City Council Meeting
Regular MeetingSioux Falls, SD · July 10, 2012
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, July 10, 2012, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
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.
Council Member James Entenman
Mayor Mike T. Huether
VISITOR RECOGNITION
The South Dakota Municipal Clerks Institute
INVOCATION
Pastor Reed DeVries, Celebrate Community Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Kenny Anderson Jr. to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, July 3, 2012, at 4:00 p.m.
City Council Meeting of Tuesday, July 3, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on July 3, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on July 3, 2012 memo.
Sponsor: Mayor/Finance
3. Report of Requests for Quotes for Fuel dated: June 27, 2012; Unleaded Ethanol;
8,500 gallons; CHS, Inc. ($2.9540); Harms Oil ($2.9611); Howes Oil ($2.9665);
Olson Oil, no bid. Bid awarded to: CHS, Inc.
Sponsor: Mayor/Fleet
4. Report of Requests for Quotes for Fuel dated: June 28, 2012; #2 Dyed Diesel
Fuel; 15,000 gallons; Harms Oil ($2.8590); Howes Oil ($2.8710); CHS, Inc.
($2.8860); Midwest Oil and Olson Oil, both no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Fleet
5. A communication was received from Preventive Health Strategies stating their
intent to sell raffle tickets from July 11, 2012 until September 30, 2012 for a 2012
Harley-Davidson Softail Deluxe (valued at $18,024.00) or $20,000 cash. There
will be 25 prizes drawn between August 1, 2012 and September 30, 2012 (a
minimum of 50 tickets must be sold prior to the awarding of any prize). Tickets
will be sold for $1,000.00 each. The proceeds will be used for funding of
charitable activities within the strategic mission of PHS.
Sponsor: SDCL 22-25-25
6. A communication was received from the South Dakota Corn Growers
Association stating their intent to sell raffle tickets from August 1, 2012 until
January 19, 2013 for a John Deere XUV 550 S4 4x4 Gator (valued at
$10,000.00). Tickets will be sold for $100.00 for one (there will be a maximum of
250 tickets sold). The proceeds will be used to administrate educational programs
through the South Dakota Corn Growers Association.
Sponsor: SDCL 22-25-25
APPLICATIONS
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:
7. Terry L. and Nancy Watters, Parcel #78064 SE 25’ of Lot 2, Blk.7 of Ponderosa
Place, for 2006 property taxes in the amount of $178.87; 2008 property taxes in
the amount of $184.50; 2009 property taxes in the amount of $196.02; 2010
property taxes in the amount of $195.92; and 2011 property taxes in the amount
of $198.75. The property was incorrectly described as SE 25’ of Lot 2, Blk. 1 of
Ponderosa Place Addition to City of Sioux Falls on a Quit Claim Deed from
Minnehaha County. Taxpayer is now requesting an abatement for the time
owned.
Sponsor: SDCL 10-4-40
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, August 14, 2012, at 7:00 p.m. for Items 8 through 12:
8. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF
SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Parks and Recreation
9. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS
AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Planning and Building Services
10. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF
SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Public Works
11. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS
AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Planning and Building Services
12. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF
SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Public Parking
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
There was none.
INTRODUCTION AND ADOPTION OF ORDINANCES
13. DEFERRED (from meeting of 06/19/12) 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 Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Ordinance 46-12.
A motion was made by Council Member James Entenman and seconded by Council
Member Rex Rolfing to amend the main motion, by “removing Section 40-116.1
‘Affirmative defense relating to unchanging traffic control signal.’”
Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
Vote to adopt, the main motion, as amended: Roll Call: Yeses, Michelle Erpenbach,
Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, 8. Noes, 0.
Motion Passed.
14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF THE PERMANENT UTILITY
EASEMENTS IN LOTS 10A AND 11A, BLOCK 9, WESTWOOD VALLEY
ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY,
SOUTH DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance 47-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF THE PERMANENT UTILITY
EASEMENTS IN LOTS 10A AND 11A AND LOTS 3, 4, AND 18, BLOCK 9,
WESTWOOD VALLEY ADDITION TO THE CITY OF SIOUX FALLS,
MINNEHAHA COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Ordinance 48-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
16. 2nd 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 adopt said Ordinance 49-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
17. 2nd 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 James Entenman and seconded by Council
Member Dean Karsky to adopt said Ordinance 50-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
18. 2nd 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 Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adopt said Ordinance 51-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
19. 2nd 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 Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adopt said Ordinance 52-12.
