City Council Meeting
Regular MeetingSioux Falls, SD · December 4, 2012
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, December 4, 2012, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Kenny Anderson Jr.
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Mayor Mike T. Huether
INVOCATION
Dr. Ron Tottingham, Empire Baptist Temple
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Dean Karsky to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg
Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Council Member James Entenman was excused from the meeting and the vote on these
items.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, November 20, 2012, at 4:00 p.m.
City Council Meeting of Tuesday, November 20, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the November 29, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on the November 29, 2012 memo.
Sponsor: Mayor/Finance
3. A memorandum dated November 28, 2012, declaring surplus capital items that
will be disposed of as junk.
Sponsor: Mayor/Finance
4. A communication was received from Johnstone Supply, stating their intent to sell
raffle tickets from December 19, 2012, to January 31, 2013, for an ATV (valued
at $8,000.00); a shotgun (valued at $400.00); and a grill (valued at
$300.00). Tickets will be sold for $10.00 each. The proceeds will be used for
Operation Homefront, a nonprofit organization that provides emergency, financial
and other assistance to the families of our service members and wounded
warriors.
Sponsor: SDCL 22-25-25
5. A communication was received from Philanthropy Promotions, Inc. stating their
intent to sell raffle tickets from December 19, 2012, to July 13, 2013, for a 2013
Harley-Davidson Super Glide Custom (valued at approximately $16,999.00).
Tickets will be sold for $25.00 each or five for $100.00. The proceeds will be
used as a donation to Make-A-Wish South Dakota.
Sponsor: SDCL 22-25-25
6. A communication was received from Kristin Laberis requesting permission to
consume, but not sell wine at the Center for Health and Well-Being, 1301
W. 18th Street, on December 6 and December 20, 2012, from 5:30 p.m. to 7:30
p.m. for the purpose of classes teaching holiday meal ideas and international
cooking.
Sponsor: SDCL 35-1-5.3
7. A communication was received from the Sioux Falls Design Center requesting
permission to consume, but not sell, wine and malt beverages at the Sioux Falls
Design Center, 108 W. 11th Street on December 7, 2012, from 6:30 p.m. to 9:00
p.m. for Pecha Kucha Night.
Sponsor: SDCL 35-1-5.3
8. A communication was received from the Avera McKennan Hospital & University
Health Center requesting permission to consume, but not sell, wine and malt
beverages for Avera Medical Group Comprehensive Breast Care on December
13, 2012, from 5:00 p.m. to 7:30 p.m. for the purpose of a ribbon cutting.
Sponsor: SDCL 35-1-5.3
9. A communication was received from the Van Buskirk Companies requesting
permission to consume, but not sell, liquor, wine, and beer at the Overlook Cafe,
825 N. Weber Ave., on January 18, 2013, from 6:00 p.m. to 12:00 a.m. for the
purpose of an annual company celebration.
Sponsor: SDCL 35-1-5.3
10. A communication was received from Peggy L. Anderson requesting permission
to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W.
Sixth Street, on December 30, 2013, from 6:00 p.m. to 11:00 p.m. for the purpose
of a wedding.
Sponsor: SDCL 35-1-5.3
11. Report of Requests for Quotes for Fuel dated: November 14, 2012; Unleaded;
500 gallons; Howes Oil ($1,497.00); Midway Service ($1,483.25); Palisades Oil,
no bid. Bid awarded to Midway Service.
Sponsor: Mayor/Fire Rescue
12. Report of Requests for Quotes for Fuel dated: November 14, 2012; Diesel (#1 and
#2 blend); 1,050 gallons; Howes Oil ($3,698.10); Midway Service ($3,670.28);
Palisades Oil, no bid. Bid awarded to Midway Service.
Sponsor: Mayor/Fire Rescue
13. Report of Requests for Quotes for Fuel dated November 21, 2012; Unleaded
ethanol; 8,500 gallons; CHS, Inc. ($2.9200); Harms Oil, Howes Oil and Olson
Oil, all no bids. Bid awarded to CHS Inc.
Sponsor: Mayor/Fire Rescue
14. Report of Requests for Quotes for Fuel dated: November 21, 2012; 50/50 Dyed
Diesel; 1,000 gallons; Midway Service ($3.4800); Howes Oil ($3.5690); Midwest
Oil ($3.5590). Bid awarded to Midway Service.
