City Council Meeting
Regular MeetingSioux Falls, SD · July 3, 2012
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, July 3, 2012, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member James Entenman Council Member Rex Rolfing
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Mayor Mike T. Huether
INVOCATION
Pastor Wade Mobley, Living Word Free Lutheran Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 6. Noes, 0. Council Member
James Entenman was excused from the meeting and the vote on this item.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, June 19, 2012, at 4:00 p.m.
Joint City Council/Minnehaha County Commission Meeting of Tuesday, June 19, 2012,
at 5:00 p.m.
City Council Meeting of Tuesday, June 19, 2012, at 7:00 p.m.
Informational Minutes of Tuesday, June 26, 2012, at 4:00 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the June 28, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on the June 28, 2012 memo
Sponsor: Mayor/Finance
3. A memorandum dated June 14, 2012, declaring surplus a capital item that will be
demolished as part of infrastructure upgrades.
Sponsor: Mayor/Finance
4. A communication was received from the Sioux Falls Development Foundation,
Inc. requesting permission to consume, but not sell, beer and wine at the Avera
Prairie Center, 1000 East 23rd Street, on Tuesday, July 10, 2012, from 3:00 p.m.
to 6:00 p.m. for the purpose of the 2012 membership drive wrap-up.
Sponsor: SDCL 35-1-5.3
5. A communication was received from the Sioux Falls Green Project requesting
permission to consume, but not sell, beer and wine at the Sioux Falls Design
Center, 108 W. Phillips Avenue on Tuesday, July 10, 2012, from 6:00 p.m. to
9:00 p.m. for the purpose of hosting a grand opening of the Sioux Falls Design
Center.
Sponsor: SDCL 35-1-5.3
6. A communication was received from Erika Johnson and Christopher Lee
requesting permission to consume, but not sell, wine and malt beverages at the
Old Courthouse Museum, 200 W. 6th Street, on Saturday, September 22,
2012, from 5:00 p.m. to 11:00 p.m. for the purpose of a wedding reception.
Sponsor: SDCL 35-1-5.3
7. A communication was received from Helmets 4 Kids stating their intent to sell
raffle tickets from Wednesday, July 25, 2012, to Saturday, August 25, 2012, for
the following prizes: Android Smart Phone (valued at $300.00); Grand Falls
Package (valued at $100.00); Massage (valued at $50.00 - $75.00); MP3 players
(valued at $20.00); and restaurant gift cards (valued at $10.00). The tickets will
be sold for $10.00 each. The proceeds will be used for purchasing bicycle
helmets and distributing as funds allow.
Sponsor: SDCL 22-25-25
8. A communication was received from Preventive Health Strategies ("PHS")
stating their intent to sell raffle tickets after August 1, 2012. The cost of the
tickets is $1,000.00 each and a minimum of 50 tickets must be sold prior to the
award of any prize. The winner will be awarded the option of a 2012 Harley-
Davidson Softtail Deluxe (ARV $18,900.94) or $20,000.00 cash. The prize
drawing will coordinate with the Sturgis Motorcycle rally during August 6-12,
2012. The proceeds will provide funding for charitable activities within the
strategic mission of PHS.
Sponsor: SDCL 22-25-25
9. A communication was received from the Nelson Classic stating their intent to sell
raffle tickets on Friday, August 3, 2012, for a bean bag game (valued at $100.00).
The tickets will be sold for $10.00 each or three for $20.00. The proceeds will be
used for scholarships in the Advertising Degree program at South Dakota State
University.
Sponsor: SDCL 22-25-25
10. Report of Requests for Quotes for Fuel dated: June 13, 2012; Unleaded Ethanol;
8,500 gallons; Harms Oil ($3.0823); CHS, Inc. ($3.1010); Howes Oil and Olson
Oil, both no bids. Bid Awarded to: Harms Oil.
Sponsor: Mayor/Public Works
11. Report of Requests for Quotes for Fuel dated: June 13, 2012; #2 Dyed Diesel
Fuel; 7,500 gallons; Harms Oil ($2.8060); CHS, Inc. ($2.8280); Howes Oil,
Midwest Oil and Olson Oil, all no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
12. Report of Requests for Quotes for Fuel dated: June 15, 2012; #2 Clear Diesel;
7,500 gallons; CHS, Inc. ($3.064); Howes Oil, Harms Oil and Midwest Oil, all no
bids. Bid awarded to: CHS, Inc.