Council Member Rex Rolfing called the question.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. 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
20:
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING SECTION 26-18 OF THE REVISED ORDINANCES OF THE
CITY BY BRINGING THE PENALTY SECTION INTO COMPLIANCE WITH
STATE LAW LIMITATIONS PLACED ON CITY ORDINANCE PENALTIES.
Sponsor: Mayor/Police
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 17,
2012, at 7:00 p.m. for Item 20.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. for Item
21:
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO UPDATE
THE INDUSTRIAL PRETREATMENT PROGRAMS, DEFINITIONS,
STANDARDS, AND WASTEWATER LOCAL LIMITS.
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, August 7,
2012, at 7:00 p.m. for Item 21.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
22. DEFERRED (from meeting of 06/19/12): 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 James Entenman and seconded by Council
Member Michelle Erpenbach to adopt said Resolution 52-12.
A motion was made by Council Member Kermit L. Staggers and seconded by Council
Member Kenny Anderson Jr. to amend the main motion, to Section 1, “remove lump sum
payments from inclusion in final average pay calculations for all employee groups.”
Vote to amend: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., 2. Noes,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, James
Entenman, 6.
Motion Failed.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Dean Karsky, Rex Rolfing, Kermit
L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Greg Jamison,
1.
Motion Passed.
RESOLUTION NO. 52-12
A RESOLUTION PROVIDING RECOMMENDATIONS AND SUPPORT FOR PENSION
PLAN CHANGES FOR CITY OF SIOUX FALLS EMPLOYEES.
WHEREAS, the City of Sioux Falls administers and operates two defined benefit pension plans
to provide for the retirement security of City employees under the Revised Ordinances of Sioux
Falls, South Dakota, Chapter 35, Retirement and Pensions; and
WHEREAS, the costs for providing these pension benefits to City employees has significantly
increased over the last several years; and
WHEREAS, the Employee’s Retirement System Board of Trustees and Firefighters’ Pension
Fund Board of Trustees have reviewed and analyzed the pension plans in order to make
recommendations for reducing and stabilizing City contribution rates; and
WHEREAS, the Employee’s Retirement System Board of Trustees and Firefighters’ Pension
Fund Board of Trustees submitted their recommendations to the Mayor and City Council in
March 2012; and
WHEREAS, the City of Sioux Falls remains committed to providing a comprehensive
compensation and benefits program that will continue to attract and retain qualified employees of
the City of Sioux Falls; and
WHEREAS, the long-term sustainability of the City employees’ pension benefit is paramount to
the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. That the Sioux Falls City Council is supportive of the recommendations of the Employee’s
Retirement System Board of Trustees and Firefighters’ Pension Fund Board of Trustees to
pursue pension benefit-related changes for current employees as follows:
Increase employee contributions by 2 percent over two years starting in 2014 for all
employee groups.
o 1 percent increase in 2014.
o 1 percent increase in 2015.
For those retiring after December 31, 2013, provide a flat dollar stipend to purchase their
own health insurance in lieu of access to the City health plan. The Stipend Program
would be structured as follows:
o Retiree would receive $40 per month per year of service until Medicare eligible age
(i.e., 65).
o Inflationary adjustment of 3 percent annually.
o The stipend is a benefit to employee/retiree only (no survivorship to spouse).
2. That the Sioux Falls City Council is supportive of a proposal that would allow future
employees of the City to become members of the South Dakota Retirement System.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
23. DEFERRED (from meeting of 06/19/12): 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 James Entenman to remove the item from the agenda.
Vote to remove: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
At 9:40 p.m., Mayor Huether recessed the meeting for a 5 minute break.
At 9:45 p.m. the meeting reconvened.
24. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY
FROM SOUTH RIGHT-OF-WAY LINE OF W. 13TH ST. TO NORTH RIGHT-
OF-WAY LINE OF W. 14TH ST. IN BLK. 2 GRIGSBY'S ADDN.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Resolution 42-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 42-12
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY FROM SOUTH
RIGHT-OF-WAY LINE OF W. 13TH ST. TO NORTH RIGHT-OF-WAY LINE OF W. 14TH
ST. IN BLK. 2 GRIGSBYʼS ADDN.
