City Council Meeting
Regular MeetingSioux Falls, SD · February 21, 2012
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, February 21, 2012, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Dean Karsky Council Member James Entenman
Council Member Rex Rolfing Mayor Mike T. Huether
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member Vernon Brown
Council Member Michelle Erpenbach
Council Member Greg Jamison
INVOCATION
Pastor Al Peratt Sr., Volunteers of America, Dakotas
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Multiple System Atrophy Awareness Month - March
VISITOR RECOGNITION
Chairperson Aguilar recognized the Multi-Cultural Center ESL Class and their instructors.
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Vernon Brown and seconded by Council
Member Kenny Anderson Jr. to approve the Consent Agenda.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to amend the consent agenda by moving Item 12 to the Regular
Agenda before Item 28.
Vote to amend: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar,
Kenny Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Monday, February 13, 2012, at 4:00 p.m.
City Council Meeting of Monday, February 13, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on February 15, 2012 memo.
Sponsor: Mayor/Finance
2. Report of Request for Quotes for Fuel: February 2, 2012: #2 Clear Diesel; 7,500
gallons; CHS, Inc, 3.346; Howes Oil, 3.3025; Harms Oil, 3.293; Midwest Oil, no
bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Planning & Building Services
3. Report of Request for Quotes for Fuel: February 2, 2012: Diesel (#1 & #2 blend);
600 gallons; Howes Oil, $2,025.60; Palisades Oil, no bid; Midway Service,
$2,046.60. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire
4. Report of Request for Quotes for Fuel: February 8, 2012: Winter Mix 50/50 #1 &
#2 Dyed Diesel; 400 gallons; Midway Service, 1,368.00; Howes Oil, 1,411.60;
Midwest Oil, no bid. Bid awarded to: Midway Service.
Sponsor: Mayor/Parks & Recreation
5. Report of Request for Quotes for Fuel: February 9, 2012: Unleaded; 600 gallons;
Howes Oil, $1,838.70; Palisades Oil, no bid; Midway Service, $1,856.70. Bid
awarded to: Howes Oil.
Sponsor: Mayor/Fire
6. Report of Request for Quotes for Fuel: February 10, 2012: Diesel (#1 and #2
blend); 600 gallons; Howes Oil, $2,084.25; Palisades Oil and Midway Service, no
bids. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire
7. Report of Request for Quotes for Fuel: February 10, 2012: Unleaded Ethanol;
8,500 gallons; Harms Oil, $3.1000; Howes Oil, $3.1000, CHS, Inc., $3.1760;
Olson Oil, no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
8. Report of Request for Quotes for Fuel: February 10, 2012: #1 & #2 Dyed Diesel;
7,500 gallons (3,750 gallons each #1 & #2); Harms Oil, #1- $3.3280/#2- $3.2200;
Howes Oil, #1- $3.3550/#2- $3.2175; CHS, Inc., #1- $3.3570/#2- $3.2780;
Midwest Oil, #1- $3.4650/#2- $3.3750; Olson Oil, no bid. Bid awarded to:
Harms Oil.
Sponsor: Mayor/Public Works
9. A communication was received from the Fellowship of Christian Sportsmen Plus
stating their intent to sell raffle tickets from March 15, 2012 to May 31, 2012 (or
until all tickets are sold) for a Tikka Rifle, 270 Win Short Mag (valued at
$800.00). Tickets will be $10.00 each. Proceeds will be used for general funding
of the organization's needs.
Sponsor: SDCL 22-25-25
10. A communication was received from Dwane Muth requesting permission to
consume, but not sell, liquor, wine and/or malt beverages at the Old Courthouse
Museum, 200 West 6th Street, on Saturday, August 25, 2012, from 5:00 p.m. to
7:00 p.m. for a wedding reception.
Sponsor: SDCL 35-1-5.3
11. A communication was received from Great Plains Zoo and Delbridge Museum of
Natural History requesting permission to consume, but not sell, liquor, wine
and/or malt beverage at the Great Plains Zoo, 805 South Kiwanis Avenue on
Thursday, March 8, 2012, from 4:00 p.m. to 6:00 p.m. for a "Drinks with the
Dinosaurs" appreciation event for donors and friends of the Zoo.
