City Council Meeting
Regular MeetingSioux Falls, SD · October 16, 2012
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, October 16, 2012, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
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
Council Member Michelle Erpenbach
Council Member Greg Jamison
Mayor Mike T. Huether
INVOCATION
Pastor Kirk Flaa, Abiding Savior Lutheran Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Disability Mentoring Day, October 23, 2012
VISITOR RECOGNITION
Community Connections Program Participants
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Sue Aguilar and seconded by Council Member
James Entenman to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, October 9, 2012, at 4:00 p.m.
City Council Meeting of Tuesday, October 9, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on October 11, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on October 11, 2012 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: October 10, 2012; #2 Clear Diesel; 7500
Gallons; CHS Inc. ($4.013); Harms Oil ($3.95), Howes Oil and Midwest Oil, no
bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Sioux Area Metro
4. Report of Request for Quotes for Fuel: October 11, 2012; Unleaded Ethanol and
E85; 7000 Gallons Unleaded; 1000 Gallons E85 (8000 total); Harms Oil ($3.2150
Unleaded/$2.6870 E85); CHS Inc. ($3.1850 Unleaded;$3.1850 E85); Howes Oil
and Olson Oil, no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
5. A communication was received from Lutheran High School of Sioux Falls
requesting permission to consume, but not sell, wine and malt beverage, at The
Old Courthouse Museum, 200 West Sixth Street, on Sunday, October 21, 2012
from 5:00 p.m. to 8:30 p.m. for a fundraising dinner.
Sponsor: SDCL 35-1-5.3
6. A communication was received from the Sioux Falls Regional United States
Bowling Congress (USBC) stating their intent to conduct a raffle from November
5, 2012 to November 21, 2012 for 50/50 tickets sold for half of the money
collected. Tickets will be sold for $1.00 each. The proceeds will go towards the
Bowlers to Veterans Link.
Sponsor: SDCL 22-25-25
7. A communication was received from the Sioux Falls Regional United States
Bowling Congress (USBC) stating their intent to conduct a raffle from January 7,
2013 to January 25, 2013 for 50/50 tickets sold for half of the money collected.
Tickets will be sold for $1.00 each. The proceeds will go towards the South
Dakota High School Bowling League.
Sponsor: SDCL 22-25-25
8. A communication was received from the Sioux Falls Regional United States
Bowling Congress (USBC) stating their intent to conduct a raffle from February
4, 2013 to February 22, 2013 for 50/50 tickets sold for half of the money
collected. Tickets will be sold for $1.00 each. The proceeds will go towards
Susan B. Komen Bowl for the Cure.
Sponsor: SDCL 22-25-25
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, November 6, 2012 at 7:00 p.m. on Items 9 through 11:
9. Transfer of a 2012 Convention Facility On Sale Liquor License, including
Sunday Sales, from Ovations Food Services, LP, Sioux Falls Convention Center,
1211 North West Avenue, to Ovations Food Services, LP, Sioux Falls
Convention Center, 1211 North West Avenue, expanding the licensed premises to
include the Arena and parking lot, 1201 North West Avenue, effective January 1,
2013.
Sponsor: Mayor/City Attorney
10. Rescind 2012-13 Retail Malt Beverage license issued to Ballard Building
Restaurant Co., Parker’s, 210 South Main Avenue.
Sponsor: Mayor/City Attorney
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Feisty Fighters to be operated at Landscape Garden Center, 7201 South
Minnesota Avenue, for a wine tasting event on November 20, 2012.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member James Entenman to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
Roger Elgersma spoke on the budget process and encouraged the Mayor, Council, and
staff to continue to work together. He also addressed the proposal for an indoor pool
versus an outdoor pool.
UNFINISHED BUSINESS
12. New 2012-13 Retail Malt Beverage License for Asia LLC, Asia Sushi Bar and
Chinese Bistro, 108 South Minnesota Avenue (full service restaurant; CUP not
required).
Sponsor: Mayor/City Attorney
13. New 2012 Retail Wine License for Asia LLC, Asia Sushi Bar and Chinese Bistro,
108 South Minnesota Avenue (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
14. New 2012-13 Retail Malt Beverage License for PJAX LLC, Pepperjax Grill,
2009 West 41st Street, Suites 1 and 2, with Conditional Use Permit (2012-08-01)
being approved on September 5, 2012. Pending final inspections by Health and
Building Services.
Sponsor: Mayor/City Attorney
15. New 2012-13 Retail Malt Beverage License for Golf Addiction LLC, Golf
Addiction, 1220 West 41st Street, including video lottery terminals with
Conditional Use Permit (2012-08-06) being approved on September 5, 2012.
