wine License for Commonwealth Gaming & Holding, Deuces V, to be operated at 4205 South Racket Drive, including video lottery terminals, with the Conditional Use Permit (2013-05-06) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 16. New 2013-14 Retail Malt Beverage License for Crystal Investment Corp, Black Diamond Casino II, to be operated at 5113 West 41st Street, including video lottery terminals, with the Conditional Use Permit (2013-05-07) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 17. New 2013 Retail Wine License for Crystal Investment Corp, Black Diamond Casino II, to be operated at 5113 West 41st Street, including video lottery terminals, with the Conditional Use Permit (2013-05-07) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 18. New 2013-14 Retail Malt Beverage License for Mikrho Management, Falls Overlook Café to be operated at 825 North Weber Avenue. Sponsor: Mayor/City Attorney 19. New 2013 Retail Wine License for Mikrho Management, Falls Overlook Café to be operated at 825 North Weber Avenue. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. PUBLIC INPUT Emmett Reistroffer spoke on the Cliff Avenue Beautification Project and the negative impact that the proposed Wal-Mart will have on our community. Tim Stanga addressed his concerns regarding budgeting an indoor swimming pool and asked who would be using the facility. Scott Ehrisman said that the first speaker, Emmett Reistroffer, could not pull up his website as blogs are blocked at the Carnegie Town Hall and he thought this had been resolved. He also spoke on representational government as it relates to the proposed Wal-Mart. UNFINISHED BUSINESS 20. Deferred Action (from the City Council Meetings of June 4 and June 18, 2013). Transfer of 2013 Package Liquor License from Lambo’s Inc., Lambo’s to Everest Gas and Convenience, LLC, Everest Gas and Convenience, LLC, to be operated at 3501 West 49th Street (CUP not required). Sponsor: Mayor/City Attorney A motion was made by Council Member Greg Jamison and seconded by Council Member Sue Aguilar to defer action on Item 20 to Tuesday, July 2, 2013 at 7:00 p.m. Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 21. New 2013 Retail Wine License for Jerry Vanloh, Jacky’s Restaurant & Bakery to be operated at 702 East 8th Street with the Conditional Use Permit (2006-02-02) being approved on April 13, 2006. Sponsor: Mayor/City Attorney 22. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery, Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery License renewals for 2013-14 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. Sponsor: Mayor/City Attorney A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to approve Items 21 and 22. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING THE BOARD OF HEALTH. Sponsor: Mayor/Health A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 34-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CERTAIN PROVISIONS OF CHAPTERS 50, 51, AND 53 RELATING TO WASTEWATER REGIONALIZATION. Sponsor: Mayor/Public Works A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance No. 35-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE SALE OF REAL ESTATE BELONGING TO THE CITY OF SIOUX FALLS AND DIRECTING A WARRANTY DEED OF CONVEYANCE BE DELIVERED TO THE PURCHASER THEREOF. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Ordinance No. 36-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Street -$7,288,000.00; Parks and Recreation -$613,000.00; Fire - $80,000.00; Engineering - $48,000.00; Police - $9,000.00) Sponsor: Mayor/Finance A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Ordinance No. 37-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1-229 AND E. BENSON RD. FROM THE AG, AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-04-06 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 27. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 28: 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 69TH ST. AND S. BAHNSON AVE. FROM THE S, INSTITUTIONAL, RA-1, RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT TO THE RS-2, RESIDENTIAL, RD, RESIDENTIAL, RA-1, RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-11 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 28. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 69TH ST. AND S. BAHNSON AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE RS-2, RESIDENTIAL, RD, RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-12 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 James Entenman to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 29. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 409 S. WILLIAMS AVE. FROM THE RA-1, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2013-05-15 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 James Entenman and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 30. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT W. TEEM DR. AND N. TERIN CIR. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-05-33 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 Dean Karsky and seconded by Council Member James Entenman to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 31. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE NW CORNER OF THE INTERSECTION AT W. 85TH ST. AND S. AUDIE AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2013- 05-34 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 James Entenman and seconded by Council Member Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 32. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SW CORNER OF E. 85TH ST. AND S. MINNESOTA AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE C-4, PLANNED COMMERCIAL, O, OFFICE, AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-36 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 Dean Karsky and seconded by Council Member James Entenman to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 33. A motion to amend was made by Council Member Kermit L. Staggers and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, July 16, 2013 at 7:00 p.m. on Item 33. Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Greg Jamison, Kermit L. Staggers, Sue Aguilar, 5. Noes, Michelle Erpenbach, Dean Karsky. 2. Motion Passed. A motion to amend was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday, August 6, 2013 at 7:00 p.m. on Item 33. Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky Kermit L. Staggers, Sue Aguilar, 7. Noes,. 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. 34. 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-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-05-09 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 Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item 34. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 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 James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution No. 45-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. RESOLUTION NO. 45-13 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 Allison Dvorak Building Board of Appeals Appointed for a term from June 2013 to June 2016 (to replace Daryl Christensen). Darrell Bren Electrical Board of Appeals Reappointed for a term from June 2013 and Examiners to June 2016. Mike Fischer Electrical Board of Appeals Reappointed for a term from June 2013 and Examiners to June 2016. Shannon Globke Electrical Board of Appeals Reappointed for a term from June 2013 and Examiners to June 2016. Mark Schmidtbauer Mechanical Board of Appeals Appointed for a term from June 2013 and Examiners to June 2016 (to replace Jack Zimmel). Ryan VanDerBill Mechanical Board of Appeals Reappointed for a term from June 2013 and Examiners to June 2015. Mark Weber Mechanical Board of Appeals Reappointed for a term from June 2013 and Examiners to June 2015. Sean Ervin Planning Commission Appointed for a term from June 2013 to June 2018 (to replace Meredith Larson). Larry Luetke Planning Commission Appointed for a term from June 2013 to June 2018 (to replace Darla Erb). Travis Hartland Plumbing Board of Appeals Appointed for a term from June 2013 and Examiners to June 2016 (to replace Myron Adam). Paul Rensch Plumbing Board of Appeals Appointed for a term from June 2013 and Examiners to June 2016 (to replace Mark Engebretson). Paul Flogstad Property Maintenance Board Reappointed for a term from June 2013 of Appeals to June 2016. Wayne Kerslake Property Maintenance Board Reappointed for a term from June 2013 of Appeals to June 2016. Minnie Bell Public Transit Advisory Board Appointed for a term from June 2013 to June 2016 (to replace James Madsen). Phillip Jacobson Public Transit Advisory Board Appointed for a term from June 2013 to June 2016 (to replace Julie Johnson- Dresbach). Greg Johnson Public Transit Advisory Board Reappointed for a term from June 2013 to June 2016. Ross Wheeler Regional Emergency Medical Appointed for a term from June 2013 Services Authority (REMSA) to June 2015 (to replace Phyllis Heineman). Aaron Norman Zoning Board of Adjustment Appointed for a term from June 2013 to June 2016 (to replace John Kolander). Date adopted: 06/18/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 36. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. Sponsor: City Council A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 46-13. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Motion Passed. RESOLUTION NO. 46-13 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Pursuant to SDCL 9-12-6, the official newspaper for the City of Sioux Falls, SD, shall be the Argus Leader, for a period from July 3, 2013, through July 1, 2014. This Resolution is effective upon the date of publication. Date adopted: 06/18/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member James Entenman to adjourn the meeting at 8:43 p.m. . Mayor Mike Huether called for a voice vote. All members present voted yes. Motion Passed. 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, June 18, 2013 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT 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 Council Member Sue Aguilar Mayor Mike T. Huether INVOCATION ● Monte Gannon, Campus Pastor, Celebrate Community Church’s Meadows Campus PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, June 11, 2013, at 4:00 p.m. ● City Council Meeting of Tuesday, June 11, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on June 14, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on June 14, 2013 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel: June 7, 2013; Unleaded Ethanol & E85; 7000 Gallons Unleaded/1000 Gallons E85 (8000 total); Harms Oil ($3.2624 Unleaded/$2.9731 E85); Howes Oil, CHS Inc., and Olson Oil, no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 4. Report of Request for Quotes for Fuel: June 10, 2013; #2 Dyed Diesel; 1000 Gallons; Midway Service ($3.190); Howes Oil ($3.169); Midwest Oil ($3.279). Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 5. A memorandum dated June 10, 2013 declaring surplus a capital item that will be traded in for another asset. Sponsor: Mayor/Finance 6. A memorandum dated June 11, 2013 declaring surplus capital items that will be sold by sealed bids. Sponsor: Mayor/Finance 7. A memorandum dated June 11, 2013 declaring surplus capital items that will be sold via online auction. Sponsor: Mayor/Finance 8. A communication was received from Lisa Cummings, Executive Director of the Paralyzed Veterans of America, North Central Chapter, stating their intent to conduct a raffle from July 18, 2013 to September 10, 2013 for a Henry Golden Boy Mag 22 valued at $550.00. Tickets will be sold at one for $10.00 or three for $20.00. The proceeds will go to help support the Annual PVA Trapshoot held in September 2013. Sponsor: SDCL 22-25-25 9. A communication was received from Vance Blankers and Ellen Pugleasa requesting permission to consume, but not sell, wine at The Old Courthouse Museum, 200 West Sixth Street, on July 20, 2013, from 5:00 p.m. to 11:00 p.m. for a wedding ceremony and reception. Sponsor: SDCL 35-1-5.3 APPLICATIONS 10. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for various special events on June 22, July 5, July 19, and July 27, 2013. Sponsor: Mayor/City Attorney 11. Special One-Day 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 Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a wedding on August 3, 2013. Sponsor: Mayor/City Attorney 12. Various Retail Malt Beverage License renewals for 2013-14 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit D. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, July 2, 2013 at 7:00 p.m. on Items 13 through 19: 13. Renewal of 2013-14 Package Malt Beverage License for OFS Benson Road, LLC, Pump N Pak to be operated at 3700 Potsdam Avenue, Suite 100. Sponsor: Mayor/City Attorney 14. New 2013-14 Retail Malt Beverage License for Commonwealth Gaming & Holding, Deuces V, to be operated at 4205 South Racket Drive, including video lottery terminals, with the Conditional Use Permit (2013-05-06) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 15. New 2013 Retail Wine License for Commonwealth Gaming & Holding, Deuces V, to be operated at 4205 South Racket Drive, including video lottery terminals, with the Conditional Use Permit (2013-05-06) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 16. New 2013-14 Retail Malt Beverage License for Crystal Investment Corp, Black Diamond Casino II, to be operated at 5113 West 41st Street, including video lottery terminals, with the Conditional Use Permit (2013-05-07) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 17. New 2013 Retail Wine License for Crystal Investment Corp, Black Diamond Casino II, to be operated at 5113 West 41st Street, including video lottery terminals, with the Conditional Use Permit (2013-05-07) being approved on June 5, 2013. Sponsor: Mayor/City Attorney 18. New 2013-14 Retail Malt Beverage License for Mikrho Management, Falls Overlook Café to be operated at 825 North Weber Avenue. Sponsor: Mayor/City Attorney 19. New 2013 Retail Wine License for Mikrho Management, Falls Overlook Café to be operated at 825 North Weber Avenue. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 20. Deferred Action (from the City Council Meeting of June 4, 2013): Transfer of 2013 Package Liquor License from Lambo’s Inc., Lambo’s to Everest Gas and Convenience, LLC, Everest Gas and Convenience, LLC, to be operated at 3501 West 49th Street (CUP not required). Sponsor: Mayor/City Attorney 21. New 2013 Retail Wine License for Jerry Vanloh, Jacky’s Restaurant & Bakery to be operated at 702 East 8th Street with the Conditional Use Permit (2006-02-02) being approved on April 13, 2006. Sponsor: Mayor/City Attorney 22. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery, Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery License renewals for 2013-14 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. Sponsor: Mayor/City Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING THE BOARD OF HEALTH. Sponsor: Mayor/Health 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CERTAIN PROVISIONS OF CHAPTERS 50, 51, AND 53 RELATING TO WASTEWATER REGIONALIZATION. Sponsor: Mayor/Public Works 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE SALE OF REAL ESTATE BELONGING TO THE CITY OF SIOUX FALLS AND DIRECTING A WARRANTY DEED OF CONVEYANCE BE DELIVERED TO THE PURCHASER THEREOF. Sponsor: Mayor/Public Works 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Street -$7,288,000.00; Parks and Recreation -$613,000.00; Fire - $80,000.00; Engineering - $48,000.00; Police - $9,000.00) Sponsor: Mayor/Finance Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013, at 7:00 p.m. for Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1-229 AND E. BENSON RD. FROM THE AG, AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-04-06 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, July 2, 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. 69TH ST. AND S. BAHNSON AVE. FROM THE S, INSTITUTIONAL, RA-1, RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT TO THE RS-2, RESIDENTIAL, RD, RESIDENTIAL, RA-1, RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-11 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, July 2, 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 S. BAHNSON AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE RS-2, RESIDENTIAL, RD, RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-12 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, July 2, 2013, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 409 S. WILLIAMS AVE. FROM THE RA-1, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2013-05-15 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, July 2, 2013, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT W. TEEM DR. AND N. TERIN CIR. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-05-33 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, July 2, 2013, at 7:00 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE NW CORNER OF THE INTERSECTION AT W. 85TH ST. AND S. AUDIE AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-05- 34 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, July 2, 2013, at 7:00 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SW CORNER OF E. 85TH ST. AND S. MINNESOTA AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE C-4, PLANNED COMMERCIAL, O, OFFICE, AND RC, RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-36 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, July 2, 2013, at 7:00 p.m. for Item 34: 34. 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-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-05-09 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 35. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 36. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. Sponsor: City Council 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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