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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 18, 2014

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, March 18, 2014, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Sue Aguilar Council Member Kermit L. Staggers 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 Mayor Mike T. Huether INVOCATION  Care Pastor Carman VanSchaick, Celebrate Community Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Intellectual and Developmental Disabilities And Traumatic Brain Injury Awareness Month 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, 7. Noes, 0. Motion Passed. MINUTES  City Council Informational Meeting on Tuesday, March 11, 2014 at 4:00 p.m.  City Council Meeting of Tuesday, March 11, 2014, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the March 13, 2014 memo. 2. Notice of change orders on the March 13, 2014 memo. 3. Report of Requests for Quotes for Fuel dated: February 27, 2014; #1 & #2 Dyed Diesel Fuel (3,750 gallons each); 7,500 gallons total; Harms Oil ($3.6225 for #1 & $3.2135 for #2); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: February 28, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($3.0200); CHS, Inc. ($3.0520); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: March 5, 2014; #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($3.4891); Harms Oil, Howes Oil and Midwest Oil, all no bid. Bid awarded to: CHS, Inc. 6. Report of Requests for Quotes for Fuel dated: March 10, 2014; Unleaded Ethanol & E85; 6,500 Gallons Unleaded/2,000 Gallons E85; Harms Oil ($3.1580 Unleaded/$2.1205 E85); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: March 11, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($3.1260); CHS, Inc. ($3.1440); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. 8. A communication was received from Avera McKennan Hospital and University Health Center requesting permission to consume, but not sell, wine and malt beverage at the Avera Prairie Center, 1000 E. 23rd St., on Thursday, May 15, 2014 from 5:00 p.m. until 7:00 p.m. for a Sioux Falls Area Chamber of Commerce Young Professional Network reception. 9. A communication was received from Bridget De Yager and Elisha Page requesting permission to consume, but not sell, wine and malt beverage at the Sioux Falls Design Center, 108 W. 11th St., on Saturday, June 21, 2014 from 12:00 p.m. until 8:00 p.m. for a wedding and reception. 10. A communication was received from Stephanie Edwards requesting permission to consume, but not sell, liquor, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, June 21, 2014 from 5:00 p.m. until 12:00 a.m. for a wedding reception. 11. A communication was received from Tatyana Revord and Jarod Weber requesting permission to consume, but not sell, liquor, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, August 16, 2014 from 5:00 p.m. until 11:30 p.m. for a wedding reception. 12. A communication was received from Brienne Maner requesting permission to consume, but not sell, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, September 27, 2014 from 7:00 p.m. until 10:00 p.m. for a wedding reception. 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: The amount requested is the difference between the owner-occupied and the non-owner- occupied tax. 13. Helen Haugen, 1321 N. Spring Ave., for 2013 taxes in the amount of $761.17. NOTICE OF HEARINGS Set a date of hearing for Tuesday, April 1, 2014, at 7:00 p.m., for Items 14 through 18: 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Poet, 4615 North Lewis Avenue for a Poet mixer on April 10, 2014. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Sioux Falls Specialty Hospital, 910 East 20th Street, for a social on April 28, 2014. 16. Special One-Day Wine License for Good Shepherd Ministry Center, Inc., to be operated at The Prairie Center, 1000 East 23rd Street for a fundraiser on May 8, 2014. 17. Special One-Day Liquor License for Boys & Girls Clubs of the Sioux Empire to be operated at Josiah’s Coffeehouse & Café, 101 South Reid Street for a fundraiser on June 10, 2014. 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Area Humane Society to be operated at Landscape Garden Center, 7201 South Minnesota Avenue for a fundraiser on June 21, 2014. