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City Council Meeting

Regular Meeting

Sioux Falls, SD · October 17, 2016

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City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, October 17, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Theresa Stehly Council Member Michelle Erpenbach Council Member Christine M. Erickson (7:28 p.m.) Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr (7:03 p.m.) Mayor Mike T. Huether INVOCATION  Pastor Samuel Getachew, Gospel of Mercy Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rick Kiley and seconded by Council Member Rex Rolfing to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Theresa Stehly, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 6. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, October 11, 2016, at 4 p.m.  City Council Meeting of Tuesday, October 11, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the October 14, 2016, memo. 2. Approval of the notice of change orders on the October 14, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: October 7, 2016; Unleaded Ethanol & #2 Dyed Diesel; 8,000 gallons (4,000 gallons each); Stern Oil ($1.7661 & $1.7506); Harms Oil ($1.7722 & $1.7605); CHS, Inc. ($1.7900 & $1.7890); Howes Oil, Cole's Petroleum, Midway Service, and Olson Oil, all no bid. Bid awarded to: Stern Oil. 4. Report of Requests for Quotes for Fuel dated: October 7, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Stern Oil ($1.7661); Harms Oil ($1.7722); CHS, Inc. ($1.7900); Cole's Petroleum, Howes Oil, Midway Service, and Olson Oil, all no bid. Bid awarded to: Stern Oil. 5. Report of Requests for Quotes for Fuel dated: October 11, 2016: #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($2.0800); Harms Oil ($2.0800); Howes Oil and Midwest Oil, both no bid. Bid awarded to: CHS, Inc. 6. A communication was received from Neil Hlebichuk, President of Giving Hope, Inc., requesting permission to operate the bingo operation at Burnside Game Place pursuant to SDCL 22-25-25 beginning November 5, 2016. Giving Hope, Inc., is a 501(c)(3) non-profit in South Dakota and is purchasing the bingo operation from the Boys and Girls Club of the Sioux Empire. APPLICATIONS 7. Amend Special One-Day Off-Sale Package Wine License, approved on October 3, 2016, to include Special One-Day Malt Beverage and Special One-Day Wine licenses for the St. Joseph Cathedral Parish to be operated at the St. Joseph Cathedral gymnasium, 521 North Duluth Avenue, for a fundraiser on October 21, 2016. 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 November 20, 2016. 9. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for special events on October 27, 2016, and for the following dates in 2017: May 27, June 10, July 8, and August 19. 10. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2017 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS Set a date of hearing for Tuesday, November 1, 2016, for Items 11 through 21: 11. Transfer of 2016 Retail Liquor License, including Sunday sales certificate and video lottery terminals, from IJK LLC, The Copper Lounge, 136 South Phillips Avenue, to Speak E-Z, LLC, Speak E-Z LLC, 130 South Phillips Avenue. 12. Renewal of 2017 Retail Liquor License for Speak E-Z, LLC, Speak E-Z LLC, 130 South Phillips Avenue. 13. New 2016-17 Package Malt Beverage/South Dakota Farm Winery License for MCA Market LLC, MCA Market, 1038 North Minnesota Avenue. 14. Rescind 2016 Retail Wine License for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead Parkway. 15. Rescind 2016-17 Retail Malt Beverage License for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead Parkway. 16. Rescind 2016-17 Package Malt Beverage/South Dakota Farm Winery License for Hair & Hair Inc., Hampton Inn, 2417 South Carolyn Avenue. 17. New 2016-17 Package Malt Beverage/South Dakota Farm Winery License for Hari Har Inc., Hampton Inn, 2417 South Carolyn Avenue. 18. 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 on October 27, 2016. 19. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for a wedding on November 5, 2016. 20. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. 21. 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 Rick Kiley and seconded by Council Member Rex Rolfing to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Theresa Stehly, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 6. Noes, 0. Motion Passed. PUBLIC INPUT Mark Blackburn provided an overview of a newly-established nonprofit organization named Establishing Sustainable Connections (ESC) by describing their goals and activities. He invited the Council and public to an upcoming public panel discussion entitled "Being Muslim in Sioux Falls" to be held at the Downtown Sioux Falls Library on Thursday, October 20, 2016, beginning at 6:45 p.m. Robert Kolbe discussed the upcoming general election process and voting. He also expressed his support for the Archives Building and encouraged the Council to appropriate funds in a future budget for its construction. David Zokaites discussed push bumpers on police vehicles which included an overview of their