City Council Meeting
Regular MeetingSioux Falls, SD · August 15, 2011
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Monday, August 15, 2011, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Sue Aguilar Council Member Greg Jamison
Council Member Kenny Anderson Jr.
Council Member Vernon Brown
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Dean Karsky
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
Pastor Timothy Fountain, Church of the Good Shepard
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Monday, August 8, 2011, at 4:00 p.m.
City Council Meeting of Monday, August 8, 2011, at 7:00 p.m.
COMMUNICATIONS
1. A communication was received from the President's Bowl Committee stating
their intent to sell raffle tickets on Saturday, September 3, 2011, for six prizes
valued at approximately $800.00 or less. Tickets will be sold for $0.50 each. The
proceeds will be divided between three public high school booster clubs for
various high school activities during the 2011-2012 school year.
Sponsor: SDCL 22-25-25
2. A memorandum was received on August 9, 2011, declaring a surplus on capital
items that will be disposed of as junk.
Sponsor: Mayor/Finance
APPLICATIONS
3. Special One-Day Liquor License for Hy-Vee Inc. to be operated at the Old
Courthouse Museum, 200 West Sixth Street, for a wedding reception on
November 12, 2011.
Sponsor: Mayor/Attorney
4. Special One-Day Liquor Licenses requests for Hy-Vee Inc., All Occasions by
Hy-Vee, to be operated at the Delbridge Museum of Natural History, 805 South
Kiwanis Avenue, for wedding receptions on the following dates: May 19, June
16, and June 21, 2012.
Sponsor: Mayor/Attorney
5. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion, 301 South Main Avenue, for various special events on
August 19, September 29, October 1 and 22, November 19, December 2, 9, 10,
and 30, 2011.
Sponsor: Mayor/Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 6, 2011, at 7:00 p.m. for Items 6 through
10:
6. New 2011-12 Retail Malt Beverage License for Tokyo Sushi and Hibachi LLC,
Tokyo Sushi & Hibachi, to be operated at 3202 East Tenth Street (full service
restaurant; CUP not required).
Sponsor: Mayor/Attorney
7. New 2011 Retail Wine License for Tokyo Sushi and Hibachi LLC, Tokyo Sushi
& Hibachi, to be operated at 3202 East Tenth Street (full service restaurant; CUP
not required).
Sponsor: Mayor/Attorney
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Home Builders Association of the Sioux Empire to be operated at Home Builders
Association of the Sioux Empire, 6904 South Lyncrest Place, for the General
Membership Meeting on September 29, 2011.
Sponsor: Mayor/Attorney
9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Avera McKennan Foundation to be operated at Perspective, 196 East Sixth Street,
on October 21, 2011, for the “Paint the Night Pink” Fundraiser.
Sponsor: Mayor/Attorney
10. Special One-Day Malt Beverage License for the Sioux Falls Jazz & Blues Society
to be operated at the Sioux Falls Convention Center, 1211 North West Avenue,
for the Expo for Her on October 14-15, 2011.
Sponsor: Mayor/Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to approve the Regular Agenda.
A motion was made by Council Member James Entenman and seconded by Council
Member Rex Rolfing to amend by adding an Item 41, as read by the Assistant City
Clerk: “A communication was received from Daniel Jamison requesting permission to
consume, but not sell, liquor, wine, and malt beverages at the Multi-Cultural Center, 515
N. Main Ave., on Saturday, August 27, 2011, from 6:00 p.m. to 12:00 a.m., for a
wedding reception.”
Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr.,
Vernon Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7.
Noes, 0.
Motion Passed.
PUBLIC INPUT
Tim Stanga spoke about the Events Center and costs.
UNFINISHED BUSINESS
11. New 2011-12 Retail Malt Beverage License for Guadalajara IV LLC,
Guadalajara Mexican Restaurant, to be operated at 5309 West 41st Street, with
the Conditional Use Permit (2011-04-07) being approved on 05-04-11. Pending
final inspection per Health.
Sponsor: Mayor/Attorney
12. New 2011 Retail Wine License for Guadalajara IV LLC, Guadalajara Mexican
Restaurant, to be operated at 5309 West 41st Street, with the Conditional Use
Permit (2011-04-07) being approved on 05-04-11. Pending final inspection per
Health.