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky 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, 7. Noes, 0. Motion Passed. PUBLIC INPUT Jeff Gould spoke about compensation, regarding where the City gets advice and how it is paid for. Bruce Danielson, chairman of Citizens for Integrity, spoke about the Charter Revision Commission ballot questions. Greg Neitzert, member of the Board of Adjustment, spoke in support of the Shape Places ordinance. Scott Ehrisman spoke in support of Charter Amendment C, regarding the appointment and removal of the City Attorney. PETITIONS 19. CONDITIONAL USE PERMIT APPEAL (2014-02-10): C-2 GENERAL COMMERCIAL DISTRICT FOR A TEMPORARY OR EMERGENCY SHELTER LOCATED AT 101 N. INDIANA AVE. THE CONDITIONAL USE PERMIT WAS TO APPROVE A REQUEST TO OPEN A HOMELESS SHELTER. (Approved at the March 5, 2014, Planning Commission Meeting with a vote of 7-Yes, 0-No.) A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to approve the Conditional Use Permit. A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to amend the main motion to require a security plan and other details to be presented, at the same time, at an open neighborhood meeting. Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. A motion was made by Council Member James Entenman and seconded by Council Member Sue Aguilar to amend the main motion by requiring an annual report. Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, 2. Noes, Sue Aguilar, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 5. Motion Failed. Vote to approve, as amended: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. UNFINISHED BUSINESS 20. New 2014 Package Liquor License for D & J Station Inc., The Gas Stop, to be operated at 2200 East 10th Street. 21. New 2013-14 Retail Malt Beverage License, including video lottery terminals, for Stanton Inc., business name to be determined, to be operated at 1213 North Cliff Avenue. 22. New 2013-14 Retail Malt Beverage License for Kathy Elenkiwich, Backyard Grill, to be operated at 3705 South Western Avenue (CUP not required; full service restaurant). 23. New 2013-14 Retail Malt Beverage License for The Trifecta Inc., Coffea Roasterie, to be operated at 200 South Phillips Avenue, with Conditional Use Permit (2014-01-19) being approved on February 5, 2014. 24. New 2014 Retail Wine License for The Trifecta Inc., Coffea Roasterie, to be operated at 200 South Phillips Avenue, with Conditional Use Permit (2014-01- 19) being approved on February 5, 2014. 25. New 2014 Retail Wine License for Amavo LLC, Amavo Boutique, to be operated at 4807 South Louise Avenue, with the Special Use Permit (2014-01-03) being approved on February 5, 2014. 26. Transfer of 2013-14 Retail Malt Beverage License, including video lottery terminals, for JPTS Inc., Mint Casino, 3601 East 10th Street to JPTS Inc., Mint Casino to be operated at 3611 East 10th Street with Conditional Use Permit (2013- 06-03) being approved on July 3, 2013, effective April 1, 2014. Pending final inspections per Building Services. 27. Transfer of 2014 Package Liquor License for East Dakotah Natural Foods Co-op, The Co-op Natural Foods, 2504 South Duluth Avenue to East Dakotah Natural Foods Co-op, The Co-op Natural Foods to be operated at 410 West 18th Street. Pending final inspections per Building Services. 28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club of Sioux Falls, to be operated at The History Club of Sioux Falls, 758 South Phillips Avenue for a special event on March 29, 2014. 29. Special One-Day Malt Beverage License for Avera McKennan Hospital to be operated at the Avera McKennan Fitness Center, 3400 South Southeastern Avenue, for a Fun Run, on April 1, 2014. 30. 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 April 5, May 24, and May 31, 2014. A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to approve Items 20 - 25 and 27 - 30 with one vote. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to approve Item 26. A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to amend the main motion by adding "effective upon completion of construction". Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, April 1, 2014, at 7:00 p.m., for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS, APPENDIX A: CERTIFICATES FOR PRELIMINARY PLANS AND APPENDIX B: CERTIFICATES FOR PLATS AND REPLATS. (The Planning Commission recommends approval.) 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, April 1, 2014. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 32. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to adopt said Resolution 23-14. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 23-14 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 James Garrett Sioux Falls Convention and Appointed for a term from Visitors Bureau Business March 2014 to March 2017 (to Improvement District (the BID) replace Karen Masterson). Jolene Sioux Falls Convention and Appointed for a term from Matheson- Visitors Bureau Business March 2014 to March 2017 (to Godschalk Improvement District (the BID) replace Sara Bogdanov). Jean Hoesing Sioux Falls Convention and Appointed for a term from Visitors Bureau Business March 2014 to March 2017 (to Improvement District (the BID) replace Jan Grunewaldt). Lee Howell Sioux Falls Convention and Reappointed for a term from Visitors Bureau Business March 2014 to March 2017. Improvement District (the BID) Shailesh Patel Sioux Falls Convention and Reappointed for a term from Visitors Bureau Business March 2014 to March 2017. Improvement District (the BID) Char Roth Sioux Falls Convention and Appointed for a term from Visitors Bureau Business March 2014 to March 2017 (to Improvement District (the BID) replace Reid Christopherson). Thea Ryan Sioux Falls Convention and Appointed for a term from Visitors Bureau Business March 2014 to March 2017 (to Improvement District (the BID) replace Chrissy Spoo-Meyer). Mark Sioux Falls Convention and Reappointed for a term from Wahlstrom Visitors Bureau Business March 2014 to March 2017. Improvement District (the BID) Steve Westra Sioux Falls Convention and Appointed for a term from Visitors Bureau Business March 2014 to March 2017 (to Improvement District (the BID) replace Mike Miller). James Larson Commission on Human Relations Appointed for a term from March 2014 to May 2018 (to fill the unexpired term of Jonnie Walker). Aaron Hurley Sioux Falls Regional Emergency Appointed for a term from Medical Services Authority March 2014 to January 2017 (to fill (REMSA) the unexpired term of Jens Saakvitne). Ivy Oland Visual Arts Commission Appointed for a term from March 2014 to March 2017 (to replace Ann Marie Davis). Date adopted: 03/18/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 33. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A COMMEMORATIVE PLAQUE ON PUBLIC PROPERTY. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Resolution 24-14. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 24-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A COMMEMORATIVE PLAQUE ON PUBLIC PROPERTY. WHEREAS, an application was submitted to the City of Sioux Falls to install a commemorative plaque recognizing the contributions of James W. Elmen, an avid user and supporter of the bike trail system; and WHEREAS, the small freestanding commemorative plaque will be placed along the bike trail at the station point near 49th St. within Oxbow Park; and WHEREAS, the plaque and proposed placement were reviewed per City Ordinance No. 22-13; and WHEREAS, the plaque and proposed placement were unanimously approved by both the Parks and Recreation Board on February 18, 2014, and the Naming Committee on February 21, 2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the above-mentioned commemorative plaque and placement on public property as presented. Date adopted: 03/18/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 34. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. A motion was made by Council Member James Entenman and seconded by Council Member Greg Jamison to adopt said Resolution 25-14. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 25-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor exhibition of public art in Sioux Falls, SD; and WHEREAS, the SculptureWalk 2011 People’s Choice Award is a City-owned bronze sculpture known as “Hey Mary Lou, Blindside,” designed and constructed by South Dakota sculpture artists Sherri Treeby and Lee Leuning; and WHEREAS, the sculpture depicts two young football players and measures approximately 48" in height, 78" in width, and 96" in length; and WHEREAS, the proposed site placement for the “Hey Mary Lou, Blindside” sculpture be prominently displayed in the southwestern landscaped walkway entry to the Denny Sanford PREMIER Center; and WHEREAS, the Sioux Falls Visual Arts Commission reviewed the proposed “Hey Mary Lou, Blindside” sculpture on February 18, 2014, and unanimously recommended approval for the placement of the sculpture; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the “Hey Mary Lou, Blindside” sculpture and its placement at the Denny Sanford PREMIER Center be approved as recommended. Date adopted: 03/18/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2014. A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution 26-14. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 7. Noes, 0. Motion Passed. RESOLUTION NO. 26-14 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2014. WHEREAS, the 2014 SculptureWalk program will bring a large number of sculptures to the central business district for outdoor display; and WHEREAS, the SculptureWalk program enhances the beauty and culture of the downtown area for all citizens and visitors to enjoy; and WHEREAS, 55 of the proposed sculptures will be placed on public right-of-way or other publicly owned property; and WHEREAS, the exhibition of public art in the central business district is recommended and encouraged by the City of Sioux Falls’ 2015 Downtown Plan; and WHEREAS, the SculptureWalk program represents a broad collaboration of individuals and entities, both public and private, including Main Street Sioux Falls, the Sioux Falls Arts Council, the Chamber of Commerce, and the City of Sioux Falls; and WHEREAS, the Sioux Falls Visual Arts Commission and various City department staff have reviewed the proposed 2014 sculptures and their placements and recommend approval to the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement in public right-of-way and on public property of 55 sculptures, as described by the following: Sculptures and Artists Bill—J. Frazee Zinger—Johnson Paul Revere—Clements Alter Ego—Park Blustery Day—Johnson T-Rex—P. Frazee Eagle Incoming—Schlag Effortlessly Buoyant—Mendez Perfect Swing—Powell Duster—Carlyle Stretch—Hammond Freisian Rearing—M. Pettigrew Colt—Thorsen World’s Her Canvas—Leuning and Treeby Festival of Friends—Morin The Roost—Zelenak Trapeze—Ghosh Venus de Cello—Vogelaar Egghead—Fiebiger Taking Attendance—Newman Pie High—Jurgensmier Isabella—Salge Fat Tire #4—Carleton Running Ostrich—Thorsen Yes!—Eichinger Under Pressure—Beuselinch Crisscross—Skora Grief & Defiance—Clements Family Pride—McKellar Aspens (3 trees only)—Swanson A Kid’s Favorite—Snyder Divine III—Mallin-Davies Off Kilter—Eichinger Accuracy—Obazee Orange Steel #1—Parlier Muso’s Thought—Maeck Silence—Mozhnevsky Grace—Young Loss of Signal—Pierce Seeds of Consciousness—Guntren Evolution—Zelenak Serengeti—Starck Where We Are—Miller Rainmaker—Dellenbaugh Trojan Horse—Lewis Geometry of Space—Skora The Eagle and The Hawk—Domenico Rebirth of ACI—Kobald On Guard—Bjorge Cultural Pedestrians—Quinlan Oration—Monaco Red Raider—D. Pettigrew Walrus & Calf—Shelledy Twilight—Carlyle Bathsheba—Altman Locations South plaza at the Pavilion. On northwest corner of 11th Street and Main Avenue. On southeast corner of 11th Street and Main Avenue. On northwest corner of 11th Street and Phillips Avenue. Midblock, west side between Tenth Street and 11th Street on Phillips Avenue. Midblock, west side between Tenth Street and 11th Street on Phillips Avenue. Midblock, west side between Tenth Street and 11th Street on Phillips Avenue—Mrs. Murphy’s Irish Gifts. In front of Prairie Star Gallery. On southwest corner of Tenth Street and Phillips Avenue. On northwest corner of Tenth Street and Phillips Avenue. South of the Diner. South of the Diner. In front of the Diner. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. Between Diner and fountain in Fountain Square along Phillips Avenue. Near fountain in Fountain Square along Phillips Avenue. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, west side between Ninth Street and Tenth Street on Phillips Avenue. On southwest corner of Ninth Street and Phillips Avenue. On northwest corner of Ninth Street and Main Avenue. On northwest corner of Ninth Street and Phillips Avenue—Wells Fargo Bank. On southwest corner of Eighth Street and Main Avenue—U.S. Bank. In front of Fresh Produce at Sixth Street and Main Avenue. On northeast corner at Fifth Street and Main Avenue by Museum of Visual Materials. East side of Main Avenue near Fourth Street and Main Avenue in front of ADwërks. Midblock, east side between Fifth Street and Sixth Street on Phillips Avenue. Midblock, east side between Seventh Street and Eighth Street on Phillips Avenue. On northwest corner of Eighth Street and Phillips Avenue. At entrance into Cherapa Place and walkway to bridge. By R & L Supply on East Eighth Street. On southeast corner of Eighth Street and Reid Street. On southeast corner of Ninth Street and Phillips Avenue. In front of First Financial Center. In large planter in front of First Financial Center. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. Midblock, east side between Ninth Street and Tenth Street on Phillips Avenue. In front of Skelly’s on Phillips Avenue. On southeast corner of Tenth Street and Phillips Avenue. Midblock, east side between Tenth Street and 11th Street on Phillips Avenue. Midblock, east side between Tenth Street and 11th Street on Phillips Avenue in front of Susanne’s. Shriver Square, in front of Chef Dominique’s on Phillips Avenue. On northeast corner of 11th Street and Phillips Avenue. On southeast corner of 11th Street and Phillips Avenue. In front of Dacotah Bank on Phillips Avenue. Midblock, east side between 11th Street and 12th Street on Phillips Avenue. On northeast corner of 12th Street and Phillips Avenue. On southeast corner of 12th Street and Phillips Avenue in front of Federal Courthouse. On northwest corner of 13th Street and Phillips Avenue in front of Midcontinent. On northwest corner of 13th Street and Phillips Avenue. On northwest corner of 12th Street and Phillips Avenue. Midblock, east side between 11th Street and 12th Street on Phillips Avenue. In front of Meierhenry’s Law Office on Phillips Avenue. In front of Minerva’s on Phillips Avenue. Alternates (10) Grand Slam—Johnson Romance—Young Storms Brewing—Young Gaia’s Breath—Eichinger Downtown on the McNeil—D. Pettigrew Reclining Cougar—Shelledy Vigilance—Hopkins Wart Hog—Shelledy Saturnian—Maeck Harbinger—Skora Date adopted: 03/18/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member Michelle Erpenbach to adjourn at 9:16 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. Denise D. Tucker, 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, March 18, 2014 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 ● Care Pastor Carman VanSchaick, Celebrate Community Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Intellectual And Developmental Disabilities And Traumatic Brain Injury Awareness Month CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● City Council Informational Meeting on Tuesday, March 11, 2014 at 4:00 p.m. ● City Council Meeting of Tuesday, March 11, 2014, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the March 13, 2014 memo. 2. Notice of change orders on the March 13, 2014 memo. 3. Report of Requests for Quotes for Fuel dated: February 27, 2014; #1 & #2 Dyed Diesel Fuel (3,750 gallons each); 7,500 gallons total; Harms Oil ($3.6225 for #1 & $3.2135 for #2); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: February 28, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($3.0200); CHS, Inc. ($3.0520); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: March 5, 2014; #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($3.4891); Harms Oil, Howes Oil and Midwest Oil, all no bid. Bid awarded to: CHS, Inc. 6. Report of Requests for Quotes for Fuel dated: March 10, 2014; Unleaded Ethanol & E85; 6,500 Gallons Unleaded/2,000 Gallons E85; Harms Oil ($3.1580 Unleaded/$2.1205 E85); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: March 11, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($3.1260); CHS, Inc. ($3.1440); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. 8. A communication was received from Avera McKennan Hospital and University Health Center requesting permission to consume, but not sell, wine and malt beverage at the Avera Prairie Center, 1000 E. 23rd St., on Thursday, May 15, 2014 from 5:00 p.m. until 7:00 p.m. for a Sioux Falls Area Chamber of Commerce Young Professional Network reception. 9. A communication was received from Bridget De Yager and Elisha Page requesting permission to consume, but not sell, wine and malt beverage at the Sioux Falls Design Center, 108 W. 11th St., on Saturday, June 21, 2014 from 12:00 p.m. until 8:00 p.m. for a wedding and reception. 10. A communication was received from Stephanie Edwards requesting permission to consume, but not sell, liquor, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, June 21, 2014 from 5:00 p.m. until 12:00 a.m. for a wedding reception. 11. A communication was received from Tatyana Revord and Jarod Weber requesting permission to consume, but not sell, liquor, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, August 16, 2014 from 5:00 p.m. until 11:30 p.m. for a wedding reception. 