Sponsor: SDCL 35-1-5.3
12. A communication was received from Children's Care Hospital and School stating
their intent to sell raffle tickets from March 1, 2012 to March 30, 2012 for one of
the following prizes: a $5,000.00 shopping spree at SD Furniture Mart; a
$3,000.00 vacation stay at Naples, Florida; or a $1,000.00 Gunderson's Gift
Certificate. Tickets will be sold for $25.00 each. Proceeds will benefit the
Children's Care Hospital and School.
Sponsor: SDCL 22-25-25
A motion was made by Council Member Dean Karsky and seconded by Council Member
Kenny Anderson Jr. to approve Item 12.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Vernon Brown to amend the prizes listed to read "a $3,000.00 Black Hills
vacation stay in Lead, SD; or a $1,500.00 Gunderson's gift certificate".
Vote to amend: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar,
Kenny Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
13. A communication was received from Children's Care Hospital and School stating
their intent to sell raffle tickets from March 1, 2012 to March 30, 2012 for a two
year lease of an automobile (valued at $15,000.00). Tickets will be sold for
$100.00 each. Proceeds will benefit the Children's Care Hospital and School.
Sponsor: SDCL 22-25-25
14. A communication was received from the South Dakota Dental Foundation stating
their intent to sell raffle tickets from March 10, 2012 to May 18, 2012 for a cash
prize of $8000.00. Tickets will be $125.00 each. The proceeds will be used for
scholarships, oral health education and prevention.
Sponsor: SDCL 22-25-25
15. A memorandum dated February 13, 2012, declaring surplus on capital items that
will be recycled.
Sponsor: Mayor/Finance
16. Notice of change orders on February 15, 2012 memo.
Sponsor: Mayor/Finance
APPLICATIONS
17. Special One-Day Liquor License requests for Ovations Food Services LP, Sioux
Falls Pheasants Baseball Club, to be operated at 1001 North West Avenue, in the
Tiki Bar and Suites, for the 2012 Home Season Games.
Sponsor: Mayor/Attorney
18. Special One-Day Liquor License for SMG, to be operated at the Orpheum
Theater, 315 North Phillips Avenue, for the South Dakota ADDYS on March 10,
2012.
Sponsor: Mayor/Attorney
19. Special One-Day Liquor License requests for SMG to be operated at the Arena,
1201 North West Avenue, for the Sioux Falls Storm 2012 Home Season games,
including possible playoff games from June 17 through July 31, 2012.
Sponsor: Mayor/Attorney
The following abatements were recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
Item 20-22: The amount requested is the difference between the elderly freeze and non
elderly freeze.
20. Kurt Csordacsics, Parcel 28004, 1006 West 6th Street, for 2011 property taxes in
the amount of $773.69.
Sponsor: Attorney/SDCL 10-18-1
21. Raymond Jones, Parcel 60735, 2024 S. Oxford Ave., for 2011 property taxes in
the amount of $138.93.
Sponsor: Attorney/SDCL 10-18-1
22. Kenneth Kaufman, Parcel 41407, 1122 S. Norton Ave., for 2011 property taxes in
the amount of $676.67.
Sponsor: Attorney/SDCL 10-18-1
23. Sweetman Partners LLP, Parcel 53615, for 2008 property taxes in the amount of
$2,313.30; 2009, $2,316.96; 2010, $2,315.49; 2011, $2,354.43 (for total of
$9,300.18). New building was placed on incorrect property when building permit
was attached to wrong record number. Taxpayer is now requesting an abatement
to correct the value difference.
Sponsor: Attorney/SDCL 10-18-1
24. American National Red Cross, Parcel 24677, for 2011 property taxes in the
amount of $8,124.28. Property qualified 100% tax exempt for 2011, taxes
payable 2012 but the status code was not entered into the system. Taxpayer is
now requesting an abatement for this difference.
