City Council Meeting
Regular MeetingSioux Falls, SD · September 19, 2011
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Monday, September 19, 2011, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Michelle Erpenbach Council Member James Entenman
Council Member Greg Jamison Council Member Rex Rolfing
Council Member Dean Karsky
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member Vernon Brown
Mayor Mike T. Huether
INVOCATION
Pastor Erich McCandless, Empire Baptist Temple
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Kenny Anderson Jr. to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Monday, September 12, 2011, at 4:00 p.m.
City Council Meeting of Monday, September 12, 2011, at 7:00 p.m.
COMMUNICATIONS
1. A communication was received from the local chapter of the South Dakota
American Institute of Architects requesting permission to consume, but not sell,
wine and malt beverages at The Women’s History Club, 758 S. Phillips Ave., on
Thursday, October 13, 2011, from 6:00 p.m.-9:00 p.m., for a social hour during
their annual fall convention.
Sponsor: SDCL 35-1-5.3
2. A communication was received from Michael Haskett and Virginia Wick
requesting permission to consume, but not sell, liquor, wine and malt beverages at
The Old Courthouse Museum, 200 W. Sixth St., on Friday, November 11, 2011,
from 5:00 p.m.-10:00 p.m., for a wedding reception.
Sponsor: SDCL 35-1-5.3
3. A communication was received from Jessica Brende and Ryan Bickett requesting
permission to consume, but not sell, beer, wine and mixed drinks at The Old
Courthouse Museum, 200 W. Sixth St., on Saturday, August 18, 2012, from 9:00
a.m.-6:00 p.m., for a wedding ceremony and reception.
Sponsor: SDCL 35-1-5.3
4. A communication was received from Southeastern Behavioral HealthCare stating
their intent to sell raffle tickets on Friday, November 18, 2011, during the 21st
Annual Festival of Trees, for a piece of diamond jewelry valued at approximately
$3,000.00. Tickets will be sold for $10.00 each or three tickets for $20.00. The
proceeds will go to provide services to Southeastern consumers who have limited
resources.
Sponsor: SDCL 22-25-25
5. A memorandum was received on September 12, 2011, declaring a surplus on a
capital item that will be that will be traded in for another asset.
Sponsor: Mayor/Finance
APPLICATIONS
6. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear
Recreation Park, to be operated at 5901 East Rice Street, for a wedding reception
on November 11, 2011.
Sponsor: Mayor/Attorney
NOTICE OF HEARINGS
Set a date of hearing for Monday, October 3, 2011, at 7:00 p.m. on Items 7 through 10:
7. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail
Company, Casey’s General Store #3019, to be operated at 1901 East Tenth Street.
Sponsor: Mayor/Attorney
8. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail
Company, Casey’s General Store #3049, to be operated at 3236 South Sycamore
Avenue.
Sponsor: Mayor/Attorney
9. Special One-Day Liquor License for the South Dakota Symphony Orchestra to be
operated at the Avera Prairie Center, 1000 East 23rd Street, for the South Dakota
Symphony Orchestra Gala on November 5, 2011.
Sponsor: Mayor/Attorney
10. Amend Special One-Day Malt Beverage and Special One-Day Wine Licenses
approved on 9/19/11 for Avera McKennan Foundation, to be operated at the
Avera Prairie Center, 1000 East 23rd Street, for the “Paint the Night Pink”
Fundraiser on October 21, 2011, amending this request to be for the “Pink
Fashionista” Event on October 1, 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 Michelle Erpenbach and seconded by Council
Member Sue Aguilar to amend the main motion and Regular Agenda by deferring Items
18, 25, 26, 28, and 29 to the City Council Meeting of October 3, 2011.
Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue
Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach,
Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon
Brown, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
June Staggers spoke about the firing of former City Clerk Debra Owen and of her
contributions to the City.