Sponsor: Mayor/Attorney
13. New 2011-12 Retail Malt Beverage License for Ethan Ortega, New York Express
Pizza, to be operated at 309 South Phillips Avenue, with the Conditional Use
Permit (2007-09-09) being approved on 10-03-07.
Sponsor: Mayor/Attorney
14. New 2011 Retail Wine License for Ethan Ortega, New York Express Pizza, to be
operated at 309 South Phillips Avenue, with the Conditional Use Permit (2007-
09-09) being approved on 10-03-07.
Sponsor: Mayor/Attorney
15. New 2011-12 Retail Malt Beverage License for China Express Restaurant LLP,
China Express Restaurant, to be operated at 2302 West 41st Street (full service
restaurant; CUP not required).
Sponsor: Mayor/Attorney
16. New 2011-12 Retail Malt Beverage License for Francisco Resendiz, Tacos Lupe
#3, to be operated at 802 East Tenth Street (full service restaurant; CUP not
required).
Sponsor: Mayor/Attorney
17. New 2011 Package Liquor License for Kum & Go LC, Kum & Go #620, to be
operated at 412 North Sycamore Avenue.
Sponsor: Mayor/Attorney
18. Rescind 2011-12 Package Malt Beverage License for Kum & Go LC, Kum & Go
#620, 412 North Sycamore Avenue.
Sponsor: Mayor/Attorney
19. Special One-Day Liquor License requests for SMG, to be operated at the Sioux
Falls Arena, 1201 North West Avenue, on October 19, 2011, for the
Timberwolves Preseason Game, March 28, 2012, for the Central Plains Dairy
Expo; all 2011-12 Home Season Games for the Stampede, all 2011-12 Home
Season Games for the Skyforce; including Stampede and Skyforce possible
playoff games between April 1 and May 31, 2012.
Sponsor: Mayor/Attorney
20. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear
Recreation Park, to be operated at 5901 East Rice Street, for the Teddy Bear Den
Fundraiser on September 25, 2011.
Sponsor: Mayor/Attorney
21. Special One-Day Liquor License for Sanford Health to be operated at the Sanford
Center Great Lawn, 2301 East 60th Street North, for a Community Celebration
and Fundraiser on August 19, 2011.
Sponsor: Mayor/Attorney
22. Special One-Day Liquor License for Realtors for Kids to be operated at the
Multi-Cultural Center, 515 North Main Avenue, for the Fall Fundraiser on
September 22, 2011.
Sponsor: Mayor/Attorney
23. Amend request approved on 07-18-11 for a Special One-Day Liquor License for
Washington Pavilion Management Inc., Washington Pavilion, 301 South Main
Avenue, for the SD Trust, changing the date from September 20 to September 19,
2011.
Sponsor: Mayor/Attorney
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s, to be operated at the Old Courthouse
Museum on September 10 and 24, 2011, for wedding receptions.
Sponsor: Mayor/Attorney
25. Special One-Day Wine License for Senior Citizens Services Inc., to be held at
Active Generations, 2300 West 46th Street, for the Cocktails and Canvas Art
Class on September 20, 2011.
Sponsor: Mayor/Attorney
A motion was made by Council Member Vernon Brown and seconded by Council
Member Kenny Anderson Jr. to approve Item 21.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
Michelle Erpenbach, Dean Karsky, Rex Rolfing, 6. Noes, 0. Council Member Jim
Entenman was excused from the meeting and the vote on this item.
Motion Passed.
A motion was made by Council Member Vernon Brown and seconded by Council
Member Rex Rolfing to approve Items 11 through 25, excluding Item 21.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 26TH ST. AND S. CANYON AVE. FROM
THE RS-2, RESIDENTIAL DISTRICT TO THE RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2011-06-11
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. (Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 26.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT S. GRANGE AVE. AND W. VILLAGE DR.
FROM THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED
COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT
TO THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED
COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2011-07-06 AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission
recommends approval.)
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 27.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. BENSON ROAD AND N. MARION ROAD
FROM THE RA-1, RESIDENTIAL DISTRICT AND O, OFFICE DISTRICT
TO THE RS-2, RESIDENTIAL AND THE RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2011-07-10
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. (The Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 28.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. MADISON STREET AND N. VALLEY
VIEW ROAD FROM THE RS-2, RESIDENTIAL DISTRICT TO THE RD,
RESIDENTIAL DISTRICT, PETITION NO. 2011-07-11 AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The
Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Vernon Brown and seconded by Council
Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 29.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2011-07-13 TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT 1000 S. SYCAMORE AVE.