Sponsor: Mayor/Public Works
15. Report of Request for Quotes for Fuel dated: November 27, 2012; #2 Clear
Diesel; 7,500 gallons; CHS, Inc. ($3.458); Harms Oil ($3.4395); Howes Oil and
Midwest Oil, both no bids. Bid awarded to Harms Oil.
Sponsor: Mayor/Planning and Building Services
16. Report of Request for Quotes for Fuel dated: November 27, 2012; #1 & #2 Dyed
Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2; Harms Oil (#1=$3.4340 /
#2=$3.2190); Howes Oil (#1=$3.4540 / #2=$3.2405); CHS, Inc. (#1=$3.4910 /
#2=$3.2430); Midwest Oil and Olson Oil, both no bids. Bid awarded to Harms
Oil.
Sponsor: Mayor/Public Works
APPLICATIONS
17. Special One-Day Liquor License for Washington Pavilion Management, Inc.,
Washington Pavilion of Arts & Science to be operated at 301 South Main Avenue
for an Avera McKennan Medical/Dental event on January 8, 2013.
Sponsor: Mayor/City Attorney
18. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2013 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit C.
Sponsor: Mayor/City Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, December 18, 2012, at 7:00 p.m. for Items 19 through
22:
19. New 2013 Retail Wine License for Waterhole 2400 LLC, The Garage, to be
operated at 2400 West Madison Street (CUP not required; this is an addition to an
existing license which predates the ordinance).
Sponsor: Mayor/City Attorney
20. New 2013 Retail Wine License for Ovations Food Services, LP, Ovations Food
Services at the Orpheum Theater to be operated at 315 North Phillips Avenue
(CUP not required; this is an addition to an existing license which predates the
ordinance).
Sponsor: Mayor/City Attorney
21. Transfer of a 2012-2013 Retail Malt Beverage License from SMG, Orpheum
Theater Center, 315 North Phillips Avenue to Ovations Food Services, LP,
Ovations Food Services at the Orpheum Theater, 315 North Phillips Avenue
(CUP not required; this is a change to an existing license which predates the
ordinance).
Sponsor: Mayor/City Attorney
22. Rescind Retail Malt Beverage License for SMG, Sioux Falls Arena, 1201 North
West Avenue, effective December 31, 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.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to amend the Regular Agenda by deferring Item 24 to the City
Council Meeting on Tuesday, February 5, 2013, at 7:00 p.m.
Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8.
Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue
Aguilar, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
John Sorrells and Manda Patrick from RFD-TV spoke regarding being dropped from
Knology's channel lineup for market sites in Sioux Falls and Rapid City, South Dakota.
They would like the Council to speak to Wide Open West Management regarding
dropping these market sites.
Albert Brooks asked the City Council to reconsider action taken at the November 20,
2012 City Council Meeting regarding the alcohol license for the Vishnu Bunny tattoo
parlor.
PETITIONS
23. CONDITIONAL USE PERMIT APPEAL (2012-10-07): 1901 S.
MINNESOTA AVENUE, E88’ LOTS 1-3 AND ALL LOTS 4 & 5, BLOCK 16,
UNIVERSITY ADDITION, MINNEHAHA COUNTY. THE CONDITIONAL
USE PERMIT WAS TO APPROVE MOTOR VEHICLE DISPLAY AND
SALES ON THE SUBJECT PROPERTY AS AN ACCESSORY
USE. (APPROVED AT THE NOVEMBER 7, 2012, PLANNING
COMMISSION MEETING WITH A VOTE OF 5-YES, 0-NO).
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Michelle Erpenbach to defer Item 23 to the City Council Meeting of Wednesday, January
2, 2013, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
UNFINISHED BUSINESS
24. Deferred (from the City Council Meetings of November 6 and 13, 2012):
Joint elections - agreement to share expenses.
Sponsor: City Council
Item 24 was deferred to the City Council Meeting on Tuesday, February 5, 2013,
at 7:00 p.m.
25. Deferred Action (from the meeting of November 20, 2012): 2013 Retail Liquor
License Renewal for 50/50 Holdings Inc., Deuces 9 Casino to be operated at 2601
S Carolyn Avenue.
Sponsor: Mayor/City Attorney
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to approve Item 25.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, Rex
Rolfing, 1.
Motion Passed.
26. New 2013 Package Liquor License for Peter Wol, Gas Deals & Foods, to be
operated at 1329 North Main Avenue.