Sponsor: Attorney/SDCL 10-18-1
25. Seth & Koni Sims, Parcel 50623, for 2011 property taxes in the amount of
$259.34. The portion of 28th Street which adjoins 2000 S. Grange Avenue was
vacated and purchased by Augustana College. The land value was not reduced
from parcel 50623 on the 2011 assessment and the taxpayers are now requesting
an abatement for this value difference.
Sponsor: Attorney/SDCL 10-18-1
26. Michael Catalano, Parcel 53817, for 2011 property taxes in the amount of
$1,347.81. Property owner qualified for the property tax exemption under SDCL
10-4-40 beginning 2008. The status was removed in error for 2011, taxes payable
2012. Taxpayer is now requesting an abatement to correct this error.
Sponsor: Attorney/SDCL 10-18-1
The following abatements were recommended for approval by the Director of
Equalization and the State's Attorney's Office for Lincoln County; and the City
Attorney for Sioux Falls:
27. Pamela Pfeiffer Trust, Parcel 280.42.01.008, for 2011 property taxes in the
amount of $2,199.78. Two lots were split out of this 4 lot parcel and the value did
not change. Taxpayer is requesting an abatement for the difference.
Sponsor: Attorney/SDCL 10-18-1
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Greg Jamison and seconded by Council
Member Kenny Anderson Jr. to approve the Regular Agenda.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Vernon Brown to amend the Regular Agenda by withdrawing Item 43.
Vote to amend: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar,
Kenny Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Cheryl Rath urged citizens to give public input at the upcoming Railroad Relocation
public meeting scheduled next week.
UNFINISHED BUSINESS
Item 12 was discussed at this time, see item for action taken.
28. New 2012 Retail Liquor License for Icon Entertainment LLC, Icon Lounge &
Event Hall, to be operated at 402 North Main Avenue, including Sunday Sales,
with the Conditional Use Permit (2011-11-03) being approved on 12-07-11.
Pending final inspections per Fire, Health, and Building Services.
Sponsor: Mayor/Attorney
29. New 2012 Retail Wine License for dFINE LLC, dFINE Private Fitness Club, to
be operated at 421 West 69th Street, with the Special Use Permit (2011-12-04)
being approved on 01-04-12, with the following stipulations: 1) Restricting the
serving and consumption only during the staffing hours of 8 a.m. to 10 p.m.
Monday through Friday and 10 a.m. to 6 p.m. on Saturday and 2) That no one
under the age of 21 is allowed on the premises when alcohol is served or
consumed.
Sponsor: Mayor/Attorney
30. New 2011-2012 Retail Malt Beverage License for dFINE LLC, dFINE Private
Fitness Club, to be operated at 421 West 69th Street, with the Special Use Permit
(2011-12-04) being approved on 01-04-12, with the following stipulations: 1)
Restricting the serving and consumption only during the staffing hours of 8 a.m.
to 10 p.m. Monday through Friday and 10 a.m. to 6 p.m. on Saturday and 2) That
no one under the age of 21 is allowed on the premises when alcohol is served or
consumed.
Sponsor: Mayor/Attorney
31. New 2012 Package Liquor License for Runco Inc., The Gas Stop, to be operated
at 1200 East Tenth Street.
Sponsor: Mayor/Attorney
32. Special One-Day Wine License requests for Senior Citizens Services Inc., to be
held at Active Generations, 2300 West 46th Street, for the Festival of Tables on
March 22, 2012, and the Cocktails and Canvas Art Class on March 27, 2012.
Sponsor: Mayor/Attorney
33. Special One-Day Wine License for the Good Shepherd Ministry Center Inc., to be
held at the Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on May 1,
2012.
Sponsor: Mayor/Attorney
34. Special One-Day Wine License requests for Downtown Sioux Falls Inc., for the
First Friday Artwalk to be held on March 2, 2012, at the following locations:
Great Outdoor Store, 201 East Tenth Street, Lillian’s Shoppe, 311 South Phillips
Avenue Suite 101, Young & Richard’s, 236 South Main Avenue, 8th & Railroad
Center Lobby, 401 East 8th Street, Bead Co., 319 South Phillips Avenue,
Zandbroz, 209 South Phillips Avenue, Sticks and Steel, 401 East 8th Street Suite
118, Rehfeld’s Art & Framing, 210 South Phillips Avenue, Susanne’s on Phillips,
216 South Phillips Avenue, Rug & Relic, 401 East 8th Street Suites 112/114, and
Artisan House, 229 South Phillips Avenue.