WHEREAS, a petition of the owners of:
Lots 1, 2 & 3 Block 2 Grigsby’s Addition to the City of Sioux Falls, Minnehaha County, SD;
Lot 4 (Ex. W. 117ꞌ) Block 2 Grigsby’s Addition to the City of Sioux Falls, Minnehaha County,
SD;
Lots 5-12 (Ex. Lot H-1 in Lot 7) Block 2 Grigsby’s Addition to the City of Sioux Falls,
Minnehaha County, SD;
has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL,
notice of hearing has duly been given, and said notice was properly published; and
WHEREAS, the hearing was held on July 10, 2012, and the petition has been duly examined and
investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition
has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats
attached to and made a part of said petition, has been used as a street or alley and no longer
serves a useful public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on alley from south right-of-way line of W. 13th St. to north
right-of-way line of W. 14th St. in Blk. 2 Grigsby’s Addn. to the City of Sioux Falls, Minnehaha
County, South Dakota, be and the same hereby is declared vacated, subject to an easement
reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer,
water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or
authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the
Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this
resolution.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
25. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W.
NATIONAL GUARD DR. FROM N. MINNESOTA AVE. TO 2,961.85' WEST
AS SHOWN ON ATTACHED EXHIBIT.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Resolution 43-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 43-12
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. NATIONAL
GUARD DR. FROM N. MINNESOTA AVE. TO 2,961.85' WEST AS SHOWN ON
ATTACHED EXHIBIT.
WHEREAS, a petition of the owners of:
Tr. 1 Airport 5th Addition to the City of Sioux Falls, Minnehaha County, SD;
Tr. 1C SW1/4 Sec. 33-102-49 Minnehaha County, SD;
Tr. 4 NE1/4 Sec. 32-102-49 Minnehaha County, SD;
Tr. 1A NW1/4 Sec. 33-102-49 Minnehaha County, SD;
has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to
SDCL, notice of hearing has duly been given, and said notice was properly published; and
WHEREAS, the hearing was held on July 10, 2012, and the petition has been duly examined
and investigated by the City Council of the City of Sioux Falls. Testimony in support of said
petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the
plats attached to and made a part of said petition, has been used as a street or alley and no
longer serves a useful public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on W. National Guard Dr. from N. Minnesota Ave. to 2,961.85ꞌ
west as dedicated on plats filed as follows:
Lot H1 in Tract 4 NE1/4 Sec. 32-102-49 filed in Book 57 on page 256 in the
Minnehaha County Register of Deeds Office.
Lot H2 in Tract 4 NE1/4 Sec. 32-102-49 filed in Book 66 on page 173 in the
Minnehaha County Register of Deeds Office.
Lot H2 in Tract 1A NW1/4 Sec. 33-102-49 filed in Book 66 on page 172 in the
Minnehaha County Register of Deeds Office.
Lot H2 in Tract 1C SW1/4 Sec. 33-102-49 filed in Book 66 on page 189 in the
Minnehaha County Register of Deeds Office.
and as shown on attached exhibit to the City of Sioux Falls, Minnehaha County, South Dakota,
be and the same hereby is declared vacated and the land rights are hereby reverted to owners
according to state law or conveyance deed instructions, subject to an easement reserved by the
City of Sioux Falls in, over, and upon such vacated property for mutual access, drainage, sewer,
water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or
authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the
Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this
resolution.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
26. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. LEWIS
AVE. FROM N. LEWIS AVE. TO E. 50TH ST. N. AS SHOWN ON EXHIBIT
“A.”
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to adopt said Resolution 44-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 44-12
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. LEWIS AVE. FROM
N. LEWIS AVE. TO E. 50TH ST. N. AS SHOWN ON EXHIBIT “A.”
WHEREAS, a petition of the owners of:
N 269.3' Tract 8 Harris Addition SW1/4 Section 34-102-49 Minnehaha County, SD;
Tract 8 (ex. N 269.3') Harris Addition SW1/4 Section 34-102-49 Minnehaha County,
SD;
Tract K Sioux Empire Development Park Four Addition to the City of Sioux Falls,
Minnehaha County, SD;
Tract 1 of Ralph Benson Addition SW1/4 Section 34-102-49 Minnehaha County, SD;
to the City of Sioux Falls, Minnehaha County, South Dakota, has been filed with the City Clerk,
asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given,
and said notice was properly published; and
WHEREAS, the hearing was held on July 10, 2012, and the petition has been duly examined and
investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition
has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats
attached to and made a part of said petition, has not been used for public travel in the last 20
years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on N. Lewis Ave. from N. Lewis Ave. to E. 50th St. N. as shown on
Exhibit “A” to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same
hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over,
and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone
lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and
that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South
Dakota, a duly certified transcript of this resolution.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
27. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY
ADJACENT TO LOTS 1–7 AND LOTS 16–22, BLOCK 5 TOWER PARK
ADDITION.