AMENDING THE CELEBRATE COMMUNITY CHURCH PLANNED
DEVELOPMENT DISTRICT SUBAREA REGULATIONS. (The Planning
Commission recommends approval. 5-1)
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Vernon Brown and seconded by Council
Member James Entenman to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 30.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR CIP NO. 148014,
RIGHT-OF-WAY ACQUISITION FOR PUBLIC WORKS. ($512,075.00)
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, September
6, 2011, at 7:00 p.m. for Item 31.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PERMANENT 40-FOOT UTILITY
EASEMENT IN LOT 1A IN BLOCK 5 OF GRAND ARBOR VILLAGE
ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH
DAKOTA.
Sponsor: Mayor/Public Works
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, September 6,
2011, at 7:00 p.m. for Item 32.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF PERMANENT EASEMENTS IN LOT 2,
BLOCK 1, THE EDGES ADDITION TO THE CITY OF SIOUX FALLS;
TRACT 1, EXCEPT LOT H-1, THE EDGES ADDITION TO THE CITY OF
SIOUX FALLS; AND LOT 1, EXCEPT LOT H-1, BLOCK 6, INTERSTATE
CROSSING BUSINESS PARK ADDITION TO THE CITY OF SIOUX FALLS,
LINCOLN COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member Rex Rolfing and seconded by Council Member
James Entenman to set a date of hearing and 2nd Reading for Tuesday, September 6,
2011, at 7:00 p.m. for Item 33.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PERMANENT STORM SEWER AND
DRAINAGE EASEMENT IN TRACT A OF REDROCK PARK 2ND
ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY,
SOUTH DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member Vernon Brown and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 6,
2011, at 7:00 p.m. for Item 34.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PORTION OF PERMANENT WATER
AND SANITARY SEWER EASEMENTS IN LOT 1, FRIESSEN’S ADDITION
TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH
DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 35.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE CITY TO ENTER INTO AN INTEREST-FREE LOAN
AGREEMENT WITH SOUTH DAKOTA HOUSING DEVELOPMENT
AUTHORITY FOR THE PURPOSE OF REHABILITATING RENTAL
HOUSING PROPERTIES WITHIN THE CORE INCENTIVE AREA. (Up to
$500,000.00)
Sponsor: Mayor/Community Development
A motion was made by Council Member Vernon Brown and seconded by Council
Member James Entenman to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2011, at 7:00 p.m. for Item 36.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
37. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT
TO THE CITY OF HARRISBURG TWO TRAFFIC SIGNAL CONTROLLERS.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Resolution for Item 37.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James
Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE CITY
OF HARRISBURG TWO TRAFFIC SIGNAL CONTROLLERS.
WHEREAS, the City of Sioux Falls has declared as surplus two Eagle EPAC 300 Traffic Signal
Controllers, serial numbers 22448 and 23214; and
WHEREAS, the city of Harrisburg finds it desirable to acquire the above-described two traffic
signal controllers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the gifting by the City of Sioux Falls to the city of Harrisburg of two Eagle EPAC 300
Traffic Signal Controllers is hereby approved.
38. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT
TO THE SOUTH DAKOTA DEPARTMENT OF CORRECTIONS 2"
DIAMETER WILLOW TREES.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to adopt said Resolution for Item 38.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James
Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO THE SOUTH
DAKOTA DEPARTMENT OF CORRECTIONS 2" DIAMETER WILLOW TREES.
WHEREAS, the City of Sioux Falls (the “City”) has declared as surplus property 2" diameter
willow trees located in all the city-owned drainage channels and ponds; and
WHEREAS, the South Dakota Department of Corrections (the “DOC”) finds it desirable to
acquire 2" diameter willow trees every year at a mutually agreeable location;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the gifting by the City of 2" diameter willow trees to the DOC is hereby approved.
That the City Engineering Department is authorized to coordinate with the DOC the specific
location annually;
This resolution shall renew each year without further action by the Sioux Falls City Council.
39. A RESOLUTION ABATING AND REFUNDING FRONT FOOT
ASSESSMENTS FOR STREET MAINTENANCE FEES AT PARCEL
NUMBERS 15675 AND 15676.
Sponsor: Mayor/Public Works
A motion was made by Council Member Vernon Brown and seconded by Council
Member Michelle Erpenbach to adopt said Resolution for Item 39.