Sponsor: Mayor/Attorney
35. Special One-Day Malt Beverage and Special One-Day Wine License requests for
Downtown Sioux Falls Inc. for the Downtown Block Party on the East Bank at
the 8th and Railroad parking lot, 401 East 8th Street, on June 1, July 6, and
August 3, 2012.
Sponsor: Mayor/Attorney
36. Special One-Day Malt Beverage License for the Siouxland Heritage Museums to
be operated at the Old Courthouse Museum, 200 West Sixth Street, on March 17,
2012, for the St. Patrick’s Day Family Dance.
Sponsor: Mayor/Attorney
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to consider Items 29 and 30 separately.
Vote to consider: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to approve Items 28 and 31 through 36 with one vote.
Vote to approve: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Vernon Brown to approve Items 29 and 30.
A motion was made by Council Member Vernon Brown and seconded by Council
Member Kenny Anderson Jr. to amend Items 29 and 30 by striking the words following
premises so the last sentence would read "That no one under the age of 21 is allowed on
the premises."
Vote to amend: Roll Call: Yeses, Dean Karsky, Sue Aguilar, Kenny Anderson Jr.,
Vernon Brown, Michelle Erpenbach, Greg Jamison, 6. Noes, Rex Rolfing, 1.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Dean Karsky, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 6. Noes, Rex
Rolfing, 1.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading on Monday, March 5, 2012, at 7:00 p.m. for Item
37:
37. Deferred Action (from the meeting of January 17, 2012) 1st Reading: AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY AT 1701 E. 54TH ST. N. FROM THE I-1, LIGHT INDUSTRIAL
DISTRICT TO THE I-2, HEAVY INDUSTRIAL DISTRICT, PETITION
NO. 2011-11-08, 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 Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to set a date and 2nd Reading on Monday, March 5, 2012, at 7:00
p.m. for Item 37.
Vote to set a date: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Washington Pavilion,
$30,000.00)
Sponsor: City Council
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Ordinance 14-12.
Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY CREATING
AN OPERATIONS COMMITTEE OF THE CITY COUNCIL.
Sponsor: City Council
A motion was made by Council Member Greg Jamison and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance 13-12.
Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading on Monday, March 5, 2012, at 7:00 p.m. for Item
40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. ARROWHEAD PKWY. AND S. POWDER
HOUSE RD. FROM THE AG, AGRICULTURAL DISTRICT TO THE C-4,
PLANNED COMMERCIAL DISTRICT, PETITION NO. 2011-01-05, 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 Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to set a date and 2nd Reading on Monday, March 5, 2012, at 7:00
p.m. for Item 40.
Vote to set a date: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading on Monday, March 5, 2012, at 7:00 p.m. for Item
41:
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 10TH ST. AND SIX MILE ROAD FROM THE
O, OFFICE DISTRICT AND RC, RECREATION/CONSERVATION
DISTRICT TO THE O, OFFICE DISTRICT AND RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2011-01-11,
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 Rex Rolfing and seconded by Council Member
Dean Karsky to set a date of hearing and 2nd Reading on Monday, March 5, 2012, at
7:00 p.m. for Item 41.
Vote to set a date: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading on Monday, March 12, 2012, at 7:00 p.m. for
Item 42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY
EASEMENT IN TRACT F OF HIGHLAND PARK SUBDIVISION,
MINNEHAHA COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Greg Jamison to set a date of hearing and 2nd Reading on Monday, March 12,
2012, at 7:00 p.m. for Item 42.
Vote to set a date: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
43. Deferred Action (from meetings of September 19, 2011, October 3, 2011, and
January 17, 2012): 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
Item 43 was withdrawn per applicant request.