Withdrawn by the applicant.
Sponsor: Mayor/City Attorney
16. New 2013 Retail Wine License for Golf Addiction LLC, Golf Addiction, 1220
West 41st Street, with Conditional Use Permit (2012-08-06) being approved on
September 5, 2012. Withdrawn by the applicant.
Sponsor: Mayor/City Attorney
17. New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC,
Dollar General Store #10862, to be operated at 7214 West 41st Street.
Sponsor: Mayor/City Attorney
18. New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC,
Dollar General Store #11018, to be operated at 316 South Kiwanis Avenue.
Sponsor: Mayor/City Attorney
19. Transfer of 2012-13 Retail Malt Beverage License from MJM LLC, Kay’s
Casino, 1508 West 41st Street to MG Oil Company, Happy Jacks-Sioux Falls II,
1508 West 41st Street.
Sponsor: Mayor/City Attorney
20. Transfer of 2012-13 Retail Malt Beverage License from D & K Enterprises LLC,
JJ’s Billiards, 309 South Elmwood Avenue to J & G Enterprises, JJ’s Billiards,
309 South Elmwood Avenue, with the Conditional Use Permit (2010-11-08)
being approved on December 1, 2010.
Sponsor: Mayor/City Attorney
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Rex Rolfing to approve Items 12 through 20.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO DEFINE
AND PROHIBIT CERTAIN FORMS OF SOLICITATION.
Sponsor: Mayor/Police
A motion was made by Council Member and seconded by Council Member to adopt said
Ordinance No. 78-12.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar,
Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH
DAKOTA, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER
SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY
DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR
CAPITAL IMPROVEMENTS, PLEDGING A PORTION OF THE
WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF
THE BOND, FIXING THE TERMS OF THE BOND, AUTHORIZING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE
CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BOND TO
THE SOUTH DAKOTA CONSERVANCY DISTRICT IN AN AMOUNT NOT
TO EXCEED $12,464,000.
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to adopt said Ordinance No. 79-12.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING A FIRST AMENDMENT TO WATERTANK LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY.
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,
November 6, 2012 at 7:00 p.m. on Item 23.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. ARROWHEAD PKWY. AND S. POWDER
HOUSE RD. FROM THE C-4, PLANNED COMMERCIAL DISTRICT TO
THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2012-09-03,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd reading for Tuesday, November 6,
2012 at 7:00 p.m. on Item 24.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3001 N. LOUISE AVE. FROM THE I-1, LIGHT
INDUSTRIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL
DISTRICT, PETITION NO. 2012-09-06, 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 James Entenman and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd reading for Tuesday, November 6,
2012 at 7:00 p.m. on Item 25.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-09-12 TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT W. 32ND ST. AND W. BROEK
DR., ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE
REVISED SUBAREA REGULATIONS, 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 set a date of hearing and 2nd reading for Tuesday, November
6, 2012 at 7:00 p.m. on Item 26.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT N. CLIFF AVE. AND E. 1ST ST. FROM THE I-1,
LIGHT INDUSTRIAL DISTRICT; I-2, GENERAL INDUSTRIAL DISTRICT;
AND THE RD, RESIDENTIAL DISTRICT TO THE RS-2, RESIDENTIAL
DISTRICT, PETITION NO. 2012-09-14, 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 Dean Karsky to set a date of hearing and 2nd reading for Tuesday, November 6,
2012 at 7:00 p.m. on Item 27.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
28. A RESOLUTION AMENDING THE 2012–2016 CAPITAL PROGRAM.
Sponsor: Mayor/Public Works
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to adopt said Resolution No. 80-12.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 80-12
A RESOLUTION AMENDING THE 2012–2016 CAPITAL PROGRAM.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD.
That the 2012–2016 Capital Program shall be amended as follows:
Public Works—Water Reclamation
Amend Capital Improvements Program Project No. 112077, Pipe Lining Project, by moving the
project funding from 2013 to 2012. The estimated cost is $64,000 for engineering and $400,000
for construction, totaling $464,000. This will not require an increase in appropriations and will
be funded by State Revolving Loan Funds.
Amend Capital Improvements Program Project No. 155077, Sioux River South Interceptor
Improvements, by moving the project funding from 2013 to 2012 and increasing funding by
$2,388,000. The new estimated cost is $960,000 for engineering and $11,040,000 for
construction, totaling $12,000,000. This will not require an increase in appropriations and will be
funded by State Revolving Loan Funds.