Sponsor: Mayor/City Attorney
27. New 2013 Retail Wine License for Boys & Girls Club of the Sioux Empire,
Burnside Game Place to be operated at 1605 West Burnside Street with the
Conditional Use Permit (2002-03-03) being approved on June 10, 2002.
Sponsor: Mayor/City Attorney
28. Transfer of the 2012-13 Retail Malt Beverage License from Francisco Resendiz,
Tacos Lupe #3, 802 East Tenth Street, to Maria Crespin, Los Paisanos, 802 East
Tenth Street (full service restaurant, CUP not required).
Sponsor: Mayor/City Attorney
29. Transfer of the 2012-13 Retail Malt Beverage License from Best Batter Inc., The
Keg, 5301 West 57th Street to Golf Addiction LLC, Golf Addiction, 5301 West
57th Street, including video lottery terminals (full service restaurant, CUP not
required).
Sponsor: Mayor/City Attorney
30. Transfer of the 2012 Retail Wine License from Best Batter Inc., The Keg, 5301
West 57th Street to Golf Addiction LLC, Golf Addiction, 5301 West 57th Street
(full service restaurant, CUP not required).
Sponsor: Mayor/City Attorney
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Kenny Anderson Jr. to approve Item 26 through Item 30.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
31. DEFERRED ACTION (from meeting of 11/20/12) 2nd Reading: AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER
1, “GENERAL PROVISIONS” AND CHAPTER 27, “PARKS AND
RECREATION,” OF THE REVISED ORDINANCES OF THE CITY BY
REMOVING SPECIFIC PENALTY, RESTRICTING USE OF REMOTE
CONTROL AIRCRAFT, AMENDING EXCEPTIONS TO PARK HOURS,
AND REMOVING REFERENCES TO BOARD.
Sponsor: Mayor/Parks and Recreation
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Greg Jamison to adopt said Ordinance No. 96-12.
A motion was made by Council Member Kermit L. Staggers and seconded by
Council Member Dean Karsky to amend said ordinance by amending Section
27-11 to read as follows:
“Sec. 27-11. Firearms, guns, fireworks, and certain remote control aircraft
prohibited.
Except as authorized by the director, no person shall fire or discharge any
gun or any other type of firearm or discharge or set off any type of rocket,
firecracker, or other fireworks or anything containing any substance of an
explosive character, or operate remote control aircraft greater than 2
pounds, or fly a remote control aircraft of any size within 100' of an
assembly, parade, or special event within any public park.”
Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8.
Noes, 0.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue
Aguilar, 8. Noes, 0.
Motion Passed.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-10-10 TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT NORTHEAST CORNER OF W.
BENSON RD. AND S. WESTPORT AVE. AMENDING THE SANFORD
SPORTS COMPLEX PLANNED DEVELOPMENT DISTRICT. 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 adopt said Ordinance 89-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Michelle Erpenbach, Greg
Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Council Member James Entenman was excused from the meeting and the vote on this
item.
Motion Passed.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD
REZONING PROPERTY AT 2201 W. 95TH ST. FROM THE RC,
RECREATION/CONSERVATION DISTRICT TO THE S, INSTITUTIONAL
DISTRICT, PETITION NO. 2012-10-06 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 Sue Aguilar and seconded by Council Member
James Entenman to adopt said Ordinance No. 90-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY PERMITTING
CLUBHOUSES. 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 adopt said Ordinance No. 91-12.
Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, Kenny Anderson
Jr., 1.
Motion Passed.
35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING
APPENDIX A SUBDIVISION ORDINANCE. Planning Commission
recommends approval.
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 92-12.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member James Entenman to amend said ordinance with the following changes to the last
page: The removal of "Agreed to this ___day of ___, 20__"; the addition of a Notary
block for the developer's signature; and the addition of an Attest block for the Mayor's
signature.
Vote to amend: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0. Council Member
Kenny Anderson Jr. was excused from the meeting and the vote on this item.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg
Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Kermit L. Staggers, 1.
Council Member Kenny Anderson Jr. was excused from the meeting and the vote on this
item.
Motion Passed.
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING
CERTAIN EXISTING GENERAL ORDINANCES OF SIOUX FALLS, SOUTH
DAKOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION
THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING THE
CODE.