44. A RESOLUTION AMENDING THE 2012-2016 CAPITAL PROGRAM TO
ADD A NEW PROJECT, SOUTH DAKOTA BLACK HISTORY MUSEUM
EXHIBIT, IN 2012.
Sponsor: City Council
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Resolution 9-12.
Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 9-12
A RESOLUTION AMENDING THE 2012–2016 CAPITAL PROGRAM TO ADD A
NEW PROJECT, SOUTH DAKOTA BLACK HISTORY MUSEUM EXHIBIT, IN 2012.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD.
That the 2012–2016 Capital Program shall be amended as follows:
Washington Pavilion
Amend the Capital Improvements Program by adding a new project, South Dakota Black
History Museum Exhibit, in 2012. The estimated cost is $30,000 for construction. This
will require an increase in appropriations that will be funded by the Entertainment Tax
Fund.
Date adopted: 2/21/12.
Mike T. Huether
Mayor
ATTEST:
Sue Roust, Interim
City Clerk
45. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to adopt said Resolution 8-12.
Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 8-12
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
Mark Lamb Mechanical Board of Reappointed for a term from
Appeals and Examiners March 2012 to March 2015
Dawn Clausen Property Maintenance Board Reappointed for a term from
of Appeals March 2012 to March 2015
Date adopted: 2/21/12.
Mike T. Huether
Mayor
ATTEST:
Sue Roust, Interim
City Clerk
NOTICE OF HEARINGS FOR STREET VACATIONS
Set a hearing date on Monday, March 12, 2012, at 7:00 p.m. for Item 46:
46. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY
ON N. ELEANOR AVE. FROM E. 60TH ST. N. TO E. 57TH ST. N.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to set a hearing date on Monday, March 12, 2012, at 7:00 p.m. for
Item 46.
Vote to set a date: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, 8.
Noes, 0.
Motion Passed.
ADJOURNMENT
A motion was made by Council Member Greg Jamison and seconded by Council
Member Dean Karsky to adjourn at 7:58 p.m.
Vote to adjourn: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny
Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 7. Noes, 0.
Motion Passed.
Jamie L. Palmer, CMC
Assistant City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, February 21, 2012 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 Al Peratt Sr., Volunteers of America, Dakotas
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Multiple System Atrophy Awareness Month - March
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Monday, February 13, 2012, at 4:00 p.m.
● City Council Meeting of Monday, February 13, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on February 15, 2012 memo.
Sponsor: Mayor/Finance
2. Report of Request for Quotes for Fuel: February 2, 2012: #2 Clear Diesel; 7,500
gallons; CHS, Inc, 3.346; Howes Oil, 3.3025; Harms Oil, 3.293; Midwest Oil, no
bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Planning & Building Services
3. Report of Request for Quotes for Fuel: February 2, 2012: Diesel (#1 & #2 blend);
600 gallons; Howes Oil, $2,025.60; Palisades Oil, no bid; Midway Service,
$2,046.60. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire
4. Report of Request for Quotes for Fuel: February 8, 2012: Winter Mix 50/50 #1 &
#2 Dyed Diesel; 400 gallons; Midway Service, 1,368.00; Howes Oil, 1,411.60;
Midwest Oil, no bid. Bid awarded to: Midway Service.
Sponsor: Mayor/Parks & Recreation
5. Report of Request for Quotes for Fuel: February 9, 2012: Unleaded; 600 gallons;
Howes Oil, $1,838.70; Palisades Oil, no bid; Midway Service, $1,856.70. Bid
awarded to: Howes Oil.
