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City Council Meeting

Regular Meeting

Sioux Falls, SD · April 19, 2016

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, April 19, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach 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 Mayor Mike T. Huether INVOCATION  Pastor Randy Gehring, Our Savior's Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS  Congenital Diaphragmatic Hernia Action Day - April 19, 2016 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, April 5, 2016, at 4 p.m.  City Council Meeting of Tuesday, April 5, 2016, at 7 p.m.  Informational Meeting of Tuesday, April 12, 2016, at 4 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the April 14, 2016, memo. 2. A memorandum dated March 31, 2016, declaring surplus property from 1995, 2003, 2009, and 2010. 3. A communication was received from Eugenio Moncada requesting permission to consume, but not sell, beer and champagne at The Multi-Cultural Center, 515 N. Main Avenue, on Saturday, May 7, 2016, pursuant to SDCL 35-1-5.5 for a Quinceanera event. 4. A communication was received from Dorothy Hickman, requesting permission to consume, but not sell, wine and beer at The Old Courthouse Museum, 200 W. 6th Street on Thursday, August 4, 2016, from 7 p.m. - 10 p.m., pursuant to SDCL 35- 1-1-5.5 for a rehearsal dinner. 5. Report of Requests for Quotes for Fuel dated: March 30, 2016; #2 Dyed Diesel Fuel; 15,000 gallons; Harms Oil ($1.2195); Stern Oil ($1.2324); Howes Oil ($1.2460); CHS, Inc. ($1.2770); Cole's Petroleum, Midwest Oil, Midway Service (Vollan), Olson Oil, all no bid. Bid awarded to Harms Oil. 6. Report of Requests for Quotes for Fuel dated: April 4, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.4356); Stern Oil ($1.4654); CHS, Inc. ($1.5125); Howes Oil, Coles Petroleum, Olson Oil and Vollan Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: April 12, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.6406); Howes Oil ($1.6435); Stern Oil ($1.6454); Cole's Petroleum ($1.6461); CHS, Inc. ($1.6790); Olson Oil and Vollan Oil, both no bid. Bid awarded to: Harms Oil. APPLICATIONS 8. Special One-Day Liquor License for Bates Enterprises to be operated at the Multi- Cultural Center, 515 North Main Avenue, for a wrestling event on May 20, 2016. 9. Special One-Day Liquor Licenses for Ovations Food Services, LP, to be operated at the Orpheum Theater, 315 North Phillips Avenue, for special events on July 8, August 19 and December 31, 2016. 10. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at the Washington Pavilion of Arts & Science, 301 South Main Avenue, for a wedding on October 28, 2016. 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: Items 11-15: The difference requested is between the elderly freeze and the non-elderly freeze. 11. Karen S. Hiller, 229 N. Meyer Lane, 2015 taxes in the amount of $105.73. 12. Dorothy N. Valland, 5405 W. 53rd Street, 2015 property tax in the amount of $669.42. 13. Marvin A. Menge, 605 S. Lyndale Avenue, 2015 taxes in the amount of $650.71. 14. Linda Pipgras, 921 S. Westmoor Drive, 2015 taxes in the amount of $85.10. 15. Donna M. Kohlmeyer, 3407 S. Goldenrod Lane, 2015 taxes in the amount of $1,015.31. The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux Falls: 16. Kingswood Development Corp, Parcel Number 280.50.16.A300, for 2015 in the amount of $.50. Reason: The City of Sioux Falls purchased on November 23, 2015. 17. Kingswood Development Corp., Parcel Number 281.44.00.100, for 2015 taxes in the amount of $12.20. The City of Sioux Falls purchased on November 23, 2015. 18. Western Hills, LLC, Parcel Number 281.60.12.001, for 2015 taxes in the amount of $683.52. The City of Sioux Falls purchased on August 13, 2015. 19. McDaniel Properties, LLC. Parcel Number 280.98.00.700, for 2015 taxes in the amount of $36.16. The City of Sioux Falls purchased on March 18, 2015. NOTICE OF HEARINGS Set a date of hearing for Tuesday, May 3, 2016, at 7 p.m. for Items 20 – 27: 20. New 2016 Retail Wine License for Last Stop CD Shop Inc., Last Stop CD Shop, 2121 East 10th Street, with Conditional Use Permit (4337-2016) being approved on April 6, 2016. 21. New 2015-16 Retail Malt Beverage License for Last Stop CD Shop Inc., Last Stop CD Shop, 2121 East 10th Street, with Conditional Use Permit (4337-2016) being approved on April 6, 2016. 22. Renewal of 2016-17 Retail Malt Beverage License for Last Stop CD Shop Inc., Last Stop CD Shop, 2121 East 10th Street. 23. Transfer of 2016 Retail Liquor License, with Sunday sales certificate, from Minerva Inc., Minerva’s, 301-307 South Phillips Avenue, to Vanguard Hospitality SF, Minerva’s, 301-307 South Phillips Avenue (CUP not required). 24. Transfer of 2016 Retail Liquor License, with Sunday sales certificate, from SRO Restaurants LLC, Grille 26, 1716 South Western Avenue, to Vanguard Hospitality SF, Grille 26, 1716 South Western Avenue (CUP not required). 25. Special One-Day Malt Beverage License for Special Olympics South Dakota to be operated at 8th and Railroad Shopping Center parking lot, 401 East 8th Street, for a fundraiser on May 14, 2016. 26. Special One-Day Malt Beverage and Special One-Day Wine License for Global Integrated Education Volunteer Association, Conscious Youth Solutions to be operated at the Non-Profit Center, 1000 North West Avenue, Suite 400, for a Ribbon Cutting on May 4, 2016. 27. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rick Kiley to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. PUBLIC INPUT Theresa Stehly spoke about utility rate increases and the second penny sales tax. Dan Daily spoke about water rates, the distribution of the money gained from the rate increases, the Elmwood Golf Course facility, and the competitive bid process. Bruce Danielson spoke about campaign finance laws, requesting copies of financial reports, and Project NICE/KEEP. Bob Kolbe spoke about: World War II and the Dakota History Club, the benefits of traveling, and thanked the City Council members for doing their civic duty. David Zokaites spoke about: civil rights, examples of police brutality, and read two quotes. Tim Stanga spoke about corrupt government, the number of first readings on tonight’s agenda, the proposed city administration building, and Council members giving money to Council Member candidates. Greg Neitzert spoke about the water rate increases, and looking for options for cutting expenses in other areas. UNFINISHED BUSINESS 28. New 2015-16 Retail Malt Beverage License for Z’Mariks LLC, Z’Mariks Noodle Café, 2300 South Minnesota Avenue, with Conditional Use Permit (4310-2016) being approved on March 3, 2016. 29. New 2016 Retail Wine License for Z’Mariks LLC, Z’Mariks Noodle Café, 2300 South Minnesota Avenue, with Conditional Use Permit (4310-2016) being approved on March 3, 2016. 30. New 2016 Retail Wine License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 7.5, 4713 East 26th Street, with Conditional Use Permit (2928-2015) being approved on August 5, 2015. 31. New 2016 Retail Wine License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. 32. New 2016-17 Retail Malt Beverage License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. 33. Transfer of 2016 Retail Liquor License, including Sunday sales certificate and video lottery terminals, from Behind the Bar Inc., Tinners, 449 West 69th Street, to Commonwealth Gaming & Holdings, Tinners, 449 West 69th Street, with Conditional Use Permit (4299-2016) being reviewed on April 6, 2016. 34. Transfer of 2015-16 Retail Malt Beverage License, with video lottery terminals, from Juan Padilla, El Jalapeno Mexican Grill, 2113 South Minnesota Avenue, to Juan Padilla, Casa Vieja Nightclub & Restaurant, 805 North West Avenue (CUP not required). Pending final inspections per Fire and Health. 35. New 2016 Retail Wine License, with video lottery terminals, for Juan Padilla, Casa Vieja Nightclub & Restaurant, 805 North West Avenue (CUP not required). Pending final inspections per Fire and Health. 36. Transfer of 2015-16 Retail Malt Beverage License from Guillermo Pedro, Mi Tierra Authentic Mexican Restaurant & Bakery, 337 South Phillips Avenue, to Guillermo Pedro, Mi Terra Authentic Mexican Restaurant & Bakery, 329 South Phillips Avenue (CUP not required). Pending final inspections per Fire and Health. 37. Transfer of 2015-16 Retail Malt Beverage License from Latitude 44 LLC, Latitude 44, 201 North Weber Avenue, to Fernson Taphouse LLC, Fernson on 8th, 201 North Weber Avenue (CUP not required). 38. Transfer of 2016 Retail Wine License from Latitude 44 LLC, Latitude 44, 201 North Weber Avenue, to Fernson Taphouse LLC, Fernson on 8th, 201 North Weber Avenue (CUP not required). 39. Special One-day Malt Beverage License for JAM Art & Supplies to be operated at Touchmark at All Saints, 111 West 17th Street, for the “Art Full” event on April 30, 2016. 40. Special One-Day Malt Beverage License for JAM Art & Supplies to be operated at Tower Park, 1000 North Main Avenue, for the “What’s Up?” event on June 18, 2016. 41. Special One-Day Malt Beverage Licenses for JAM Art & Supplies to be operated at Cherapa Place east parking lot, 300 North Cherapa Place, for the 605 Summer Classic on June 24 & 25, 2016. 42. Special One-Day Liquor License for Ramkota Companies Inc., Best Western Ramkota Hotel, to be operated at Avera Prairie Center, 1000 East 23rd Street, for a conference social on May 19, 2016. 43. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Ramkota Companies Inc., Best Western Ramkota Hotel, to be operated at Avera Prairie Center, 1000 East 23rd Street, for a retirement party on June 27, 2016. 44. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Special Olympics South Dakota to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for the Peach Festival on June 25 & 26, 2016. 45. Special One-Day Liquor License for TNT Entertainment LLC to be operated at 337 North Phillips Avenue (Albert House parking lot) for an outdoor concert on July 8, 2016. 46. 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, 605 Running Company, 124 South Phillips Avenue, A League of Your Own, 229 South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co, 319 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, East Bank Yoga, 401 East 8th Street #220, Exposure Gallery & Studios, 401 North Phillips Avenue, Great Outdoor Store, 201 East Tenth Street, Home Porch Gifts, 217 South Phillips Avenue, JAM Art & Supplies, 401 North Phillips Avenue, JH & Sons, 216 South Phillips Avenue, Lot 2029, 207 South Phillips Avenue, NV Studios, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street #114, Say Anything Jewelry, 225 South Phillips Avenue, S.H.U.E.S., 333 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sticks and Steel, 401 East 8th Street #118, Unglued, 218 South Phillips Avenue, Urban Archeology, 126 South Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, and Zandbroz Variety, 209 South Phillips Avenue, for the First Friday Wine Walk on May 6, 2016. 47. 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 on June 3, July 1, August 5, and September 2, 2016. 48. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at Avera Information Technology Center north parking lot, 212 East 11th Street, including Great Outdoor Store property and parking lot, 201 East 10th Street and Fort Sod Plaza, 201 South 2nd Avenue, for Rock Island Block Parties on June 16, July 21, and August 18, 2016. 49. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for Rooftop Cinema events on June 23, July 28 and August 25, 2016. 50. 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 13, 2016. 51. 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, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and south to Cherapa Place, for Downtown Riverfest on August 13, 2016. 52. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., to be operated at 4500 West 58th Street, for an open house event on May 3, 2016. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve Items: 28-30, 33-39, 41-44, 46-48, and 50-52. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Dean Karsky to defer Items 40 and 49 to the City Council Meeting on Tuesday, May 17, 2016, at 7 p.m. Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to approve Items 31 and 32. A substitute motion was made by Council Member Christine M. Erickson and seconded by Council Member Kenny Anderson Jr. to defer Items 31 and 32 to the City Council Meeting on Tuesday, May 3, 2016, at 7 p.m. Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve Item 45. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR AFFORDABLE HOUSING PROJECTS. Affordable Housing - CDBG Federal Grant Funds ($1,138,500); Affordable Housing - HOME Federal Grand Funds ($805,212); Affordable Housing - Nonfederal revolving funds ($389,153). A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 37-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 117: PEDDLERS AND VENDORS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Ordinance No. 38-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 55: 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES FOR CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 55. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 56: 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 98: HUMAN RELATIONS. A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday May 3, 2016, at 7 p.m. for Item 56. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., 7. Noes, 0. Council Member Christine M. Erickson was excused from the meeting and the vote on this item. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 57: 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50: UTILITIES GENERALLY, PERTAINING TO WATER SERVICE CONNECTIONS. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 57. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 58: 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CLARIFYING THE PROCEDURE FOR SANITARY SEWER COST RECOVERY ASSESSMENTS. 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, May 3, 2016, at 7 p.m. for Item 58. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 59: 59. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONFIRMING THE REGIONAL WASTEWATER RATES, SURCHARGES, AND FEES CHARGED TO THE CITY OF BRANDON. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 59. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 60: 60. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 51 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO ELECTRIC RATES. A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 60. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 61: 61. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 51.100(b)(4) OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO STORM DRAINAGE FEES. 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, May 3, 2016, at 7 p.m. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, 7. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 62: 62. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTIONS 51.046 THROUGH 51.050 AND 51.053 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO WATER CHARGES. A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 62. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kenny Anderson Jr., Christine M. Erickson, 7. Noes, Kermit L. Staggers, 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 63: 63. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTIONS 51.081 AND 51.081.01 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO WASTEWATER CHARGES. 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, May 3, 2016, at 7 p.m. for Item 63. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 64: 64. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE CITY FOR OFF-STREET PARKING CALCULATION TABLES. Planning Commission recommends approval. A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 64. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 65: 65. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2010 W. RUSSELL ST. FROM THE CN CONSERVATION DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, PETITION NO. 2884-2015, 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 Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 65. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 66: 66. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF E. 41ST ST. AND EAST OF S. LINEDRIVE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4160-2016, 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 Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 66. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 67: 67. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2809 S. JONATHON LANE FROM THE RR SINGLE-FAMILY RESIDENTIAL - RURAL DISTRICT TO THE RS SINGLE- FAMILY RESIDENTIAL - SUBURBAN DISTRICT INCLUDING CONDITIONS AS ALLOWED IN SECTION 160.650 (E) PLACING LIMITATIONS ON THE DD2 FORM, PETITION NO. 4172-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval subject to the following bulk regulation conditions: Required Lot Width: 80'. Required Front Yard: 30'* (*one required front yard can be reduced to 25' on a corner lot) and Required Side Yard: 15'. Required Rear Yard: 40'. Maximum Height: 35'. A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 67. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 68: 68. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2309 S. ELMWOOD AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4180-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 68. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 69: 69. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF I-229 AND SOUTH OF E. BENSON RD. FROM THE AG AGRICULTURE AND CN CONSERVATION DISTRICTS TO THE CN CONSERVATION AND I-2 HEAVY INDUSTRIAL DISTRICTS, PETITION NO. 4192-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 69. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 70: 70. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF N. DAKOTA AVE. AND SOUTH OF W. WALNUT ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL— TRADITIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 4231-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 70. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 71: 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 525 S. HOLLY AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4278-2016, 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 Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 71. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 72: 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1800 E. MULBERRY ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4301-2016, 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 set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 72. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 73: 73. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 621 W. RUSSELL ST. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 4308-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Dean Karsky and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 73. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 74: 74. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1304 AND 1305 N. CLEVELAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE I-1 LIGHT INDUSTRIAL AND CN CONSERVATION DISTRICT, PETITION NO. 4329-2016, 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 Michelle Erpenbach to set a date a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 74. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 75: 75. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF W. 26TH ST. AND WEST OF S. KATIE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION NO. 4331-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Dean Karsky and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 75. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 76: 76. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 7900 S. BRANDE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4332-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Greg Jamison and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 76. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 77: 77. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3700 AND 3800 W. TICKMAN ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, PETITION NO. 4339-2016, 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 set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 77. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 78: 78. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 515 S. CONKLIN AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4344-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. A motion was made by Council Member Dean Karsky and seconded by Council Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 78. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 79. A RESOLUTION AMENDING THE 2016-2020 CAPITAL PROGRAM. (Parks and Recreation - $12,000) A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 32-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 32-16 A RESOLUTION AMENDING THE 2016-2020 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2016–2020 Capital Program shall be amended as follows: Parks & Recreation Amend the Other Capital Expenditures Program by adding a kiosk for Veterans Park in 2016. The estimated cost is $12,000. This will be funded by the Sales/Use Tax Fund via donations from the Veterans Park Advisory Board. It will not require an increase in appropriations as it will be funded with savings from other park equipment purchased in 2016. Date adopted: 04/19/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 80. A RESOLUTION FINDING THAT THE PROPOSED HOTEL AND RESTAURANT TO BE LOCATED AT ELMWOOD GOLF COURSE CONSTITUTES AN APPROPRIATE PARK PURPOSE. A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Resolution No. 33-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 33-16 A RESOLUTION FINDING THAT THE PROPOSED HOTEL AND RESTAURANT TO BE LOCATED AT ELMWOOD GOLF COURSE CONSTITUTES AN APPROPRIATE PARK PURPOSE. WHEREAS, Elmwood Hospitality LLC submitted a proposal to lease approximately 4 acres of land located on the Elmwood Golf Course as depicted in Exhibit A which attached hereto and made a part of this Resolution for the purpose of constructing and operating a hotel and adjoining restaurant. The hotel/restaurant development concept includes approximately 110 hotel rooms, restaurant seating for 200, and conference capacity of about 300; and WHEREAS, SDCL 9-38-35 allows structures to be built in parks under the control of the Parks and Recreation Board if it is for a park purpose; and WHEREAS, the Parks and Recreation Board met on April 19, 2016, to consider whether the proposed hotel/restaurant development concept would be beneficial and consistent with park usage; and WHEREAS, the Parks and Recreation Board determined the proposed hotel/restaurant development concept would be beneficial and consistent with park usage. In support of this determination the Board found that one, all or any combination of the following factors support a park purpose: 1. New golf course revenues that will be generated through the lease of the property will be used to benefit the City golf courses, including Elmwood Golf Course. 2. Potential increase in number of users at the Elmwood Golf Course. 3. Cross marketing opportunities, such as stay and play packages, between the hotel/restaurant and the golf course management, which will enhance the patron experience at Elmwood Golf Course. 