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to adopt said Resolution 45-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 45-12
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY ADJACENT TO
LOTS 1–7 AND LOTS 16–22, BLOCK 5 TOWER PARK ADDITION.
WHEREAS, a petition of the owners of:
Lots 1–7 and 16–22 Block 5 Tower Park Addition, Sioux Falls, Minnehaha County, SD;
to the City of Sioux Falls, Minnehaha County, South Dakota, has been filed with the City Clerk,
asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given,
and said notice was properly published; and
WHEREAS, the hearing was held on July 10, 2012, and the petition has been duly examined and
investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition
has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats
attached to and made a part of said petition, has been used as a street or alley and no longer
serves a useful public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on alley adjacent to Lots 1–7 and Lots 16–22, Block 5 Tower Park
Addition to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is
declared vacated, subject to an easement reserved by Midcontinent Communications in, over,
and upon such vacated property for cable TV, as shown on the utility easement attached, and that
the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South
Dakota, a duly certified transcript of this resolution.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
28. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. 4TH
ST. FROM N. HARRINGTON AVE. TO N. SHERWOOD AVE. (EXCEPT 12'
FOR ALLEY RIGHT-OF-WAY).
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Greg Jamison to adopt said Resolution 46-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 46-12
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. 4TH ST. FROM
N. HARRINGTON AVE. TO N. SHERWOOD AVE. (EXCEPT 12' FOR ALLEY RIGHT-OF-
WAY).
WHEREAS, a petition of the owners of:
Lot 8 Block 1 Tower Park Addition, Sioux Falls, Minnehaha County, SD;
Lot 9 Block 1 Tower Park Addition, Sioux Falls, Minnehaha County, SD;
Lot 1 Block 4 Tower Park Addition, Sioux Falls, Minnehaha County, SD;
Lot 16 Block 4 Tower Park Addition, Sioux Falls, Minnehaha County, SD;
to the City of Sioux Falls, Minnehaha County, South Dakota, has been filed with the City Clerk,
asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given,
and said notice was properly published; and
WHEREAS, the hearing was held on July 10, 2012, and the petition has been duly examined and
investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition
has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats
attached to and made a part of said petition, has not been used for public travel in the last 20 years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on E. 4th St. from N. Harrington Ave. to N. Sherwood Ave. (except
12' for alley right-of-way) to the City of Sioux Falls, Minnehaha County, South Dakota, be and
the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the
Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. F AVE.
FROM W. ALGONQUIN ST. TO W. BLACKHAWK ST.
Sponsor: Mayor/Public Works
A motion was made by Council Member Dean Karsky and seconded by Council Member
Michelle Erpenbach to adopt said Resolution 47-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
RESOLUTION NO. 47-12
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. F AVE. FROM
W. ALGONQUIN ST. TO W. BLACKHAWK ST.
WHEREAS, a petition of the owners of
Lots 1–7 Block 2 Airport Addition;
Tract A Block 1 Airport Addition;
Tract B Block 1 Airport Addition
to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk,
asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given,
and said notice was properly published; and
WHEREAS, the hearing was held on July 10, 2012, and the petition has been duly examined and
investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition
has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats
attached to and made a part of said petition, has been used as a street or alley and no longer
serves a useful public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on N. F Ave. from W. Algonquin St. to W. Blackhawk St. to the
City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is declared
vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such
vacated property for drainage, sewer, water and gas mains, electric, telephone lines, Cable TV,
and all public utility uses required or authorized by the City of Sioux Falls, and that the City
Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a
duly certified transcript of this resolution.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
30. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2012-05-01—85TH ST. AND I-29—
LEMME
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Greg Jamison and seconded by Council
Member Kenny Anderson Jr. to defer to the meeting of Tuesday, August 7, 2012, at 7:00
p.m.
Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
31. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING
A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET
MAINTENANCE AND REPAIR.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Sue Aguilar to adopt said Resolution 48-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
RESOLUTION NO. 48-12
A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL
FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. It is necessary to levy and there shall be levied a special front foot assessment fee
upon each lot, tract, and parcel of land fronting upon every street and part thereof, within the city
of Sioux Falls, to be used to maintain and repair street surfacing or pavement.
