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City Council Meeting

Regular Meeting

Sioux Falls, SD · April 1, 2014

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, April 1, 2014, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Sue Aguilar Mayor Mike T. Huether INVOCATION  Pastor David Olson, Abiding Savior Free Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  National Volunteer Week - April 6 through April 12, 2014  Paralyzed Veterans of America North Central Chapter Awareness Month - April, 2014  Fair Housing Month - April, 2014 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to approve the Consent Agenda. Council Member Kermit L. Staggers asked to move the following items from Item 1 (Contracts and Agreements) to the Regular Agenda for discussion purposes: The Arena Parking Lot Repairs ($906,823.00); Furnish Motorcycles ($34,296.00); and Parking Garage, Lighting Upgrades/Law Enforcement Center Generator ($71,200.00). Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, March 18, 2014, at 4:00 p.m.  City Council Meeting of Tuesday, March 18, 2014, at 7:00 p.m.  Informational Meeting of Tuesday, March 25, 2014, at 4:00 p.m.  Special City Council Meeting of Wednesday, March 26, 2014, at 1:30 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the March 28, 2014 memo. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve the bid for Arena Parking Lot Repairs ($906,823.00). Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Council Member James Entenman was excused from the meeting and the vote on this item. Motion Passed. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve the bid for Furnish Motorcycles ($34,296.00). Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Kermit L. Staggers, 1. Council Member James Entenman was excused from the meeting and the vote on this item. Motion Passed. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to approve the Parking Garage, Lighting Upgrades/Law Enforcement Center Generator agreement ($71,200.00). Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Kermit L. Staggers,1. Council Member James Entenman was excused from the meeting and the vote on this item. Motion Passed. 2. Notice of change orders on the March 28, 2014 memo. 3. Report of Requests for Quotes for Fuel dated: March 20, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($3.0545); Howes Oil ($3.0655); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Harms Oil. 4. A communication was received from the Sioux Falls Roller Dollz requesting permission to consume, but not sell, malt beverages at the Multi Cultural Center, 515 N. Main Avenue on Saturday, April 5 from 4:00 p.m. to 11:00 p.m. The purpose is to raise money for Special Olympics, South Dakota. 5. A communication was received from Linda and Bruce Maples requesting permission to consume, but not sell beer, wine and liquor at the Old Courthouse Museum, 200 W. 6th Street, on Friday, May 16, 2014 from 5:00 p.m. to 9:00 p.m. The purpose is for their son's grooms dinner celebration. 6. A communication was received from Mary Block requesting permission to consume, but not sell, liquor, wine and beer at the Old Courthouse Museum, 200 W. 6th Street on Saturday, June 28, 2014 from 5:00 p.m. to 12:00 a.m. The purpose is for her daughter's wedding and dance. APPLICATIONS 7. Special One-Day Malt Beverage and Special One-Day Wine Licenses for MAS, LLC, The Riviera by Rocco’s to be operated at The Old Courthouse Museum, 200 West 6th Street for a wedding on April 26, 2014. 8. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at Washington Pavilion of Arts & Science, 301 South Main Avenue for special events on May 3, 30, and 31, 2014. 9. Special One-Day Liquor 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 weddings in 2014 on June 19, June 28, July 19 and July 26. 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 weddings on June 21 and 25, 2014. NOTICE OF HEARINGS Set a date of hearing for Tuesday, April 15, 2014, at 7:00 p.m. for Items 11 through 26: 11. Transfer of a 2014 Retail Liquor License, including Sunday Sales, from Lone Star Steakhouse & Saloon of SD Inc., Lone Star Steakhouse & Saloon, 1801 West 41st Street to LSF5 Cowboy Holdings, LLC, Lone Star Steakhouse & Saloon, 1801 West 41st Street (full service restaurant; CUP not required). 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Arts Council to be operated at TSP, 1112 North West Avenue for a fundraiser on April 24, 2014. 13. Special One-Day Malt Beverage License for Sioux Falls Roller Dollz to be operated at the Multicultural Center, 515 North Main Avenue for a Baconfest fundraiser on April 26, 2014. 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, 4320 South Oxbow Avenue, for a fundraiser on May 1, 2014. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on May 1, 2014. 16. Special One-Day Liquor License for Museum of Visual Materials, 500 North Main Avenue, for a special event on May 2, 2014. 