purpose, potential concerns and problems, and recommendations to discontinue the use of the equipment. Scott Ehrisman encouraged the public to vote in the upcoming election and discussed ballot items. He also encouraged the public to use the MIDCO Aquatic Center and commented that information about the 2014 pool ballot measure and funding for the pool is misleading. Kevin Case, President of the Church Council of Augustana Lutheran Church, stated that the church is in the process of appealing a decision by the Planning Commission to deny a Conditional Use Permit to install and use an electronic sign for the Church. He provided a background of the proposal and information clarifying the need for the sign. Tim Reisen showed a picture of his bruised arm which he stated was the result of handcuffs from an arrest last May. Reisen's use of profane language resulted in the Mayor discontinuing his input. Tim Stanga discussed Council meeting decorum, dysfunction, and representation. UNFINISHED BUSINESS 22. New 2016-17 Retail Malt Beverage license for Estetica Unisex Mia LLC, Salon Mia, 1122 East 8th Street (CUP not required). 23. Request to add video lottery terminals to the Retail Malt Beverage license for Jasmin Sumic, JZ Caffee Bar & Grill, 313 North Dakota Avenue. 24. Transfer of 2016-17 Retail Malt Beverage license from Macho Nacho, LLC, Macho Nacho Mexican Grill, 3308 East 10th Street, to Jacky’s Restaurant LLC, Jacky’s Restaurant, 3308 East 10th Street (CUP not required). Pending final inspections per Health and Fire. 25. Transfer of 2016 Retail Wine license from Macho Nacho, LLC, Macho Nacho Mexican Grill, 3308 East 10th Street, to Jacky’s Restaurant LLC, Jacky’s Restaurant, 3308 East 10th Street (CUP not required). Pending final inspections per Health and Fire. 26. Transfer of 2016 Package Liquor license from Ridank LLC, Food N Fuel, 4701 West 12th Street, to Double B LLC, Food N Fuel, 4701 West 12th Street. 27. Renewal of 2017 Package Liquor license for Double B LLC, Food N Fuel, 4701 West 12th Street. 28. Special One-Day Wine license request for Democratic Forum of Sioux Falls to be operated at the History Club, 758 South Phillips Avenue, for a fundraiser social on October 27, 2016. 29. Special One-day Malt Beverage and Special One-day Wine licenses for the Multi- Cultural Center of Sioux Falls, 515 North Main Avenue, for an International Chef Cook off fundraiser on December 3, 2016. 30. Special One-day Malt Beverage and Special One-day Wine licenses for the Multi- Cultural Center of Sioux Falls, 515 North Main Avenue, for the Decadence in Chocolate fundraiser on February 4, 2017. A motion was made by Council Member Rex Rolfing and seconded by Council Member Pat Starr to approve Items 22 through 30. A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to amend Item 28 by replacing "October 27, 2016," with "November 3, 2016." Vote to amend: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. Vote to approve as amended: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 57 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO GARBAGE AND CONSTRUCTION AND DEMOLITION HAULERS. A motion was made by Council Member Rick Kiley and seconded by Council Member Greg Neitzert to adopt said Ordinance No. 107-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 57: GARBAGE AND RECYCLING, SUBCHAPTER SANITARY LANDFILL, OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO VEHICLE INSPECTIONS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt Item 32. Vote to adopt: Roll Call: Yeses, Rick Kiley, Rex Rolfing, 2. Noes, Theresa Stehly, Christine M. Erickson, Greg Neitzert, Marshall Selberg, Pat Starr, 5. Motion Failed. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111, ALCOHOLIC BEVERAGES, BY CREATING AN OFFICIAL CITY WAITING LIST OF OFF-SALE LIQUOR LICENSE APPLICANTS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 109-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks and Recreation, $684,000) A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 108-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, at 7 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF E. 57TH ST. AND WEST OF S. SYCAMORE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, CN CONSERVATION, AND LW LIVE-WORK DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, CN CONSERVATION, AND LW LIVE-WORK DISTRICTS, PETITION NO. 5329- 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 Theresa Stehly to set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, for Item 35. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, at 7 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1200 E. 3RD ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 5397-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (4-3). 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, November 1, 2016, for Item 36. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, at 7 p.m. for Item 37: 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 7820 S. BRANDE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, PETITION NO. 5555-2016, 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 Theresa Stehly to set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, for Item 37. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, at 7 p.m. for Item 38: 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY REGARDING UT1 FORMS—MICROCELL TOWERS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, November 1, 2016 for Item 38. Vote to set a date: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 39. A RESOLUTION AMENDING THE 2016–2020 CAPITAL PROGRAM. A motion was made by Council Member Pat Starr and seconded by Council Member Rex Rolfing to adopt said Resolution No. 101-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. RESOLUTION NO. 101-16 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: Entertainment Venues—Washington Pavilion Amend the Other Capital Expenditures Program by adding a radio system in 2016. The estimated cost is $65,000 and will not require an increase in appropriations as it will be funded by existing appropriations. Parks and Recreation Amend Capital Improvements Program Project No. 14026, Zoo Master Plan Improvements, by increasing funding in 2016 by $550,000 for construction of the brown bear exhibit. This will require an increase in appropriations that will be funded by the Sales/Use Tax Fund via a donation from the Zoological Society. Amend Capital Improvements Program Project No. 14001, Falls Park Development, by increasing funding in 2016 by $134,000 for the design of Falls Park West. This will require an increase in appropriations that will be funded by the Sales/Use Tax Fund via a donation from the Levitt Foundation. Date adopted: 10/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 40. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 4274-2016—Tract 1 of Evangelical Covenant Church Addition (33rd St. and Veterans Pkwy.)) A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Neitzert to adopt said Resolution No. 102-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. RESOLUTION NO. 102-16 ANNEXATION 4274-2016—Tract 1 of Evangelical Covenant Church Addition (33rd St. and Veterans Pkwy.) A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, the owners of the property to be annexed have executed an Annexation Agreement specifying the conditions under which their property may be annexed for the City’s consideration; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is access to the major street network along S. Veterans Pkwy. and E. 33rd St. with provisions for municipal utilities with existing water. 4. Sewer is currently within close proximity to the existing parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals set forth above are hereby made part of this resolution and incorporated herein as if fully set forth. That the document attached to and part of this resolution entitled, “Annexation Agreement” is hereby approved and incorporated herein as if fully set forth. That the Mayor is authorized to sign such Annexation Agreement. BE IT FURTHER RESOLVED: Pursuant to terms and conditions of the attached Annexation Agreement, the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory described as: Tract 1, Except Lots H1 & H2, of Evangelical Covenant Church Addition in the SW1/4 of the NW1/4 of Section 30, Township 101 N, Range 48 W of the 5th P.M., including adjacent S. Veterans Pkwy. and E. 33rd St. right-of-way, Minnehaha County, SD. BE IT FURTHER RESOLVED: The City expressly accepts all property dedicated for public use in the annexed area and rights-of-way thereto, including any streets, alleys, roads, parks, public grounds, sewers, culverts, bridges, water distribution lines, sidewalks, and other public improvements on or under the streets, alleys, roads, service roads, parks and public grounds. BE IT FURTHER RESOLVED: That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. BE IT FURTHER RESOLVED: The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 10/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 41. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 4841-2016—Tract 12 of Burkey Tracts (S. Klein Ave. and W. 48th St.)) A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 103-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. RESOLUTION NO. 103-16 ANNEXATION 4841-2016—Tract 12 of Burkey Tracts (S. Klein Ave. and W. 48th St.) A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, the owners of the property to be annexed have executed an Annexation Agreement specifying the conditions under which their property may be annexed for the City’s consideration; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2035 Comprehensive Plan. 3. There is access to the major street network along S. Klein Ave. and adequate provisions for municipal utilities. 