City Council Meeting
Regular MeetingSioux Falls, SD · June 19, 2012
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, June 19, 2012, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Kenny Anderson Jr.
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L Staggers
Council Member Sue Aguilar
Mayor Mike T. Huether
INVOCATION
Alan Greene, Evangelist, LifeLight Communications
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, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, June 12, 2012, at 4:00 p.m.
City Council Meeting of Tuesday, June 12, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on June 14, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on June 14, 2012 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: June 7, 2012; #2 Dyed Diesel, 7500
Gallons; Harms Oil ($2.8440); CHS, Inc. ($2.8500); Howes Oil ($2.8640);
Midwest Oil and Olson Oil, both no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
4. A communication was received from Mark Burk and Jessica Jensen requesting
permission to consume, but not sell, beer, wine, and liquor at The Old Courthouse
Museum, 200 West Sixth Street, on Saturday, September 8, 2012, from 5:00 p.m.
to 1:00 a.m. for a wedding reception dinner and dance.
Sponsor: SDCL 35-1-5.3
5. A communication was received from Johnay Fanning requesting permission to
consume, but not sell, beer and wine at The Old Courthouse Museum, 200 West
Sixth Street, on Saturday, December 29, 2012, from 6:00 p.m. to midnight for a
surprise party.
Sponsor: SDCL 35-1-5.3
6. A communication was received from the North Central Chapter of the Paralyzed
Veterans of America stating their intent to sell raffle tickets from July 16, 2012
until September 10, 2012 for a prize of a Henry Golden Boy .17 Cal
HMR Rifle (valued at $650.00). Tickets will be sold for 1 for $10.00 or 3 for
$20.00. The proceeds will help to support the Annual Paralyzed Veterans of
America Trapshoot in September 2012.
Sponsor: SDCL 22-25-25
APPLICATIONS
7. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion, 301 South Main Avenue, for wedding receptions on
July 7, 21; August 10, 11, and 25, 2012.
Sponsor: Mayor/Attorney
8. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear
Recreation Park, to be operated at the Great Bear Recreation Park, 5901 East Rice
Street, for a wedding reception on July 21, 2012.
Sponsor: Mayor/Attorney
9. Special One-Day Liquor License for Falls Landing Inc., Falls Landing, to be
operated at the Old Courthouse Museum, 200 West 6th Street, for a wedding
reception on August 10, 2012.
Sponsor: Mayor/Attorney
10. Special One-Day Liquor License for SMG to be operated at the Orpheum
Theater, 315 North Phillips Avenue, for a wedding reception on October 12,
2012.
Sponsor: Mayor/Attorney
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society to be operated at the Sioux Falls Convention
Center, 1101 North West Avenue, for the Expo for Her on October 19-20, 2012.
Sponsor: Mayor/Attorney
12. Various Retail Malt Beverage and Retail Malt Beverage/South Dakota Farm
Winery License renewals for 2012-13 to be operated at various locations in the
City of Sioux Falls, SD, identified as Exhibit C.
Sponsor: Mayor/Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, July 3, 2012, at 7:00 p.m. for Items 13 through 23:
13. Transfer of a 2011-2012 Retail Malt Beverage License from Frannea, Inc., King’s
Casino, 721 West 11th Street, to Frannea Inc., King’s Casino, to be operated at
721 West 11th Street, including video lottery terminals (CUP not required; this
predates the ordinance).
Sponsor: Mayor/Attorney
14. Renewal of the 2012-2013 Retail Malt Beverage for Frannea Inc., King’s Casino
to be operated at 721 West 11th Street, including video lottery terminals.
Sponsor: Mayor/Attorney
15. Transfer of a 2011-2012 Retail Malt Beverage License from Honesty Counts,
LLC, Aces Casino, 1316 South Cliff Avenue, to Honesty Counts, LLC, Aces
Casino, 1316 South Cliff Avenue, including video lottery terminals (CUP not
required; this predates the ordinance).
Sponsor: Mayor/Attorney
16. Renewal of the 2012-2013 Retail Malt Beverage for Honesty Counts, LLC, Aces
Casino to be operated at 1316 South Cliff Avenue, including video lottery
terminals.
Sponsor: Mayor/Attorney
17. Transfer of a 2011-2012 Retail Malt Beverage License from Interstate Gaming
Inc., Boxcars, 1400 East 10th Street, to Interstate Gaming, Inc., Boxcars, 1400
East 10th Street, including video lottery terminals (CUP not required; this
predates the ordinance).