Sponsor: Mayor/Planning and Building Services
13. Report of Requests for Quotes for Fuel dated: June 18, 2012; #2 Dyed Diesel
Fuel; 7,500 gallons; Howes Oil ($2.8495); Harms Oil ($2.8650); CHS, Inc.
($2.8920); Midwest Oil ($2.9500); Olson Oil, no bid. Bid awarded to: Howes Oil
Sponsor: Mayor/Public Works
14. Report of Requests for Quotes for Fuel dated: June 20, 2012; #2 Clear Diesel;
8,200 gallons; Harms Oil ($3.3148); CHS, Inc, Howes Oil and Midwest Oil, all
no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Planning and Building Services
15. Report of Requests for Quotes for Fuel dated: June 26, 2012; Diesel (#1 and #2
blend); 600 gallons; Howes Oil ($1,803.00); Midway Service
($1,832.40); Palisades Oil, no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
16. Report of Requests for Quotes for Fuel dated: June 26, 2012; Unleaded; 600
gallons; Howes Oil ($1,810.20); Midway Service ($1,930.20); Palisades Oil, no
bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
17. Report of Requests for Quotes for Fuel dated: June 26, 2012; #2 Dyed Diesel;
1,000 gallons; Midway Service ($2.9300); Howes Oil ($2.8990); Midwest Oil
($3.1090). Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
APPLICATIONS
18. Special One-Day Liquor Licenses for Washington Pavilion Management Inc. to
be operated at the Washington Pavilion of Arts & Science, 301 South Main
Avenue, for wedding receptions on July 28 and September 1, 2012.
Sponsor: Mayor/City Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, July 17, 2012, for Items 19 through 27:
19. Transfer of a 2012 Retail Liquor License from Soft Egg Inc., Whisk & Chop, 108
South Minnesota Avenue, to Porter Apple Company “B” Inc., Applebee’s
Neighborhood Grill & Bar, to be operated at 108 South Minnesota Avenue,
including Sunday Sales (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
20. Transfer of a 2011-2012 Retail Malt Beverage/South Dakota Farm Winery
License from LIDA Investment Corp., Easy Dough Casino, 2309 West 12th
Street, to LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street,
including video lottery terminals (with the Conditional Use Permit (2012-05-11)
being approved on June 6, 2012).
Sponsor: Mayor/City Attorney
21. Renewal of the 2012-2013 Retail Malt Beverage/South Dakota Farm Winery
License for LIDA Investment Corp., Easy Dough Casino, to be operated at 2309
West 12th Street, including video lottery terminals (with the Conditional Use
Permit (2012-05-11) being approved on June 6, 2012).
Sponsor: Mayor/City Attorney
22. Renewal of the 2012-2013 Retail Malt Beverage for Royal Palace Inc., Royal
Palace to be operated at 5015 South Louise Avenue.
Sponsor: Mayor/City Attorney
23. Special One-Day Wine License for Avera Mckennan Hospital and University
Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for a
Rock Garden Tour fundraiser on July 19, 2012.
Sponsor: Mayor/City Attorney
24. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee, to
be operated at the Point is to Serve Church, 506 North Kiwanis Avenue, for
weddings on August 11, 2012 and May 18, 2013.
Sponsor: Mayor/City Attorney
25. Special One-Day Beer and Wine Licenses for Sanford Health to be operated at
the Sanford Center Great Lawn, 2301 East 60th Street North, for an Employee
Appreciation Event on August 3, 2012.
Sponsor: Mayor/City Attorney
26. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee, to
be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis
Avenue, for a Zoo fundraiser on August 9, 2012.
Sponsor: Mayor/City Attorney
27. Special One-Day Liquor License for Avera McKennan Hospital and University
Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for
an Oncology Symposium Social on September 21, 2012.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Greg Jamison and seconded by Council
Member Sue Aguilar to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Scott Ehrisman spoke about transparency in city government and the Events Center.
Mark Weber spoke regarding growth in the Sioux Falls home market and questioned
whether or not the statistics regarding home foreclosures are accurate.
Council Member Kermit L. Staggers spoke regarding why he is wearing a patch over his
eye.
UNFINISHED BUSINESS
28. 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
29. 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
30. 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
31. 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
32. 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
33. 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
34. 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
35. 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
36. 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
37. 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
38. 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
A motion was made by Council Member Michelle Erpenbach and seconded by
Council Member James Entenman to approve Items 28 through 38.