Section 2. There is hereby assessed against each and every lot, tract, and parcel of land fronting
upon every street or part thereof, one dollar ($1.00) per front foot for the year 2013, which shall
be apportioned as the assessment for maintaining of street surfacing or pavement. Front foot, for
the purposes of this resolution, means the actual front of the premises as established by the
buildings thereon, record title, and use of the property regardless of the original plat.
Section 3. The City Clerk shall certify such special front foot assessment fees to the county
auditors of Minnehaha and Lincoln Counties, SD, and the same shall be collected as municipal
taxes for general purposes.
Section 4. This resolution is necessary for the immediate support of the municipal government
and its existing public institutions and shall take effect upon its passage and publication.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
32. A RESOLUTION ABATING STORM DRAINAGE FEE ASSESSMENTS AT
PARCEL NUMBER 76669.
Sponsor: Mayor/Public Works
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Kenny Anderson Jr. to adopt said Resolution 49-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 49-12
A RESOLUTION ABATING STORM DRAINAGE FEE ASSESSMENTS AT PARCEL
NUMBER 76669.
WHEREAS, Eastside Baptist Church of Sioux Falls owns Tract 1B of Friends Addition to the
City of Sioux Falls, Minnehaha County, South Dakota (Parcel Number 76669); and
WHEREAS, the street address of the property is 6101 East 49th Street, Sioux Falls, South
Dakota. The property consists of Parcel Number 76669; and
WHEREAS, Section 41-80 of the Revised Ordinances of the City of Sioux Falls authorizes the
City of Sioux Falls to establish a charge against real property within the City for the operation,
maintenance, and capital expenses of the storm sewer and drainage system; and
WHEREAS, at all relevant times herein, the City has established and charged a fee against real
property for the operation, maintenance, and capital expenses of the storm sewer and drainage
system; and
WHEREAS, Six Thousand Seven Hundred and Fifty-Three Dollars and Thirty-Seven Cents
($6,753.37) in storm drainage fees were assessed against Parcel Number 76669 for taxes due in
2012; and
WHEREAS, the owner of Parcel Number 76669 requested a detailed site study of the property as
authorized by Section 41-80 of the Revised Ordinances of the City of Sioux Falls; and
WHEREAS, the detailed site study was conducted. Based upon the results of the detailed site
study, the Engineering Department for the City of Sioux Falls recommends a storm drainage fee
of Three Thousand Four Hundred and Eighty-One Dollars and Seventy-Four Cents ($3,481.74)
for Parcel Number 76669 for 2012; and
WHEREAS, Section 39-160 of the Revised Ordinances of the City of Sioux Falls authorizes the
City Council to abate or refund any part of a tax if the City Council is satisfied beyond a doubt
that the assessment of real property described in the application for abatement or refund is
invalid, inequitable, or unjust, if the request is filed no later than the first day of November of the
fourth year after such assessment would have been delinquent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City Council is satisfied beyond a doubt that the storm drainage fee imposed against Parcel
Number 76669 was invalid, inequitable, or unjust for taxes due in 2012 based upon the results of
the detailed site study, and the 2012 storm drainage fee is hereby reduced to Three Thousand
Four Hundred and Eighty-One Dollars and Seventy-Four Cents ($3,481.74).
Three Thousand Three Hundred and Seventy-Six Dollars and Sixty-Nine Cents ($3,376.69) have
already been paid for the 2012 storm drainage fees. The remaining One Hundred and Five
Dollars and Five Cents ($105.05) shall be paid by November 1, 2012, at the Minnehaha County
Treasurer’s Office, pursuant to Section 41-81 of the Revised Ordinances of the City of
Sioux Falls.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
33. A RESOLUTION ABATING AND REFUNDING FRONT FOOT
ASSESSMENTS FOR STREET MAINTENANCE FEES AT PARCEL
NUMBER 57650.
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to adopt said Resolution 50-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 50-12
A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENTS FOR
STREET MAINTENANCE FEES AT PARCEL NUMBER 57650.