Date adopted: 10/16/12
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
29. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER
SEVENTEEN, CITY OF SIOUX FALLS. Planning Commission recommends
approval.
Sponsor: Mayor/Community Development
A motion was made by Council Member Greg Jamison and seconded by Council
Member Dean Karsky to adopt said Resolution No. 81-12.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 81-12
A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER SEVENTEEN,
CITY OF SIOUX FALLS.
WHEREAS, the City Planning Commission has recommended the creation of Tax Incremental
District Number Seventeen, City of Sioux Falls (the “District”) and has submitted a proposed
project plan for the District; and
WHEREAS, the City of Sioux Falls has the authority, pursuant to SDCL § 11-9-2(1), to create
the District and define its boundaries; and
WHEREAS, the property within the District meets the qualifications and criteria set forth in
SDCL Chapter 11-9;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That:
1. Declaration of Necessity and Enhancement. The City Council declares the necessity for the
creation of the District pursuant to SDCL Chapter 11-9. Further, the City finds that the
improvement of the area is likely to enhance significantly the value of substantially all of the
other real property in the District.
2. Findings of Blight or Economic Development. The City Council finds that:
a. Not less than fifty (50) percent, by area, of the real property within the District will
stimulate and develop the general economic welfare and prosperity of the state
through the promotion and advancement of industrial, commercial, manufacturing,
agricultural, or natural resources; and
b. Because more than twenty-five (25) percent of the property in the District is
insanitary or unsafe due to levels of petroleum contamination, the improvement of
blighted property is likely to enhance significantly the value of substantially all of
the other real property in the District in accordance with SDCL Chapter 11-9.
3. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate assessed
value of the taxable property in the District, plus all other tax incremental districts, does not
exceed ten percent (10) of the total assessed valuation of the City.
4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, the District.
The District is hereby created on the day this resolution becomes effective, which shall be
20 days after publication.
5. Designation of District Boundaries. The District shall have boundaries as shown and
described on Exhibit A.
6. Compliance with Comprehensive Plan. Projects within the District must comply with the
City’s adopted 2035 Growth Management Plan and all other appropriate plans and regulations.
Date adopted: 10/16/12
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
30. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX
INCREMENTAL DISTRICT NUMBER SEVENTEEN, CITY OF SIOUX
FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Community Development
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to adopt said Resolution No. 82-12.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 82-12
A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX
INCREMENTAL DISTRICT NUMBER SEVENTEEN, CITY OF SIOUX FALLS.
WHEREAS, the City Planning Commission recommended approval of the project plan for
Tax Incremental District Number Seventeen, City of Sioux Falls (the “District”), which
identifies certain development activities and public improvements to be undertaken by the
City or private developers and paid for, in whole or in part, from the collection of tax
increment revenues derived from the District; and
WHEREAS, the tax increment project plan is both economically feasible and in conformity
with the adopted Sioux Falls 2035 Growth Management Plan; and
WHEREAS, it is anticipated that project costs, less the finance costs, in the plan will
be expended prior to November 9, 2017, unless amended by proper City approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS,
SD: That the project plan for the District is hereby approved.
BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That pursuant to SDCL 11-9-34, the Mayor is authorized to enter into and execute all
necessary tax incremental bonds, contracts, and agreements for the implementation of the
District project plan, including transfer of positive tax increment revenues to the developer or
developers of the district property up to a maximum of $4,900,000 plus interest.
Date adopted: 10/16/12
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
31. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND
WASHINGTON PAVILION MANAGEMENT, INC. FOR THE
MANAGEMENT OF THE WASHINGTON PAVILION OF ARTS AND
SCIENCE.
Sponsor: Mayor/Community Development
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 83-12.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 83-12
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT,
INC. FOR THE MANAGEMENT OF THE WASHINGTON PAVILION OF ARTS AND SCIENCE.