17. Special One-Day Wine License requests for Downtown Sioux Falls Inc., to be operated at the following locations: 8th & Railroad Center Lobby, 401 East 8th Street, Bead Co., 319 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Cliff Hangers Gallery, 126 South Phillips Avenue, Cookie Jar, 230 South Phillips Ave, Great Outdoor Store, 201 East Tenth Street, Home Porch, 217 South Phillips Avenue, Lillians, 311 South Phillips Avenue, NV Salon Studio, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Say Anything Jewelry, 524 N. Main Avenue, #104, Simply Perfect, 401 East 8th Street #108, Sioux Falls Design Center, 108 West 11th Street, Sticks and Steel, 401 East 8th Street Suite 118, Young & Richard’s, 222 South Phillips Avenue, Zandbroz, 209 South Phillips Avenue, and Zing 301 South Minnesota Avenue, for the First Friday Wine Walk on May 2, 2014. 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Parking Lot, 401 East 8th Street, for Downtown Block Parties on the East Bank in 2014 on June 6, July 11, August 1, and September 5. 19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls, Inc., to be operated on Phillips Avenue from 9th to 14th Streets; Main Avenue from 10th to 13th Streets, 13th Street from Main to 1st Avenue, 12th Street from Main to Phillips Avenues, 11th Street from Dakota to Mall Avenues, 10th Street from Main to Mall Avenues, Parking Ramp by Main & 12th, Surface lot behind Diner, and Plaza by 12th & Phillips for Hot Summer Nites on July 16, 2014. 20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated within Phases 1 and 2 of Downtown Riverfront (from 6th Street to South of 8th Street) including Raven Industries riverfront and parking lot located at 205 East 6th Street for Downtown Riverfest on August 16, 2014. 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sisters of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for the Cinco de Mayo Fiesta, on May 10, 2014. 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s, to be operated at Avera Prairie Center, 1000 East 23rd Street for a Chamber event on May 15, 2014. 23. Special One-Day Wine License for the Democratic Forum of Sioux Falls to be operated at The History Club, 758 South Phillips Avenue for a fundraiser on May 17, 2014. 24. 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 in 2014 on May 3, June 7, June 14, June 28 and July 26. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for weddings in 2014 on June 21 and July 12. 26. Special One-Day Malt Beverage and Special One-Day Wine Licenses for South Dakota Achieve, 4100 South Western Avenue for a Chamber event on September 9, 2014. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA Council Member Jim Entenman excused himself from the meeting at this time but immediately cancelled the request. A motion was made by Council Member Kenny Anderson Jr. 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, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. PUBLIC INPUT Council Member Jim Entenman excused himself from the meeting at this time but immediately cancelled the request. Theresa Stehly thanked the Council Members for their service. She also provided suggestions for the future and she spoke about the wording on the April 8, 2014 election ballot. I.L. Wiederman expressed disappointment in the Mayor's debate on Monday, March 31, 2014. He also spoke about the process of eliminating members from committees. Tim Stanga spoke regarding the Whittier neighborhood and the increase in crime. He also asked about the videos being used for ballot information and why some ballot information is not covered in the videos. Bruce Danielson spoke regarding the April 8, 2014 election ballot and recent correspondence from the City Clerk's office. Greg Neizert spoke regarding the Shape Places Zoning Ordinance. Ross Wright spoke regarding the Shape Places Ordinance. He also spoke about language used on the ballot. Kathryn Henning spoke regarding the Shape Places Ordinance. Council Member Jim Entenman excused himself from the meeting at this time. Item 1 was heard at this time. See item for action taken. Council Member Jim Entenman returned to the meeting at this time. UNFINISHED BUSINESS 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to approve items 27 through 31. Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 32. 2nd 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 James Entenman and seconded by Council Member Dean Karsky to adopt said Ordinance No. 22-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, April 15, 2014 at 7:00 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING THE MAXIMUM NUMBER OF OFF-SALE DEALERS. A motion was made by Council Member Rex Rolfing and seconded by Council Member James Entenman to set a date of hearing and 2nd Reading for Tuesday, April 15, 2014 at 7:00 p.m. for Item 33. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, April 15, 2014 at 7:00 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 124: VEHICLES FOR HIRE. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, April 15, 2014 at 7:00 p.m. for Item 34. Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS Mayor Huether turned over the gavel and control of the meeting to City Council Chair Jim Entenman for the remainder of the meeting. 35. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PINEWOOD ADDITION. (The Planning Commission recommends approval). A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 27-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. RESOLUTION NO. 27-14 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PINEWOOD ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Pinewood Addition to the City of Sioux Falls, Lincoln County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 04/01/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 36. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2014-01-21—AESOPH. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 28-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. RESOLUTION NO. 28-14 ANNEXATION 2014-01-21—AESOPH A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is adequate provision for municipal utilities and access to the major street network. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Beginning at the NE corner of Lot 1 Block 1, Rocky Ridge II Addition to the City of Sioux Falls, then commencing West 460.11' to the NW corner of Lot 6 Block 1, then North 175', then East 435.14', then North 183.7', then East 25.01', then South 358.09' to the point of beginning, and also a portion of Lot H-2 (W. 12th St. right-of-way) lying adjacent thereto in the NE1/4 of the NW1/4 of Section 22, T101N, R50W, Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 04/01/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 37. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2014-01-20—E. ARROWHEAD PKWY. AND S. SIX MILE RD. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Resolution No. 29-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. RESOLUTION NO. 29-14 ANNEXATION 2014-01-20—E. ARROWHEAD PKWY. AND S. SIX MILE RD. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is access to the major street network and adequate provision for municipal utilities when the following occur: a. The sanitary sewer is extended south under E. Arrowhead Pkwy. to the proposed 134 acres by the developer. b. The water main is extended along S. Six Mile Rd., which is part of the CIP in 2014. c. The two post-construction BMP ponds (303 and 304), which have been identified in the Storm Water BMP Master Plan, are constructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract A of Assam’s Addition in the W1/2 of Section 20, T101N, R48W; Tract 3 (except Lot X and E. 26th St. right-of-way adjacent thereto) Perry Warren Estates; Co. Aud. Lot H-1, Lot H-1 in Tract 3, Lot H-2 in Tract 3, Lot H-3 in Tract 3, all in Perry Warren Estates in Section 20, T101N, R48W, including the SD Highway 42 right-of-way adjacent thereto; the SE1/4 of the SE1/4 of Section 19, T101N, R48W, and Co. Aud. Lot H-2 (except Tract 1A Dunn’s Addition and Co. Aud. Lot H-2 adjacent thereto); and including all remaining 26th St. and Six Mile Rd. rights-of-way adjacent to any of these lands, all in Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 04/01/14 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 38. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 30-14. Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0. Motion Passed. RESOLUTION NO. 30-14 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 appointment: Name Board Term Brad Heegel Washington Pavilion Management, Appointed for a term from Inc. Board of Directors April 2014 to April 2017 (to replace Nate Welch). Date adopted: 04/01/14 . 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 the meeting at 8:17 p.m. City Council Chair Jim Entenman 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, April 1, 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 ● Pastor David Olson, Abiding Savior Free Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● National Volunteer Week - April 6 - April 12, 2014 ● Paralyzed Veterans of America North Central Chapter Awareness Month - April, 2014 ● Fair Housing Month - April, 2014 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, March 18, 2014, at 4:00 p.m. ● City Council Meeting of Tuesday, March 18, 2014, at 7:00 p.m. ● Informational Meeting of Tuesday, March 25, 2014, at 4:00 p.m. ● Special City Council Meeting of Wednesday, March 26, 2014, at 1:30 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the March 28, 2014 memo. 2. Notice of change orders on the March 28, 2014 memo. 3. Report of Requests for Quotes for Fuel dated: March 20, 2014; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($3.0545); Howes Oil ($3.0655); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Harms Oil. 4. A communication was received from the Sioux Falls Roller Dollz requesting permission to consume, but not sell, malt beverages at the Multi-Cultural Center, 515 N. Main Ave. on Saturday, April 5, 2014, from 4:00 p.m. to 11:00 p.m. The purpose is to raise money for Special Olympics, South Dakota. 5. A communication was received from Linda and Bruce Maples requesting permission to consume, but not sell beer, wine and liquor at the Old Courthouse Museum, 200 W. 6th St., on Friday, May 16, 2014, from 5:00 p.m. to 9:00 p.m. The purpose is for their son's groom’s dinner celebration. 6. A communication was received from Mary Block requesting permission to consume, but not sell, liquor, wine and beer at the Old Courthouse Museum, 200 W. 6th Street on Saturday, June 28, 2014, from 5:00 p.m. to 12:00 a.m. The purpose is for her daughter's wedding and dance. APPLICATIONS 7. Special One-Day Malt Beverage and Special One-Day Wine Licenses for MAS, LLC, The Riviera by Rocco’s to be operated at The Old Courthouse Museum, 200 West 6th Street for a wedding on April 26, 2014. 8. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at Washington Pavilion of Arts & Science, 301 South Main Avenue for special events on May 3, 30, and 31, 2014. 9. Special One-Day Liquor 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 weddings in 2014 on June 19, June 28, July 19, and July 26. 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 weddings on June 21 and 25, 2014. NOTICE OF HEARINGS Set a date of hearing for Tuesday, April 15, 2014, at 7:00 p.m. for Items 11 through 26: 11. Transfer of a 2014 Retail Liquor License, including Sunday Sales, from Lone Star Steakhouse & Saloon of SD Inc., Lone Star Steakhouse & Saloon, 1801 West 41st Street to LSF5 Cowboy Holdings, LLC, Lone Star Steakhouse & Saloon, 1801 West 41st Street (full service restaurant; CUP not required). 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Arts Council to be operated at TSP, 1112 North West Avenue for a fundraiser on April 24, 2014. 13. Special One-Day Malt Beverage License for Sioux Falls Roller Dollz to be operated at the Multi-Cultural Center, 515 North Main Avenue, for a Baconfest fundraiser on April 26, 2014. 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma Butterfly House and Marine Cove, 4320 South Oxbow Avenue, for a fundraiser on May 1, 2014. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on May 1, 2014. 16. Special One-Day Liquor License for Museum of Visual Materials, 500 North Main Avenue, for a special event on May 2, 2014. 17. Special One-Day Wine License requests for Downtown Sioux Falls Inc., to be operated at the following locations: 8th & Railroad Center Lobby, 401 East 8th Street, Bead Co., 319 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Cliff Hangers Gallery, 126 South Phillips Avenue, Cookie Jar, 230 South Phillips Ave, Great Outdoor Store, 201 East Tenth Street, Home Porch, 217 South Phillips Avenue, Lillians, 311 South Phillips Avenue, NV Salon Studio, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Say Anything Jewelry, 524 N. Main Avenue, #104, Simply Perfect, 401 East 8th Street #108, Sioux Falls Design Center, 108 West 11th Street, Sticks and Steel, 401 East 8th Street Suite 118, Young & Richard’s, 222 South Phillips Avenue, Zandbroz, 209 South Phillips Avenue, and Zing 301 South Minnesota Avenue, for the First Friday Wine Walk on May 2, 2014. 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Parking Lot, 401 East 8th Street, for Downtown Block Parties on the East Bank in 2014 on June 6, July 11, August 1, and September 5. 19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls, Inc., to be operated on Phillips Avenue from 9th to 14th Streets; Main Avenue from 10th to 13th Streets, 13th Street from Main to 1st Avenue, 12th Street from Main to Phillips Avenues, 11th Street from Dakota to Mall Avenues, 10th Street from Main to Mall Avenues, Parking Ramp by Main & 12th, Surface lot behind Diner, and Plaza by 12th & Phillips for Hot Summer Nites on July 16, 2014. 20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated within Phases 1 and 2 of Downtown Riverfront (from 6th Street to South of 8th Street) including Raven Industries riverfront and parking lot located at 205 East 6th Street for Downtown Riverfest on August 16, 2014. 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sisters of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for the Cinco de Mayo Fiesta, on May 10, 2014. 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s, to be operated at Avera Prairie Center, 1000 East 23rd Street for a Chamber event on May 15, 2014. 23. Special One-Day Wine License for the Democratic Forum of Sioux Falls to be operated at The History Club, 758 South Phillips Avenue for a fundraiser on May 17, 2014. 24. 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 in 2014 on May 3, June 7, June 14, June 28 and July 26. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for weddings in 2014 on June 21 and July 12. 26. Special One-Day Malt Beverage and Special One-Day Wine Licenses for South Dakota Achieve, 4100 South Western Avenue for a Chamber event on September 9, 2014. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. INTRODUCTION AND ADOPTION OF ORDINANCES 32. 2nd 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.) Set a date of hearing and 2nd Reading for Tuesday, April 15, 2014 at 7:00 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING THE MAXIMUM NUMBER OF OFF-SALE DEALERS. Set a date of hearing and 2nd Reading for Tuesday, April 15, 2014 at 7:00 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 124: VEHICLES FOR HIRE. HEARINGS AND RESOLUTIONS 35. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PINEWOOD ADDITION. (The Planning Commission recommends approval.) 36. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2014-01-21—AESOPH. 37. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 2014-01-20—E. ARROWHEAD PKWY. AND S. SIX MILE RD. 38. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. 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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