Vote to approve: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
39. 2nd 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 James Entenman and seconded by Council
Member Greg Jamison to adopt said Ordinance No. 40-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
40. 2nd 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 Greg Jamison and seconded by Council
Member James Entenman to adopt said Ordinance No. 41-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
41. 2nd 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 Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 42-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
42. 2nd 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 Sue Aguilar and seconded by Council Member
Michelle Erpenbach to adopt said Ordinance 43-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 6. Noes, 0. Council Member
James Entenman was excused from the meeting and the vote on this item.
Motion Passed.
43. 2nd 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 Greg Jamison and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 44-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
44. 2nd 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 James Entenman to adopt said Ordinance No. 45-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
45:
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING
THE SCHEDULE OF RATES TO BE CHARGED BY THE CITY LIGHT AND
POWER DEPARTMENT FOR FURNISHING ELECTRIC CURRENT FOR
LIGHT AND POWER PURPOSES AS FOUND IN CHAPTER 41
“UTILITIES.”
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday, July 10,
2012, at 7:00 p.m. for Item 45.
Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
46:
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING
SEWER UTILITY RATES AND CHARGES AS FOUND IN CHAPTER 41,
UTILITIES.
Sponsor: Mayor/Public Works
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 10,
2012, at 7:00 p.m. for Item 46.
Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
47:
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING
CHAPTER 18 THEREOF TO INCREASE RATES AT THE LANDFILL IN
SECTION 18-30.
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 Tuesday, July 10, 2012,
at 7:00 p.m. for Item 47.
Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
48:
48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY
INCREASING WATER RATES AS FOUND IN CHAPTER 41, UTILITIES.
Sponsor: Mayor/Public Works
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member James Entenman to set a date of hearing and 2nd Reading for Tuesday, July
10, 2012, at 7:00 p.m. for Item 48.
Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Sue Aguilar, Kenny Anderson Jr., 6. Noes, Kermit L. Staggers,
1.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 17, 2012, at 7:00 p.m. for Item
49:
49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO ESTABLISH
SINGLE-STREAM RECYCLING.
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 for Tuesday, July 17,
2012, at 7:00 p.m. for Item 49.
Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes,
0.
Motion Passed.
HEARINGS AND RESOLUTIONS
50. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF WILLIAMS ADDITION.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to adopt said Resolution No. 40-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 40-12
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF WILLIAMS ADDITION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of Williams Addition to the City of Sioux Falls, Minnehaha County,
SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to
endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 07/03/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
51. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: City Council
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Greg Jamison to adopt said Resolution No. 41-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 41-12
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 City Council appointments:
Name Board Term
Kenny Anderson Jr. SECOG Appointed for a term from August 2012 until August 2013.
Sue Aguilar SECOG Appointed for a term from August 2012 until August 2013.
Jim David SECOG Appointed for a term from August 2012 until August 2013,
as an alternate.
Kenny Anderson Jr. UDC Appointed for a term from August 2012 until August 2013.
Greg Jamison UDC Appointed for a term from August 2012 until August 2013.
Dean Karsky UDC Appointed for a term from August 2012 until August 2013.
Rex Rolfing UDC Appointed for a term from August 2012 until August 2013.
Michelle Erpenbach UDC Appointed for a term from August 2012 until August 2013,
and Jim David as alternates.
Date adopted: 07/03/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS
WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE
SIOUX FALLS CITY CHARTER SECTION 5.07(d)
52. REPORT OF THE JUNE 22, 2012, NOTICE OF TRANSFERS OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
Sponsor: Mayor/Finance
ADJOURNMENT
A motion was made by Council Member Dean Karsky and seconded by Council Member
Michelle Erpenbach to adjourn the meeting at 8:39 p.m. Mayor Huether called for a
voice vote, all members present voted yes. Motion Passed.
Tamara Jorgensen, CMC
Assistant City Clerk
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7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, July 3, 2012 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
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
Mayor Mike T. Huether
INVOCATION
● Pastor Wade Mobley, Living Word Free Lutheran Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, June 19, 2012, at 4:00 p.m.
● Joint City Council/Minnehaha County Commission Meeting of Tuesday, June 19,
2012, at 5:00 p.m.
● City Council Meeting of Tuesday, June 19, 2012, at 7:00 p.m.
● Informational Minutes of Tuesday, June 26, 2012, at 4:00 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the June 28, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on the June 28, 2012 memo.
Sponsor: Mayor/Finance
3. A memorandum dated June 14, 2012 declaring surplus a capital item that will be
demolished as part of infrastructure upgrades.