Sponsor: City Council/Attorney
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 93-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND RETRO PAY
WAGES AND HEALTH INSURANCE PREMIUMS FOR TRANSIT.
Sponsor: Mayor/Finance
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Kenny Anderson Jr. to adopt said Ordinance No. 94-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO FURTHER
DEFINE WHEN AN ANIMAL CAN BE DECLARED VICIOUS AND TO
PROVIDE CERTAIN REQUIREMENTS AFTER AN ANIMAL BITE
INCIDENT.
Sponsor: Mayor/Police
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 95-12.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 18, 2012, at 5:30 p.m. at
the Joint City Council/Lincoln County Commission Meeting for Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING
PROPERTY AT THE SE1/4 OF SECTION 8, TOWNSHIP 100, RANGE 49,
LINCOLN COUNTY, FROM THE AG, AGRICULTURAL DISTRICT TO THE
I-1, LIGHT INDUSTRIAL DISTRICT.
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, December
18, 2012, at 5:30 p.m. at the Joint City Council/Lincoln County Commission Meeting for
Item 39.
Vote to set a date: Yeses, Kenny Anderson Jr., James Entenman, Michelle Erpenbach,
Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, 8. Noes, 0.
Motion Passed.
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS
WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE
SIOUX FALLS CITY CHARTER SECTION 5.07(d)
40. REPORT OF THE NOVEMBER 27, 2012, NOTICE OF TRANSFERS OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
Sponsor: Mayor/Finance
ADJOURNMENT
A motion was made by Council Member Dean Karsky and seconded by Council Member
Rex Rolfing to adjourn the meeting at 8:35 p.m.
The Mayor called for a voice vote, all members present voted yes.
Tamara Jorgensen, CMC
Assistant City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, December 4, 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
● Dr. Ron Tottingham, Empire Baptist Temple
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, November 20, 2012, at 4:00 p.m.
● City Council Meeting of Tuesday, November 20, 2012, at 7:00 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the November 29, 2012 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on the November 29, 2012 memo.
Sponsor: Mayor/Finance
3. A memorandum dated November 28, 2012, declaring surplus capital items that
will be disposed of as junk.
Sponsor: Mayor/Finance
4. A communication was received from Johnstone Supply, stating their intent to sell
raffle tickets from December 19, 2012, to January 31, 2013, for an ATV (valued at
$8,000.00); a shotgun (valued at $400.00); and a grill (valued at $300.00). Tickets
will be sold for $10.00 each. The proceeds will be used for Operation Homefront,
a nonprofit organization that provides emergency, financial and other assistance to
the families of our service members and wounded warriors.
Sponsor: SDCL 22-25-25
5. A communication was received from Philanthropy Promotions, Inc. stating their
intent to sell raffle tickets from December 19, 2012, to July 13, 2013, for a 2013
Harley-Davidson Super Glide Custom (valued at approximately $16,999.00).
Tickets will be sold for $25.00 each or five for $100.00. The proceeds will be
used as a donation to Make-A-Wish South Dakota.
Sponsor: SDCL 22-25-25
6. A communication was received from Kristin Laberis requesting permission to
consume, but not sell wine at the Center for Health and Well-Being, 1301 W. 18th
Street, on December 6 and December 20, 2012, from 5:30 p.m. to 7:30 p.m. for the
purpose of classes teaching holiday meal ideas and international cooking.
Sponsor: SDCL 35-1-5.3
7. A communication was received from the Sioux Falls Design Center requesting
permission to consume, but not sell, wine and malt beverages at the Sioux Falls
Design Center, 108 W. 11th Street on December 7, 2012, from 6:30 p.m. to 9:00
p.m. for Pecha Kucha Night.
Sponsor: SDCL 35-1-5.3
8. A communication was received from the Avera McKennan Hospital & University
Health Center requesting permission to consume, but not sell, wine and malt
beverages for Avera Medical Group Comprehensive Breast Care on December 13,
2012, from 5:00 p.m. to 7:30 p.m. for the purpose of a ribbon cutting.
Sponsor: SDCL 35-1-5.3
9. A communication was received from the Van Buskirk Companies requesting
permission to consume, but not sell, liquor, wine, and beer at the Overlook Cafe,
825 N. Weber Ave., on January 18, 2013, from 6:00 p.m. to 12:00 a.m. for the
purpose of an annual company celebration.