Vote to adopt: Roll Call: Yeses, 0. Noes, Sue Aguilar, Kenny Anderson Jr., Vernon
Brown, James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7.
Motion Failed.
40. A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION &
VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET.
($1,503,500.00)
Sponsor: Councilors Karsky and Entenman
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Kenny Anderson Jr. to adopt said Resolution for Item 40.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James
Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION & VISITORS BUREAU
BUSINESS IMPROVEMENT DISTRICT’S BUDGET.
WHEREAS, pursuant to Resolution 86-10, the City of Sioux Falls adopted a resolution of intent
to establish the Sioux Falls Convention & Visitors Bureau Business Improvement District; and
WHEREAS, in accordance with SDCL Chapter Ch. 9-55 of the South Dakota Codified Laws,
the CVB Business Improvement District has imposed an occupational tax of two dollars ($2.00)
per night per rented room for all lodging rooms within the CVB Business Improvement District
to market and promote the visitor industry in the city of Sioux Falls and increase the room night
sales of lodging facilities within the CVB Business Improvement District;
WHEREAS, the CVB Business Improvement District Board of Directors has developed an
annual budget which is subject to City Council approval.
NOW, THEREFORE, BE IT RESOLVED:
That the budget dated October 1, 2011, through September 30, 2012, which is attached hereto
and made a part of this Resolution, is hereby approved.
NEW BUSINESS/ITEMS ADDED AFTER DEADLINE
COMMUNICATIONS
41. A communication was received from Daniel Jamison requesting permission to
consume, but not sell, liquor, wine, and malt beverages at the Multi-Cultural
Center, 515 N. Main Ave., on Saturday, August 27, 2011, from 6:00 p.m. to
12:00 a.m., for a wedding reception.
Sponsor: SDCL 35-1-5.3
A motion was made by Council Member Vernon Brown and seconded by Council
Member Michelle Erpenbach to approve the communication.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Vernon Brown, James Entenman,
Michelle Erpenbach, Dean Karsky, Rex Rolfing, 6. Noes, 0. Council Member Kenny
Anderson Jr. was excused from the meeting and the vote on this item.
Motion Passed.
ADJOURNMENT
A motion was made by Council Member James Entenman and seconded by Council
Member Vernon Brown to adjourn at 8:19 p.m.
Vote to adjourn: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., Vernon Brown,
James Entenman, Michelle Erpenbach, Dean Karsky, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Denise D. Tucker, CMC
Assistant City Clerk
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE
STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND
THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR
LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED
AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON
THE MEETING MINUTES AND AGENDAS PAGE.
CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16.
CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00
P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 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 Monday, August 15, 2011 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member Vernon Brown
Council Member Jim Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
● Pastor Timothy Fountain, Church of the Good Shepherd
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Monday, August 8, 2011, at 4:00 p.m.
● City Council Meeting of Monday, August 8, 2011, at 7:00 p.m.
COMMUNICATIONS
1. A communication was received from the President's Bowl Committee stating their
intent to sell raffle tickets on Saturday, September 3, 2011, for six prizes valued at
approximately $800.00 or less. Tickets will be sold for $0.50 each. The proceeds
will be divided between three public high school booster clubs for various high
school activities during the 2011-2012 school year.
Sponsor: SDCL 22-25-25
2. A memorandum was received on August 9, 2011, declaring a surplus on capital
items that will be disposed of as junk.
Sponsor: Mayor/Finance
APPLICATIONS
3. Special One-Day Liquor License for Hy-Vee Inc. to be operated at the Old
Courthouse Museum, 200 West Sixth Street, for a wedding reception on
November 12, 2011.
Sponsor: Mayor/Attorney
4. Special One-Day Liquor Licenses requests for Hy-Vee Inc., All Occasions by Hy-
Vee, to be operated at the Delbridge Museum of Natural History, 805 South
Kiwanis Avenue, for wedding receptions on the following dates: May 19, June
16, and June 21, 2012.
Sponsor: Mayor/Attorney
5. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion, 301 South Main Avenue, for various special events on
August 19, September 29, October 1 and 22, November 19, December 2, 9, 10,
and 30, 2011.
Sponsor: Mayor/Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 6, 2011, at 7:00 p.m. for Items 6 through
10:
6. New 2011-12 Retail Malt Beverage License for Tokyo Sushi and Hibachi LLC,
Tokyo Sushi & Hibachi, to be operated at 3202 East Tenth Street (full service
restaurant; CUP not required).