WHEREAS, Roy W. Zahrenhusen and Valerie Jean Rea own the N1/2 of vacated East Fifth
Street lying East of Omaha Avenue and adjacent to Lot 13; and all of Lot 13, except the West
387 feet of the South 100 feet thereof, in Lots 11, 12, 13, 14, County Auditor’s Subdivision of
Tract 1, County Auditor’s Subdivision in the NE1/4 of Section 15-T101N-R49W of the 5th P.M.,
Minnehaha County, South Dakota. (Parcel Number 57650); and
WHEREAS, the street address of the property is 2300 East Fifth Street, Sioux Falls, South
Dakota. The property consists of Parcel Number 57650; and
WHEREAS, the parcel fronts unimproved right-of-way which is not a City-maintained road; and
WHEREAS, Section 38-31 of the Revised Ordinances of the City of Sioux Falls authorizes the
City Council to annually levy for the purpose of maintaining or repairing street surfacing or
pavement a special front foot assessment not to exceed $1.00 per front foot upon the lots fronting
and abutting the street; and
WHEREAS, at all relevant times herein, the City Council has levied a special front foot
assessment of $1.00 per front foot upon the lots fronting and abutting the streets; and
WHEREAS, Seventy Dollars ($70.00) was assessed against Parcel Number 57650 for the
assessments due in 2012; and
WHEREAS, Section 39-160 of the Revised Ordinances of the City of Sioux Falls authorizes the
City Council to abate or refund any part of a tax if the City Council is satisfied beyond a doubt
that the assessment of real property described in the application for abatement or refund is
invalid, inequitable, or unjust, if the request is filed no later than the first day of November of the
fourth year after such assessment would have been delinquent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City Council is satisfied beyond a doubt that the front foot assessments imposed against
Parcel Number 57650 were invalid, inequitable, or unjust for the assessments due in 2012; and
Thirty-Five Dollars ($35.00) have already been paid for the 2012 front foot assessments due in
2012 for Parcel Number 57650 ; and
A refund of Thirty-Five Dollars ($35.00) shall be refunded to Roy W. Zahrenhusen and Valerie
Jean Rea pursuant to Section 39-160 of the Revised Ordinances of the City of Sioux Falls
because the aforementioned assessments were invalid, inequitable, or unjust.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
34. A RESOLUTION ABATING AND REFUNDING STORM DRAINAGE FEE
ASSESSMENTS AT PARCEL NUMBER 11652.
Sponsor: Mayor/Public Works
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to adopt said Resolution 53-12.
Vote to adopt: Roll Call: Yeses, Dean Karsky, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, 5. Noes, Michelle Erpenbach, Greg Jamison, Rex
Rolfing, 3.
Motion Passed.
RESOLUTION NO. 53-12
A RESOLUTION ABATING AND REFUNDING STORM DRAINAGE FEE ASSESSMENTS
AT PARCEL NUMBER 11652.
WHEREAS, Ed Soward owns Tract 1, except the North 1,199.75 feet thereof, of the E1/2 SE1/4
of Section 15-T101N-R50W of the 5th P.M., Minnehaha County, South Dakota (Parcel Number
11652); and
WHEREAS, the street address of the property is 101 North La Mesa Drive, Sioux Falls, South
Dakota. The property consists of Parcel Number 11652; and
WHEREAS, Section 41-80 of the Revised Ordinances of the City of Sioux Falls authorizes the
City of Sioux Falls to establish a charge against real property within the City for the operation,
maintenance, and capital expenses of the storm sewer and drainage system; and
WHEREAS, at all relevant times herein, the City has established and charged a fee against real
property for the operation, maintenance, and capital expenses of the storm sewer and drainage
system; and
WHEREAS, One Hundred Fifty-Five Dollars and Eleven Cents ($155.11) in storm drainage fees
were assessed against Parcel Number 11652 for fees due in 2012; and
WHEREAS, Section 39-160 of the Revised Ordinances of the City of Sioux Falls authorizes the
City Council to abate or refund any part of a tax if the City Council is satisfied beyond a doubt
that the assessment of real property described in the application for abatement or refund is
invalid, inequitable, or unjust, if the request is filed no later than the first day of November of the
fourth year after such assessment would have been delinquent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City Council is satisfied beyond a doubt that the entire storm drainage fee imposed against
Parcel Number 11652 for the tax year 2012 was invalid, inequitable, or unjust.
Seventy-Seven Dollars and Fifty-Six Cents ($77.56) have already been paid toward the 2012
storm drainage fees. A refund of Seventy-Seven Dollars and Fifty-Six Cents ($77.56) shall be
paid to Ed Soward pursuant to Section 39-160 of the Revised Ordinances of the City of Sioux
Falls as a refund for the amount he has already paid toward the storm drainage fees assessed
against Parcel Number 11652 in 2012.