WHEREAS, the City owns the Washington Pavilion of Arts and Science, being the former
Washington Senior High School located in downtown Sioux Falls, and a domed motion picture
theater which is used for cultural, social, and business events, exhibitions, public and private
gatherings, and other similar uses, situated in Sioux Falls, SD (“the Pavilion”); and
WHEREAS, the City owns and maintains assets held within the Pavilion, including science exhibits
and equipment necessary to provide programming for the Pavilion; and
WHEREAS, the City and Washington Pavilion Management, Inc. (“Management Company”) will
work collaboratively to ensure the long-term viability of the Pavilion as a first-class arts and culture
facility for the public’s enjoyment; and
WHEREAS, this agreement also serves as a memorandum of understanding of a long-term
relationship between the City of Sioux Falls and Management Company by standards appropriate of
an accredited institution of the American Association of Museums; and
WHEREAS, the City desires to have Management Company manage and operate the Pavilion, and
the Management Company desires to perform such services on the terms and conditions set forth
herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. The document attached hereto and made a part of this Resolution entitled “Management
and Operating Agreement between the City of Sioux Falls, South Dakota, and Washington Pavilion
Management, Inc.” for Management Company to manage the Washington Pavilion of Arts and
Science is hereby approved.
Section 2. The Mayor is authorized to sign the management agreement after it is ratified and
executed by Management Company.
Section 3. The City shall publish the Resolution, without attachment, after its passage. The
attachment is on file and available for inspection in the office of the City Clerk.
Date adopted: 10/16/12
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
ADJOURNMENT
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member James Entenman to adjourn at 9:00 p.m.
The Mayor called for a voice vote. All members presented voted yes.
Lorie Hogstad, CMC
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 ON TUESDAYS EACH
MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD 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 FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED
AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S 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, October 16, 2012 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member Jim Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Mayor Mike T. Huether
INVOCATION
● Pastor Kirk Flaa, Abiding Savior Lutheran Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Disability Mentoring Day, October 23, 2012
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, October 9, 2012, at 4:00 p.m.
● City Council Meeting of Tuesday, October 9, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on October 11, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on October 11, 2012 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: October 10, 2012; #2 Clear Diesel; 7500
Gallons; CHS Inc. ($4.013); Harms Oil ($3.95), Howes Oil and Midwest Oil, no
bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Sioux Area Metro
4. Report of Request for Quotes for Fuel: October 11, 2012; Unleaded Ethanol and
E85; 7000 Gallons Unleaded/1000 Gallons E85 (8000 total); Harms Oil ($3.2150
Unleaded/$2.6870 E85); CHS Inc. ($3.1850 Unleaded; $3.1850 E85); Howes Oil
and Olson Oil, no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
5. A communication was received from Lutheran High School of Sioux Falls
requesting permission to consume, but not sell, wine and malt beverage, at The
Old Courthouse Museum, 200 West Sixth Street, on Sunday, October 21, 2012
from 5:00 p.m. to 8:30 p.m. for a fundraising dinner.
Sponsor: SDCL 35-1-5.3
6. A communication was received from the Sioux Falls Regional United States
Bowling Congress (USBC) stating their intent to conduct a raffle from November
5, 2012 to November 21, 2012 for 50/50 tickets sold for half of the money
collected. Tickets will be sold for $1.00 each. The proceeds will go towards the
Bowlers to Veterans Link.
Sponsor: SDCL 22-25-25
7. A communication was received from the Sioux Falls Regional United States
Bowling Congress (USBC) stating their intent to conduct a raffle from January 7,
2013 to January 25, 2013 for 50/50 tickets sold for half of the money collected.
Tickets will be sold for $1.00 each. The proceeds will go towards the South
Dakota High School Bowling League.
Sponsor: SDCL 22-25-25
8. A communication was received from the Sioux Falls Regional United States
Bowling Congress (USBC) stating their intent to conduct a raffle from February 4,
2013 to February 22, 2013 for 50/50 tickets sold for half of the money collected.
Tickets will be sold for $1.00 each. The proceeds will go towards Susan B.
Komen Bowl for the Cure.
Sponsor: SDCL 22-25-25
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, November 6, 2012, at 7:00 p.m. for Items 9 through
11:
9. Transfer of a 2012 Convention Facility On Sale Liquor License, including Sunday
Sales, from Ovations Food Services, LP, Sioux Falls Convention Center, 1211
North West Avenue, to Ovations Food Services, LP, Sioux Falls Convention
Center, 1211 North West Avenue, expanding the licensed premises to include the
Arena and parking lot, 1201 North West Avenue, effective January 1, 2013.
Sponsor: Mayor/City Attorney
10. Rescind 2012-13 Retail Malt Beverage license issued to Ballard Building
Restaurant Co., Parker’s, 210 South Main Avenue.
Sponsor: Mayor/City Attorney
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Feisty Fighters to be operated at Landscape Garden Center, 7201 South Minnesota
Avenue, for a wine tasting event on November 20, 2012.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
12. New 2012-13 Retail Malt Beverage License for Asia LLC, Asia Sushi Bar and
Chinese Bistro, 108 South Minnesota Avenue (full service restaurant; CUP not
required).