4. Space will be made available within the hotel/restaurant for golf-themed uses, which may include the First Tee program and/or the South Dakota Golf Hall of Fame. 5. The enhanced golf experience with the convenience of a full-service hotel and restaurant on the golf course property. 6. The cart path connectivity between the clubhouse and the hotel/restaurant that will provide a level of service not currently available onsite at Elmwood Golf Course; and WHEREAS, the addition of a hotel/restaurant on the historic Elmwood Golf Course property is a complimentary and enhanced golf experience supported by the golfing public. Elmwood is a historic course with an 18-hole championship course in addition to a 9-hole East Course, large capacity driving range, and an extensive instructional golf program to include a 5-hole junior course; and WHEREAS, the Parks and Recreation Board recommended approval that the proposed hotel/restaurant development concept is an appropriate park purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the recitals above are adopted as findings and are incorporated herein by reference. 2. That the hotel/restaurant concept does constitute an appropriate park purpose. Date adopted: 04/19/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 81. A RESOLUTION DISCONTINUING ROUTES 21, 23, 24, AND 25 SERVING SIOUX FALLS PUBLIC HIGH SCHOOLS. A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 34-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 34-16 A RESOLUTION DISCONTINUING ROUTES 21, 23, 24, AND 25 SERVING SIOUX FALLS PUBLIC HIGH SCHOOLS. WHEREAS, Sioux Area Metro (SAM) has been providing school tripper services for all three Sioux Falls public high schools; WHEREAS, school tripper services have been an important and efficient way to get high school students to school; WHEREAS, SAM and the City of Sioux Falls can no longer sustain the tripper services due to limited resources for capital and operational expenses; and therefore, must prioritize core SAM services which include regular fixed-route and paratransit services; WHEREAS, the Sioux Falls School District has agreed to operate the tripper routes through School Bus Inc.; WHEREAS, the Sioux Falls School District will charge a fee for high school students to utilize the new School Bus Inc. services. WHEREAS, SAM and the City of Sioux Falls have agreed to allow Sioux Falls High School students with a School Bus Inc. pass to also ride on any SAM bus route to complete their trips; WHEREAS, a public hearing was held during a meeting of the Public Transit Advisory Board in which public input was heard and the Board recommended to discontinue the tripper routes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That based upon an agreement with the Sioux Falls School District, Sioux Area Metro Routes 21, 23, 24, and 25 will be discontinued and SAM will then in return allow Sioux Falls High School students with a School Bus Inc. pass to ride on SAM bus routes. Date adopted: 04/19/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 82. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN LOT 10, BLOCK 1 OF STONE POINTE AT 57TH, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 35-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 35-16 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN LOT 10, BLOCK 1 OF STONE POINTE AT 57TH, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent utility easement was established by plat and filed in Book 9 of Plats on page 83 in the office of the Register of Deeds for Lincoln County, SD, on June 3, 2015; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 10, Block 1 of Stone Pointe at 57th , an Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 04/19/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk NEW BUSINESS 83. MOTION TO CANVASS THE APRIL 12, 2016 ELECTION RETURNS PURSUANT TO SDCL 9-13-24, DECLARE THE RESULT, AND ENTER THE RESULT IN THE JOURNAL (MINUTES). Mayor Mike Huether recognized the following Councilor-Elects in the audience: Marshall Selberg (Southwest District); Greg Neitzert (Northwest District); and Pat Starr (Northeast District). A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to canvass the April 12, 2016, election returns pursuant to SDCL 9- 13-24, declare the result, and enter the result in the Journal (minutes). Vote to approve the canvassing report: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adjourn at 9:38 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Tamara Jorgensen, MMC 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. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. 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 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 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 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 A.M. ON THURSDAYS, AND 6 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8 A.M. ON THURSDAYS, AND 5 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10 A.M. ON THURSDAYS, AND 7 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 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, April 19, 2016 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Michelle Erpenbach 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 Mayor Mike T. Huether INVOCATION ● Pastor Randy Gehring, Our Savior's Lutheran Church PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Congenital Diaphragmatic Hernia Action Day – April 19, 2016 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, April 5, 2016, at 4 p.m. ● City Council Meeting of Tuesday, April 5, 2016, at 7 p.m. ● Informational Meeting of Tuesday, April 12, 2016, at 4 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the April 14, 2016, memo. 2. A memorandum dated March 31, 2016, declaring surplus property from 1995, 2003, 2009, and 2010. 