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City Council Meeting

Regular Meeting

Sioux Falls, SD · October 16, 2012

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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.

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