Rep. Manny Steele, District 12, said he was contacted by a number of upset citizens
regarding a Drag Show at the Washington Pavilion. He also spoke about being
displeased with the firing of former City Clerk Debra Owen.
Theresa Stehly spoke about the benefits of former City Clerk Debra Owen.
I.L. Wiedermann spoke about the firing of former City Clerk Debra Owen.
Tim Stanga spoke about the firing of former City Clerk Debra Owen and the Events
Center.
Cheryl Rath thanked former City Clerk Debra Owen for her service to the community.
UNFINISHED BUSINESS
11. Transfer of a 2011-12 Retail Malt Beverage License from Bosselman Inc. of SD,
Grandma Max's Restaurant, 5301 North Cliff Avenue, to Bosselman Food
Services Inc., Grandma Max's Restaurant, to be operated at 5301 North Cliff
Avenue, including video lottery terminals (full service restaurant; CUP not
required).
Sponsor: Mayor/Attorney
12. Transfer of a 2011-12 Retail Malt Beverage License from Interactive Holdings
Inc., VIP Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The
Parliament Casino, to be operated at 3600 West 41st Street, including video
lottery terminals (CUP not required; this is an existing license which predates the
ordinance).
Sponsor: Mayor/Attorney
13. Transfer of a 2011 Retail Wine License from Interactive Holdings Inc., VIP
Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The Parliament
Casino, to be operated at 3600 West 41st Street, including video lottery terminals
(CUP not required; this is an existing license which predates the ordinance).
Sponsor: Mayor/Attorney
14. Special One-Day Wine License for the Affordable Housing Solutions, to be
operated at the Old Courthouse Museum, 200 West Sixth Street, for the 2011
Trivia Challenge Fundraiser on September 29, 2011. Withdrawn by Applicant.
Sponsor: Mayor/Attorney
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Children’s Home Society, to be operated at the Avera Prairie Center, 1000 East
23rd Street, for their annual dinner meeting on October 6, 2011.
Sponsor: Mayor/Attorney
16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera
McKennan Foundation, to be operated at the Avera Prairie Center, 1000 East 23rd
Street, for the “Paint the Night Pink” Fundraiser on October 21, 2011.
Sponsor: Mayor/Attorney
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Compass Center, to be operated at the Avera Prairie Center, 1000 East 23rd Street,
for the “It’s in the Bag” Fundraiser on February 9, 2012.
Sponsor: Mayor/Attorney
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to approve with one vote Items 11 through 17.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
18. Deferred Action (from meeting of 09/06/11) 2nd 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
Action on Item 18 was taken at the approval of the Regular Agenda.
19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING ARTICLE III OF CHAPTER 8 OF THE REVISED
ORDINANCES OF THE CITY REGARDING THE ORPHEUM THEATER
ADVISORY BOARD OF DIRECTORS.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Vernon Brown to adopt said Ordinance for Item 19.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue
Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for
Item 20:
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 73RD ST. AND S. EL DORADO AVE. FROM
THE DIAMOND VALLEY PLANNED DEVELOPMENT DISTRICT AND
THE RS-2, RESIDENTIAL DISTRICT TO THE RD, RESIDENTIAL
DISTRICT, PETITION NO. 2011-07-12 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 Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Monday,
October 3, 2011, at 7:00 p.m. for Item 20.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for
Item 21:
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1208 W. ELKHORN ST. FROM THE I-1, LIGHT
INDUSTRIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO.
2011-08-06, 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 Sue Aguilar and seconded by Council Member
Greg Jamison to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at
7:00 p.m. for Item 21.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for
Item 22:
22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 124 S. ELMWOOD AVE. FROM THE RD,
RESIDENTIAL DISTRICT TO THE ELMWOOD PLANNED
DEVELOPMENT DISTRICT, PETITION NO. 2011-08-10 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 Michelle Erpenbach and seconded by Council
Member Vernon Brown to set a date of hearing and 2nd Reading for Monday, October 3,
2011, at 7:00 p.m. for Item 22.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for
Item 23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING CHAPTER 18 “GARBAGE AND RECYCLING” OF THE
REVISED ORDINANCES OF THE CITY OF SIOUX FALLS.