Sponsor: Mayor/Attorney
18. Renewal of the 2012-2013 Retail Malt Beverage for Interstate Gaming Inc.,
Boxcars to be operated at 1400 East 10th Street, including video lottery terminals.
Sponsor: Mayor/Attorney
19. Transfer of a 2011-2012 Retail Malt Beverage License from Wayne D. Jones,
Waterhole #1, 2400 West Madison Street, to Waterhole 2400 LLC, Waterhole #1,
2400 West Madison Street, including video lottery terminals.
Sponsor: Mayor/Attorney
20. Renewal of the 2012-2013 Retail Malt Beverage for Waterhole 2400 LLC,
Waterhole #1 to be operated at 2400 West Madison Street, including video lottery
terminals.
Sponsor: Mayor/Attorney
21. Special One-Day Malt Beverage and Special One-Day Wine License requests for
Downtown Sioux Falls for Hot Summer Nites on Phillips Avenue from 9th to
14th Streets; Main Avenue from 10th to 13th Streets, 12th Street from Main to
Phillips Avenues, 11th Street from Dakota to Mall Avenues, 10th Street from
Main to Mall Avenues, Parking Ramp by Main & 12th, Surface lot behind Diner,
and Plaza by 12th & Phillips on July 18, 2012.
Sponsor: Mayor/Attorney
22. Special One-Day Liquor License request for TSK LLC, Stogeez, to be operated
on Phillips Avenue Between 10th and 11th Streets for the Stogeez Steakout on
July 28, 2012.
Sponsor: Mayor/Attorney
23. Special One-Day Liquor License for Downtown Sioux Falls to be operated at
Falls Park West and Phillips Avenue from 6th Street north to 2nd Street, for
Downtown LIVE on August 18, 2012.
Sponsor: Mayor/Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member James Entenman and seconded by Council
Member Rex Rolfing to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
PUBLIC INPUT
Theresa Stehly spoke on the Neighborhood Watch Program. In addition, she expressed
concern over a citizen's question addressed to a City Council Member and asked for
continued advocacy.
I.L. Wiedermann stated he received five anonymous phone calls asking him to stay out
of the City's business. He addressed concerns regarding Council members changing
procedures, particularly the limitation of asking two questions.
Kim Nelson spoke regarding the detention pond in her back yard in the area of 12th and
Lyons. She feels there is a double standard as the City requires property owners to
maintain their lawns yet is not mowing the detention ponds.
Marcy Jensen also lives in the area of this naturalized area detention pond. She has
similar concerns. She is worried that this will incite more wildlife and mosquitos in the
area. The natural grasses aggravate her health issues.
Tim Stanga said he spoke to Mark Cotter, Public Works Director, and Cotter stated the
Public Works team will work on the Cliff Avenue hill. They also talked about East 10th
Street and the possibility of the crews working later hours. He is disappointed regarding
the two question issue.
UNFINISHED BUSINESS
24. New 2012-2013 Retail Malt Beverage License for Philanthropy Promotions Inc.,
J & L Harley Davidson, to be operated at 2601 W 60th St N, effective July 1,
2012, with the Special Use Permit (2007-04-22) being approved on May 2, 2007
(previously licensed as Retail Malt Beverage/South Dakota Farm Winery).
Sponsor: Mayor/City Attorney
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to approve Item 24. Council Member Jim Entenman was excused
from the meeting and the vote on this item.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg
Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
25. New 2012-2013 Retail Malt Beverage License for Main and Main LLC,
Springhill Suites, to be operating at 4304 West Empire Place, effective July 1,
2012, with the Special Use Permit (2008-03-06) being approved on April 2, 2008
(previously licensed as Retail Malt Beverage/South Dakota Farm Winery).
Sponsor: Mayor/City Attorney
26. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Area Humane Society to be operated at Landscape Garden Center,
7201 South Minnesota Avenue, for the Paws to Celebrate Fundraiser on June 23,
2012.
Sponsor: Mayor/City Attorney
27. Special One-Day Wine License for Senior Citizens Services Inc., to be operated
at Active Generations, 2300 West 46th Street, for the Cocktails and Canvas Art
Class on June 26, 2012.
Sponsor: Mayor/City Attorney
28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society to be operated at Vern Eide Acura, 4030 S.
Grange Avenue, for the Jazz & Brews Fundraiser on June 28, 2012.
Sponsor: Mayor/City Attorney
29. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Home Builders Association of the Sioux Empire to be operated at Timber Oak
Estates & Addition (First Choice Development), 2601 W 90th Street, for the
Associates Appreciation Night on August 1, 2012.