3. A communication was received from Eugenio Moncada requesting permission to consume, but not sell, beer and champagne at The Multi-Cultural Center, 515 N. Main Avenue, on Saturday, May 7, 2016, pursuant to SDCL 35-1-5.5 for a Quinceanera event. 4. A communication was received from Dorothy Hickman, requesting permission to consume, but not sell, wine and beer at The Old Courthouse Museum, 200 W. 6th Street on Thursday, August 4, 2016, from 7 p.m. - 10 p.m., pursuant to SDCL 35- 1-1-5.5 for a rehearsal dinner. 5. Report of Requests for Quotes for Fuel dated: March 30, 2016; #2 Dyed Diesel Fuel; 15,000 gallons; Harms Oil ($1.2195); Stern Oil ($1.2324); Howes Oil ($1.2460); CHS, Inc. ($1.2770); Cole's Petroleum, Midwest Oil, Midway Service (Vollan), Olson Oil, all no bid. Bid awarded to Harms Oil. 6. Report of Requests for Quotes for Fuel dated: April 4, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.4356); Stern Oil ($1.4654); CHS, Inc. ($1.5125); Howes Oil, Coles Petroleum, Olson Oil and Vollan Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: April 12, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.6406); Howes Oil ($1.6435); Stern Oil ($1.6454); Cole's Petroleum ($1.6461); CHS, Inc. ($1.6790); Olson Oil and Vollan Oil, both no bid. Bid awarded to: Harms Oil. APPLICATIONS 8. Special One-Day Liquor License for Bates Enterprises to be operated at the Multi- Cultural Center, 515 North Main Avenue, for a wrestling event on May 20, 2016. 9. Special One-Day Liquor Licenses for Ovations Food Services, LP, to be operated at the Orpheum Theater, 315 North Phillips Avenue, for special events on July 8, August 19 and December 31, 2016. 10. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at the Washington Pavilion of Arts & Science, 301 South Main Avenue, for a wedding on October 28, 2016. 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: Items 11-15: The difference requested is between the elderly freeze and the non-elderly freeze. 11. Karen S. Hiller, 229 N. Meyer Lane, 2015 taxes in the amount of $105.73. 12. Dorothy N. Valland, 5405 W. 53rd Street, 2015 property tax in the amount of $669.42. 13. Marvin A. Menge, 605 S. Lyndale Avenue, 2015 taxes in the amount of $650.71. 14. Linda Pipgras, 921 S. Westmoor Drive, 2015 taxes in the amount of $85.10. 15. Donna M. Kohlmeyer, 3407 S. Goldenrod Lane, 2015 taxes in the amount of $1,015.31. The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux Falls: 16. Kingswood Development Corp, Parcel Number 280.50.16.A300, for 2015 in the amount of $.50. Reason: The City of Sioux Falls purchased on November 23, 2015. 17. Kingswood Development Corp., Parcel Number 281.44.00.100, for 2015 taxes in the amount of $12.20. The City of Sioux Falls purchased on November 23, 2015. 18. Western Hills, LLC, Parcel Number 281.60.12.001, for 2015 taxes in the amount of $683.52. The City of Sioux Falls purchased on August 13, 2015. 19. McDaniel Properties, LLC. Parcel Number 280.98.00.700, for 2015 taxes in the amount of $36.16. The City of Sioux Falls purchased on March 18, 2015. NOTICE OF HEARINGS Set a date of hearing for Tuesday, May 3, 2016, at 7 p.m. for Items 20 – 27: 20. New 2016 Retail Wine License for Last Stop CD Shop Inc., Last Stop CD Shop, 2121 East 10th Street, with Conditional Use Permit (4337-2016) being approved on April 6, 2016. 21. New 2015-16 Retail Malt Beverage License for Last Stop CD Shop Inc., Last Stop CD Shop, 2121 East 10th Street, with Conditional Use Permit (4337-2016) being approved on April 6, 2016. 22. Renewal of 2016-17 Retail Malt Beverage License for Last Stop CD Shop Inc., Last Stop CD Shop, 2121 East 10th Street. 23. Transfer of 2016 Retail Liquor License, with Sunday sales certificate, from Minerva Inc., Minerva’s, 301-307 South Phillips Avenue, to Vanguard Hospitality SF, Minerva’s, 301-307 South Phillips Avenue (CUP not required). 24. Transfer of 2016 Retail Liquor License, with Sunday sales certificate, from SRO Restaurants LLC, Grille 26, 1716 South Western Avenue, to Vanguard Hospitality SF, Grille 26, 1716 South Western Avenue (CUP not required). 25. Special One-Day Malt Beverage License for Special Olympics South Dakota to be operated at 8th and Railroad Shopping Center parking lot, 401 East 8th Street, for a fundraiser on May 14, 2016. 26. Special One-Day Malt Beverage and Special One-Day Wine License for Global Integrated Education Volunteer Association, Conscious Youth Solutions to be operated at the Non-Profit Center, 1000 North West Avenue, Suite 400, for a Ribbon Cutting on May 4, 2016. 27. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 28. New 2015-16 Retail Malt Beverage License for Z’Mariks LLC, Z’Mariks Noodle Café, 2300 South Minnesota Avenue, with Conditional Use Permit (4310-2016) being approved on March 3, 2016. 29. New 2016 Retail Wine License for Z’Mariks LLC, Z’Mariks Noodle Café, 2300 South Minnesota Avenue, with Conditional Use Permit (4310-2016) being approved on March 3, 2016. 30. New 2016 Retail Wine License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 7.5, 4713 East 26th Street, with Conditional Use Permit (2928-2015) being approved on August 5, 2015. 31. New 2016 Retail Wine License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. 32. New 2016-17 Retail Malt Beverage License, including video lottery terminals, for Commonwealth Gaming & Holdings, Deuces Casino 3.5, 5115 East Arrowhead Parkway, with Conditional Use Permit (4148-2016) being approved on March 3, 2016. Pending final inspections per Fire, Health and Building Services. 33. Transfer of 2016 Retail Liquor License, including Sunday sales certificate and video lottery terminals, from Behind the Bar Inc., Tinners, 449 West 69th Street, to Commonwealth Gaming & Holdings, Tinners, 449 West 69th Street, with Conditional Use Permit (4299-2016) being reviewed on April 6, 2016. 34. Transfer of 2015-16 Retail Malt Beverage License, with video lottery terminals, from Juan Padilla, El Jalapeno Mexican Grill, 2113 South Minnesota Avenue, to Juan Padilla, Casa Vieja Nightclub & Restaurant, 805 North West Avenue (CUP not required). Pending final inspections per Fire and Health. 