Sponsor: Mayor/Public Works
A motion was made by Council Member Dean Karsky and seconded by Council Member
Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Monday, October 3,
2011, at 7:00 p.m. for Item 23.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for
Item 24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF PERMANENT EASEMENTS IN A
PORTION OF LOT 3A (EXCEPT TRACT 1 CONTAINED THEREIN),
BLOCK 1 OF WILLIAMS ADDITION TO THE CITY OF SIOUX FALLS,
MINNEHAHA COUNTY, SOUTH DAKOTA, AND A PORTION OF THE
NW1/4 OF THE NE1/4 OF SECTION 32-T101N-R49W OF THE 5TH P.M.,
MINNEHAHA COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Greg Jamison to set a date of hearing and 2nd Reading for Monday, October 3, 2011, at
7:00 p.m. for Item 24.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
25. Deferred Action (from meeting of 9/6/11): A RESOLUTION OF THE CITY
OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WILLIAMS
ADDITION. (The Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
Action on Item 25 was taken at the approval of the Regular Agenda.
26. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
REVISED PRELIMINARY PLAN OF TIMBER OAK ESTATES ADDITION.
(The Planning Commission recommends denial.)
Sponsor: Mayor/Planning and Building Services
Action on Item 26 was taken at the approval of the Regular Agenda.
27. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. (85TH ST. AND WESTERN AVE. HARRISBURG
SCHOOL.)
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Greg Jamison to adopt said Resolution for Item 27.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue
Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
ANNEXATION 2011-08-01 85TH ST. AND WESTERN AVE. HARRISBURG SCHOOL.
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; and
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 area is consistent with the Shape Sioux Falls 2035 Comprehensive Plan as
infrastructure services have been found to be available to this area.
3. There is adequate provision for municipal utilities and access to the major street network
once the following occurs:
a. Western Ave. is paved by the City to 95th St.
b. Water is extended by the City along Western Ave. to 95th St. on the east portion of
the development area. The developer will need to extend water in the west portion of
the development area from Quiet Oak Tr. to the south.
c. The sewer trunk line will need to be extended from Timber Oak Tr. to 95th St. by the
City with the developer assessed for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the following described properties be and the same hereby are included within the corporate
limits of the city of Sioux Falls, Lincoln County, and the boundary of the city is hereby extended to
include such territory.
Tract 1, Tract 2, and Tract 3 of the Southeast Quarter (SE1/4), Section 21, T100N, R50W and
the adjacent Western Avenue right-of-way of the 5th P.M., Lincoln County, South Dakota
And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South
Dakota, a duly certified transcript of this resolution.
28. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN
SERVICES AGREEMENT BETWEEN THE CITY AND SINK COMBS
DETHLEFS, P.C. FOR THE PROPOSED SIOUX FALLS EVENTS CENTER,
ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE
ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY
AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE
AGREEMENT.
Sponsor: Mayor/Public Works
Action on Item 28 was taken at the approval of the Regular Agenda.
29. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE
CITY OF SIOUX FALLS AND M. A. MORTENSON COMPANY FOR
CONSTRUCTION MANAGER AT-RISK SERVICES FOR THE PROPOSED
SIOUX FALLS EVENTS CENTER, ALONG WITH OTHER DOCUMENTS,
AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY
BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE
TERMS OF THE AGREEMENT.
Sponsor: Mayor/Public Works
Action on Item 29 was taken at the approval of the Regular Agenda.
NOTICE OF HEARINGS FOR STREET VACATIONS
Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 30:
30. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY
ON W. UNITY LANE FROM S. GRANGE AVE. TO W. VILLAGE DR. AND
W. VILLAGE DR. FROM S. GRANGE AVE. TO W. UNITY LANE AND W.
VILLAGE CIR. FROM W. VILLAGE DR. TO THE END OF THE CUL-DE-
SAC.
