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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 3, 2013

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, September 3, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Rex Rolfing Council Member Kermit L. Staggers Mayor Mike T. Huether INVOCATION  Pastor Wayne Doiron, The Ransom Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Suicide Prevention Week in Sioux Falls, September 8-14, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. J:\MEETINGS\090313 CM\090313 CM.docx 1 11/27/18 MINUTES  Budget Hearing Meeting of Tuesday, August 20, 2013, at 4:00 p.m.  City Council Meeting of Tuesday, August 20, 2013, at 7:00 p.m.  Informational Meeting of Tuesday, August 27, 2013, at 4:00 p.m.  Joint City Council/Minnehaha County Commission Meeting of Tuesday, August 27, 2013, at 5:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on August 29, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on August 29, 2013 memo. Sponsor: Mayor/Finance 3. A communication was received from Avera Health requesting permission to consume, but not sell, wine and malt beverage at the Avera McKennan Prairie Center at 1000 East 23rd Street, on Wednesday, September 18, 2013, from 4:30 p.m. to 9:30 p.m. for the purpose of a reception hosting the South Dakota Biotech Association pre-conference gathering. Sponsor: SDCL 35-1-5.3 4. Report of Requests for Quotes for Fuel dated: August 15, 2013; #2 Dyed Diesel Fuel; 4,000 gallons; Harms Oil ($3.1895); CHS, Inc. ($3.2070); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 5. Report of Requests for Quotes for Fuel dated: August 15, 2013; Unleaded Ethanol; 4,000 gallons; Harms Oil ($3.1085); CHS, Inc. ($3.1100); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 6. Report of Requests for Quotes for Fuel dated: August 22, 2013; Unleaded Ethanol; 8,500 gallons; Howes Oil ($3.1075); CHS, Inc. ($3.1110); Harms Oil ($3.1197); Olson Oil, no bid. Bid awarded to: Howes Oil Sponsor: Mayor/Public Works 7. Report of Requests for Quotes for Fuel dated: August 22, 2013; #2 Clear Diesel; 7,500 gallons; CHS, Inc ($3.4700); Howes Oil, Harms Oil and Midwest Oil, all no bid. Bid awarded to: CHS, Inc. Sponsor: Mayor/Planning and Building Services J:\MEETINGS\090313 CM\090313 CM.docx 2 11/27/18 APPLICATIONS 8. Special One-Day Liquor License requests for Ovations Food Services LP, to be operated at the Sioux Falls Orpheum Theater, 315 North Phillips Avenue, for wedding receptions on September 7 and 20, 2013. Sponsor: Mayor/City Attorney 9. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies Sports Bar & Grill to be operated at Falls Park West, Falls Park Drive for a free Soulcrate concert on September 14, 2013. Sponsor: Mayor/City Attorney 10. 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 Howalt-McDowell company party on September 24, 2013. Sponsor: Mayor/City Attorney The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 11. Melvin W. Zimmer, 5612 W. 16th Street, for 2012 taxes in the amount of $1,504.77. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 10, 2013 at 7:00 p.m. for Item 12: 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s, to be operated at Sioux Falls Surgical Specialty Hospital, 910 East 20th Street for an employee social on September 16, 2013, and authorize publication of notice on 08-30-13 to set the hearing date. Sponsor: Mayor/City Attorney Set a date of hearing for Tuesday, September 17, 2013 at 7:00 p.m. for Items 13 and 14: 13. Special One-Day Liquor License request for the Avera Health to be operated at the Avera Prairie Center, 1000 East 23rd Street for a National Institutes of Health social event on October 29, 2013. Sponsor: Mayor/City Attorney 14. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies Sports Bar & Grill to be operated at MidAmerica Motoplex, 4915 Northview J:\MEETINGS\090313 CM\090313 CM.docx 3 11/27/18 Avenue for a special event on September 28, 2013. 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 Sue Aguilar to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. PUBLIC INPUT There was none. PETITIONS 15. CONDITIONAL USE PERMIT APPEAL (2013-07-05): SOUTHEAST CORNER OF W. RUSSELL STREET AND N. KIWANIS AVENUE, TRACT 1A, VENERT'S ADDITION. THE CONDITIONAL USE PERMIT WAS TO APPROVE CONSTRUCTION OF AN ADDITION TO AN EXISTING FOOD N FUEL BUILDING TO BE USED AS AN ON-SALE ALCOHOL ESTABLISHMENT. (Approved at the August 7, 2013, Planning Commission Meeting with a vote of 3-Yes, 2-No). Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to approve said Conditional Use Permit Appeal. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Rex Rolfing, Kermit L. Staggers, 3. Noes, Sue Aguilar, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 5. Motion Failed. UNFINISHED BUSINESS 16. New 2013-14 Package Malt Beverage License for Main and Main LLC, Springhill Suites, to be operated at 4304 West Empire Place, effective October 15, 2013, with the Special Use Permit (2008-03-06) being approved on April 2, 2008. Sponsor: Mayor/City Attorney 17. New 2013-14 Package Malt Beverage License for Thrifty Smoke Shop, Inc., J:\MEETINGS\090313 CM\090313 CM.docx 4 11/27/18 Smokin’ Deals to be operated at 1604 East Tenth Street (CUP not required). Sponsor: Mayor/City Attorney 18. New 2013 Retail Liquor License, including Sunday Sales, for B.O.B., LLC, Beef O’Brady’s, 4021 North Bobhalla Drive (full service restaurant; CUP not required). Pending final inspections per Health, Fire and Building Services. Sponsor: Mayor/City Attorney 19. New 2013 Retail Liquor License, including Sunday Sales and video lottery terminals, for The Brady Bunch, Inc., Beef O’Brady’s, 2210 West 69th Street, Suite number to be determined (full service restaurant; CUP not required). Pending final inspections per Health, Fire and Building Services. Sponsor: Mayor/City Attorney 20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for House of Kings, Casa Del Rey, to be operated at Avera Prairie Center, 1000 East 23rd Street for a Professional Chefs of the Black Hills fundraiser event on September 21, 2013. Sponsor: Mayor/City Attorney 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for KAK Inc., K, to be operated at 8th & Railroad parking Lot, 401 East 8th Street, for a Downtown Block Party on the East Bank on September 6, 2013. Sponsor: Mayor/City Attorney A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to approve Items 16 through 21. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2811 AND 2901 W. MADISON ST. FROM THE RD, RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-07-10 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 Sue Aguilar to adopt said Ordinance No. 53-13. J:\MEETINGS\090313 CM\090313 CM.docx 5 11/27/18 Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 731 N. HARLEM AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-07-02 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 Rex Rolfing to adopt said Ordinance No. 54-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-07-13 TO CHAPTER 160.446, PLANNED DEVELOPMENT DISTRICTS, AT SW CORNER OF W. 86TH PL. AND S LOUISE AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA S REGULATIONS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 55-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-07-15 TO CHAPTER 160.446, PLANNED DEVELOPMENT DISTRICTS, NORTH OF E. ARROWHEAD PARKWAY AND EAST OF S. SIX MILE ROAD ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE New SUBAREA G REGULATIONS AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services J:\MEETINGS\090313 CM\090313 CM.docx 6 11/27/18 A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Ordinance 56-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion None. Set a date of hearing and 2nd Reading for Tuesday, September 17, 2013, at 7:00 p.m. for Item 26: 26. (DEFERRED FROM 08/20/13 MEETING): 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-07-16 TO CHAPTER 160.446, PLANNED DEVELOPMENT DISTRICTS, AT THE NW CORNER OF W. 77TH ST. AND S. CLIFF AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA D BOUNDARIES 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, September 17, 2013, at 7:00 p.m. for Item 26. A motion was made by Council Member James Entenman and seconded by Council Member Sue Aguilar to amend the ordinance title by replacing "W. 77th Street" with "E. 73rd Street". Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 27. A RESOLUTION ADOPTING THE CITY COUNCIL TRAVEL POLICY. Sponsor: City Council A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Resolution No. 68-13. J:\MEETINGS\090313 CM\090313 CM.docx 7 11/27/18 A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Kenny Anderson Jr. to amend by inserting the words "American Dream Coalition" in the City Council Travel Policy on Page 4-9, in the third paragraph, after “Sioux Falls Area Chamber of Commerce” and before the word "or". Vote to amend: Roll Call: Yeses, Kermit L. Staggers, 1. Noes, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Motion Failed. A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Kenny Anderson Jr. to amend this item by deleting the words "non-political" on page 4-11 in the third sentence of the first paragraph. Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Sue Aguilar, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 6. Noes, Kenny Anderson Jr., Kermit L. Staggers, 2. Motion Passed. RESOLUTION NO. 68-13 A RESOLUTION ADOPTING THE CITY COUNCIL TRAVEL POLICY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “City Council Travel Policy” is hereby approved. Date adopted: 09/03/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 28. A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION AND VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET. Sponsor: Mayor/Finance A motion was made by Council Member Rex Rolfing and seconded by Council Member J:\MEETINGS\090313 CM\090313 CM.docx 8 11/27/18 James Entenman to adopt said Resolution No. 67-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8. Noes, 0. Motion Passed. RESOLUTION NO. 67-13 A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION AND VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET. WHEREAS, pursuant to Resolution 86-10, the City of Sioux Falls adopted a resolution of intent to establish the Sioux Falls Convention and Visitors Bureau Business Improvement District; and WHEREAS, in accordance with SDCL Chapter Ch. 9-55 of the South Dakota Codified Laws, the CVB Business Improvement District has imposed an occupational tax of two dollars ($2.00) per night per rented room for all lodging rooms within the CVB Business Improvement District to market and promote the visitor industry in the city of Sioux Falls and increase the room night sales of lodging facilities within the CVB Business Improvement District; WHEREAS, the CVB Business Improvement District Board of Directors has developed an annual budget, which is subject to City Council approval. NOW, THEREFORE, BE IT RESOLVED: That the budget dated October 1, 2013, through September 30, 2014, which is attached hereto and made a part of this Resolution, is hereby approved. Date adopted: 09/03/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk J:\MEETINGS\090313 CM\090313 CM.docx 9 11/27/18 SIOUX FALLS CONVENTION & VISITORS BUREAU Budget Summary - BID -- Oct 1, 2013 - Sept 30, 2014 BID 12 Month Budget Oct 1, 2013 - Sept 30, 2014 INCOME EXPENSE Net GENERAL CVB REVENUE BID Revenue $ 1,600,000 $ 1,600,000 TOTAL GENERAL REVENUE $ 1,600,000 $ - $ 1,600,000 ADMINISTRATION Continuing Industry Education $ 10,800 $ (10,800) Bid Allocation (approx 75% of admin) $ 737,107 $ (737,107) TOTAL ADMINISTRATIVE $ - $ 747,907 $ (747,907) PROGRAM & SERVICES: SALES DEVELOPMENT - ADVERTISING (Conventions, Meetings & Events) Digital Strategy $ 6,000 $ 172,780 $ (166,780) Misc Event Ads/Phone Book $ 3,198 $ (3,198) Newspaper $ 9,150 $ (9,150) Sports Publications $ 9,219 $ (9,219) Trade Publications $ 2,500 $ 107,770 $ (105,270) Misc New Opportunities $ 5,000 $ (5,000) Total Sales Development - Advertising $ 8,500 $ 307,117 $ (298,617) SALES DEVELOPMENT - PRINTING Miscellaneous $ 1,500 $ 3,000 $ (1,500) Total Sales Development - Printing $ 1,500 $ 3,000 $ (1,500) SALES DEVELOPMENT - MARKETING & PROMOTION Visitor Industry Socials $ 500 $ (500) Total Sales Development - Marketing & Promo $ 500 $ (500) SALES DEVELOPMENT - BIDDING ASA $ 5,000 $ (5,000) Bid Commitments: $ 72,500 $ (72,500) Health Professionals Network National Indian & Native American Employee & Training Confernece Small Market Meetings Bid Meetings/Leads $ 1,000 $ (1,000) Bid Requirements $ 25,000 $ (25,000) Meeting Planner Hostings/FAMS/Target Market Luncheons $ 11,000 $ (11,000) BID Opportunity Fund $ 50,000 $ (50,000) Total Sales