Sponsor: Mayor/City Attorney
30. 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 Meetings on September 27 and November 15, 2012.
Sponsor: Mayor/City Attorney
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to approve Items 25 through 30.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
31. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2012-13 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit B.
Sponsor: Mayor/City Attorney
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to approve Item 31.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
32. DEFERRED (from the meeting of June 12, 2012, the vote on the amended
version) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS,
SD, AMENDING ARTICLE IX, CHAPTER 38 OF THE REVISED
ORDINANCES OF THE CITY BY DEFINING AND ESTABLISHING
PROCEDURES FOR SPECIAL EVENTS.
Sponsor: Mayor/Parks and Recreation
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance No. 39-12.
A motion was made by Council Member Kermit L. Staggers and seconded by Council
Member Kenny Anderson Jr. to amend the main motion by deleting Classes 3 and 4
under Section 38-136.
Vote to amend: Roll Call: Yeses, Kermit L Staggers, 1. Noes, Kenny Anderson Jr.,
James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue
Aguilar, 7.
Motion Failed.
Vote to adopt the main motion: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 7. Noes,
Kermit L Staggers, 1.
Motion Passed.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING CHAPTERS 10 AND 40 OF THE REVISED ORDINANCES OF
THE CITY OF SIOUX FALLS, SD, BY AMENDING ON-STREET BICYCLE
ORDINANCES.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Kenny Anderson Jr. to defer action to Tuesday, July 10, 2012, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. on Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1826 S. GRANGE AVE. FROM THE RS-2,
RESIDENTIAL DISTRICT TO THE S, INSTITUTIONAL DISTRICT,
PETITION NO. 2012-05-01, 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 Rex Rolfing and seconded by Council Member
James Entenman to set a date of hearing and 2nd reading for Tuesday, July 3, 2012, at
7:00 p.m. for Item 34.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. on Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1904 S. GRANGE AVE. FROM THE RS-2,
RESIDENTIAL DISTRICT TO THE S, INSTITUTIONAL DISTRICT,
PETITION NO. 2012-05-02, 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 James Entenman and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd reading for Tuesday, July 3, 2012,
at 7:00 p.m. for Item 35.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. on Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-05-09, TO CHAPTER
15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT 8000 E. HWY 42
AMENDING THE WILLOW RUN PLANNED DEVELOPMENT DISTRICT
SUBAREA REGULATIONS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Dean Karsky and seconded by Council Member
James Entenman to set a date of hearing and 2nd reading for Tuesday, July 3, 2012, at
7:00 p.m. for Item 36.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. on Item 37:
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-05-14, TO CHAPTER
15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT N. BOBHALLA DR.
AND W. BENSON RD. AMENDING THE SANFORD SPORTS COMPLEX
PLANNED DEVELOPMENT DISTRICT SUBAREA REGULATIONS.
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 Greg Jamison to set a date of hearing and 2nd reading for Tuesday, July 3, 2012,
at 7:00 p.m. for Item 37. Council Member Jim Entenman was excused from the meeting
and the vote on this item.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg
Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. on Item 38:
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3400 S. GRANGE AVE. FROM THE RC,
RECREATION/CONSERVATION, THE RA-2, RESIDENTIAL, AND THE I-1,
LIGHT INDUSTRIAL DISTRICT TO THE C-4, PLANNED COMMERCIAL,
THE RC, RECREATION/CONSERVATION AND THE RA-2, RESIDENTIAL
DISTRICT, PETITION NO. 2012-05-06, 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, July 3,
2012, at 7:00 p.m. for Item 38.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. on Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. 57TH ST. AND S. OLD YANKTON TRL.
FROM THE RS-1, RESIDENTIAL DISTRICT TO THE C-4, PLANNED
COMMERCIAL DISTRICT, PETITION NO. 2012-05-18, 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 Rex Rolfing to set a date of hearing and 2nd reading for Tuesday, July 3, 2012,
at 7:00 p.m. for Item 39.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
40. A RESOLUTION PROVIDING RECOMMENDATIONS AND SUPPORT FOR
PENSION PLAN CHANGES FOR CITY OF SIOUX FALLS EMPLOYEES
(South Dakota Retirement System recommendation).
Sponsor: Mayor/Human Resources
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to defer action to Tuesday, July 10, 2012, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
41. A RESOLUTION PROVIDING RECOMMENDATIONS AND SUPPORT FOR
PENSION PLAN CHANGES FOR CITY OF SIOUX FALLS EMPLOYEES
(Employee’s Retirement System Board of Trustees and Firefighters’ Pension
Fund Board of Trustees recommendation).