4. City water and sewer already service this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals set forth above are hereby made part of this resolution and incorporated herein as if fully set forth. That the document attached to and part of this resolution entitled “Annexation Agreement” is hereby approved and incorporated herein as if fully set forth. That the Mayor is authorized to sign such agreement. BE IT FURTHER RESOLVED: Pursuant to terms and conditions of the attached Annexation Agreement, the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory described as: Tract 12 of Burkey Tracts Section 34, Township 101 N, Range 50 W of the 5th P.M., Minnehaha County, SD BE IT FURTHER RESOLVED: The City expressly accepts all property dedicated for public use in the annexed area and rights-of-way thereto, including any streets, alleys, roads, parks, public grounds, sewers, culverts, bridges, water distribution lines, sidewalks, and other public improvements on or under the streets, alleys, roads, service roads, parks, and public grounds. BE IT FURTHER RESOLVED: That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. BE IT FURTHER RESOLVED: The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 10/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 42. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT TWO DEFIBRILLATORS TO STICKNEY VOLUNTEER FIRE DEPARTMENT, INC. A motion was made by Council Member Rex Rolfing and seconded by Council Member Pat Starr to adopt said Resolution No. 104-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. RESOLUTION NO. 104-16 A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT TWO DEFIBRILLATORS TO STICKNEY VOLUNTEER FIRE DEPARTMENT, INC. WHEREAS, Sioux Falls Fire Rescue has declared as surplus two defibrillators (Asset Nos. 3006789 and 3014967); and WHEREAS, Stickney Volunteer Fire Department, Inc., a nonprofit corporation in Stickney, SD, finds it desirable to acquire the above-described surplus property for their ambulance service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the property described above is no longer necessary, useful, or suitable for the purpose for which it was acquired; and That the gifting by Sioux Falls Fire Rescue to Stickney Volunteer Fire Department, Inc. of the following surplus property:  Two defibrillators (Asset Nos. 3006789 and 3014967) is hereby approved. Date adopted: 10/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 43. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to adopt said Resolution No. 105-16. Vote to adopt: Roll Call: Yeses, Theresa Stehly, Christine M. Erickson, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, 7. Noes, 0. Motion Passed. RESOLUTION NO. 105-16 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 Julie Schnaible Airport Authority Board Reappointed for a term from October 2016 to October 2021. Kimberly Elbers Civil Service Board Appointed for a term from October 2016 to October 2021 (to replace Mary Hintzemann). Date adopted: 10/17/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk ADJOURNMENT A motion was made by Council Member Christine M. Erickson and seconded by Council Member Theresa Stehly to adjourn the meeting at 8:12 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 Monday, October 17, 2016 at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Mayor Mike T. Huether INVOCATION ● Pastor Samuel Getachew, Gospel of Mercy Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, October 11, 2016, at 4 p.m. ● City Council Meeting of Tuesday, October 11, 2016, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the October 14, 2016, memo. 2. Approval of the notice of change orders on the October 14, 2016, memo. 3. Report of Requests for Quotes for Fuel dated: October 7, 2016; Unleaded Ethanol & #2 Dyed Diesel; 8,000 gallons (4,000 gallons each); Stern Oil ($1.7661 & $1.7506); Harms Oil ($1.7722 & $1.7605); CHS, Inc. ($1.7900 & $1.7890); Howes Oil, Cole's Petroleum, Midway Service, and Olson Oil, all no bid. Bid awarded to: Stern Oil. 4. Report of Requests for Quotes for Fuel dated: October 7, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Stern Oil ($1.7661); Harms Oil ($1.7722); CHS, Inc. ($1.7900); Cole's Petroleum, Howes Oil, Midway Service, and Olson Oil, all no bid. Bid awarded to: Stern Oil. 5. Report of Requests for Quotes for Fuel dated: October 11, 2016: #2 Clear Diesel; 7,500 gallons; CHS, Inc. ($2.0800); Harms Oil ($2.0800); Howes Oil and Midwest Oil, both no bid. Bid awarded to: CHS, Inc. 6. A communication was received from Neil Hlebichuk, President of Giving Hope, Inc., requesting permission to operate the bingo operation at Burnside Game Place pursuant to SDCL 22-25-25 beginning November 5, 2016. Giving Hope, Inc., is a 501(c)(3) non-profit in South Dakota and is purchasing the bingo operation from the Boys and Girls Club of the Sioux Empire. APPLICATIONS 7. Amend Special One-Day Off-Sale Package Wine License, approved on October 3, 2016, to include Special One-Day Malt Beverage and Special One-Day Wine licenses for the St. Joseph Cathedral Parish to be operated at the St. Joseph Cathedral gymnasium, 521 North Duluth Avenue, for a fundraiser on October 21, 2016. 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 November 20, 2016. 9. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for special events on October 27, 2016, and for the following dates in 2017: May 27, June 10, July 8, and August 19. 10. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2017 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS Set a date of hearing for Tuesday, November 1, 2016, for Items 11 through 21: 11. Transfer of 2016 Retail Liquor License, including Sunday sales certificate and video lottery terminals, from IJK LLC, The Copper Lounge, 136 South Phillips Avenue, to Speak E-Z, LLC, Speak E-Z LLC, 130 South Phillips Avenue. 12. Renewal of 2017 Retail Liquor License for Speak E-Z, LLC, Speak E-Z LLC, 130 South Phillips Avenue. 13. New 2016-17 Package Malt Beverage/South Dakota Farm Winery License for MCA Market LLC, MCA Market, 1038 North Minnesota Avenue. 14. Rescind 2016 Retail Wine License for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead Parkway. 15. Rescind 2016-17 Retail Malt Beverage License for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead Parkway. 16. Rescind 2016-17 Package Malt Beverage/South Dakota Farm Winery License for Hair & Hair Inc., Hampton Inn, 2417 South Carolyn Avenue. 17. New 2016-17 Package Malt Beverage/South Dakota Farm Winery License for Hari Har Inc., Hampton Inn, 2417 South Carolyn Avenue. 18. 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 on October 27, 2016. 19. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for a wedding on November 5, 2016. 20. A PROPOSED RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. 21. 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 22. New 2016-17 Retail Malt Beverage license for Estetica Unisex Mia LLC, Salon Mia, 1122 East 8th Street (CUP not required). 23. Request to add video lottery terminals to the Retail Malt Beverage license for Jasmin Sumic, JZ Caffee Bar & Grill, 313 North Dakota Avenue. 24. Transfer of 2016-17 Retail Malt Beverage license from Macho Nacho, LLC, Macho Nacho Mexican Grill, 3308 East 10th Street, to Jacky’s Restaurant LLC, Jacky’s Restaurant, 3308 East 10th Street (CUP not required). Pending final inspections per Health and Fire. 25. Transfer of 2016 Retail Wine license from Macho Nacho, LLC, Macho Nacho Mexican Grill, 3308 East 10th Street, to Jacky’s Restaurant LLC, Jacky’s Restaurant, 3308 East 10th Street (CUP not required). Pending final inspections per Health and Fire. 26. Transfer of 2016 Package Liquor license from Ridank LLC, Food N Fuel, 4701 West 12th Street, to Double B LLC, Food N Fuel, 4701 West 12th Street. 27. Renewal of 2017 Package Liquor license for Double B LLC, Food N Fuel, 4701 West 12th Street. 28. Special One-Day Wine license request for Democratic Forum of Sioux Falls to be operated at the History Club, 758 South Phillips Avenue, for a fundraiser social on October 27, 2016. 29. Special One-day Malt Beverage and Special One-day Wine licenses for the Multi- Cultural Center of Sioux Falls, 515 North Main Avenue, for an International Chef Cook off fundraiser on December 3, 2016. 30. Special One-day Malt Beverage and Special One-day Wine licenses for the Multi- Cultural Center of Sioux Falls, 515 North Main Avenue, for the Decadence in Chocolate fundraiser on February 4, 2017. INTRODUCTION AND ADOPTION OF ORDINANCES 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 57 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO GARBAGE AND CONSTRUCTION AND DEMOLITION HAULERS. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 57: GARBAGE AND RECYCLING, SUBCHAPTER SANITARY LANDFILL, OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO VEHICLE INSPECTIONS. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111, ALCOHOLIC BEVERAGES, BY CREATING AN OFFICIAL CITY WAITING LIST OF OFF-SALE LIQUOR LICENSE APPLICANTS. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks and Recreation, $684,000) Set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, at 7 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF E. 57TH ST. AND WEST OF S. SYCAMORE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, CN CONSERVATION, AND LW LIVE-WORK DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, CN CONSERVATION, AND LW LIVE-WORK DISTRICTS, PETITION NO. 5329- 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, November 1, 2016, at 7 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1200 E. 3RD ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 5397-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (4-3). Set a date of hearing and 2nd Reading for Tuesday, November 1, 2016, at 7 p.m. for Item 37: 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 7820 S. BRANDE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, PETITION NO. 5555-2016, 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, November 1, 2016, at 7 p.m. for Item 38: 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY REGARDING UTI FORMS—MICROCELL TOWERS. HEARINGS AND RESOLUTIONS 39. A RESOLUTION AMENDING THE 2016–2020 CAPITAL PROGRAM. 40. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 4274-2016—Tract 1 of Evangelical Covenant Church Addition (33rd St. and Veterans Pkwy.)) 41. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 4841-2016—Tract 12 of Burkey Tracts (S. Klein Ave. and W. 48th St.)) 42. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT TWO DEFIBRILLATORS TO STICKNEY VOLUNTEER FIRE DEPARTMENT, INC. 43. 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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