Sponsor: Mayor/Fire
6. Report of Request for Quotes for Fuel: February 10, 2012: Diesel (#1 and #2
blend); 600 gallons; Howes Oil, $2,084.25; Palisades Oil and Midway Service, no
bids. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire
7. Report of Request for Quotes for Fuel: February 10, 2012: Unleaded Ethanol;
8,500 gallons; Harms Oil, $3.1000; Howes Oil, $3.1000, CHS, Inc., $3.1760;
Olson Oil, no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
8. Report of Request for Quotes for Fuel: February 10, 2012: #1 & #2 Dyed Diesel;
7,500 gallons (3,750 gallons each #1 & #2); Harms Oil, #1- $3.3280/#2- $3.2200;
Howes Oil, #1- $3.3550/#2- $3.2175; CHS, Inc., #1- $3.3570/#2- $3.2780;
Midwest Oil, #1- $3.4650/#2- $3.3750; Olson Oil, no bid. Bid awarded to: Harms
Oil.
Sponsor: Mayor/Public Works
9. A communication was received from the Fellowship of Christian Sportsmen Plus
stating their intent to sell raffle tickets from March 15, 2012 to May 31, 2012 (or
until all tickets are sold) for a Tikka Rifle, 270 Win Short Mag (valued at
$800.00). Tickets will be $10.00 each. Proceeds will be used for general funding
of the organization's needs.
Sponsor: SDCL 22-25-25
10. A communication was received from Dwane Muth requesting permission to
consume, but not sell, liquor, wine and/or malt beverages at the Old Courthouse
Museum, 200 West 6th Street, on Saturday, August 25, 2012, from 5:00 p.m. to
7:00 p.m. for a wedding reception.
Sponsor: SDCL 35-1-5.3
11. A communication was received from Great Plains Zoo and Delbridge Museum of
Natural History requesting permission to consume, but not sell, liquor, wine and/or
malt beverage at the Great Plains Zoo, 805 South Kiwanis Avenue on Thursday,
March 8, 2012, from 4:00 p.m. to 6:00 p.m. for a "Drinks with the
Dinosaurs" appreciation event for donors and friends of the Zoo.
Sponsor: SDCL 35-1-5.3
12. A communication was received from Children's Care Hospital and School stating
their intent to sell raffle tickets from March 1, 2012 to March 30, 2012 for one of
the following prizes: a $5,000.00 shopping spree at SD Furniture Mart; a
$3,000.00 vacation stay at Naples, Florida; or a $1,000.00 Gunderson's Gift
Certificate. Tickets will be sold for $25.00 each. Proceeds will benefit the
Children's Care Hospital and School.
Sponsor: SDCL 22-25-25
13. A communication was received from Children's Care Hospital and School stating
their intent to sell raffle tickets from March 1, 2012 to March 30, 2012 for a two
year lease of an automobile (valued at $15,000.00). Tickets will be sold for
$100.00 each. Proceeds will benefit the Children's Care Hospital and School.
Sponsor: SDCL 22-25-25
14. A communication was received from the South Dakota Dental Foundation stating
their intent to sell raffle tickets from March 10, 2012 to May 18, 2012 for a cash
prize of $8000.00. Tickets will be $125.00 each. The proceeds will be used for
scholarships, oral health education and prevention.
Sponsor: SDCL 22-25-25
15. A memorandum dated February 13, 2012, declaring surplus on capital items that
will be recycled.
Sponsor: Mayor/Finance
16. Notice of change orders on February 15, 2012 memo.
Sponsor: Mayor/Finance
APPLICATIONS
17. Special One-Day Liquor License requests for Ovations Food Services LP, Sioux
Falls Pheasants Baseball Club, to be operated at 1001 North West Avenue, in the
Tiki Bar and Suites, for the 2012 Home Season Games.
Sponsor: Mayor/Attorney
18. Special One-Day Liquor License for SMG, to be operated at the Orpheum Theater,
315 North Phillips Avenue, for the South Dakota ADDYS on March 10, 2012.
Sponsor: Mayor/Attorney
19. Special One-Day Liquor License requests for SMG to be operated at the Arena,
1201 North West Avenue, for the Sioux Falls Storm 2012 Home Season games,
including possible playoff games from June 17 through July 31, 2012.
Sponsor: Mayor/Attorney
The following abatements were recommended for approval by the Director of Equalization
and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux
Falls:
Items 20-22: The amount requested is the difference between the elderly freeze and non
elderly freeze.
20. Kurt Csordacsics, Parcel 28004, 1006 West 6th Street, for 2011 property taxes in
the amount of $773.69.
