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City Council Meeting

Regular Meeting

Sioux Falls, SD · August 16, 2016

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 16, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Mayor Mike T. Huether INVOCATION  Pastor Wade Coffey, Celebrate Community Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Pat Starr and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to amend Item 1 by removing project numbers: 11080, North Marion Road Grading and Utility improvements; Agreement for professional services and 11063, 12th Street Bridge Replacement; Amendment to professional services agreement. Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Vote to approve as amended: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. MINUTES  Budget Hearings Meeting of Tuesday, August 9, 2016, at 3 p.m.  City Council Meeting of Tuesday, August 9, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 12, 2016, memo. 2. Approval of the notice of change orders on the August 12, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: August 1, 2016; #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($1.7099); Harms Oil ($1.6682); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: August 2, 2016; #2 Dyed Diesel; 3,000 gallons; Howes Oil ($1.549); Midwest Oil ($1.679); Midway Service ($1.490). Bid awarded to: Midway Service. 5. Report of Requests for Quotes for Fuel dated: August 4, 2016; #2 Dyed Diesel; 7,500 gallons; Harms Oil ($1.4058); Stern Oil ($1.4109); Cole’s Petroleum ($1.4112); CHS, Inc. ($1.4475); Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Harms Oil. 6. Report of Requests for Quotes for Fuel dated: August 4, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.6575); Stern Oil ($1.6641); Cole’s Petroleum ($1.6665); Midway (Vollan) Oil ($1.6693); CHS, Inc. ($1.7099); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: August 9, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Midway Service ($1.7089); Harms Oil ($1.7125); Stern Oil ($1.7137); Cole’s Petroleum ($1.7245); CHS, Inc. ($1.7499); Howes Oil and Olson Oil, both no bid. Bid awarded to: Midway Service. 8. Report of Requests for Quotes for Fuel dated: August 9, 2016; #2 Dyed Diesel; 7,500 gallons; Stern Oil ($1.4612); Harms Oil ($1.4765); Cole’s Petroleum ($1.4770); CHS, Inc. ($1.4925); Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. APPLICATIONS 9. 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 August 18, 2016. NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 6, 2016, for Items 10 through 16: 10. New 2016-17 Package Malt Beverage/South Dakota Farm Winery license for Hair & Hair, Hampton Inn, 2417 South Carolyn Avenue. 11. New 2016 Retail Wine license for JSM Investments Inc., Benji’s Casino, 5422 East Arrowhead Parkway (CUP not required). 12. New 2016-17 Retail Malt Beverage license for JSM Investments Inc., Benji’s Casino, 5422 East Arrowhead Parkway (CUP not required). 13. Request to include video lottery terminals with the new 2016-17 Retail Malt Beverage license for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead Parkway. 14. Transfer of 2016 Retail Liquor license, with Sunday sales and video lottery terminals, from Sport Zone Inc., Rookies Sports Bar and Grill, 2616 South Louise Avenue, to Sickies ND, Inc., Sickies Garage, 2616 South Louise Avenue (CUP not required). 15. 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, A League of Your Own, 229 South Phillips Avenue, American State Bank, 223 South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co., 319 South Phillips Avenue, Calvary Cathedral, 500 South Main Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Half Baked, 120 South Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, J.H. & Sons, 216 South Phillips Avenue, JAM Art & Supplies, 401 North Phillips Avenue, Juliana’s Boutique La Femme, 196 East 6th Street #100, Lillian’s, 311 South Phillips Avenue, NV Studios, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, S.H.U.E.S., 333 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sioux Falls Design Center, 108 West 11th Street, Sticks and Steel, 401 East 8th Street #118, Unglued, 218 South Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, and Zandbroz Variety, 209 South Phillips Avenue, for the First Friday Wine Walk on October 7, 2016. 16. Special One-Day Malt Beverage and Special One-Day Wine licenses for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue, for History Happy Hour programs on September 22 and October 27, 2016. Set a date of hearing for Tuesday, September 13, 2016, for Item 17: 17. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017, AND THE 2017-2021 CAPITAL PROGRAM. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. PUBLIC INPUT Scott Ehrisman discussed quality of life, wages, and living wages in the city; unauthorized swimming at the MIDCO Aquatic Center; and public participation in the city's political process. Mary Scheel-Buysse discussed the legislative history of the City Administration Building bond ordinance and requested that the ordinance go to a vote of the city. Bruce Danielson discussed state law regarding the initiative process, the ongoing petition drive, the timing of bond sales, and encouraged the setting of a date for an election. Council Chair Rex Rolfing reminded the audience of the ordinance regarding addressing the council. Manny Steele discussed any forthcoming votes regarding the City Administration Building. Tim Stanga discussed professionalism and the sentiment of the people. UNFINISHED BUSINESS 18. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals, from Paradise Management Inc., Paradise Casino, 5109 West 12th Street, to Crown Gaming Inc., Paradise Casino, 5109 West 12th Street. 19. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals, from Paradise Management Inc., Paradise East Casino, 1914 South Sycamore Avenue, Suite 106, to Crown Gaming Inc., Paradise East Casino, 1914 South Sycamore Avenue, Suite 106. 20. New 2016 Package Liquor license for MF Spot Inc., The Barrel House, 4701 East 54th Street. Pending final inspections per Fire, Health, and Building Services. 21. Transfer of 2016 Retail Liquor license, with Sunday sales certificate and video lottery terminals, from Westwinds Casino Inc., Westwinds Casino, 4615 West Homefield Drive, to Westwinds Casino Inc., Westwinds Casino, 4609 West Homefield Drive. 22. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #4, 1900 South Marion Road, with conditional use permit (5165-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 23. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #4, 1900 South Marion Road, with conditional use permit (5165-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 24. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #1, 1601 South Sycamore Avenue, with conditional use permit (4834-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 25. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #1, 1601 South Sycamore Avenue, with conditional use permit (4834-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 26. New 2016-17 Retail Malt Beverage license for Burrito Brothers Inc., Pancheros Mexican Grill, 4824 South Louise Avenue, with the conditional use permit (4833- 2016) being approved on July 6, 2016. Pending final inspections per Fire, Health and Building Services. 27. Special One-Day Malt Beverage and Special One-Day Wine licenses for Sanford Health to be operated at 2301 East 60th Street North, for a private event on August 23, 2016. 28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Plaza Inc., to be operated at the Falls Park Horse Barn, 309 East Falls Park Drive, for a fundraiser on September 20, 2016. 29. Special One-Day Malt Beverage license for The Banquet to be operated at Cliff Avenue Greenhouse and Garden Center, 2101 East 26th Street, for a Project SOS fundraiser on October 6, 2016. 30. Special One-Day Malt Beverage and Special One-Day Wine licenses for Catering America Inc. to be operated at Orthopedic Institute Auditorium, 810 East 23rd Street, for a holiday party on December 1, 2016. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to approve Items 18 through 30. Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 8301 W. 48TH ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4486-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, for Item 31. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 5801 W. CHRISTOPHER PL. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 5303-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, for Item 32. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1122 E. 8TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5250-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, for Item 33. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITIES REVENUE REFUNDING BONDS (DOW RUMMEL VILLAGE PROJECT), SERIES 2016, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO BE LOANED TO DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT CORPORATION, FOR THE PURPOSE OF REFUNDING OUTSTANDING BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, A MORTGAGE—ONE HUNDRED EIGHTY-DAY REDEMPTION, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND A TAX REGULATORY AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND CERTAIN RELATED DOCUMENTS; MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF THE BONDS. A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, for Item 34. Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 35. PUBLIC HEARING FOR PUBLIC INPUT REGARDING THE PROPOSAL TO ISSUE REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000 (THE “BONDS”), PURSUANT TO SOUTH DAKOTA CODIFIED LAWS, CHAPTER 9-54, AS AMENDED (THE “ACT”), IN ORDER TO REFINANCE A PROJECT ON BEHALF OF DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT CORPORATION FORMERLY KNOWN AS RUMMEL MEMORIAL HOME, INC. (THE “CORPORATION”), WHICH OPERATES NURSING HOME, HEALTHCARE, AND HOUSING FACILITIES FOR THE ELDERLY IN SIOUX FALLS, SOUTH DAKOTA. See Agenda Item 34. There was no public input 36. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE OFFICE OF ATTORNEY GENERAL DIVISION OF CRIMINAL INVESTIGATION, MINNEHAHA COUNTY SHERIFF’S OFFICE, AND THE SIOUX FALLS POLICE DEPARTMENT SIOUX FALLS AREA DRUG TASK FORCE. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 83-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 83-16 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE OFFICE OF ATTORNEY GENERAL DIVISION OF CRIMINAL INVESTIGATION, MINNEHAHA COUNTY SHERIFF’S OFFICE, AND THE SIOUX FALLS POLICE DEPARTMENT SIOUX FALLS AREA DRUG TASK FORCE. WHEREAS, it appears appropriate that the Office of Attorney General Division of Criminal Investigation, Minnehaha County Sheriff’s Office, and the Sioux Falls Police Department Sioux Falls Area Drug Task Force enter into a joint powers agreement setting forth the responsibilities of each agency as they relate to the continuing operation of the Sioux Falls Area Drug Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Mayor of Sioux Falls be authorized to execute the joint powers agreement regarding the continued operation of the Sioux Falls Area Drug Task Force, a copy of which is attached hereto and incorporated herein by this reference. Date adopted: 08/16/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 37. A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT SHELVING AND FOUR CHILDREN’S TABLES TO THE GARRETSON SCHOOL DISTRICT. A motion was made by Council Member Greg Neitzert and seconded by Council Member Pat Starr to adopt said Resolution No. 84-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 84-16 A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT SHELVING AND FOUR CHILDREN’S TABLES TO THE GARRETSON SCHOOL DISTRICT. WHEREAS, the Siouxland Libraries has declared as surplus shelving and four children’s tables; and WHEREAS, the Garretson School District in Garretson, SD, finds it desirable to acquire the above-described surplus property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by Siouxland Libraries to the Garretson School District of the following surplus property:  Shelving; and  Four children’s tables is hereby approved. Date adopted: 08/16/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 38. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT 20 SETS OF FIRE TURNOUT GEAR TO THE HENRY, SD, FIRE DEPARTMENT. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 85-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 85-16 A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT 20 SETS OF FIRE TURNOUT GEAR TO THE HENRY, SD, FIRE DEPARTMENT. WHEREAS, Sioux Falls Fire Rescue has declared as surplus 20 sets of fire turnout gear; and WHEREAS, the Henry Fire Department located in Henry, SD, finds it desirable to acquire the above-described surplus property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by Sioux Falls Fire Rescue to the Henry Fire Department of the following surplus property:  20 sets of fire turnout gear is hereby approved. Date adopted: 08/16/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 39. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to adopt said Resolution No. 86-16. Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0. Motion Passed. RESOLUTION NO. 86-16 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Rob Collins Board of Historic Appointed for a term from Preservation August 2016 to August 2019 (to replace Dixie Hieb). Tedd Hurt Board of Museum Trustees Appointed for a term from August 2016 to August 2019 (to replace Robert Kolbe). Allison Struck Board of Museum Trustees Appointed for a term from August 2016 to August 2019 (to replace Virgil Andersen.) Allison Dvorak Building Board of Appeals Reappointed for a term from August 2016 to August 2019. Brad Shoup Electrical Board of Appointed for a term from Appeals and Examiners August 2016 to August 2019 (to replace Darrell Bren.) Lester Kinstad Homeless Advisory Board Appointed for a term from August 2016 to August 2019 (to replace Darrin Smith.) Matt Petersen Property Maintenance Appointed for a term from Board of Appeals August 2016 to August 2019 (to replace Wayne Kerslake.) Ronald Rensberger Property Maintenance Appointed for a term from Board of Appeals August 2016 to August 2019 (to replace Paul Flagstad.) Ronald Sauby Property Maintenance Reappointed for a term from Board of Appeals August 2016 to August 2019. Brett Glirbas Public Transit Advisory Reappointed for a term from Board August 2016 to August 2019. Philip Jacobson Public Transit Advisory Reappointed for a term from Board August 2016 to August 2019. Benjamin Tiensvold Solid Waste Planning Appointed for a term from Board August 2016 to July 