Sponsor: SDCL 35-1-5.3
10. A communication was received from Peggy L. Anderson requesting permission to
consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth
Street, on December 30, 2013, from 6:00 p.m. to 11:00 p.m. for the purpose of a
wedding.
Sponsor: SDCL 35-1-5.3
11. Report of Requests for Quotes for Fuel dated: November 14, 2012; Unleaded; 500
gallons; Howes Oil ($1,497.00); Midway Service ($1,483.25); Palisades Oil, no
bid. Bid awarded to Midway Service.
Sponsor: Mayor/Fire Rescue
12. Report of Requests for Quotes for Fuel dated: November 14, 2012; Diesel (#1 and
#2 blend); 1,050 gallons; Howes Oil ($3,698.10); Midway Service ($3,670.28);
Palisades Oil, no bid. Bid awarded to Midway Service.
Sponsor: Mayor/Fire Rescue
13. Report of Requests for Quotes for Fuel dated: November 21, 2012; Unleaded
ethanol; 8,500 gallons; CHS, Inc. ($2.9200); Harms Oil, Howes Oil and Olson Oil,
all no bids. Bid awarded to CHS Inc.
Sponsor: Mayor/Fire Rescue
14. Report of Requests for Quotes for Fuel dated: November 21, 2012; 50/50 Dyed
Diesel; 1,000 gallons; Midway Service ($3.4800); Howes Oil ($3.5690); Midwest
Oil ($3.5590). Bid awarded to Midway Service.
Sponsor: Mayor/Public Works
15. Report of Request for Quotes for Fuel dated: November 27, 2012; #2 Clear
Diesel; 7,500 gallons; CHS, Inc. ($3.458); Harms Oil ($3.4395); Howes Oil and
Midwest Oil, both no bids. Bid awarded to Harms Oil.
Sponsor: Mayor/Planning and Building Services
16. Report of Request for Quotes for Fuel dated: November 27, 2012; #1 & #2 Dyed
Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2; Harms Oil (#1=$3.4340 /
#2=$3.2190); Howes Oil (#1=$3.4540 / #2=$3.2405); CHS, Inc. (#1=$3.4910 /
#2=$3.2430); Midwest Oil and Olson Oil, both no bids. Bid awarded to Harms
Oil.
Sponsor: Mayor/Public Works
APPLICATIONS
17. Special One-Day Liquor License for Washington Pavilion Management, Inc.,
Washington Pavilion of Arts & Science to be operated at 301 South Main Avenue
for an Avera McKennan Medical/Dental event on January 8, 2013.
Sponsor: Mayor/City Attorney
18. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2013 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit C.
Sponsor: Mayor/City Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, December 18, 2012, at 7:00 p.m. for Items 19 through
22:
19. New 2013 Retail Wine License for Waterhole 2400 LLC, The Garage, to be
operated at 2400 West Madison Street (CUP not required; this is an addition to an
existing license which predates the ordinance).
Sponsor: Mayor/City Attorney
20. New 2013 Retail Wine License for Ovations Food Services, LP, Ovations Food
Services at the Orpheum Theater to be operated at 315 North Phillips Avenue
(CUP not required; this is an addition to an existing license which predates the
ordinance).
Sponsor: Mayor/City Attorney
21. Transfer of a 2012-2013 Retail Malt Beverage License from SMG, Orpheum
Theater Center, 315 North Phillips Avenue to Ovations Food Services, LP,
Ovations Food Services at the Orpheum Theater, 315 North Phillips Avenue (CUP
not required; this is a change to an existing license which predates the ordinance).
Sponsor: Mayor/City Attorney
22. Rescind Retail Malt Beverage License for SMG, Sioux Falls Arena, 1201 North
West Avenue, effective December 31, 2012.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
PETITIONS
23. CONDITIONAL USE PERMIT APPEAL (2012-10-07): 1901 S.
MINNESOTA AVENUE, E88’ LOTS 1-3 AND ALL LOTS 4 & 5, BLOCK 16,
UNIVERSITY ADDITION, MINNEHAHA COUNTY. THE CONDITIONAL
USE PERMIT WAS TO APPROVE MOTOR VEHICLE DISPLAY AND SALES
ON THE SUBJECT PROPERTY AS AN ACCESSORY USE. (Approved at the
November 7, 2012, Planning Commission Meeting with a vote of 5-Yes, 0-No).
