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City Council Meeting

Regular Meeting

Sioux Falls, SD · January 2, 2013

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Wednesday, January 2, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Sue Aguilar Council Member Michelle Erpenbach Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Mayor Mike T. Huether INVOCATION  Reverend Kathryn Timpany, First Congregational United Church of Christ 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, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. MINUTES  Informational Meeting minutes of Tuesday, December 18, 2012, at 4:00 p.m.  Joint City Council/Lincoln County Commission Meeting minutes of Tuesday, December 18, 2012, at 5:30 p.m.  City Council Meeting minutes of Tuesday, December 18, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the December 27, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on the December 27, 2012 memo. Sponsor: Mayor/Finance 3. A memorandum dated December 17, 2012, declaring surplus a capital item that will be sold via online auction. Sponsor: Mayor/Finance 4. A memorandum dated December 20, 2012, declaring surplus a capital item that will be traded in for another asset. Sponsor: Mayor/Finance 5. A memorandum dated December 21, 2012 declaring surplus a capital item that will be disposed of as junk. Sponsor: Mayor/Finance 6. Report of Requests for Quotes for Fuel dated: December 17, 2012; #1 & #2 Dyed Diesel Fuel; 2,500 gallons #1 and 5,000 gallons #2; Howes Oil (#1 = $3.3335/#2 = $3.0910); CHS, Inc. (#1 = $3.3750/#2 = $3.1200); Harms Oil, Midwest Oil and Olson Oil, all no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 7. Report of Requests for Quotes for Fuel dated: December 17, 2012; Unleaded Ethanol; 8,500 gallons; Howes Oil ($2.7195); CHS, Inc. ($2.7470); Harms Oil, Olson Oil, both no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 8. Report of Requests for Quotes for Fuel dated: December 19, 2012; #1 & #2 Dyed Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; CHS, Inc. (#1 = $3.3650/#2 = $3.1170); Harms Oil (#1 = $3.3487/#2 = $3.1332); Howes Oil, Midwest Oil and Olson Oil, all no bid. Bid awarded to: CHS, Inc. Sponsor: Mayor/Public Works 9. Report of Requests for Quotes for Fuel dated: December 19, 2012; #2 Clear Diesel; 7,500 Gallons; CHS, Inc. ($3.332); Howes Oil, Harms Oil, and Midwest Oil, all no bid. Bid awarded to: CHS, Inc. Sponsor: Mayor/Planning and Building Services 10. Report of Requests for Quotes for Fuel dated: December 20, 2012; Unleaded Ethanol & E85; 6,000 gallons unleaded/2,000 gallons E85 (8,000 total); Harms Oil ($2.6000 unleaded/$2.4000 E85); CHS, Inc. ($2.8600 unleaded/$2.6240 E85); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 11. Report of Requests for Quotes for Fuel dated: December 20, 2012; Diesel (#1 and #2 blend); 1,100 gallons; Howes Oil ($3,644.81); Midway Service ($3,668.23); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Fire Rescue 12. Report of Requests for Quotes for Fuel dated: December 21, 2012; #1 & #2 Dyed Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; Harms Oil (#1 = $3.3780/#2 = $3.1780); CHS, Inc. (#1 = $3.4100/#2 = $3.1900); Howes Oil, Midwest Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 13. A communication was received from the Juvenile Diabetes Research Foundation of South Dakota stating their intent to sell raffle tickets on January 26, 2013, for an Apple IPad (valued at $500.00). The tickets will be sold for $5.00 each or five for $20.00. The proceeds will be for the JDRF Walk To Cure Diabetes Fundraiser. Sponsor: SDCL 22-25-25 14. A communication was received from Jennifer Olson requesting permission to consume, but not sell, wine, beer and/or malt beverages at the Old Courthouse Museum, 200 West 6th Street, on April 19, 2013, from 2:00 p.m. to 5:00 p.m. for the purpose of a wedding rehearsal and dinner. Sponsor: SDCL 35-1-5.3 APPLICATIONS 15. 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 F. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 15, 2013, at 7:00 p.m. for Items 16 through 18: 16. New 2012-13 Retail Malt Beverage License for Zing Inc., Zing, to be operated at 301 South Minnesota Avenue with the Conditional Use Permit (2012-09-02) being approved on October 3, 2012. Sponsor: Mayor/City Attorney 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls to be operated at the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue for a fundraiser on February 2, 2013. Sponsor: Mayor/City Attorney 18. Special One-Day Liquor License for History Club of Sioux Falls, to be operated at the History Clubhouse, 758 South Phillips Avenue for a building fundraiser on February 9, 2013. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to approve the Regular Agenda. A motion was made by Council Member James Entenman and seconded by Council Member Greg Jamison to amend the Regular Agenda by withdrawing Items 19 and 21. Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. PUBLIC INPUT Theresa Stehly spoke regarding the length of time for public input at City Council Meetings and the responsiveness of City Council Members to the public. PETITIONS 19. DEFERRED ITEM (FROM THE MEETING OF DECEMBER 4, 2012) - 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 This item was withdrawn at the Approval of the Regular Agenda. UNFINISHED BUSINESS 20. New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC, Dollar General Store #10699, to be operated at 1609 East Rice Street. Sponsor: Mayor/City Attorney 21. New 2013 Retail Liquor License for W&P of Sioux Falls LLC, name to be determined, to be operated on Lot 9B, Block 17, Dawley Farm Village Addition (general location 600 South Highland Place), including Sunday Sales and video lottery terminals (full service restaurant, CUP not required). Pending final inspections by Building Services. Sponsor: Mayor/City Attorney This item was withdrawn at the Approval of the Regular Agenda. 22. Transfer of a 2012 Retail Wine License from Zing Inc, Zing, 524 North Main Avenue, Suite 110 to Zing, Inc., Zing, 301 South Minnesota Avenue with the Conditional Use Permit (2012-09-02) being approved on October 3, 2012. Sponsor: Mayor/City Attorney 23. 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 E. Sponsor: Mayor/City Attorney A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to approve Item 20 and Items 22-23. Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 24. Deferred (from the City Council Meeting of November 6, 2012). 2nd 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 Sue Aguilar and seconded by Council Member Greg Jamison to defer this item to the City Council Meeting of Tuesday, March 5, 2013, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2821 W. 69TH ST. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2012-11-01, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance No. 1-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 322 E. 8TH ST. FROM THE I-2, HEAVY INDUSTRIAL DISTRICT TO THE C-3, CENTRAL BUSINESS DISTRICT, PETITION NO. 2012-11-14, 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 James Entenman and seconded by Council Member Greg Jamison to adopt said Ordinance No. 2-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 22, 2013, at 7:00 p.m. at the Joint City Council/Lincoln County Commission Meeting on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT THE SW1/4 OF THE SW1/4 AND THE SE1/4 OF THE SW1/4 OF SECTION 20, TOWNSHIP 100N, RANGE 50W, LINCOLN COUNTY, FROM THE AG, AGRICULTURAL DISTRICT TO THE C, COMMERCIAL DISTRICT. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Dean Karsky and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, January 22, 2013, at 7:00 p.m. at the Joint City Council/Lincoln County Commission Meeting. Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 28. A RESOLUTION ESTABLISHING A PAY-FOR-PERFORMANCE PROGRAM FOR THE CITY COUNCIL APPOINTED POSITIONS OF BUDGET ANALYST, CITY CLERK, INTERNAL AUDITOR, INTERNAL AUDIT MANAGER, AND LEGISLATIVE/OPERATIONS MANAGER. Sponsor: City Council A motion was made by Council Member Sue Aguilar and seconded by Council Member James Entenman to adopt said Resolution No. 1-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. RESOLUTION NO. 1-13 A RESOLUTION ESTABLISHING A PAY-FOR-PERFORMANCE PROGRAM FOR THE CITY COUNCIL APPOINTED POSITIONS OF BUDGET ANALYST, CITY CLERK, INTERNAL AUDITOR, INTERNAL AUDIT MANAGER, AND LEGISLATIVE/OPERATIONS MANAGER. WHEREAS, Section 2.08 of the Charter of the City of Sioux Falls authorizes the City Council to appoint an officer of the City who shall oversee the operations of the City Clerk’s Office and therefore shall carry the title City Clerk; and WHEREAS, Section 