Sponsor: Mayor/Human Resources
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to defer action to Tuesday, July 10, 2012, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
42. A RESOLUTION DECLARING CITY SUPPORT FOR THE ADOPTION OF
THE LINCOLN COUNTY AND MINNEHAHA COUNTY MULTI-HAZARD
PRE-DISASTER MITIGATION PLAN 2011 UPDATE.
Sponsor: Mayor/Fire Rescue
A motion was made by Council Member Kermit L Staggers and seconded by Council
Member Michelle Erpenbach to defer action to Tuesday, July 17, 2012, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
43. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE
CITY OF SIOUX FALLS, SD.
Sponsor: City Council
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Sue Aguilar to adopt said Resolution 38-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
RESOLUTION NO. 38-12
A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF
SIOUX FALLS, SD.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Pursuant to SDCL 9-12-6, the official newspaper for the City of Sioux Falls, SD, shall be the
Argus Leader, for a period from July 10, 2012, through July 2, 2013.
This Resolution is effective upon the date of publication.
Date adopted: June 19, 2012.
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Rex Rolfing to adopt said Resolution 39-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
RESOLUTION NO. 39-12
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
Joel Rosenthal Library Board of Trustees Reappointed for a term from
June 2012 to May 2015.
Quinn Stein Library Board of Trustees Reappointed for a term from
June 2012 to May 2015.
Patricia Lloyd Parks and Recreation Board Reappointed for a term from
June 2012 to May 2017.
Date adopted: June 19, 2012 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
ADJOURNMENT
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to adjourn at 9:00 p.m.
The Mayor called for a voice vote. All members present voted yes.
Lorie Hogstad, CMC
City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, June 19, 2012 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Jim Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Mayor Mike T. Huether
INVOCATION
● Alan Greene, Evangelist, LifeLight Communications
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, June 12, 2012, at 4:00 p.m.
● City Council Meeting of Tuesday, June 12, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on June 14, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on June 14, 2012 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: June 7, 2012; #2 Dyed Diesel, 7500
Gallons; Harms Oil ($2.8440); CHS, Inc. ($2.8500); Howes Oil ($2.8640);
Midwest Oil and Olson Oil, both no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
4. A communication was received from Mark Burk and Jessica Jensen requesting
permission to consume, but not sell, beer, wine, and liquor at The Old Courthouse
Museum, 200 West Sixth Street, on Saturday, September 8, 2012, from 5:00 p.m.
to 1:00 a.m. for a wedding reception dinner and dance.
Sponsor: SDCL 35-1-5.3
5. A communication was received from Johnay Fanning requesting permission to
consume, but not sell, beer and wine at The Old Courthouse Museum, 200 West
Sixth Street, on Saturday, December 29, 2012, from 6:00 p.m. to midnight for a
surprise party.
Sponsor: SDCL 35-1-5.3
6. A communication was received from the North Central Chapter of the Paralyzed
Veterans of America stating their intent to sell raffle tickets from July 16, 2012
until September 10, 2012 for a prize of a Henry Golden Boy .17 Cal
HMR Rifle (valued at $650.00). Tickets will be sold for 1 for $10.00 or 3 for
$20.00. The proceeds will help to support the Annual Paralyzed Veterans of
America Trapshoot in September 2012.
Sponsor: SDCL 22-25-25
APPLICATIONS
7. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion, 301 South Main Avenue, for wedding receptions on
July 7, 21; August 10, 11, and 25, 2012.
Sponsor: Mayor/Attorney
8. Special One-Day Liquor License for Great Bear Recreation Park Inc., Great Bear
Recreation Park, to be operated at the Great Bear Recreation Park, 5901 East Rice
Street, for a wedding reception on July 21, 2012.
Sponsor: Mayor/Attorney
9. Special One-Day Liquor License for Falls Landing Inc., Falls Landing, to be
operated at the Old Courthouse Museum, 200 West 6th Street, for a wedding
reception on August 10, 2012.
Sponsor: Mayor/Attorney
10. Special One-Day Liquor License for SMG to be operated at the Orpheum Theater,
315 North Phillips Avenue, for a wedding reception on October 12, 2012.
Sponsor: Mayor/Attorney
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society to be operated at the Sioux Falls Convention
Center, 1101 North West Avenue, for the Expo for Her on October 19-20, 2012.