Sponsor: Attorney/SDCL 10-18-1
21. Raymond Jones, Parcel 60735, 2024 S. Oxford Ave., for 2011 property taxes in
the amount of $138.93.
Sponsor: Attorney/SDCL 10-18-1
22. Kenneth Kaufman, Parcel 41407, 1122 S. Norton Ave., for 2011 property taxes in
the amount of $676.67.
Sponsor: Attorney/SDCL 10-18-1
23. Sweetman Partners LLP, Parcel 53615, for 2008 property taxes in the amount of
$2,313.30; 2009, $2,316.96; 2010, $2,315.49; 2011, $2,354.43 (for total of
$9,300.18). New building was placed on incorrect property when building permit
was attached to wrong record number. Taxpayer is now requesting an abatement to
correct the value difference.
Sponsor: Attorney/SDCL 10-18-1
24. American National Red Cross, Parcel 24677, for 2011 property taxes in the
amount of $8,124.28. Property qualified 100% tax exempt for 2011, taxes payable
2012 but the status code was not entered into the system. Taxpayer is now
requesting an abatement for this difference.
Sponsor: Attorney/SDCL 10-18-1
25. Seth & Koni Sims, Parcel 50623, for 2011 property taxes in the amount of
$259.34. The portion of 28th Street which adjoins 2000 S. Grange Avenue was
vacated and purchased by Augustana College. The land value was not reduced
from parcel 50623 on the 2011 assessment and the taxpayers are now requesting
an abatement for this value difference.
Sponsor: Attorney/SDCL 10-18-1
26. Michael Catalano, Parcel 53817, for 2011 property taxes in the amount of
$1,347.81. Property owner qualified for the property tax exemption under SDCL
10-4-40 beginning 2008. The status was removed in error for 2011, taxes payable
2012. Taxpayer is now requesting an abatement to correct this error.
Sponsor: Attorney/SDCL 10-18-1
The following abatements were recommended for approval by the Director of Equalization
and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux
Falls:
27. Pamela Pfeiffer Trust, Parcel 280.42.01.008, for 2011 property taxes in the amount
of $2,199.78. Two lots were split out of this 4 lot parcel and the value did not
change. Taxpayer is requesting an abatement for the difference.
Sponsor: Attorney/SDCL 10-18-1
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
28. New 2012 Retail Liquor License for Icon Entertainment LLC, Icon Lounge &
Event Hall, to be operated at 402 North Main Avenue, including Sunday Sales,
with the Conditional Use Permit (2011-11-03) being approved on 12-07-11.
Pending final inspections per Fire, Health, and Building Services.
Sponsor: Mayor/Attorney
29. New 2012 Retail Wine License for dFINE LLC, dFINE Private Fitness Club, to be
operated at 421 West 69th Street, with the Special Use Permit (2011-12-04) being
approved on 01-04-12, with the following stipulations: 1) Restricting the serving
and consumption only during the staffing hours of 8 a.m. to 10 p.m. Monday
through Friday and 10 a.m. to 6 p.m. on Saturday and 2) That no one under the age
of 21 is allowed on the premises when alcohol is served or consumed.
Sponsor: Mayor/Attorney
30. New 2011-2012 Retail Malt Beverage License for dFINE LLC, dFINE Private
Fitness Club, to be operated at 421 West 69th Street, with the Special Use Permit
(2011-12-04) being approved on 01-04-12, with the following stipulations: 1)
Restricting the serving and consumption only during the staffing hours of 8 a.m. to
10 p.m. Monday through Friday and 10 a.m. to 6 p.m. on Saturday and 2) That no
one under the age of 21 is allowed on the premises when alcohol is served or
consumed.
Sponsor: Mayor/Attorney
31. New 2012 Package Liquor License for Runco Inc., The Gas Stop, to be operated at
1200 East Tenth Street.
Sponsor: Mayor/Attorney
32. Special One-Day Wine License requests for Senior Citizens Services Inc., to be
held at Active Generations, 2300 West 46th Street, for the Festival of Tables on
March 22, 2012, and the Cocktails and Canvas Art Class on March 27, 2012.