Sponsor: Mayor/Public Works
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Kenny Anderson Jr. to set a date of hearing for Monday, October 11, 2011, at 7:00 p.m.
for Item 30.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 31:
31. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY
ON NORTH NORTH DRIVE ADJACENT TO LOT 6 BLOCK 2 SIOUX
EMPIRE DEVELOPMENT PARK THREE EAST ADDITION AS SHOWN ON
EXHIBIT A.
Sponsor: Mayor/Public Works
A motion was made by Council Member Greg Jamison and seconded by Council
Member Kenny Anderson Jr. to set a date of hearing for Monday, October 11, 2011, at
7:00 p.m. for Item 31.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
NEW BUSINESS/ITEMS ADDED AFTER DEADLINE
HEARINGS AND RESOLUTIONS
32. A RESOLUTION APPROVING THE APPOINTMENT OF DAVID BIXLER
AS ACTING CITY CLERK EFFECTIVE UPON PASSAGE AND
PUBLICATION.
Sponsor: City Council/Aguilar and Erpenbach
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to adopt said Resolution for Item 32.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue
Aguilar, Kenny Anderson Jr., Vernon Brown, 6. Noes, 0.
Motion Passed.
A RESOLUTION APPROVING THE APPOINTMENT OF DAVID BIXLER AS ACTING
CITY CLERK EFFECTIVE UPON PASSAGE AND PUBLICATION.
WHEREAS, Section 2.08 of the Charter of the City of Sioux Falls authorizes the City Council to
appoint an officer of the City who shall have the title of Acting City Clerk; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the following City Council appointment, until an Interim City Clerk is
appointed:
David Bixler, Acting City Clerk
Pursuant to SDCL 9-19-13, this Resolution is made in support of the municipal government and
its existing public institutions, and shall become effective upon passage and publication.
ADJOURNMENT
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Sue Aguilar to adjourn the meeting at 8:06 p.m.
Vote to adjourn: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Sue
Aguilar, Kenny Anderson Jr., Vernon Brown, 6. 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
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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, September 19, 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 Erich McCandless, Empire Baptist Temple
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Monday, September 12, 2011, at 4:00 p.m.
● City Council Meeting of Monday, September 12, 2011, at 7:00 p.m.
COMMUNICATIONS
1. A communication was received from the local chapter of the South Dakota
American Institute of Architects requesting permission to consume, but not sell,
wine and malt beverages at The Women’s History Club, 758 S. Phillips Ave., on
Thursday, October 13, 2011, from 6:00 p.m.-9:00 p.m., for a social hour during
their annual fall convention.
Sponsor: SDCL 35-1-5.3
2. A communication was received from Michael Haskett and Virginia Wick
requesting permission to consume, but not sell, liquor, wine and malt beverages at
The Old Courthouse Museum, 200 W. Sixth St., on Friday, November 11, 2011,
from 5:00 p.m.-10:00 p.m., for a wedding reception.
Sponsor: SDCL 35-1-5.3
3. A communication was received from Jessica Brende and Ryan Bickett requesting
permission to consume, but not sell, beer, wine and mixed drinks at The Old
Courthouse Museum, 200 W. Sixth St., on Saturday, August 18, 2012, from 9:00
a.m.-6:00 p.m., for a wedding ceremony and reception.
Sponsor: SDCL 35-1-5.3
4. A communication was received from Southeastern Behavioral HealthCare stating
their intent to sell raffle tickets on Friday, November 18, 2011, during the 21st
Annual Festival of Trees, for a piece of diamond jewelry valued at approximately
$3,000.00. Tickets will be sold for $10.00 each or three tickets for $20.00. The
proceeds will go to provide services to Southeastern consumers who have limited
resources.
Sponsor: SDCL 22-25-25
5. A memorandum was received on September 12, 2011, declaring a surplus on a
capital item that will be that will be traded in for another asset.