Sponsor: Mayor/Attorney
12. Various Retail Malt Beverage and Retail Malt Beverage/South Dakota Farm
Winery License renewals for 2012-13 to be operated at various locations in the
City of Sioux Falls, SD, identified as Exhibit C.
Sponsor: Mayor/Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, July 3, 2012, at 7:00 p.m. for Items 13 through 23:
13. Transfer of a 2011-2012 Retail Malt Beverage License from Frannea, Inc., King’s
Casino, 721 West 11th Street, to Frannea Inc., King’s Casino, to be operated at
721 West 11th Street, including video lottery terminals (CUP not required; this
predates the ordinance).
Sponsor: Mayor/Attorney
14. Renewal of the 2012-2013 Retail Malt Beverage for Frannea Inc., King’s Casino
to be operated at 721 West 11th Street, including video lottery terminals.
Sponsor: Mayor/Attorney
15. Transfer of a 2011-2012 Retail Malt Beverage License from Honesty Counts,
LLC, Aces Casino, 1316 South Cliff Avenue, to Honesty Counts, LLC, Aces
Casino, 1316 South Cliff Avenue, including video lottery terminals (CUP not
required; this predates the ordinance).
Sponsor: Mayor/Attorney
16. Renewal of the 2012-2013 Retail Malt Beverage for Honesty Counts, LLC, Aces
Casino to be operated at 1316 South Cliff Avenue, including video lottery
terminals.
Sponsor: Mayor/Attorney
17. Transfer of a 2011-2012 Retail Malt Beverage License from Interstate Gaming
Inc., Boxcars, 1400 East 10th Street, to Interstate Gaming, Inc., Boxcars, 1400
East 10th Street, including video lottery terminals (CUP not required; this predates
the ordinance).
Sponsor: Mayor/Attorney
18. Renewal of the 2012-2013 Retail Malt Beverage for Interstate Gaming Inc.,
Boxcars to be operated at 1400 East 10th Street, including video lottery terminals.
Sponsor: Mayor/Attorney
19. Transfer of a 2011-2012 Retail Malt Beverage License from Wayne D. Jones,
Waterhole #1, 2400 West Madison Street, to Waterhole 2400 LLC, Waterhole #1,
2400 West Madison Street, including video lottery terminals.
Sponsor: Mayor/Attorney
20. Renewal of the 2012-2013 Retail Malt Beverage for Waterhole 2400 LLC,
Waterhole #1 to be operated at 2400 West Madison Street, including video lottery
terminals.
Sponsor: Mayor/Attorney
21. Special One-Day Malt Beverage and Special One-Day Wine License requests for
Downtown Sioux Falls for Hot Summer Nites on Phillips Avenue from 9th to 14th
Streets; Main Avenue from 10th to 13th Streets, 12th Street from Main to Phillips
Avenues, 11th Street from Dakota to Mall Avenues, 10th Street from Main to Mall
Avenues, Parking Ramp by Main & 12th, Surface lot behind Diner, and Plaza by
12th & Phillips on July 18, 2012.
Sponsor: Mayor/Attorney
22. Special One-Day Liquor License request for TSK LLC, Stogeez, to be operated on
Phillips Avenue Between 10th and 11th Streets for the Stogeez Steakout on July
28, 2012.
Sponsor: Mayor/Attorney
23. Special One-Day Liquor License for Downtown Sioux Falls to be operated at Falls
Park West and Phillips Avenue from 6th Street north to 2nd Street, for Downtown
LIVE on August 18, 2012.
Sponsor: Mayor/Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
24. New 2012-2013 Retail Malt Beverage License for Philanthropy Promotions Inc., J
& L Harley Davidson, to be operated at 2601 W 60th St N, effective July 1, 2012,
with the Special Use Permit (2007-04-22) being approved on May 2, 2007
(previously licensed as Retail Malt Beverage/South Dakota Farm Winery).
Sponsor: Mayor/City Attorney
25. New 2012-2013 Retail Malt Beverage License for Main and Main LLC, Springhill
Suites, to be operating at 4304 West Empire Place, effective July 1, 2012, with the
Special Use Permit (2008-03-06) being approved on April 2, 2008 (previously
licensed as Retail Malt Beverage/South Dakota Farm Winery).
Sponsor: Mayor/City Attorney
26. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Area Humane Society to be operated at Landscape Garden Center,
7201 South Minnesota Avenue, for the Paws to Celebrate Fundraiser on June 23,
2012.
Sponsor: Mayor/City Attorney
27. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at
Active Generations, 2300 West 46th Street, for the Cocktails and Canvas Art Class
on June 26, 2012.