Sponsor: Mayor/Attorney
7. New 2011 Retail Wine License for Tokyo Sushi and Hibachi LLC, Tokyo Sushi &
Hibachi, to be operated at 3202 East Tenth Street (full service restaurant; CUP not
required).
Sponsor: Mayor/Attorney
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Home Builders Association of the Sioux Empire to be operated at Home Builders
Association of the Sioux Empire, 6904 South Lyncrest Place, for the General
Membership Meeting on September 29, 2011.
Sponsor: Mayor/Attorney
9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Avera McKennan Foundation to be operated at Perspective, 196 East Sixth Street,
on October 21, 2011, for the “Paint the Night Pink” Fundraiser.
Sponsor: Mayor/Attorney
10. Special One-Day Malt Beverage License for the Sioux Falls Jazz & Blues Society
to be operated at the Sioux Falls Convention Center, 1211 North West Avenue, for
the Expo for Her on October 14-15, 2011.
Sponsor: Mayor/Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
11. New 2011-12 Retail Malt Beverage License for Guadalajara IV LLC, Guadalajara
Mexican Restaurant, to be operated at 5309 West 41st Street, with the Conditional
Use Permit (2011-04-07) being approved on 05-04-11. Pending final inspection
per Health.
Sponsor: Mayor/Attorney
12. New 2011 Retail Wine License for Guadalajara IV LLC, Guadalajara Mexican
Restaurant, to be operated at 5309 West 41st Street, with the Conditional Use
Permit (2011-04-07) being approved on 05-04-11. Pending final inspection per
Health.
Sponsor: Mayor/Attorney
13. New 2011-12 Retail Malt Beverage License for Ethan Ortega, New York Express
Pizza, to be operated at 309 South Phillips Avenue, with the Conditional Use
Permit (2007-09-09) being approved on 10-03-07.
Sponsor: Mayor/Attorney
14. New 2011 Retail Wine License for Ethan Ortega, New York Express Pizza, to be
operated at 309 South Phillips Avenue, with the Conditional Use Permit (2007-09-
09) being approved on 10-03-07.
Sponsor: Mayor/Attorney
15. New 2011-12 Retail Malt Beverage License for China Express Restaurant LLP,
China Express Restaurant, to be operated at 2302 West 41st Street (full service
restaurant; CUP not required).
Sponsor: Mayor/Attorney
16. New 2011-12 Retail Malt Beverage License for Francisco Resendiz, Tacos Lupe
#3, to be operated at 802 East Tenth Street (full service restaurant; CUP not
required).
Sponsor: Mayor/Attorney
17. New 2011 Package Liquor License for Kum & Go LC, Kum & Go #620, to be
operated at 412 North Sycamore Avenue.
Sponsor: Mayor/Attorney
18. Rescind 2011-12 Package Malt Beverage License for Kum & Go LC, Kum & Go
#620, 412 North Sycamore Avenue.
Sponsor: Mayor/Attorney
19. Special One-Day Liquor License requests for SMG, to be operated at the Sioux
Falls Arena, 1201 North West Avenue, on October 19, 2011, for the
Timberwolves Preseason Game, March 28, 2012, for the Central Plains Dairy
Expo; all 2011-12 Home Season Games for the Stampede, all 2011-12 Home
Season Games for the Skyforce; including Stampede and Skyforce possible
playoff games between April 1 and May 31, 2012.
Sponsor: Mayor/Attorney
20. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear
Recreation Park, to be operated at 5901 East Rice Street, for the Teddy Bear Den
Fundraiser on September 25, 2011.
Sponsor: Mayor/Attorney
21. Special One-Day Liquor License for Sanford Health to be operated at the Sanford
Center Great Lawn, 2301 East 60th Street North, for a Community Celebration
and Fundraiser on August 19, 2011.
Sponsor: Mayor/Attorney
22. Special One-Day Liquor License for Realtors for Kids to be operated at the Multi-
Cultural Center, 515 North Main Avenue, for the Fall Fundraiser on September 22,
2011.
Sponsor: Mayor/Attorney
23. Amend request approved on 07-18-11 for a Special One-Day Liquor License for
Washington Pavilion Management Inc., Washington Pavilion, 301 South Main
Avenue, for the SD Trust, changing the date from September 20 to September 19,
2011.