Sponsor: Mayor/Finance
4. A communication was received from the Sioux Falls Development Foundation,
Inc. requesting permission to consume, but not sell, beer and wine at the Avera
Prairie Center, 1000 East 23rd Street, on Tuesday, July 10, 2012, from 3:00 p.m.
to 6:00 p.m. for the purpose of the 2012 membership drive wrap-up.
Sponsor: SDCL 35-1-5.3
5. A communication was received from the Sioux Falls Green Project requesting
permission to consume, but not sell, beer and wine at the Sioux Falls Design
Center, 108 N. Phillips Avenue on Tuesday, July 10, 2012, from 6:00 p.m. to 9:00
p.m. for the purpose of hosting a grand opening of the Sioux Falls Design Center.
Sponsor: SDCL 35-1-5.3
6. A communication was received from Erika Johnson and Christopher Lee
requesting permission to consume, but not sell, wine and malt beverages at the Old
Courthouse Museum, 200 W. 6th Street, on Saturday, September 22, 2012, from
5:00 p.m. to 11:00 p.m. for the purpose of a wedding reception.
Sponsor: SDCL 35-1-5.3
7. A communication was received from Helmets 4 Kids stating their intent to sell
raffle tickets from Wednesday, July 25, 2012, to Saturday, August 25, 2012, for
the following prizes: Android Smart Phone (valued at $300.00); Grand Falls
Package (valued at $100.00); Massage (valued at $50.00 - $75.00); MP3 players
(valued at $20.00); and restaurant gift cards (valued at $10.00). The tickets will be
sold for $10.00 each. The proceeds will be used for purchasing bicycle helmets
and distributing as funds allow.
Sponsor: SDCL 22-25-25
8. A communication was received from Preventive Health Strategies ("PHS") stating
their intent to sell raffle tickets after August 1, 2012. The cost of the tickets is
$1,000.00 each and a minimum of 50 tickets must be sold prior to the award of
any prize. The winner will be awarded the option of a 2012 Harley-Davidson
Softtail Deluxe (ARV $18,900.94) or $20,000.00 cash. The prize drawing will
coordinate with the Sturgis Motorcycle rally during August 6-12, 2012. The
proceeds will provide funding for charitable activities within the strategic mission
of PHS.
Sponsor: SDCL 22-25-25
9. A communication was received from the Nelson Classic stating their intent to sell
raffle tickets on Friday, August 3, 2012, for a bean bag game (valued at $100.00).
The tickets will be sold for $10.00 each or three for $20.00. The proceeds will be
used for scholarships in the Advertising Degree program at South Dakota State
University.
Sponsor: SDCL 22-25-25
10. Report of Requests for Quotes for Fuel dated: June 13, 2012; Unleaded Ethanol;
8,500 gallons; Harms Oil ($3.0823); CHS, Inc. ($3.1010); Howes Oil and Olson
Oil, both no bids. Bid Awarded to: Harms Oil.
Sponsor: Mayor/Public Works
11. Report of Requests for Quotes for Fuel dated: June 13, 2012; #2 Dyed Diesel Fuel;
7,500 gallons; Harms Oil ($2.8060); CHS, Inc. ($2.8280); Howes Oil, Midwest
Oil and Olson Oil, all no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
12. Report of Requests for Quotes for Fuel dated: June 15, 2012; #2 Clear Diesel;
7,500 gallons; CHS, Inc. ($3.064); Howes Oil, Harms Oil and Midwest Oil, all no
bids. Bid awarded to: CHS, Inc.
Sponsor: Mayor/Planning and Building Services
13. Report of Requests for Quotes for Fuel dated: June 18, 2012; #2 Dyed Diesel Fuel;
7,500 gallons; Howes Oil ($2.8495); Harms Oil ($2.8650); CHS, Inc. ($2.8920);
Midwest Oil ($2.9500); Olson Oil, no bid. Bid awarded to: Howes Oil
Sponsor: Mayor/Public Works
14. Report of Requests for Quotes for Fuel dated: June 20, 2012; #2 Clear Diesel;
8,200 gallons; Harms Oil ($3.3148); CHS, Inc, Howes Oil and Midwest Oil, all no
bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Planning and Building Services
15. Report of Requests for Quotes for Fuel dated: June 26, 2012; Diesel (#1 and #2
blend); 600 gallons; Howes Oil ($1,803.00); Midway Service ($1,832.40);
Palisades Oil, no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
16. Report of Requests for Quotes for Fuel dated: June 26, 2012; Unleaded; 600
gallons; Howes Oil ($1,810.20); Midway Service ($1,930.20); Palisades Oil, no
bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
17. Report of Requests for Quotes for Fuel dated: June 26, 2012; #2 Dyed Diesel;
1,000 gallons; Midway Service ($2.9300); Howes Oil ($2.8990); Midwest Oil
($3.1090). Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
APPLICATIONS
18. Special One-Day Liquor Licenses for Washington Pavilion Management Inc. to be
operated at the Washington Pavilion of Arts & Science, 301 South Main Avenue,
for wedding receptions on July 28 and September 1, 2012.