2017 (to fill the unexpired term of Ken Allender.) Rich Garry Washington Pavilion Appointed for a term from Management, Inc. Board of August 2016 to May 2017 (to fill Directors the unexpired term of Dr. Susan Hasseler.) Date adopted: 08/16/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Rolfing to adjourn the meeting at 7:57 p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Thomas M. Greco 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, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 16, 2016 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Mayor Mike T. Huether INVOCATION ● Pastor Wade Coffey, Celebrate Community Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Budget Hearings Meeting of Tuesday, August 9, 2016, at 3 p.m. ● City Council Meeting of Tuesday, August 9, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the August 12, 2016, memo. 2. Approval of the notice of change orders on the August 12, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: August 1, 2016; #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($1.7099); Harms Oil ($1.6682); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 4. Report of Requests for Quotes for Fuel dated: August 2, 2016; #2 Dyed Diesel; 3,000 gallons; Howes Oil ($1.549); Midwest Oil ($1.679); Midway Service ($1.490). Bid awarded to: Midway Service. 5. Report of Requests for Quotes for Fuel dated: August 4, 2016; #2 Dyed Diesel; 7,500 gallons; Harms Oil ($1.4058); Stern Oil ($1.4109); Cole’s Petroleum ($1.4112); CHS, Inc. ($1.4475); Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Harms Oil. 6. Report of Requests for Quotes for Fuel dated: August 4, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.6575); Stern Oil ($1.6641); Cole’s Petroleum ($1.6665); Midway (Vollan) Oil ($1.6693); CHS, Inc. ($1.7099); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: August 9, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Midway Service ($1.7089); Harms Oil ($1.7125); Stern Oil ($1.7137); Cole’s Petroleum ($1.7245); CHS, Inc. ($1.7499); Howes Oil and Olson Oil, both no bid. Bid awarded to: Midway Service. 8. Report of Requests for Quotes for Fuel dated: August 9, 2016; #2 Dyed Diesel; 7,500 gallons; Stern Oil ($1.4612); Harms Oil ($1.4765); Cole’s Petroleum ($1.4770); CHS, Inc. ($1.4925); Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil. APPLICATIONS 9. 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 August 18, 2016. NOTICE OF HEARINGS Set a date of hearing for Tuesday, September 6, 2016, for Items 10 through 16: 10. New 2016-17 Package Malt Beverage/South Dakota Farm Winery license for Hair & Hair, Hampton Inn, 2417 South Carolyn Avenue. 11. New 2016 Retail Wine license for JSM Investments Inc., Benji’s Casino, 5422 East Arrowhead Parkway (CUP not required). 12. New 2016-17 Retail Malt Beverage license for JSM Investments Inc., Benji’s Casino, 5422 East Arrowhead Parkway (CUP not required). 13. Request to include video lottery terminals with the new 2016-17 Retail Malt Beverage license for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead Parkway. 14. Transfer of 2016 Retail Liquor license, with Sunday sales and video lottery terminals, from Sport Zone Inc., Rookies Sports Bar and Grill, 2616 South Louise Avenue, to Sickies ND, Inc., Sickies Garage, 2616 South Louise Avenue (CUP not required). 15. 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, A League of Your Own, 229 South Phillips Avenue, American State Bank, 223 South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co., 319 South Phillips Avenue, Calvary Cathedral, 500 South Main Avenue, CH Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Half Baked, 120 South Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, J.H. & Sons, 216 South Phillips Avenue, JAM Art & Supplies, 401 North Phillips Avenue, Juliana’s Boutique La Femme, 196 East 6th Street #100, Lillian’s, 311 South Phillips Avenue, NV Studios, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, S.H.U.E.S., 333 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sioux Falls Design Center, 108 West 11th Street, Sticks and Steel, 401 East 8th Street #118, Unglued, 218 South Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, and Zandbroz Variety, 209 South Phillips Avenue, for the First Friday Wine Walk on October 7, 2016. 16. Special One-Day Malt Beverage and Special One-Day Wine licenses for Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131 North Duluth Avenue, for History Happy Hour programs on September 22 and October 27, 2016. Set a date of hearing for Tuesday, September 13, 2016, for Item 17: 17. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2017, AND THE 2017-2021 CAPITAL PROGRAM. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS 18. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals, from Paradise Management Inc., Paradise Casino, 5109 West 12th Street, to Crown Gaming Inc., Paradise Casino, 5109 West 12th Street. 19. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals, from Paradise Management Inc., Paradise East Casino, 1914 South Sycamore Avenue, Suite 106, to Crown Gaming Inc., Paradise East Casino, 1914 South Sycamore Avenue, Suite 106. 20. New 2016 Package Liquor license for MF Spot Inc., The Barrel House, 4701 East 54th Street. Pending final inspections per Fire, Health, and Building Services. 21. Transfer of 2016 Retail Liquor license, with Sunday sales certificate and video lottery terminals, from Westwinds Casino Inc., Westwinds Casino, 4615 West Homefield Drive, to Westwinds Casino Inc., Westwinds Casino, 4609 West Homefield Drive. 22. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #4, 1900 South Marion Road, with conditional use permit (5165-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 23. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #4, 1900 South Marion Road, with conditional use permit (5165-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 24. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #1, 1601 South Sycamore Avenue, with conditional use permit (4834-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 25. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #1, 1601 South Sycamore Avenue, with conditional use permit (4834-2016) being reviewed by the Planning Commission on August 3, 2016. Pending final inspections per Building Services. 26. New 2016-17 Retail Malt Beverage license for Burrito Brothers Inc., Pancheros Mexican Grill, 4824 South Louise Avenue, with the conditional use permit (4833- 2016) being approved on July 6, 2016. Pending final inspections per Fire, Health and Building Services. 27. Special One-Day Malt Beverage and Special One-Day Wine licenses for Sanford Health to be operated at 2301 East 60th Street North, for a private event on August 23, 2016. 28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Plaza Inc., to be operated at the Falls Park Horse Barn, 309 East Falls Park Drive, for a fundraiser on September 20, 2016. 29. Special One-Day Malt Beverage license for The Banquet to be operated at Cliff Avenue Greenhouse and Garden Center, 2101 East 26th Street, for a Project SOS fundraiser on October 6, 2016. 30. Special One-Day Malt Beverage and Special One-Day Wine licenses for Catering America Inc. to be operated at Orthopedic Institute Auditorium, 810 East 23rd Street, for a holiday party on December 1, 2016. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 8301 W. 48TH ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 4486-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 5801 W. CHRISTOPHER PL. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 5303-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0). Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1122 E. 8TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5250-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITIES REVENUE REFUNDING BONDS (DOW RUMMEL VILLAGE PROJECT), SERIES 2016, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO BE LOANED TO DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT CORPORATION, FOR THE PURPOSE OF REFUNDING OUTSTANDING BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, A MORTGAGE—ONE HUNDRED EIGHTY-DAY REDEMPTION, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND A TAX REGULATORY AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND CERTAIN RELATED DOCUMENTS; MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF THE BONDS. HEARINGS AND RESOLUTIONS 35. PUBLIC HEARING FOR PUBLIC INPUT REGARDING THE PROPOSAL TO ISSUE REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $24,000,000 (THE “BONDS”), PURSUANT TO SOUTH DAKOTA CODIFIED LAWS, CHAPTER 9-54, AS AMENDED (THE “ACT”), IN ORDER TO REFINANCE A PROJECT ON BEHALF OF DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT CORPORATION FORMERLY KNOWN AS RUMMEL MEMORIAL HOME, INC. (THE “CORPORATION”), WHICH OPERATES NURSING HOME, HEALTHCARE, AND HOUSING FACILITIES FOR THE ELDERLY IN SIOUX FALLS, SOUTH DAKOTA. See Agenda Item 34. 36. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE OFFICE OF ATTORNEY GENERAL DIVISION OF CRIMINAL INVESTIGATION, MINNEHAHA COUNTY SHERIFF’S OFFICE, AND THE SIOUX FALLS POLICE DEPARTMENT SIOUX FALLS AREA DRUG TASK FORCE. 37. A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT SHELVING AND FOUR CHILDREN’S TABLES TO THE GARRETSON SCHOOL DISTRICT. 38. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT 20 SETS OF FIRE TURNOUT GEAR TO THE HENRY, SD, FIRE DEPARTMENT. 39. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE The City Council may include other such business as may come before this body. ADJOURNMENT MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. 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, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.

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