2.10 of the Charter of the City of Sioux Falls authorizes the City Council to provide for an independent audit of all City accounts and may provide for more frequent audits as necessary; and WHEREAS, the Internal Audit Manager and Internal Auditor will have structural reporting authority to the Council’s Audit Committee; and WHEREAS, the Budget Analyst will have structural reporting authority to the Council’s Fiscal Committee; and WHEREAS, the City Clerk and Legislative/Operations Manager will have structural reporting authority to the Council’s Operations Committee; and WHEREAS, the City Council will maintain market-competitive salary range and a pay-for-performance program for the positions of Budget Analyst, City Clerk, Internal Auditor, Internal Audit Manager, and Legislative/Operations Manager; and WHEREAS, the City Council shall determine the scope and nature of the work of the Budget Analyst, City Clerk, Internal Auditor, Internal Audit Manager, and Legislative/Operations Manager; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The 2013 biweekly salary ranges for the Budget Analyst shall be as follows: biweekly minimum range—$1,974.40; maximum—$2,781.60. 2. The 2013 biweekly salary ranges for the City Clerk shall be as follows: biweekly minimum range—$1,974.40; maximum—$2,781.60. 3. The 2013 hourly salary ranges for the Internal Auditor shall be as follows: hourly minimum range—$19.97; maximum—$27.76. 4. The 2013 biweekly salary ranges for the Internal Audit Manager shall be as follows: biweekly minimum range—$2,034.40; maximum—$2,885.60. 5. The 2013 biweekly salary ranges for the Legislative/Operations Manager shall be as follows: biweekly minimum range—$2,338.40; maximum—$3,366.40. 6. The City Council appointed employees’ salaries will be modified on the first pay period of the calendar year to reflect any adopted inflation adjustment to the assigned salary range. 7. Performance-based increases shall be recommended by the respective Council Committee having structural authority and approved by the City Council. The performance increase shall be in addition to any inflation adjustment, both being retroactive to the beginning of 2013. 8. Performance shall be assessed annually based on the following three-level scale of performance: exceeds performance expectations, meets expectations, and failed to meet expectations. 9. Evaluative criteria will address any or all of the following key competencies when determining the level of performance: demonstrated leadership and teamwork, effective performance management of subordinate staff, effective fiscal and operational management of defined responsibilities, effective communication, and City business knowledge. 10. The Director of Human Resources shall assist the City Council in administering the salary and pay-for-performance program and for the purposes of advising market-based pay recommendations and adherence to federal, state, and City employment practices. 11. The City Council may modify the provisions relating to the performance pay guidelines in any one calendar year based on budgetary reasons or at their discretionary authority. Date adopted: 01/02/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 29. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Community Development A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution No. 2-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. RESOLUTION NO. 2-13 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the 2012 special assessment roll for the Main Street Business Improvement District in the City of Sioux Falls, South Dakota, is hereby approved, and the assessment as set out in said special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of said special assessment roll in the City Finance Office. Section 2. Said assessment may be paid in one annual installment based on the assessed valuations of the property adjusted each year and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 01/02/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest for the quarterly rate each year in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2014. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 2nd day of January 2013, and that the whole of said assessment may be paid without interest to the City Finance Office on or before 30 days after said filing. Lorie Hogstad City Clerk 30. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Resolution No. 3-13. Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 7. Noes, 0. Motion Passed. RESOLUTION NO. 3-13 A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2013–2017 Capital Program shall be amended as follows: Public Works—Water Purification Amend the Capital Improvements Program by adding a new project, Water Purification Building Improvements at Various Locations, in 2013. The estimated cost is $150,000 for engineering. The additional funding will not require an increase in appropriations as it will be funded by user fees. Amend the Capital Improvements Program by adding a new project, Flow Control Valves, in 2013. The estimated cost is $40,000 for engineering and $200,000 for construction, totaling $240,000. The additional funding will not require an increase in appropriations as it will be funded by user fees. Amend the Other Capital Expenditures Program by adding a new project, Water Tapping Machine, in 2013. The estimated cost is $30,000. The additional funding will not require an increase in appropriations as it will be funded by user fees. Date adopted: 01/02/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 31. REPORT OF THE DECEMBER 26, 2012, NOTICE OF TRANSFERS OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance ADJOURNMENT A motion was made by Council Member James Entenman and seconded by Council Member Sue Aguilar to adjourn the meeting at 7:51 p.m. Mayor Huether called for a voice vote and all members present voted yes. Motion Passed. Tamara Jorgensen, CMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE 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 REGULAR MEETING OF Wednesday, January 2, 2013 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 ● Reverend Kathryn Timpany, First Congregational United Church of Christ PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Tuesday, December 18, 2012, at 4:00 p.m. ● Joint City Council/Lincoln County Commission Meeting of Tuesday, December 18, 2012, at 5:30 p.m. ● City Council Meeting of Tuesday, December 18, 2012, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on the December 27, 2012 memo. Sponsor: Mayor/Finance 2. Notice of change orders on the December 27, 2012 memo. Sponsor: Mayor/Finance 3. A memorandum dated December 17, 2012, declaring surplus a capital item that will be sold via online auction. Sponsor: Mayor/Finance 4. A memorandum dated December 20, 2012, declaring surplus a capital item that will be traded in for another asset. Sponsor: Mayor/Finance 5. A memorandum dated December 21, 2012 declaring surplus a capital item that will be disposed of as junk. Sponsor: Mayor/Finance 6. Report of Requests for Quotes for Fuel dated: December 17, 2012; #1 & #2 Dyed Diesel Fuel; 2,500 gallons #1 and 5,000 gallons #2; Howes Oil (#1 = $3.3335/#2 = $3.0910); CHS, Inc. (#1 = $3.3750/#2 = $3.1200); Harms Oil, Midwest Oil and Olson Oil, all no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 7. Report of Requests for Quotes for Fuel dated: December 17, 2012; Unleaded Ethanol; 8,500 gallons; Howes Oil ($2.7195); CHS, Inc. ($2.7470); Harms Oil, Olson Oil, both no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Public Works 8. Report of Requests for Quotes for Fuel dated: December 19, 2012; #1 & #2 Dyed Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; CHS, Inc. (#1 = $3.3650/#2 = $3.1170); Harms Oil (#1 = $3.3487/#2 = $3.1332); Howes Oil, Midwest Oil and Olson Oil, all no bid. Bid awarded to: CHS, Inc. Sponsor: Mayor/Public Works 9. Report of Requests for Quotes for Fuel dated: December 19, 2012; #2 Clear Diesel; 7,500 Gallons; CHS, Inc. ($3.332); Howes Oil, Harms Oil, and Midwest Oil, all no bid. Bid awarded to: CHS, Inc. Sponsor: Mayor/Planning and Building Services 10. Report of Requests for Quotes for Fuel dated: December 20, 2012; Unleaded Ethanol & E85; 6,000 gallons unleaded/2,000 gallons E85 (8,000 total); Harms Oil ($2.6000 unleaded/$2.4000 E85); CHS, Inc. ($2.8600 unleaded/$2.6240 E85); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 11. Report of Requests for Quotes for Fuel dated: December 20, 2012; Diesel (#1 and #2 blend); 1,100 gallons; Howes Oil ($3,644.81); Midway Service ($3,668.23); Palisades Oil, no bid. Bid awarded to: Howes Oil. Sponsor: Mayor/Fire Rescue 12. Report of Requests for Quotes for