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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 2, 2015

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, February 2, 2015, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION  Pastor David Edge, Zion Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  National Wear Red Day - February 6, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A request was made by Council Member Kermit L. Staggers to move the following agreements from Item 1 to the Regular Agenda for discussion purposes: 1) Highways/ Streets, Public Works Signage Study, Agreement for engineering services, Confluence, $15,000; 2) Water, Water Resources Investigations, Joint funding agreement, US Geological Survey, $357,000. MINUTES  City Council Meeting of Tuesday, January 20, 2015, at 7:00 p.m.  Informational Meeting of Tuesday, January 27, 2015, at 4:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the January 29, 2015 memo. A motion was made by Council Member Erpenbach and seconded by Council Member Karsky to approve the following agreement: 1) Highways/Streets, Public Works Signage Study, Agreement for engineering services, Confluence, $15,000. Vote to approve : Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 7. Noes, Kermit L. Staggers, 1. Motion Passed. A motion was made by Council Member Staggers and seconded by Council Member Anderson to approve the following agreement: 2) Water, Water Resources Investigations, Joint funding agreement, US Geological Survey, $357,000. Vote to approve : Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 2. Approval of notice of change orders on the January 29, 2015 memo. 3. A memorandum dated January 20, 2015, declaring surplus property from 2014. 4. A communication was received from the Great Plains Zoo and Delbridge Museum of Natural History requesting permission to consume, but not sell, liquor, wine and/or malt beverage at the Great Plains Zoo, 805 South Kiwanis Avenue on February 5, 12, 19 and 26, 2015, for the purpose of supporter and donor appreciation events at the Zoo, pursuant to SDCL 35-1-5.5. 5. A communication was received from Avera McKennan Hospital requesting permission to consume, but not sell, wine and malt beverages at Avera Prince of Peace at 4513 Prince of Peace Place on Friday, May 15, 2015, from 5:00 p.m. to 8:00 p.m. pursuant to SDCL 35-1-5.5. 6. Report of Requests for Quotes for Fuel dated: January 15, 2015; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.5090); Harms Oil ($1.5246); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil. 7. Report of Requests for Quotes for Fuel dated: January 15, 2015; #2 Dyed Diesel Fuel; 7,500 gallons; Howes Oil ($1.5495); Harms Oil ($1.5765); CHS, Inc., Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: January 21, 2015; #2 Clear Diesel; 7,500 gallons; Harms Oil ($2.028); CHS, Inc., Howes Oil, Midwest Oil, Petroleum Traders Co., all no bid. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: January 22, 2015; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.4925); Harms Oil ($1.5060); CHS, Inc. ($1.5540); Olson Oil, no bid. Bid awarded to: Howes Oil. 10. Report of Request for Quotes for Fuel dated: January 23, 2015; #1 and #2 Dyed Diesel Fuel; 7,500 gallons (3,750 gallons each #1 and #2); Harms Oil ($1.8350 #1 and $1.6460 #2); Howes Oil ($1.9100 #1 and $1.6500 #2); CHS, Inc., Midwest Oil, Olson Oil, all no bid. Bid awarded to: Harms Oil. APPLICATIONS 11. Special One-Day Malt Beverage License 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 9, 2015. 12. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley Davidson, to be operated at Falls Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) with a north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to the chain link fence on the east side of Falls Park West (the street will be closed on 6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue, for Hot Harley Nights, on July 11, 2015. NOTICE OF HEARINGS Set a date of hearing for Tuesday, February 17, 2015, at 7:00 p.m. for Items 13 through 19: 13. New 2015 Package Liquor License for Austad’s Golf Inc., Austad’s Golf to be operated at 2801 East 10th Street (CUP not required). 14. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP, Holiday Inn Express & Suites Southwest to be operated at 3821 West Avera Drive (CUP not required). 15. New 2015 Retail Wine License for Kelly Midwest Ventures LP, Holiday Inn Express & Suites Southwest to be operated at 3821 West Avera Drive (CUP not required). 16. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP, La Quinta Inn & Suites to be operated at 4521 West 41st Street (CUP not required). 17. New 2015 Retail Wine License for Kelly Midwest Ventures LP, La Quinta Inn & Suites to be operated at 4521 West 41st Street (CUP not required). 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at DocuTap, 101 South Phillips Avenue, Suite 300, for a fundraiser on February 27, 2015. 19. Special One-Day Wine License for Sioux Empire Safety Village to be operated at Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on March 5, 2015. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT I.L. Wiedermann spoke about funding for a tennis court; Robert's Rules of Order; Council members recusing themselves from discussions; the indoor aquatic center; and the ambulance contract. Charlie Roberts spoke regarding the indoor aquatic center, arrogance of the administration, and questioned the funding for the aquatic center. Jay Masur, MedStar Ambulance, spoke regarding the ambulance RFP process and that a first reading should not be held tonight on the approval of an ambulance contract. Scott Ehrisman talked about the skate park being utilized in January and the proper use of snow gates. Item 1 was heard at this time. See item for action taken. UNFINISHED BUSINESS 20. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be operated at 4721 East 26th Street (CUP not required). 21. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be operated at 501 North Minnesota Avenue (CUP not required). 22. Transfer of 2014-15 Retail Malt Beverage License, with video lottery terminals, from Isava Inc., Sneaky’s Chicken, 4211 West 12th Street to CSB Inc., The Keg, 4211 West 12th Street (Full service restaurant; CUP not required). 23. New 2015 Retail Wine License, with video lottery terminals, for CSB Inc., The Keg to be operated at 4211 West 12th Street (Full service restaurant; CUP not required). 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th Street, for the Hearts in Healing fundraiser on February 7, 2015. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Orthopedic Institute, 810 East 23rd Street, for a Vibra Healthcare Presentation on February 10, 2015. 26. Special One-Day Wine License for Marquette Council to be operated at Knights of Columbus, 315 North Summit Avenue, for a fundraiser on February 14, 2015. 27. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for a special event on February 14, 2015. 28. Special One-Day Wine License for the Democratic Forum to be operated at the History Club, 758 South Phillips Avenue, for a fundraiser on February 12, 2015. A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to approve Items 20 through 28. Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SOUTHWEST CORNER OF E. 26TH ST. AND S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, PETITION NO.2045-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Christine M. Erickson to adopt said Ordinance No. 5-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2024S. MAIN AVE. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO.2052- 2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Ordinance No. 6-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1624S. DOODLER DR. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION NO.2055-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 7-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1600 AND 1608 W. RUSSELL ST. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO.2057- 2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 8-15. Council Member Greg Jamison was excused from the meeting and the vote on this item. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 7. Noes, 0. Motion Passed. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4804 AND4808S. LOUISE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO.2058-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Ordinance No. 9-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF N. CLIFF AVE. AND SOUTH OF THE BURLINGTON NORTHERN RAILROAD TRACKS FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL— TRADITIONAL, REC RECREATION, AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, PETITION NO.2056-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 10-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTIONS 95.085–95.091 OF THE CODE OF ORDINANCES OF SAID CITY BY REPEALING THE SIOUX FALLS ICE AND RECREATION CENTER BOARD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 35. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS AND CLARIFYING THE LIMITATIONS ON EXPENDITURE OF FUNDS AND CONTRACTING AUTHORITY FOR CONSTRUCTION OF AN INDOOR AQUATICS FACILITY AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”). A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 36. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 37: 37. 1st Reading: AN ORDINANCE APPROVING THE SURFACE AMBULANCE SERVICE FRANCHISE AGREEMENT BETWEEN PARAMEDICS PLUS, LLC AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH AUTHORIZING THE MAYOR TO SIGN THE SAME. A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 37. Council Member Dean Karsky was excused from the meeting and the vote on this item. Vote to set a date: Roll Call: Yeses, Greg Jamison, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 6. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, February 17, 2015, at 7:00 p.m. for Item 38: 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, February 17, 2015, at 7:00 p.m. for Item 38. Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 39. 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 Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution No. 3-15. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8. Noes, 0. Motion Passed. RESOLUTION NO. 03-15 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the Sioux Falls Firefighters Benevolent Foundation, a private foundation, has commissioned Sioux Falls sculpture artist Darwin Wolf to design and construct a bronze sculpture to be known as “Timeless Vigilance”; and WHEREAS, the sculpture depicts two firefighters and measures approximately 6' 5" in height, 5' 3" in width, and 7' 2" in length; and WHEREAS, the proposed site placement for the “Timeless Vigilance” sculpture be prominently displayed in the future landscaped plaza area located south of the existing Sioux Falls Fire Rescue (SFFR) Headquarters located at 2820 S. Minnesota Ave.; and WHEREAS, the Sioux Falls Firefighters Benevolent Foundation, a private foundation, will be responsible for all project costs associated with “Timeless Vigilance” sculpture production, placement, and installation; and WHEREAS, the completed sculpture will be donated to the City; and WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor exhibition of public art in Sioux Falls, SD; and WHEREAS, the Sioux Falls Visual Arts Commission reviewed the proposed “Timeless Vigilance” sculpture on December 18, 2014, and unanimously recommends approval for the placement of the sculpture, as presented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the “Timeless Vigilance” sculpture and its placement in the future landscaped plaza area located south of the existing Sioux Falls Fire Rescue (SFFR) Headquarters located at 2820 S. Minnesota Ave. be approved as recommended. Date adopted: 02/02/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 40. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 2050-2014 - USF.). A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 4-15. Council Member Kermit L. Staggers was excused from the meeting and the vote on this item. Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 7. Noes, 0. Motion Passed. RESOLUTION NO. 04-15 ANNEXATION 2050-2014—USF 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. 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, Lincoln County, and the boundary of the city is hereby extended to include such territory. Tract A, Pike Addition, Section 13-100-R50W, all in Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 02/02/15 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 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) 41. REPORT OF THE JANUARY 27, 2015, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. ADJOURNMENT A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adjourn at 8:36 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Lorie Hogstad, CMC City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Monday, February 2, 2015 at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Greg Jamison Council Member Dean Karsky Council Member Rick Kiley Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Kenny Anderson Jr. Council Member Christine M. Erickson Council Member Michelle Erpenbach Mayor Mike T. Huether INVOCATION ● Pastor David Edge, Zion Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● National Wear Red Day - February 6, 2015 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● City Council Meeting of Tuesday, January 20, 2015, at 7:00 p.m. ● Informational Meeting of Tuesday, January 27, 2015, at 4:00 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the January 29, 2015 memo. 2. Approval of notice of change orders on the January 29, 2015 memo. 3. A memorandum dated January 20, 2015, declaring surplus property from 2014. 4. A communication was received from the Great Plains Zoo and Delbridge Museum of Natural History requesting permission to consume, but not sell, liquor, wine and/or malt beverage at the Great Plains Zoo, 805 South Kiwanis Avenue on February 5, 12, 19 and 26, 2015, for the purpose of supporter and donor appreciation events at the Zoo, pursuant to SDCL 35-1-5.5. 5. A communication was received from Avera McKennan Hospital requesting permission to consume, but not sell, wine and malt beverages at Avera Prince of Peace at 4513 Prince of Peace Place on Friday, May 15, 2015, from 5:00 p.m. to 8:00 p.m. pursuant to SDCL 35-1-5.5. 6. Report of Requests for Quotes for Fuel dated: January 15, 2015; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.5090); Harms Oil ($1.5246); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil. 7. Report of Requests for Quotes for Fuel dated: January 15, 2015; #2 Dyed Diesel Fuel; 7,500 gallons; Howes Oil ($1.5495); Harms Oil ($1.5765); CHS, Inc., Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: January 21, 2015; #2 Clear Diesel; 7,500 gallons; Harms Oil ($2.028); CHS, Inc., Howes Oil, Midwest Oil, Petroleum Traders Co., all no bid. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: January 22, 2015; E-10 Unleaded Ethanol / 87 Octane; 8,500 gallons; Howes Oil ($1.4925); Harms Oil ($1.5060); CHS, Inc. ($1.5540); Olson Oil, no bid. Bid awarded to: Howes Oil. 10. Report of Request for Quotes for Fuel dated: January 23, 2015; #1 and #2 Dyed Diesel Fuel; 7,500 gallons (3,750 gallons each #1 and #2); Harms Oil ($1.8350 #1 and $1.6460 #2); Howes Oil ($1.9100 #1 and $1.6500 #2); CHS, Inc., Midwest Oil, Olson Oil, all no bid. Bid awarded to: Harms Oil. APPLICATIONS 11. Special One-Day Malt Beverage License 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 9, 2015. 12. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley Davidson, to be operated at Falls Park West (park area north of the Sioux Falls Park and Recreation Office leading to Falls Park along Phillips Avenue) with a north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to the chain link fence on the east side of Falls Park West (the street will be closed on 6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue, for Hot Harley Nights, on July 11, 2015. NOTICE OF HEARINGS As your elected representatives, the City Council values your input and feedback. However, the South Dakota Supreme Court has ruled that City Councilors may not engage in private communications with persons when the City Council will act as a decision-maker on an upcoming matter involving a license or a permit. In those instances, persons are encouraged to provide written comments to the entire City Council or to provide oral comment at the public meeting on that matter when it is considered by the entire City Council. Those who provide comments should understand that their comments will become part of the official record and subject to review by all parties and the public. Set a date of hearing for Tuesday, February 17, 2015, at 7:00 p.m. for Item 13 through Item 19: 13. New 2015 Package Liquor License for Austad’s Golf Inc., Austad’s Golf to be operated at 2801 East 10th Street (CUP not required). 14. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP, Holiday Inn Express & Suites Southwest to be operated at 3821 West Avera Drive (CUP not required). 15. New 2015 Retail Wine License for Kelly Midwest Ventures LP, Holiday Inn Express & Suites Southwest to be operated at 3821 West Avera Drive (CUP not required). 16. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP, La Quinta Inn & Suites to be operated at 4521 West 41st Street (CUP not required). 17. New 2015 Retail Wine License for Kelly Midwest Ventures LP, La Quinta Inn & Suites to be operated at 4521 West 41st Street (CUP not required). 18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Sioux Falls Area Community Foundation to be operated at DocuTap, 101 South Phillips Avenue, Suite 300, for a fundraiser on February 27, 2015. 19. Special One-Day Wine License for Sioux Empire Safety Village to be operated at Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on March 5, 2015. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS As your elected representatives, the City Council values your input and feedback. However, the South Dakota Supreme Court has ruled that City Councilors may not engage in private communications with persons when the City Council will act as a decision-maker on an upcoming matter involving a license or a permit. In those instances, persons are encouraged to provide written comments to the entire City Council or to provide oral comment at the public meeting on that matter when it is considered by the entire City Council. Those who provide comments should understand that their comments will become part of the official record and subject to review by all parties and the public. 20. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be operated at 4721 East 26th Street (CUP not required). 21. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be operated at 501 North Minnesota Avenue (CUP not required). 22. Transfer of 2014-15 Retail Malt Beverage License, with video lottery terminals, from Isava Inc., Sneaky’s Chicken, 4211 West 12th Street to CSB Inc., The Keg, 4211 West 12th Street (Full service restaurant; CUP not required). 23. New 2015 Retail Wine License, with video lottery terminals, for CSB Inc., The Keg to be operated at 4211 West 12th Street (Full service restaurant; CUP not required). 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th Street, for the Hearts in Healing fundraiser on February 7, 2015. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s Catering, to be operated at Orthopedic Institute, 810 East 23rd Street, for a Vibra Healthcare Presentation on February 10, 2015. 26. Special One-Day Wine License for Marquette Council to be operated at Knights of Columbus, 315 North Summit Avenue, for a fundraiser on February 14, 2015. 27. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for a special event on February 14, 2015. 28. Special One-Day Wine License for the Democratic Forum to be operated at the History Club, 758 South Phillips Avenue, for a fundraiser on February 12, 2015. INTRODUCTION AND ADOPTION OF ORDINANCES 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE SOUTHWEST CORNER OF E. 26TH ST. AND S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, PETITION NO. 2045-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2024 S. MAIN AVE. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 2052- 2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1624 S. DOODLER DR. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION NO. 2055-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1600 AND 1608 W. RUSSELL ST. FROM THE C- 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 2057- 2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4804 AND 4808 S. LOUISE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 2058-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF N. CLIFF AVE. AND SOUTH OF THE BURLINGTON NORTHERN RAILROAD TRACKS FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL— TRADITIONAL, REC RECREATION, AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, PETITION NO. 2056-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTIONS 95.085–95.091 OF THE CODE OF ORDINANCES OF SAID CITY BY REPEALING THE SIOUX FALLS ICE AND RECREATION CENTER BOARD. Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS AND CLARIFYING THE LIMITATIONS ON EXPENDITURE OF FUNDS AND CONTRACTING AUTHORITY FOR CONSTRUCTION OF AN INDOOR AQUATICS FACILITY AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”). Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for Item 37: 37. 1st Reading: AN ORDINANCE APPROVING THE SURFACE AMBULANCE SERVICE FRANCHISE AGREEMENT BETWEEN PARAMEDICS PLUS, LLC AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH AUTHORIZING THE MAYOR TO SIGN THE SAME. Set a date of hearing and 2nd Reading for Tuesday, February 17, 2015, at 7:00 p.m. for Item 38: 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. HEARINGS AND RESOLUTIONS 39. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. 40. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 2050-2014 - USF.). 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) 41. REPORT OF THE JANUARY 27, 2015, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. 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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