City Council Meeting
Regular MeetingSioux Falls, SD · February 19, 2013
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, February 19, 2013, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Greg Jamison Council Member James Entenman
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member Michelle Erpenbach
Mayor Mike T. Huether
INVOCATION
Father Steven Jones, Christ the King Catholic Church
PLEDGE OF ALLEGIANCE
VISITOR RECOGNITION
Boy Scout Troop 46 working on their Citizenship Merit Badge and First Class Rank
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, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Wednesday, February 13, 2013, at 4:00 p.m.
City Council Meeting of Wednesday, February 13, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on February 14, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on February 14, 2013 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: February 6, 2013; Winter Mix 50/50 #1 &
#2 Dyed Diesel; 350 Gallons; Midway Service ($3.53); Howes Oil ($3.619);
Tammen Oil, no bid. Bid awarded to: Midway Service.
Sponsor: Mayor/Parks and Recreation
4. Report of Request for Quotes for Fuel: February 11, 2013; #1 & #2 Dyed Diesel
Fuel; 6000 Gallons #1 & 9000 Gallons #2; Howes Oil (#1, $3.5340/#2, $3.3935)
Harms Oil (#1, $3.5520/#2, $3.4160); CHS Inc. (#1, $3.5700/#2, $3.4100);
Midwest Oil and Olson Oil, no bids. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
5. Report of Request for Quotes for Fuel: February 11, 2013; Unleaded Ethanol;
8500 Gallons; Harms Oil ($3.2480); Howes Oil ($3.2505); CHS, Inc. ($3.2770);
Olson Oil, no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
6. Report of Request for Quotes for Fuel: February 13, 2013; #2 Clear Diesel, 7500
Gallons; CHS, Inc. ($3.65); Harms Oil ($3.627); Howes Oil and Midwest Oil, no
bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Sioux Area Metro
7. A communication was received from AIGA South Dakota (American Institute of
Graphic Arts) requesting permission to consume, but not sell, wine and beer at
the Sioux Falls Design Center, 108 West 11th Street, on May 3, 2013, from 6:00
p.m. to 9:00 p.m. for the a gallery opening/reception showcasing South Dakota
designers and artists' work.
Sponsor: Sponsor: SDCL 35-1-5.3
APPLICATIONS
8. Special One-Day Off-Sale Package Wine Dealer License for the El Riad Shriners
to be operated at the El Riad Mosque, 510 South Phillips Avenue, for the 1st
Annual Wine Moonshine & Beer Tasting Event on March 9, 2013.
Sponsor: Mayor/City Attorney
9. Special One-Day Malt Beverage License requests for the Multi-Cultural Center of
Sioux Falls to be operated at the Coliseum, 515 North Main Avenue, for
RollerDollz performances to be held on March 2, April 6, April 27, September
28, October 19 and November 19, 2013.
Sponsor: Mayor/City Attorney
The following abatement was recommended for approval by the Director of
Equalization and the State's Attorney's Office for Lincoln County; and the City
Attorney for Sioux Falls:
10. Brad and Kathleen Baloun, Parcel 280.98.00.600, Tract 6, Diamond Valley
Addition to City of Sioux Falls, Lincoln County, for 2011 property taxes in the
amount of $7,965.12. This tract was platted and the value did not change.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Items 11 through 15:
11. New 2013 Package Liquor License for Luciano’s North LTD, Luciano’s North to
be operated at 431 North Phillips Avenue (CUP not required; this is an addition to
an existing license).
Sponsor: Mayor/City Attorney
12. Transfer of a 2013 Retail Wine License from B&S Japanese Steakhouse, LLC,
Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi and Hibachi
Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East 10th Street
(full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
13. Transfer of a 2012-2013 Retail Malt Beverage License from B&S Japanese
Steakhouse, LLC, Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo
Sushi and Hibachi Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202
East 10th Street (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
14. Special One-Day Liquor License request for the Avera McKennan Foundation to
be operated at the Avera Prairie Center, 1000 East 23rd Street, for The Big Grape
fundraiser on April 12, 2013.
Sponsor: Mayor/City Attorney
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Area Community Foundation to be operated at CNA Surety, 101
South Reid Street, Suite 300, for a fundraiser on May 2, 2013.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Greg Jamison 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., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Greg Neitzert expressed concerns regarding language in Item 26, first reading of an
ordinance regulating public sewers and how violations of the proposed ordinance would
be handled.
UNFINISHED BUSINESS
16. New 2012-2013 Retail Malt Beverage License for Paul Saxton, Bogtrotters Pub,
Grub & Tap to be operated at 201 East 11th Street with the Conditional Use
Permit (2012-11-15) being approved on January 9, 2013. Pending final
inspections by Fire, Health and Building Services.
Sponsor: Mayor/City Attorney
17. New 2013 Retail Wine License for Dollar Bill’s Casino Inc., Dollar Bill’s Casino
to be operated at 4920 North Cliff Avenue with Conditional Use Permit (96-10-4)
being approved on November 18, 1996.