Sponsor: Mayor/Planning and Building Services
UNFINISHED BUSINESS
24. Deferred (from the City Council Meetings of November 6 and 13, 2012): Joint
elections - agreement to share expenses.
Sponsor: City Council
25. Deferred Action (from the meeting of November 20, 2012): 2013 Retail Liquor
License Renewal for 50/50 Holdings Inc., Deuces 9 Casino to be operated at 2601
S Carolyn Avenue.
Sponsor: Mayor/City Attorney
26. New 2013 Package Liquor License for Peter Wol, Gas Deals & Foods, to be
operated at 1329 North Main Avenue.
Sponsor: Mayor/City Attorney
27. New 2013 Retail Wine License for Boys & Girls Club of the Sioux Empire,
Burnside Game Place to be operated at 1605 West Burnside Street with the
Conditional Use Permit (2002-03-03) being approved on June 10, 2002.
Sponsor: Mayor/City Attorney
28. Transfer of the 2012-13 Retail Malt Beverage License from Francisco Resendiz,
Tacos Lupe #3, 802 East Tenth Street, to Maria Crespin, Los Paisanos, 802 East
Tenth Street (full service restaurant, CUP not required).
Sponsor: Mayor/City Attorney
29. Transfer of the 2012-13 Retail Malt Beverage License from Best Batter Inc., The
Keg, 5301 West 57th Street to Golf Addiction LLC, Golf Addiction, 5301 West
57th Street, including video lottery terminals (full service restaurant, CUP not
required).
Sponsor: Mayor/City Attorney
30. Transfer of the 2012 Retail Wine License from Best Batter Inc., The Keg, 5301
West 57th Street to Golf Addiction LLC, Golf Addiction, 5301 West 57th Street
(full service restaurant, CUP not required).
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
31. DEFERRED ACTION (from meeting of 11/20/12) 2nd Reading: AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER
1, “GENERAL PROVISIONS” AND CHAPTER 27, “PARKS AND
RECREATION,” OF THE REVISED ORDINANCES OF THE CITY BY
REMOVING SPECIFIC PENALTY, RESTRICTING USE OF REMOTE
CONTROL AIRCRAFT, AMENDING EXCEPTIONS TO PARK HOURS, AND
REMOVING REFERENCES TO BOARD.
Sponsor: Mayor/Parks and Recreation
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2012-10-10 TO CHAPTER 15.45.070,
PLANNED DEVELOPMENT DISTRICTS, AT NORTHEAST CORNER OF W.
BENSON RD. AND S. WESTPORT AVE. AMENDING THE SANFORD
SPORTS COMPLEX PLANNED DEVELOPMENT DISTRICT. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD
REZONING PROPERTY AT 2201 W. 95TH ST. FROM THE RC,
RECREATION/CONSERVATION DISTRICT TO THE S, INSTITUTIONAL
DISTRICT, PETITION NO. 2012-10-06 AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY PERMITTING
CLUBHOUSES. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING
APPENDIX A SUBDIVISION ORDINANCE. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING
CERTAIN EXISTING GENERAL ORDINANCES OF SIOUX FALLS, SOUTH
DAKOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES
NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE
VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF
AMENDING THE CODE.
Sponsor: City Council/Attorney
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND RETRO PAY
WAGES AND HEALTH INSURANCE PREMIUMS FOR TRANSIT.
Sponsor: Mayor/Finance
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE REVISED ORDINANCES OF THE CITY TO FURTHER
DEFINE WHEN AN ANIMAL CAN BE DECLARED VICIOUS AND TO
PROVIDE CERTAIN REQUIREMENTS AFTER AN ANIMAL BITE
INCIDENT.
Sponsor: Mayor/Police
Set a date of hearing and 2nd Reading for Tuesday, December 18, 2012, at 5:30 p.m. at
the Joint City Council/Lincoln County Commission Meeting for Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING
PROPERTY AT THE SE1/4 OF SECTION 8, TOWNSHIP 100, RANGE 49,
LINCOLN COUNTY, FROM THE AG, AGRICULTURAL DISTRICT TO THE
I-1, LIGHT INDUSTRIAL DISTRICT.
Sponsor: Mayor/Planning and Building Services
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN
A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX
FALLS CITY CHARTER SECTION 5.07(d)
40. REPORT OF THE NOVEMBER 27, 2012, NOTICE OF TRANSFERS OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
Sponsor: Mayor/Finance
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
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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