Sponsor: Mayor/Finance
APPLICATIONS
6. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear
Recreation Park, to be operated at 5901 East Rice Street, for a wedding reception
on November 11, 2011.
Sponsor: Mayor/Attorney
NOTICE OF HEARINGS
Set a date of hearing for Monday, October 3, 2011, at 7:00 p.m. on Items 7 through 10:
7. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail
Company, Casey’s General Store #3019, to be operated at 1901 East Tenth Street.
Sponsor: Mayor/Attorney
8. New 2011-12 Package Malt Beverage/Farm Winery License for Casey’s Retail
Company, Casey’s General Store #3049, to be operated at 3236 South Sycamore
Avenue.
Sponsor: Mayor/Attorney
9. Special One-Day Liquor License for the South Dakota Symphony Orchestra to be
operated at the Avera Prairie Center, 1000 East 23rd Street, for the South Dakota
Symphony Orchestra Gala on November 5, 2011.
Sponsor: Mayor/Attorney
10. Amend Special One-Day Malt Beverage and Special One-Day Wine Licenses
approved on 9/19/11 for Avera McKennan Foundation, to be operated at the Avera
Prairie Center, 1000 East 23rd Street, for the “Paint the Night Pink” Fundraiser on
October 21, 2011, amending this request to be for the “Pink Fashionista” Event on
October 1, 2011.
Sponsor: Mayor/Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
11. Transfer of a 2011-12 Retail Malt Beverage License from Bosselman Inc. of SD,
Grandma Max's Restaurant, 5301 North Cliff Avenue, to Bosselman Food
Services Inc., Grandma Max's Restaurant, to be operated at 5301 North Cliff
Avenue, including video lottery terminals (full service restaurant; CUP not
required).
Sponsor: Mayor/Attorney
12. Transfer of a 2011-12 Retail Malt Beverage License from Interactive Holdings
Inc., VIP Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The
Parliament Casino, to be operated at 3600 West 41st Street, including video lottery
terminals (CUP not required; this is an existing license which predates the
ordinance).
Sponsor: Mayor/Attorney
13. Transfer of a 2011 Retail Wine License from Interactive Holdings Inc., VIP
Gaming II, 3600 West 41st Street, to Wallmark Foods Inc., The Parliament Casino,
to be operated at 3600 West 41st Street, including video lottery terminals (CUP not
required; this is an existing license which predates the ordinance).
Sponsor: Mayor/Attorney
14. Special One-Day Wine License for the Affordable Housing Solutions, to be
operated at the Old Courthouse Museum, 200 West Sixth Street, for the 2011
Trivia Challenge Fundraiser on September 29, 2011. Withdrawn by Applicant.
Sponsor: Mayor/Attorney
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Children’s Home Society, to be operated at the Avera Prairie Center, 1000 East
23rd Street, for their annual dinner meeting on October 6, 2011.
Sponsor: Mayor/Attorney
16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera
McKennan Foundation, to be operated at the Avera Prairie Center, 1000 East 23rd
Street, for the “Paint the Night Pink” Fundraiser on October 21, 2011.
Sponsor: Mayor/Attorney
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Compass Center, to be operated at the Avera Prairie Center, 1000 East 23rd Street,
for the “It’s in the Bag” Fundraiser on February 9, 2012.
Sponsor: Mayor/Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
18. Deferred Action (from meeting of 09/06/11) 2nd 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
19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING ARTICLE III OF CHAPTER 8 OF THE REVISED ORDINANCES
OF THE CITY REGARDING THE ORPHEUM THEATER ADVISORY
BOARD OF DIRECTORS.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Monday, October 3, 2011, at 7:00 p.m. for
Item 20:
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 73RD ST. AND S. EL DORADO AVE. FROM
THE DIAMOND VALLEY PLANNED DEVELOPMENT DISTRICT AND THE
RS-2, RESIDENTIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT,
PETITION NO. 2011-07-12 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 Monday, October 3, 2011, at 7:00 p.m. for
Item 21:
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1208 W. ELKHORN ST. FROM THE I-1, LIGHT
INDUSTRIAL DISTRICT TO THE O, OFFICE DISTRICT, PETITION NO.