Sponsor: Mayor/City Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, July 17, 2012, for Items 19 through 27:
19. Transfer of a 2012 Retail Liquor License from Soft Egg Inc., Whisk & Chop, 108
South Minnesota Avenue, to Porter Apple Company “B” Inc., Applebee’s
Neighborhood Grill & Bar, to be operated at 108 South Minnesota Avenue,
including Sunday Sales (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
20. Transfer of a 2011-2012 Retail Malt Beverage/South Dakota Farm Winery
License from LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street,
to LIDA Investment Corp., Easy Dough Casino, 2309 West 12th Street, including
video lottery terminals (with the Conditional Use Permit (2012-05-11) being
approved on June 6, 2012).
Sponsor: Mayor/City Attorney
21. Renewal of the 2012-2013 Retail Malt Beverage/South Dakota Farm Winery
License for LIDA Investment Corp., Easy Dough Casino, to be operated at 2309
West 12th Street, including video lottery terminals (with the Conditional Use
Permit (2012-05-11) being approved on June 6, 2012).
Sponsor: Mayor/City Attorney
22. Renewal of the 2012-2013 Retail Malt Beverage for Royal Palace Inc., Royal
Palace to be operated at 5015 South Louise Avenue.
Sponsor: Mayor/City Attorney
23. Special One-Day Wine License for Avera McKennan Hospital and University
Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for a
Rock Garden Tour fundraiser on July 19, 2012.
Sponsor: Mayor/City Attorney
24. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee, to
be operated at the Point is to Serve Church, 506 North Kiwanis Avenue, for
weddings on August 11, 2012 and May 18, 2013.
Sponsor: Mayor/City Attorney
25. Special One-Day Beer and Wine Licenses for Sanford Health to be operated at the
Sanford Center Great Lawn, 2301 East 60th Street North, for an Employee
Appreciation Event on August 3, 2012.
Sponsor: Mayor/City Attorney
26. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee, to be
operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis
Avenue, for a Zoo fundraiser on August 9, 2012.
Sponsor: Mayor/City Attorney
27. Special One-Day Liquor License for Avera McKennan Hospital and University
Health Center, to be held at the Avera Prairie Center, 1000 East 23rd Street, for an
Oncology Symposium Social on September 21, 2012.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
28. 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
29. 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
30. 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
31. 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
32. 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
33. 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
34. 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
35. 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
36. 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
37. 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
38. 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
INTRODUCTION AND ADOPTION OF ORDINANCES
39. 2nd 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
40. 2nd 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
41. 2nd 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
42. 2nd 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
43. 2nd 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
44. 2nd 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
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
45:
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING
THE SCHEDULE OF RATES TO BE CHARGED BY THE CITY LIGHT AND
POWER DEPARTMENT FOR FURNISHING ELECTRIC CURRENT FOR
LIGHT AND POWER PURPOSES AS FOUND IN CHAPTER 41 “UTILITIES.”
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
46:
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING
SEWER UTILITY RATES AND CHARGES AS FOUND IN CHAPTER 41,
UTILITIES.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
47:
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING
CHAPTER 18 THEREOF TO INCREASE RATES AT THE LANDFILL IN
SECTION 18-30.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, July 10, 2012, at 7:00 p.m. for Item
48:
48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY INCREASING
WATER RATES AS FOUND IN CHAPTER 41, UTILITIES.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, July 17, 2012, at 7:00 p.m. for Item
49:
49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO ESTABLISH
SINGLE-STREAM RECYCLING.
Sponsor: Mayor/Public Works
HEARINGS AND RESOLUTIONS
50. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF WILLIAMS ADDITION.
Sponsor: Mayor/Planning and Building Services
51. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: City Council
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN
A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX
FALLS CITY CHARTER SECTION 5.07(d)
52. REPORT OF THE JUNE 22, 2012, NOTICE OF TRANSFERS OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
Sponsor: Mayor/Finance
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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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.
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