Sponsor: Mayor/Attorney
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s, to be operated at the Old Courthouse Museum
on September 10 and 24, 2011, for wedding receptions.
Sponsor: Mayor/Attorney
25. Special One-Day Wine License for Senior Citizens Services Inc., to be held at
Active Generations, 2300 West 46th Street, for the Cocktails and Canvas Art Class
on September 20, 2011.
Sponsor: Mayor/Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 26TH ST. AND S. CANYON AVE. FROM THE
RS-2, RESIDENTIAL DISTRICT TO THE RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2011-06-11
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. (Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT S. GRANGE AVE. AND W. VILLAGE DR.
FROM THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED
COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT
TO THE RA-2, RESIDENTIAL DISTRICT, THE C-4, PLANNED
COMMERCIAL DISTRICT, AND THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2011-07-06 AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends
approval.)
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. BENSON ROAD AND N. MARION ROAD
FROM THE RA-1, RESIDENTIAL DISTRICT AND O, OFFICE DISTRICT TO
THE RS-2, RESIDENTIAL AND THE RC, RECREATION/CONSERVATION
DISTRICT, PETITION NO. 2011-07-10 AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission
recommends approval.)
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. MADISON STREET AND N. VALLEY VIEW
ROAD FROM THE RS-2, RESIDENTIAL DISTRICT TO THE RD,
RESIDENTIAL DISTRICT, PETITION NO. 2011-07-11 AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The
Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2011-07-13 TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT 1000 S. SYCAMORE AVE.
AMENDING THE CELEBRATE COMMUNITY CHURCH PLANNED
DEVELOPMENT DISTRICT SUBAREA REGULATIONS. (The Planning
Commission recommends approval. 5-1)
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR CIP NO. 148014,
RIGHT-OF-WAY ACQUISITION FOR PUBLIC WORKS. ($512,075.00)
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PERMANENT 40-FOOT UTILITY
EASEMENT IN LOT 1A IN BLOCK 5 OF GRAND ARBOR VILLAGE
ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH
DAKOTA.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF PERMANENT EASEMENTS IN LOT 2,
BLOCK 1, THE EDGES ADDITION TO THE CITY OF SIOUX FALLS;
TRACT 1, EXCEPT LOT H-1, THE EDGES ADDITION TO THE CITY OF
SIOUX FALLS; AND LOT 1, EXCEPT LOT H-1, BLOCK 6, INTERSTATE
CROSSING BUSINESS PARK ADDITION TO THE CITY OF SIOUX FALLS,
LINCOLN COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PERMANENT STORM SEWER AND
DRAINAGE EASEMENT IN TRACT A OF REDROCK PARK 2ND
ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY,
SOUTH DAKOTA.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PORTION OF PERMANENT WATER
AND SANITARY SEWER EASEMENTS IN LOT 1, FRIESSEN’S ADDITION
TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH
DAKOTA.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2011, at 7:00 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE CITY TO ENTER INTO AN INTEREST-FREE LOAN
AGREEMENT WITH SOUTH DAKOTA HOUSING DEVELOPMENT
AUTHORITY FOR THE PURPOSE OF REHABILITATING RENTAL
HOUSING PROPERTIES WITHIN THE CORE INCENTIVE AREA. (Up to
$500,000.00)
Sponsor: Mayor/Community Development
HEARINGS AND RESOLUTIONS
37. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO
THE CITY OF HARRISBURG TWO TRAFFIC SIGNAL CONTROLLERS.
Sponsor: Mayor/Public Works
38. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TO
THE SOUTH DAKOTA DEPARTMENT OF CORRECTIONS 2" DIAMETER
WILLOW TREES.
Sponsor: Mayor/Public Works
39. A RESOLUTION ABATING AND REFUNDING FRONT FOOT
ASSESSMENTS FOR STREET MAINTENANCE FEES AT PARCEL
NUMBERS 15675 AND 15676.
Sponsor: Mayor/Public Works
40. A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION &
VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET.
($1,503,500.00)
Sponsor: Councilors Karsky and Entenman
NEW BUSINESS/ITEMS ADDED AFTER 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) 367-8081 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE
STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND
THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR
LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED
AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON
THE MEETING MINUTES AND AGENDAS PAGE.
CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16.
CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00
P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY
AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.
Get email alerts for Sioux Falls
A daily email when new agendas and minutes are posted.