2011-08-06, 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 Monday, October 3, 2011, at 7:00 p.m. for
Item 22:
22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 124 S. ELMWOOD AVE. FROM THE RD,
RESIDENTIAL DISTRICT TO THE ELMWOOD PLANNED DEVELOPMENT
DISTRICT, PETITION NO. 2011-08-10 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 Monday, October 3, 2011, at 7:00 p.m. for
Item 23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING CHAPTER 18 “GARBAGE AND RECYCLING” OF THE
REVISED ORDINANCES OF THE CITY OF SIOUX FALLS.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Monday, October 11, 2011, at 7:00 p.m. for
Item 24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF PERMANENT EASEMENTS IN A
PORTION OF LOT 3A (EXCEPT TRACT 1 CONTAINED THEREIN), BLOCK
1 OF WILLIAMS ADDITION TO THE CITY OF SIOUX FALLS,
MINNEHAHA COUNTY, SOUTH DAKOTA, AND A PORTION OF THE
NW1/4 OF THE NE1/4 OF SECTION 32-T101N-R49W OF THE 5TH P.M.,
MINNEHAHA COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
HEARINGS AND RESOLUTIONS
25. Deferred Action (from meeting of 9/6/11): A RESOLUTION OF THE CITY OF
SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WILLIAMS
ADDITION. (The Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
26. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
REVISED PRELIMINARY PLAN OF TIMBER OAK ESTATES ADDITION.
(The Planning Commission recommends denial.)
Sponsor: Mayor/Planning and Building Services
27. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. (85TH ST. AND WESTERN AVE. HARRISBURG
SCHOOL.)
Sponsor: Mayor/Planning and Building Services
28. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN
SERVICES AGREEMENT BETWEEN THE CITY AND SINK COMBS
DETHLEFS, P.C. FOR THE PROPOSED SIOUX FALLS EVENTS CENTER,
ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS,
OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND
APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT.
Sponsor: Mayor/Public Works
29. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE
CITY OF SIOUX FALLS AND M. A. MORTENSON COMPANY FOR
CONSTRUCTION MANAGER AT-RISK SERVICES FOR THE PROPOSED
SIOUX FALLS EVENTS CENTER, ALONG WITH OTHER DOCUMENTS,
AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY
BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE
TERMS OF THE AGREEMENT.
Sponsor: Mayor/Public Works
NOTICE OF HEARINGS FOR STREET VACATIONS
Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 30:
30. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY
ON W. UNITY LANE FROM S. GRANGE AVE. TO W. VILLAGE DR. AND
W. VILLAGE DR. FROM S. GRANGE AVE. TO W. UNITY LANE AND W.
VILLAGE CIR. FROM W. VILLAGE DR. TO THE END OF THE CUL-DE-
SAC.
Sponsor: Mayor/Public Works
Set a hearing date for Monday, October 11, 2011, at 7:00 p.m. for Item 31:
31. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY
ON NORTH NORTH DRIVE ADJACENT TO LOT 6 BLOCK 2 SIOUX
EMPIRE DEVELOPMENT PARK THREE EAST ADDITION AS SHOWN ON
EXHIBIT A.
Sponsor: Mayor/Public Works
NEW BUSINESS/ITEMS ADDED AFTER DEADLINE
HEARINGS AND RESOLUTIONS
32. A RESOLUTION APPROVING THE APPOINTMENT OF DAVID BIXLER AS
ACTING CITY CLERK EFFECTIVE UPON PASSAGE AND PUBLICATION.
Sponsor: City Council/Aguilar and Erpenbach
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.
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