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
35. A RESOLUTION ABATING STORM DRAINAGE FEE ASSESSMENTS AT
PARCEL NUMBER 11652.
Sponsor: Mayor/Public Works
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Sue Aguilar to withdraw the item from the agenda.
Vote to withdraw: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
36. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member James Entenman to adopt said Resolution 51-12.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 51-12
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
Ryon Reckling Board of Health/Falls Appointed for a term from July 2012
Community Health Center to July 2015 (to replace Bill Schultz).
Board
Preston Mettler Infrastructure Review Advisory Appointed for a term from July 2012
Board (IRAB) to July 2015 (to replace Steve
VanBuskirk, member position–
Home Builders Assoc.).
Steve VanBuskirk Infrastructure Review Advisory Appointed for a term from July 2012
Board (IRAB) to July 2015 (to replace Preston
Mettler, alternate position–
Home Builders Assoc.).
Myron Adam Infrastructure Review Advisory Appointed for a term from July 2012 to
Board (IRAB) July 2015 (to replace Steve
Brockmueller, member position–
Engr. Consultant).
Phil Gundvaldson Infrastructure Review Advisory Appointed for a term from July 2012 to
Board (IRAB) July 2015 (to replace Myron Adam,
alternate position–Engr. Consultant).
Mark Vellinga Infrastructure Review Advisory Reappointed for a term from July 2012
Board (IRAB) to July 2015 (member position–
Member at Large).
Mark Anderson Infrastructure Review Advisory Appointed for a term from July 2012
Board (IRAB) to July 2015 (alternate position–
Member at Large).
Ellyn Donahoe Orpheum Theater Advisory Appointed for a term from July 2012 to
Board of Directors January 2015 (to fill the unexpired term
of Marty Gallanter).
Date adopted: 07/10/12 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
ADJOURNMENT
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to adjourn at 10:40 p.m.
The Mayor called for a voice vote. All members present voted yes.
Denise D. Tucker, CMC
Assistant City Clerk
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (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.
Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, July 10, 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 Reed DeVries, Celebrate Community Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, July 3, 2012, at 4:00 p.m.
● City Council Meeting of Tuesday, July 3, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on July 3, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on July 3, 2012 memo.
Sponsor: Mayor/Finance
3. Report of Requests for Quotes for Fuel dated: June 27, 2012; Unleaded Ethanol;
8,500 gallons; CHS, Inc. ($2.9540); Harms Oil ($2.9611); Howes Oil ($2.9665);
Olson Oil, no bid. Bid awarded to: CHS, Inc.
Sponsor: Mayor/Fleet
4. Report of Requests for Quotes for Fuel dated: June 28, 2012; #2 Dyed Diesel Fuel;
15,000 gallons; Harms Oil ($2.8590); Howes Oil ($2.8710); CHS, Inc. ($2.8860);
Midwest Oil and Olson Oil, both no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Fleet
5. A communication was received from Preventive Health Strategies stating their
intent to sell raffle tickets from July 11, 2012 until September 30, 2012 for a 2012
Harley-Davidson Softail Deluxe (valued at $18,024.00) or $20,000 cash. There
will be 25 prizes drawn between August 1, 2012 and September 30, 2012 (a
minimum of 50 tickets must be sold prior to the awarding of any prize). Tickets
will be sold for $1,000.00 each. The proceeds will be used for funding of
charitable activities within the strategic mission of PHS.
Sponsor: SDCL 22-25-25
6. A communication was received from the South Dakota Corn Growers Association
stating their intent to sell raffle tickets from August 1, 2012 until January 19, 2013
for a John Deere XUV 550 S4 4x4 Gator (valued at $10,000.00). Tickets will be
sold for $100.00 for one (there will be a maximum of 250 tickets sold). The
proceeds will be used to administrate educational programs through the South
Dakota Corn Growers Association.
Sponsor: SDCL 22-25-25
APPLICATIONS
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:
7. Terry L. and Nancy Watters, Parcel #78064 SE 25’ of Lot 2, Blk.7 of Ponderosa
Place, for 2006 property taxes in the amount of $178.87; 2008 property taxes in
the amount of $184.50; 2009 property taxes in the amount of $196.02; 2010
property taxes in the amount of $195.92; and 2011 property taxes in the amount of
$198.75. The property was incorrectly described as SE 25’ of Lot 2, Blk. 1 of
Ponderosa Place Addition to City of Sioux Falls on a Quit Claim Deed from
Minnehaha County. Taxpayer is now requesting an abatement for the time owned.