Fuel dated: December 21, 2012; #1 & #2 Dyed Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; Harms Oil (#1 = $3.3780/#2 = $3.1780); CHS, Inc. (#1 = $3.4100/#2 = $3.1900); Howes Oil, Midwest Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Public Works 13. A communication was received from the Juvenile Diabetes Research Foundation of South Dakota stating their intent to sell raffle tickets on January 26, 2013, for an Apple IPad (valued at $500.00). The tickets will be sold for $5.00 each or five for $20.00. The proceeds will be for the JDRF Walk To Cure Diabetes Fundraiser. Sponsor: SDCL 22-25-25 14. A communication was received from Jennifer Olson requesting permission to consume, but not sell, wine, beer and/or malt beverages at the Old Courthouse Museum, 200 West 6th Street, on April 19, 2013, from 2:00 p.m. to 5:00 p.m. for the purpose of a wedding rehearsal and dinner. Sponsor: SDCL 35-1-5.3 APPLICATIONS 15. 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 F. Sponsor: Mayor/City Attorney NOTICE OF HEARINGS Set a date of hearing for Tuesday, January 15, 2013, at 7:00 p.m. for Items 16 through 18: 16. New 2012-13 Retail Malt Beverage License for Zing Inc., Zing, to be operated at 301 South Minnesota Avenue with the Conditional Use Permit (2012-09-02) being approved on October 3, 2012. Sponsor: Mayor/City Attorney 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls to be operated at the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue for a fundraiser on February 2, 2013. Sponsor: Mayor/City Attorney 18. Special One-Day Liquor License for History Club of Sioux Falls, to be operated at the History Clubhouse, 758 South Phillips Avenue for a building fundraiser on February 9, 2013. Sponsor: Mayor/City Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT PETITIONS 19. DEFERRED ITEM (FROM THE MEETING OF DECEMBER 4, 2012) - 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 20. New 2012-2013 Package Malt Beverage License for Dolgen Midwest LLC, Dollar General Store #10699, to be operated at 1609 East Rice Street. Sponsor: Mayor/City Attorney 21. New 2013 Retail Liquor License for W&P of Sioux Falls LLC, name to be determined, to be operated on Lot 9B, Block 17, Dawley Farm Village Addition (general location 600 South Highland Place), including Sunday Sales and video lottery terminals (full service restaurant, CUP not required). Pending final inspections by Building Services. Sponsor: Mayor/City Attorney 22. Transfer of a 2012 Retail Wine License from Zing Inc, Zing, 524 North Main Avenue, Suite 110 to Zing, Inc., Zing, 301 South Minnesota Avenue with the Conditional Use Permit (2012-09-02) being approved on October 3, 2012. Sponsor: Mayor/City Attorney 23. 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 E. Sponsor: Mayor/City Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 24. Deferred (from the City Council Meeting of November 6, 2012). 2nd 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 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2821 W. 69TH ST. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2012-11-01, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 322 E. 8TH ST. FROM THE I-2, HEAVY INDUSTRIAL DISTRICT TO THE C-3, CENTRAL BUSINESS DISTRICT, PETITION NO. 2012-11-14, 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, January 22, 2013, at 7:00 p.m. at the Joint City Council/Lincoln County Commission Meeting on Item 27: 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT THE SW1/4 OF THE SW1/4 AND THE SE1/4 OF THE SW1/4 OF SECTION 20, TOWNSHIP 100N, RANGE 50W, LINCOLN COUNTY, FROM THE AG, AGRICULTURAL DISTRICT TO THE C, COMMERCIAL DISTRICT. Planning Commission recommends approval. Sponsor: Mayor/Planning and Building Services HEARINGS AND RESOLUTIONS 28. A RESOLUTION ESTABLISHING A PAY-FOR-PERFORMANCE PROGRAM FOR THE CITY COUNCIL APPOINTED POSITIONS OF BUDGET ANALYST, CITY CLERK, INTERNAL AUDITOR, INTERNAL AUDIT MANAGER, AND LEGISLATIVE/OPERATIONS MANAGER. Sponsor: City Council 29. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor/Community Development 30. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. Sponsor: Mayor/Public Works 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) 31. REPORT OF THE DECEMBER 26, 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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