Sponsor: Mayor/City Attorney
28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society to be operated at Vern Eide Acura, 4030 S.
Grange Avenue, for the Jazz & Brews Fundraiser on June 28, 2012.
Sponsor: Mayor/City Attorney
29. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Home Builders Association of the Sioux Empire to be operated at Timber Oak
Estates & Addition (First Choice Development), 2601 W 90th Street, for the
Associates Appreciation Night on August 1, 2012.
Sponsor: Mayor/City Attorney
30. 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 Meetings on September 27 and November 15, 2012.
Sponsor: Mayor/City Attorney
31. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2012-13 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit B.
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
32. DEFERRED (from the meeting of June 12, 2012, the vote on the amended
version) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS,
SD, AMENDING ARTICLE IX, CHAPTER 38 OF THE REVISED
ORDINANCES OF THE CITY BY DEFINING AND ESTABLISHING
PROCEDURES FOR SPECIAL EVENTS.
Sponsor: Mayor/Parks and Recreation
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING CHAPTERS 10 AND 40 OF THE REVISED ORDINANCES OF
THE CITY OF SIOUX FALLS, SD, BY AMENDING ON-STREET BICYCLE
ORDINANCES.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. for Item
34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1826 S. GRANGE AVE. FROM THE RS-2,
RESIDENTIAL DISTRICT TO THE S, INSTITUTIONAL DISTRICT,
PETITION NO. 2012-05-01, 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, July 3, 2012, at 7:00 p.m. for Item
35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1904 S. GRANGE AVE. FROM THE RS-2,
RESIDENTIAL DISTRICT TO THE S, INSTITUTIONAL DISTRICT,
PETITION NO. 2012-05-02, 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, July 3, 2012, at 7:00 p.m. for Item
36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-05-09, TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT 8000 E. HWY 42 AMENDING
THE WILLOW RUN PLANNED DEVELOPMENT DISTRICT SUBAREA
REGULATIONS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. for Item
37:
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-05-14, TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT N. BOBHALLA DR. AND W.
BENSON RD. AMENDING THE SANFORD SPORTS COMPLEX PLANNED
DEVELOPMENT DISTRICT SUBAREA REGULATIONS. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, July 3, 2012, at 7:00 p.m. for Item
38:
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3400 S. GRANGE AVE. FROM THE RC,
RECREATION/CONSERVATION, THE RA-2, RESIDENTIAL, AND THE I-1,
LIGHT INDUSTRIAL DISTRICT TO THE C-4, PLANNED COMMERCIAL,
THE RC, RECREATION/CONSERVATION AND THE RA-2, RESIDENTIAL
DISTRICT, PETITION NO. 2012-05-06, 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, July 3, 2012, at 7:00 p.m. for Item
39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. 57TH ST. AND S. OLD YANKTON TRL.
FROM THE RS-1, RESIDENTIAL DISTRICT TO THE C-4, PLANNED
COMMERCIAL DISTRICT, PETITION NO. 2012-05-18, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
HEARINGS AND RESOLUTIONS
40. A RESOLUTION PROVIDING RECOMMENDATIONS AND SUPPORT FOR
PENSION PLAN CHANGES FOR CITY OF SIOUX FALLS EMPLOYEES
(South Dakota Retirement System recommendation).
Sponsor: Mayor/Human Resources
41. A RESOLUTION PROVIDING RECOMMENDATIONS AND SUPPORT FOR
PENSION PLAN CHANGES FOR CITY OF SIOUX FALLS EMPLOYEES
(Employee’s Retirement System Board of Trustees and Firefighters’ Pension Fund
Board of Trustees recommendation).
Sponsor: Mayor/Human Resources
42. A RESOLUTION DECLARING CITY SUPPORT FOR THE ADOPTION OF
THE LINCOLN COUNTY AND MINNEHAHA COUNTY MULTI-HAZARD
PRE-DISASTER MITIGATION PLAN 2011 UPDATE.
Sponsor: Mayor/Fire Rescue
43. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE
CITY OF SIOUX FALLS, SD.
Sponsor: City Council
44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE
STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE THE FIRST, SECOND,
THIRD, AND LAST TUESDAYS OF EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND,
AND LAST TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS
AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA
COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD TUESDAY OF EACH MONTH AT 5:30 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’ VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE.
CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK.
CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON
SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY
COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY
COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON
FIRST SUNDAY AFTER LIVE MEETING.
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