Sponsor: SDCL 10-4-40
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, August 14, 2012, at 7:00 p.m. for Items 8 through 12:
8. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF
SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Parks and Recreation
9. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS
AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Planning and Building Services
10. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF
SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Public Works
11. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS
AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Planning and Building Services
12. A PROPOSED RESOLUTION APPROVING THE SPECIAL ASSESSMENT
ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF
SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Finance/Public Parking
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
INTRODUCTION AND ADOPTION OF ORDINANCES
13. DEFERRED (from meeting of 06/19/12) 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
14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF THE PERMANENT UTILITY EASEMENTS
IN LOTS 10A AND 11A, BLOCK 9, WESTWOOD VALLEY ADDITION TO
THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE RELEASE OF THE PERMANENT UTILITY EASEMENTS
IN LOTS 10A AND 11A AND LOTS 3, 4, AND 18, BLOCK 9, WESTWOOD
VALLEY ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA
COUNTY, SOUTH DAKOTA.
Sponsor: Mayor/Public Works
16. 2nd 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
17. 2nd 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
18. 2nd 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
19. 2nd 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
20:
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING SECTION 26-18 OF THE REVISED ORDINANCES OF THE
CITY BY BRINGING THE PENALTY SECTION INTO COMPLIANCE WITH
STATE LAW LIMITATIONS PLACED ON CITY ORDINANCE PENALTIES.
Sponsor: Mayor/Police
Set a date of hearing and 2nd Reading for Tuesday, August 7, 2012, at 7:00 p.m. for Item
21:
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO UPDATE THE
INDUSTRIAL PRETREATMENT PROGRAMS, DEFINITIONS,
STANDARDS, AND WASTEWATER LOCAL LIMITS.
Sponsor: Mayor/Public Works
HEARINGS AND RESOLUTIONS
22. DEFERRED (from meeting of 06/19/12): 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
23. DEFERRED (from meeting of 06/19/12): 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
24. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY
FROM SOUTH RIGHT-OF-WAY LINE OF W. 13TH ST. TO NORTH RIGHT-
OF-WAY LINE OF W. 14TH ST. IN BLK. 2 GRIGSBY'S ADDN.
Sponsor: Mayor/Public Works
25. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W.
NATIONAL GUARD DR. FROM N. MINNESOTA AVE. TO 2,961.85' WEST
AS SHOWN ON ATTACHED EXHIBIT.
Sponsor: Mayor/Public Works
26. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. LEWIS
AVE. FROM N. LEWIS AVE. TO E. 50TH ST. N. AS SHOWN ON EXHIBIT
“A.”
Sponsor: Mayor/Public Works
27. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON ALLEY
ADJACENT TO LOTS 1–7 AND LOTS 16–22, BLOCK 5 TOWER PARK
ADDITION.
Sponsor: Mayor/Public Works
28. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. 4TH ST.
FROM N. HARRINGTON AVE. TO N. SHERWOOD AVE. (EXCEPT 12' FOR
ALLEY RIGHT-OF-WAY).
Sponsor: Mayor/Public Works
29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. F AVE.
FROM W. ALGONQUIN ST. TO W. BLACKHAWK ST.
Sponsor: Mayor/Public Works
30. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2012-05-01—85TH ST. AND I-29—
LEMME
Sponsor: Mayor/Planning and Building Services
31. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE
AND REPAIR.
Sponsor: Mayor/Public Works
32. A RESOLUTION ABATING STORM DRAINAGE FEE ASSESSMENTS AT
PARCEL NUMBER 76669.
Sponsor: Mayor/Public Works
33. A RESOLUTION ABATING AND REFUNDING FRONT FOOT
ASSESSMENTS FOR STREET MAINTENANCE FEES AT PARCEL
NUMBER 57650.
Sponsor: Mayor/Public Works
34. A RESOLUTION ABATING AND REFUNDING STORM DRAINAGE FEE
ASSESSMENTS AT PARCEL NUMBER 11652.
Sponsor: Mayor/Public Works
35. A RESOLUTION ABATING STORM DRAINAGE FEE ASSESSMENTS AT
PARCEL NUMBER 11652.
Sponsor: Mayor/Public Works
36. 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.
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SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY
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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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