Development - Bidding $ - $ 164,500 $ (164,500) SALES DEVELOPMENT - TRAVEL Bid Trips $ 7,500 $ (7,500) Professional Conferences $ 5,500 $ (5,500) Site Visits/Sales Blitzes/FAMS $ 39,558 $ (39,558) Trade/Travel Shows $ 72,700 $ (72,700) Misc $ 2,800 $ (2,800) Total Sales Development - Travel $ - $ 128,058 $ (128,058) TOTAL SALES DEVELOPMENT $ 10,000 $ 603,175 $ (593,175) TOURISM PROMOTION & ADVERTISING Travel Publications $ 3,500 $ 82,753 $ (79,253) New Opportunities $ 110,000 $ 225,000 $ (115,000) Reststop/FAM Tour Hostings $ 5,750 $ (5,750) SD Tourism Coops $ 13,885 $ (13,885) SSDTA Coops $ 3,280 $ (3,280) Visitor Guide Delivery/Storage $ 7,500 $ (7,500) Visitor Center $ 560 $ (560) Miscellaneous $ 4,690 $ (4,690) TOTAL TOURISM $ 113,500 $ 343,418 $ (229,918) HOST CITY PROGRAM Visitor Info Kiosks $ 29,000 $ (29,000) TOTAL HOST CITY $ - $ 29,000 $ (29,000) TOTAL PROGRAM & SERVICES $ 123,500 $ 975,593 $ (852,093) TOTAL BUDGET $ 1,723,500 $ 1,723,500 $ - S: Kathie: BID District-BID Budget 13-14 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) 29. REPORT OF THE AUGUST 27, 2013, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to adjourn the meeting at 8:10 p.m. Mayor Huether called for a voice vote. All members 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 REGULAR MEETING OF Tuesday, September 3, 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 Jason Mueller, The Ransom Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Suicide Prevention Week in Sioux Falls, September 8-14, 2013 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Budget Hearing Meeting of Tuesday, August 20, 2013, at 4:00 p.m. ● City Council Meeting of Tuesday, August 20, 2013, at 7:00 p.m. ● Informational Meeting of Tuesday, August 27, 2013, at 4:00 p.m. ● Joint City Council/Minnehaha County Commission Meeting of Tuesday, August 27, 2013, at 5:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on August 29, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on August 29, 2013 memo. Sponsor: Mayor/Finance 3. A communication was received from Avera Health requesting permission to consume, but not sell, wine and malt beverage at the Avera McKennan Prairie Center at 1000 East 23rd Street, on Wednesday, September 18, 2013, from 4:30 p.m. to 9:30 p.m. for the purpose of a reception hosting the South Dakota Biotech Association pre-conference gathering. Sponsor: SDCL 35-1-5.3 4. Report of Requests for Quotes for Fuel dated: August 15, 2013; #2 Dyed Diesel Fuel; 4,000 gallons; Harms Oil ($3.1895); CHS, Inc. ($3.2070); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 5. Report of Requests for Quotes for Fuel dated: August 15, 2013; Unleaded Ethanol; 4,000 gallons; Harms Oil ($3.1085); CHS, Inc. ($3.1100); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 6. Report of Requests for Quotes for Fuel dated: August 22, 2013; Unleaded Ethanol; 8,500 gallons; Howes Oil ($3.1075); CHS, Inc. ($3.1110); Harms Oil ($3.1197); Olson Oil, no bid. Bid awarded to: Howes Oil Sponsor: Mayor/Public Works 7. Report of Requests for Quotes for Fuel dated: August 22, 2013; #2 Clear Diesel; 7,500 gallons; CHS, Inc ($3.4700); Howes Oil, Harms Oil and Midwest Oil, all no bid. Bid awarded to: CHS, Inc. Sponsor: Mayor/Planning and Building Services APPLICATIONS 8. Special One-Day Liquor License requests for Ovations Food Services LP, to be operated at the Sioux Falls Orpheum Theater, 315 North Phillips Avenue, for wedding receptions on September 7 and 20, 2013. Sponsor: Mayor/City Attorney 9. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies Sports Bar & Grill to be operated at Falls Park West, Falls Park Drive for a free Soulcrate concert on September 14, 2013. Sponsor: Mayor/City Attorney 10. 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 Howalt-McDowell company party on September 24, 2013. Sponsor: Mayor/City Attorney The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 11. Melvin W. Zimmer, 5612 W. 16th Street, for 2012 taxes in the amount of $1,504.77. Sponsor: SDCL 10-18-1 NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 10, 2013 at 7:00 p.m. for Item 12: 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s, to be operated at Sioux Falls Surgical Specialty Hospital, 910 East 20th Street for an employee social on September 16, 2013, and authorize publication of notice on 08-30-13 to set the hearing date. Sponsor: Mayor/City Attorney Set a date of hearing for Tuesday, September 17, 2013 at 7:00 p.m. for Items 13 and 14: 13. Special One-Day Liquor License request for the Avera Health to be operated at the Avera Prairie Center, 1000 East 23rd Street for a National Institutes of Health social event on October 29, 2013. Sponsor: Mayor/City Attorney 14. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies Sports Bar & Grill to be operated at MidAmerica Motoplex, 4915 Northview Avenue for a special event on September 28, 2013. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT PETITIONS 15. CONDITIONAL USE PERMIT APPEAL (2013-07-05): SOUTHEAST CORNER OF W. RUSSELL STREET AND N. KIWANIS AVENUE, TRACT 1A, VENERT'S ADDITION. THE CONDITIONAL USE PERMIT WAS TO APPROVE CONSTRUCTION OF AN ADDITION TO AN EXISTING FOOD N FUEL BUILDING TO BE USED AS AN ON-SALE ALCOHOL ESTABLISHMENT. (Approved at the August 7, 2013, Planning Commission Meeting with a vote of 3-Yes, 2-No). Sponsor: Mayor/Planning and Building Services UNFINISHED BUSINESS 16. New 2013-14 Package Malt Beverage License for Main and Main LLC, Springhill Suites, to be operated at 4304 West Empire Place, effective October 15, 2013, with the Special Use Permit (2008-03-06) being approved on April 2, 2008. Sponsor: Mayor/City Attorney 17. New 2013-14 Package Malt Beverage License for Thrifty Smoke Shop, Inc., Smokin’ Deals to be operated at 1604 East Tenth Street (CUP not required). Sponsor: Mayor/City Attorney 18. New 2013 Retail Liquor License, including Sunday Sales, for B.O.B., LLC, Beef O’Brady’s, 4021 North Bobhalla Drive (full service restaurant; CUP not required). Pending final inspections per Health, Fire and Building Services. Sponsor: Mayor/City Attorney 19. New 2013 Retail Liquor License, including Sunday Sales and video lottery terminals, for The Brady Bunch, Inc., Beef O’Brady’s, 2210 West 69th Street, Suite number to be determined (full service restaurant; CUP not required). Pending final inspections per Health, Fire and Building Services. Sponsor: Mayor/City Attorney 20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for House of Kings, Casa Del Rey, to be operated at Avera Prairie Center, 1000 East 23rd Street for a Professional Chefs of the Black Hills fundraiser event on September 21, 2013. Sponsor: Mayor/City Attorney 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for KAK Inc., K, to be operated at 8th & Railroad parking Lot, 401 East 8th Street, for a Downtown Block Party on the East Bank on September 6, 2013. Sponsor: Mayor/City Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2811 AND 2901 W. MADISON ST. FROM THE RD, RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-07-10 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 731 N. HARLEM AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, PETITION NO. 2013-07-02 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-07-13 TO CHAPTER 160.446, PLANNED DEVELOPMENT DISTRICTS, AT SW CORNER OF W. 86TH PL. AND S LOUISE AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA S REGULATIONS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-07-15 TO CHAPTER 160.446, PLANNED DEVELOPMENT DISTRICTS, NORTH OF E. ARROWHEAD PARKWAY AND EAST OF S. SIX MILE ROAD ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE New SUBAREA G REGULATIONS 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, September 17, 2013, at 7:00 p.m. for Item 26: 26. (DEFERRED FROM 08/20/13 MEETING): 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2013-07-16 TO CHAPTER 160.446, PLANNED DEVELOPMENT DISTRICTS, AT THE NW CORNER OF W. 77TH ST. AND S. CLIFF AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA D BOUNDARIES 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 27. A RESOLUTION ADOPTING THE CITY COUNCIL TRAVEL POLICY. Sponsor: City Council 28. A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION AND VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET. 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) 29. REPORT OF THE AUGUST 27, 2013, NOTICE OF TRANSFER 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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