12. A communication was received from Brienne Maner requesting permission to consume, but not sell, wine and malt beverages at The Old Courthouse Museum, 200 W. Sixth St., on Saturday, September 27, 2014 from 7:00 p.m. until 10:00 p.m. for a wedding reception. 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: The amount requested is the difference between the owner-occupied and the non-owner- occupied tax. 13. Helen Haugen, 1321 N. Spring Ave., for 2013 taxes in the amount of $761.17. NOTICE OF HEARINGS Set a date of hearing for Tuesday, April 1, 2014, at 7:00 p.m., for Items 14 through 18: 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Poet, 4615 North Lewis Avenue for a Poet mixer on April 10, 2014. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Sioux Falls Specialty Hospital, 910 East 20th Street, for a social on April 28, 2014. 16. Special One-Day Wine License for Good Shepherd Ministry Center, Inc., to be operated at The Prairie Center, 1000 East 23rd Street for a fundraiser on May 8, 2014. 17. Special One-Day Liquor License for Boys & Girls Clubs of the Sioux Empire to be operated at Josiah’s Coffeehouse & Café, 101 South Reid Street for a fundraiser on June 10, 2014. 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Area Humane Society to be operated at Landscape Garden Center, 7201 South Minnesota Avenue for a fundraiser on June 21, 2014. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT PETITIONS 19. CONDITIONAL USE PERMIT APPEAL (2014-02-10): A CONDITIONAL USE PERMIT IN THE C-2 GENERAL COMMERCIAL DISTRICT WAS APPROVED FOR A TEMPORARY OR EMERGENCY SHELTER LOCATED AT 101 N. INDIANA AVE. (Approved at the March 5, 2014, Planning Commission Meeting with a vote of 7-Yes, 0-No.) UNFINISHED BUSINESS 20. New 2014 Package Liquor License for D & J Station Inc., The Gas Stop, to be operated at 2200 East 10th Street. 21. New 2013-14 Retail Malt Beverage License, including video lottery terminals, for Stanton Inc., business name to be determined, to be operated at 1213 North Cliff Avenue. 22. New 2013-14 Retail Malt Beverage License for Kathy Elenkiwich, Backyard Grill, to be operated at 3705 South Western Avenue (CUP not required; full service restaurant). 23. New 2013-14 Retail Malt Beverage License for The Trifecta Inc., Coffea Roasterie, to be operated at 200 South Phillips Avenue, with Conditional Use Permit (2014-01-19) being approved on February 5, 2014. 24. New 2014 Retail Wine License for The Trifecta Inc., Coffea Roasterie, to be operated at 200 South Phillips Avenue, with Conditional Use Permit (2014-01-19) being approved on February 5, 2014. 25. New 2014 Retail Wine License for Amavo LLC, Amavo Boutique, to be operated at 4807 South Louise Avenue, with the Special Use Permit (2014-01-03) being approved on February 5, 2014. 26. Transfer of 2013-14 Retail Malt Beverage License, including video lottery terminals, for JPTS Inc., Mint Casino, 3601 East 10th Street to JPTS Inc., Mint Casino to be operated at 3611 East 10th Street with Conditional Use Permit (2013- 06-03) being approved on July 3, 2013, effective April 1, 2014. Pending final inspections per Building Services. 27. Transfer of 2014 Package Liquor License for East Dakotah Natural Foods Co-op, The Co-op Natural Foods, 2504 South Duluth Avenue to East Dakotah Natural Foods Co-op, The Co-op Natural Foods to be operated at 410 West 18th Street. Pending final inspections per Building Services. 28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club of Sioux Falls, to be operated at The History Club of Sioux Falls, 758 South Phillips Avenue for a special event on March 29, 2014. 29. Special One-Day Malt Beverage License for Avera McKennan Hospital to be operated at the Avera McKennan Fitness Center, 3400 South Southeastern Avenue, for a Fun Run, on April 1, 2014. 30. 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 April 5, May 24, and May 31, 2014. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, April 1, 2014, at 7:00 p.m., for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS, APPENDIX A: CERTIFICATES FOR PRELIMINARY PLANS AND APPENDIX B: CERTIFICATES FOR PLATS AND REPLATS. (The Planning Commission recommends approval.) HEARINGS AND RESOLUTIONS 32. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. 33. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A COMMEMORATIVE PLAQUE ON PUBLIC PROPERTY. 34. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. 35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2014. 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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