Sponsor: Mayor/City Attorney
13. New 2012 Retail Wine License for Asia LLC, Asia Sushi Bar and Chinese Bistro,
108 South Minnesota Avenue (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
14. New 2012-13 Retail Malt Beverage License for PJAX LLC, Pepperjax Grill, 2009
West 41st Street, Suites 1 and 2, with Conditional Use Permit (2012-08-01) being
approved on September 5, 2012. Pending final inspections by Health and Building
Services.
Sponsor: Mayor/City Attorney
15. New 2012-13 Retail Malt Beverage License for Golf Addiction LLC, Golf
Addiction, 1220 West 41st Street, including video lottery terminals with
Conditional Use Permit (2012-08-06) being approved on September 5, 2012.
Withdrawn by the applicant.
Sponsor: Mayor/City Attorney
16. New 2013 Retail Wine License for Golf Addiction LLC, Golf Addiction, 1220
West 41st Street, with Conditional Use Permit (2012-08-06) being approved on
September 5, 2012. Withdrawn by the applicant.
Sponsor: Mayor/City Attorney
17. New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC, Dollar
General Store #10862, to be operated at 7214 West 41st Street.
Sponsor: Mayor/City Attorney
18. New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC, Dollar
General Store #11018, to be operated at 316 South Kiwanis Avenue.
Sponsor: Mayor/City Attorney
19. Transfer of 2012-13 Retail Malt Beverage License from MJM LLC, Kay’s Casino,
1508 West 41st Street to MG Oil Company, Happy Jacks-Sioux Falls II, 1508
West 41st Street.
Sponsor: Mayor/City Attorney
20. Transfer of 2012-13 Retail Malt Beverage License from D & K Enterprises LLC,
JJ’s Billiards, 309 South Elmwood Avenue to J & G Enterprises, JJ’s Billiards,
309 South Elmwood Avenue, with the Conditional Use Permit (2010-11-08) being
approved on December 1, 2010.
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO DEFINE AND
PROHIBIT CERTAIN FORMS OF SOLICITATION.
Sponsor: Mayor/Police
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH
DAKOTA, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER
SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY
DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR
CAPITAL IMPROVEMENTS, PLEDGING A PORTION OF THE
WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF
THE BOND, FIXING THE TERMS OF THE BOND, AUTHORIZING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE
CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BOND TO
THE SOUTH DAKOTA CONSERVANCY DISTRICT IN AN AMOUNT NOT
TO EXCEED $12,464,000.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING A FIRST AMENDMENT TO WATERTANK LEASE
AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. ARROWHEAD PKWY. AND S. POWDER
HOUSE RD. FROM THE C-4, PLANNED COMMERCIAL DISTRICT TO THE
C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2012-09-03, 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, November 6, 2012 at 7:00 p.m. on
Item 25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3001 N. LOUISE AVE. FROM THE I-1, LIGHT
INDUSTRIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL
DISTRICT, PETITION NO. 2012-09-06, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, November 6, 2012 at 7:00 p.m. on
Item 26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-09-12 TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT W. 32ND ST. AND W. BROEK
DR., ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE
REVISED SUBAREA REGULATIONS, 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, November 6, 2012 at 7:00 p.m. on
Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT N. CLIFF AVE. AND E. 1ST ST. FROM THE I-1,
LIGHT INDUSTRIAL DISTRICT; I-2, GENERAL INDUSTRIAL DISTRICT;
AND THE RD, RESIDENTIAL DISTRICT TO THE RS-2, RESIDENTIAL
DISTRICT, PETITION NO. 2012-09-14, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
HEARINGS AND RESOLUTIONS
28. A RESOLUTION AMENDING THE 2012–2016 CAPITAL PROGRAM.
Sponsor: Mayor/Public Works
29. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER
SEVENTEEN, CITY OF SIOUX FALLS. Planning Commission recommends
approval.
Sponsor: Mayor/Community Development
30. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX
INCREMENTAL DISTRICT NUMBER SEVENTEEN, CITY OF SIOUX
FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Community Development
31. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND
WASHINGTON PAVILION MANAGEMENT, INC. FOR THE
MANAGEMENT OF THE WASHINGTON PAVILION OF ARTS AND
SCIENCE.
Sponsor: Mayor/Community Development
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 ON TUESDAYS EACH
MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD 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 FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED
AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S 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.
Get email alerts for Sioux Falls
A daily email when new agendas and minutes are posted.