35. New 2016 Retail Wine License, with video lottery terminals, for Juan Padilla, Casa Vieja Nightclub & Restaurant, 805 North West Avenue (CUP not required). Pending final inspections per Fire and Health. 36. Transfer of 2015-16 Retail Malt Beverage License from Guillermo Pedro, Mi Tierra Authentic Mexican Restaurant & Bakery, 337 South Phillips Avenue, to Guillermo Pedro, Mi Terra Authentic Mexican Restaurant & Bakery, 329 South Phillips Avenue (CUP not required). Pending final inspections per Fire and Health. 37. Transfer of 2015-16 Retail Malt Beverage License from Latitude 44 LLC, Latitude 44, 201 North Weber Avenue, to Fernson Taphouse LLC, Fernson on 8th, 201 North Weber Avenue (CUP not required). 38. Transfer of 2016 Retail Wine License from Latitude 44 LLC, Latitude 44, 201 North Weber Avenue, to Fernson Taphouse LLC, Fernson on 8th, 201 North Weber Avenue (CUP not required). 39. Special One-day Malt Beverage License for JAM Art & Supplies to be operated at Touchmark at All Saints, 111 West 17th Street, for the “Art Full” event on April 30, 2016. 40. Special One-Day Malt Beverage License for JAM Art & Supplies to be operated at Tower Park, 1000 North Main Avenue, for the “What’s Up?” event on June 18, 2016. 41. Special One-Day Malt Beverage Licenses for JAM Art & Supplies to be operated at Cherapa Place east parking lot, 300 North Cherapa Place, for the 605 Summer Classic on June 24 & 25, 2016. 42. Special One-Day Liquor License for Ramkota Companies Inc., Best Western Ramkota Hotel, to be operated at Avera Prairie Center, 1000 East 23rd Street, for a conference social on May 19, 2016. 43. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Ramkota Companies Inc., Best Western Ramkota Hotel, to be operated at Avera Prairie Center, 1000 East 23rd Street, for a retirement party on June 27, 2016. 44. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Special Olympics South Dakota to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for the Peach Festival on June 25 & 26, 2016. 45. Special One-Day Liquor License for TNT Entertainment LLC to be operated at 337 North Phillips Avenue (Albert House parking lot) for an outdoor concert on July 8, 2016. 46. 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, 605 Running Company, 124 South Phillips Avenue, A League of Your Own, 229 South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co, 319 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, East Bank Yoga, 401 East 8th Street #220, Exposure Gallery & Studios, 401 North Phillips Avenue, Great Outdoor Store, 201 East Tenth Street, Home Porch Gifts, 217 South Phillips Avenue, JAM Art & Supplies, 401 North Phillips Avenue, JH & Sons, 216 South Phillips Avenue, Lot 2029, 207 South Phillips Avenue, NV Studios, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street #114, Say Anything Jewelry, 225 South Phillips Avenue, S.H.U.E.S., 333 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sticks and Steel, 401 East 8th Street #118, Unglued, 218 South Phillips Avenue, Urban Archeology, 126 South Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, and Zandbroz Variety, 209 South Phillips Avenue, for the First Friday Wine Walk on May 6, 2016. 47. 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 on June 3, July 1, August 5, and September 2, 2016. 48. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at Avera Information Technology Center north parking lot, 212 East 11th Street, including Great Outdoor Store property and parking lot, 201 East 10th Street and Fort Sod Plaza, 201 South 2nd Avenue, for Rock Island Block Parties on June 16, July 21, and August 18, 2016. 49. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th Street, for Rooftop Cinema events on June 23, July 28 and August 25, 2016. 50. 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 13, 2016. 51. 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, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and south to Cherapa Place, for Downtown Riverfest on August 13, 2016. 52. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., to be operated at 4500 West 58th Street, for an open house event on May 3, 2016. INTRODUCTION AND ADOPTION OF ORDINANCES 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR AFFORDABLE HOUSING PROJECTS. Affordable Housing - CDBG Federal Grant Funds ($1,138,500); Affordable Housing - HOME Federal Grand Funds ($805,212); Affordable Housing - Nonfederal revolving funds ($389,153). 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 117: PEDDLERS AND VENDORS. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 55: 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES FOR CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 56: 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 98: HUMAN RELATIONS. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 57: 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50: UTILITIES GENERALLY, PERTAINING TO WATER SERVICE CONNECTIONS. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 58: 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CLARIFYING THE PROCEDURE FOR SANITARY SEWER COST RECOVERY ASSESSMENTS. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 59: 59. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONFIRMING THE REGIONAL WASTEWATER RATES, SURCHARGES, AND FEES CHARGED TO THE CITY OF BRANDON. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 60: 60. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 51 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO ELECTRIC RATES. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 61: 61. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 51.100(b)(4) OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO STORM DRAINAGE FEES. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 62: 62. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTIONS 51.046 THROUGH 51.050 AND 51.053 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO WATER CHARGES. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 63: 63. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTIONS 51.081 AND 51.081.01 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO WASTEWATER CHARGES. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 64: 64. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE CITY FOR OFF-STREET PARKING CALCULATION TABLES. Planning Commission recommends approval. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 65: 65. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2010 W. RUSSELL ST. FROM THE CN CONSERVATION DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, PETITION NO. 2884-2015, 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, May 3, 2016, at 7 p.m. for Item 66: 66. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF E. 41ST ST. AND EAST OF S. LINEDRIVE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4160-2016, 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, May 3, 2016, at 7 p.m. for Item 67: 67. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2809 S. JONATHON LANE FROM THE RR SINGLE-FAMILY RESIDENTIAL - RURAL DISTRICT TO THE RS SINGLE- FAMILY RESIDENTIAL - SUBURBAN DISTRICT INCLUDING CONDITIONS AS ALLOWED IN SECTION 160.650 (E) PLACING LIMITATIONS ON THE DD2 FORM, PETITION NO. 4172-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval subject to the following bulk regulation conditions: Required Lot Width: 80'. Required Front Yard: 30'* (*one required front yard can be reduced to 25' on a corner lot) and Required Side Yard: 15'. Required Rear Yard: 40'. Maximum Height: 35'. Set a date of hearing and 2nd Reading for Tuesday, May 3, 2016, at 7 p.m. for Item 68: 68. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2309 S. ELMWOOD AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4180-2016, 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, May 3, 2016, at 7 p.m. for Item 69: 69. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF I-229 AND SOUTH OF E. BENSON RD. FROM THE AG AGRICULTURE AND CN CONSERVATION DISTRICTS TO THE CN CONSERVATION AND I-2 HEAVY INDUSTRIAL DISTRICTS, PETITION NO. 4192-2016, 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, May 3, 2016, at 7 p.m. for Item 70: 70. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY EAST OF N. DAKOTA AVE. AND SOUTH OF W. WALNUT ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL— TRADITIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 4231-2016, 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, May 3, 2016, at 7 p.m. for Item 71: 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 525 S. HOLLY AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4278-2016, 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, May 3, 2016, at 7 p.m. for Item 72: 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1800 E. MULBERRY ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4301-2016, 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, May 3, 2016, at 7 p.m. for Item 73: 73. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 621 W. RUSSELL ST. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 4308-2016, 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, May 3, 2016, at 7 p.m. for Item 74: 74. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1304 AND 1305 N. CLEVELAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE I-1 LIGHT INDUSTRIAL AND CN CONSERVATION DISTRICT, PETITION NO. 4329-2016, 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, May 3, 2016, at 7 p.m. for Item 75: 75. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF W. 26TH ST. AND WEST OF S. KATIE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION NO. 4331-2016, 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, May 3, 2016, at 7 p.m. for Item 76: 76. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 7900 S. BRANDE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4332-2016, 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, May 3, 2016, at 7 p.m. for Item 77: 77. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3700 AND 3800 W. TICKMAN ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, PETITION NO. 4339-2016, 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, May 3, 2016, at 7 p.m. for Item 78: 78. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 515 S. CONKLIN AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 4344-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. HEARINGS AND RESOLUTIONS 79. A RESOLUTION AMENDING THE 2016-2020 CAPITAL PROGRAM. (Parks and Recreation - $12,000) 80. A RESOLUTION FINDING THAT THE PROPOSED HOTEL AND RESTAURANT TO BE LOCATED AT ELMWOOD GOLF COURSE CONSTITUTES AN APPROPRIATE PARK PURPOSE. 81. A RESOLUTION DISCONTINUING ROUTES 21, 23, 24, AND 25 SERVING SIOUX FALLS PUBLIC HIGH SCHOOLS. 82. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN LOT 10, BLOCK 1 OF STONE POINTE AT 57TH, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. NEW BUSINESS 83. MOTION TO CANVASS THE APRIL 12, 2016 ELECTION RETURNS PURSUANT TO SDCL 9-13-24, DECLARE THE RESULT, AND ENTER THE RESULT IN THE JOURNAL (MINUTES). 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. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. 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 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 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 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 A.M. ON THURSDAYS, AND 6 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8 A.M. ON THURSDAYS, AND 5 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10 A.M. ON THURSDAYS, AND 7 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

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