Sponsor: Mayor/Attorney
33. Special One-Day Wine License for the Good Shepherd Ministry Center Inc., to be
held at the Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on May 1,
2012.
Sponsor: Mayor/Attorney
34. Special One-Day Wine License requests for Downtown Sioux Falls Inc., for the
First Friday Artwalk to be held on March 2, 2012, at the following locations: Great
Outdoor Store, 201 East Tenth Street, Lillian’s Shoppe, 311 South Phillips Avenue
Suite 101, Young & Richard’s, 236 South Main Avenue, 8th & Railroad Center
Lobby, 401 East 8th Street, Bead Co., 319 South Phillips Avenue, Zandbroz, 209
South Phillips Avenue, Sticks and Steel, 401 East 8th Street Suite 118, Rehfeld’s
Art & Framing, 210 South Phillips Avenue, Susanne’s on Phillips, 216 South
Phillips Avenue, Rug & Relic, 401 East 8th Street Suites 112/114, and Artisan
House, 229 South Phillips Avenue.
Sponsor: Mayor/Attorney
35. Special One-Day Malt Beverage and Special One-Day Wine License requests for
Downtown Sioux Falls Inc. for the Downtown Block Party on the East Bank at the
8th and Railroad parking lot, 401 East 8th Street, on June 1, July 6, and August 3,
2012.
Sponsor: Mayor/Attorney
36. Special One-Day Malt Beverage License for the Siouxland Heritage Museums to
be operated at the Old Courthouse Museum, 200 West Sixth Street, on March 17,
2012, for the St. Patrick’s Day Family Dance.
Sponsor: Mayor/Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading on Monday, March 5, 2012, at 7:00 p.m. for Item
37:
37. Deferred Action (from the meeting of January 17, 2012) 1st Reading: AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY
AT 1701 E. 54TH ST. N. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO
THE I-2, HEAVY INDUSTRIAL DISTRICT, PETITION NO. 2011-11-08, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. (The Planning Commission recommends approval.)
Sponsor: Mayor/Planning and Building Services
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Washington Pavilion,
$30,000.00)
Sponsor: City Council
39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY CREATING
AN OPERATIONS COMMITTEE OF THE CITY COUNCIL.
Sponsor: City Council
Set a date of hearing and 2nd Reading on Monday, March 5, 2012, at 7:00 p.m. for Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. ARROWHEAD PKWY. AND S. POWDER
HOUSE RD. FROM THE AG, AGRICULTURAL DISTRICT TO THE C-4,
PLANNED COMMERCIAL DISTRICT, PETITION NO. 2011-01-05, 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 on Monday, March 5, 2012, at 7:00 p.m. for Item 41:
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 10TH ST. AND SIX MILE ROAD FROM THE
O, OFFICE DISTRICT AND RC, RECREATION/CONSERVATION DISTRICT
TO THE O, OFFICE DISTRICT AND RC, RECREATION/CONSERVATION
DISTRICT, PETITION NO. 2011-01-11, 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 on Monday, March 12, 2012, at 7:00 p.m. for Item
42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY
EASEMENT IN TRACT F OF HIGHLAND PARK SUBDIVISION,
MINNEHAHA COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
HEARINGS AND RESOLUTIONS
43. Deferred Action (from meetings of September 19, 2011, October 3, 2011, and
January 17, 2012): 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
44. A RESOLUTION AMENDING THE 2012-2016 CAPITAL PROGRAM TO
ADD A NEW PROJECT, SOUTH DAKOTA BLACK HISTORY MUSEUM
EXHIBIT, IN 2012.
Sponsor: City Council
45. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
NOTICE OF HEARINGS FOR STREET VACATIONS
Set a hearing date on Monday, March 12, 2012, at 7:00 p.m. for Item 46:
46. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY
ON N. ELEANOR AVE. FROM E. 60TH ST. N. TO E. 57TH ST. N.
Sponsor: Mayor/Public Works
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
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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.
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