Sponsor: Mayor/City Attorney
18. Transfer of 2012-2013 Retail Malt Beverage License from Lucky Buck’s Casino
Inc., Lucky Buck’s Casino to MG Oil Company, Happy Jacks Sioux Falls III to
be operated at 3705 South Western Avenue (CUP not required; this is an existing
license which predates the ordinance).
Sponsor: Mayor/City Attorney
19. Transfer of 2013 Package Liquor License from Runco, Amoco Food Shop to JKB
Enterprises LLC, J&K Kwik Stop to be operated at 1200 East 10th Street (CUP
not required).
Sponsor: Mayor/City Attorney
20. Transfer of 2013 Retail Liquor License from Cash Inn on Benson Inc., Cash Inn
II, to Brett Erickson, Happy Jacks Sioux Falls IV to be operated at 1211 East
Benson Road with Conditional Use Permit (2006-01-13) being approved on
February 1, 2006.
Sponsor: Mayor/City Attorney
21. Special One-Day Wine License request from Good Shepherd Ministry Center
Inc., to be operated at the Avera Prairie Center, 1000 East 23rd Street, for a
fundraiser on May 7, 2013.
Sponsor: Mayor/City Attorney
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society, to be operated at Vern Eide Acura, 4030 South
Grange Avenue, for a fundraiser on June 20, 2013.
Sponsor: Mayor/City Attorney
23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society, to be operated at Yankton Trail Park, 3901
South Minnesota Avenue, for the Jazz Fest on July 18-20, 2013.
Sponsor: Mayor/City Attorney
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to approve Items 16 through 23.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING SECTION 32.022 OF CHAPTER 32, “CITY ORGANIZATIONS,”
TO REFLECT UPDATED TITLE OF INTERNAL AUDIT MANAGER.
Sponsor: City Council
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Michelle Erpenbach to adopt said Ordinance No. 4-13.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item
25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks/Recreation
$39,518)
Sponsor: Mayor/Finance
A motion was made by Council Member Dean Karsky and seconded by Council Member
Rex Rolfing to set a date of hearing for Tuesday, March 5, 2013 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., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item
26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 53 “PUBLICLY OWNED TREATMENT WORKS” SECTION
53.023 “REGULATION OF USE OF PUBLIC SEWERS.”
Sponsor: Mayor/Public Works/Engineering
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to set a date of hearing for Tuesday, March 5, 2013 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., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2013-01-02, TO SECTION 160.446,
PLANNED DEVELOPMENT DISTRICTS, AT E. 57TH ST. BETWEEN S.
BAHNSON AVE. AND S. GRAYSTONE AVE. ALLOWING CHANGES IN
LAND USE AS REFLECTED IN THE REVISED SUBAREA B
REGULATIONS AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Sue Aguilar to set a date of hearing for Tuesday, March 5, 2013 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., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 5, at 7:00 p.m. on Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 157 OF THE SUBDIVISION ORDINANCE. 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 for Tuesday, March 5, 2013 at 7:00 p.m. on
Item 28.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W.
BROEK DR. FROM W. 32ND ST. TO S. KIERRA CT. AS SHOWN ON THE
ATTACHED EXHIBIT.
Sponsor: Mayor/Public Works
A motion was made by Council Member Dean Karsky and seconded by Council Member
Greg Jamison to adopt said Resolution No. 9-13.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 9-13
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. BROEK DR. FROM
W. 32ND ST. TO S. KIERRA CT. AS SHOWN ON THE ATTACHED EXHIBIT.
WHEREAS, a petition of the owners of:
Lot 15 (ex. Lots 15A and 16A) Block 1 Westwood Valley Addition
Lot 16 Block 1 Westwood Valley Addition
Lot 17A Block 1 Westwood Valley Addition
Lot 1 Block 12 Westwood Valley Addition
Lot 2 (ex. Lot 3A) Block 12 Westwood Valley Addition
to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk,
asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and
said notice was properly published; and
WHEREAS, the hearing was held on February 12, 2013, and the petition has been duly examined
and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition
has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats
attached to and made a part of said petition, has not been used for public travel in the last 20 years
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on W. Broek Dr. from W. 32nd St. to S. Kierra Ct. as shown on the
attached exhibit to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same
hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and
upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, cable
TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City
Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly
certified transcript of this resolution.
Date adopted: 02/19/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
30. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON THE
WEST 20' OF W. BROEK DR. ADJACENT TO LOTS 1A THROUGH 6A
AND LOT 14A BLOCK 11 AND LOTS 15 AND 16 BLOCK 12 ALL OF
WESTWOOD VALLEY ADDITION AS SHOWN ON ATTACHED EXHIBIT.
Sponsor: Mayor/Public Works
A motion was made by Council Member Greg Jamison and seconded by Council
Member Dean Karsky to adopt said Resolution No. 10-13.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 10-13
A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON THE WEST 20' OF
W. BROEK DR. ADJACENT TO LOTS 1A THROUGH 6A AND LOT 14A BLOCK 11 AND
LOTS 15 AND 16 BLOCK 12 ALL OF WESTWOOD VALLEY ADDITION AS SHOWN ON
ATTACHED EXHIBIT.
WHEREAS, a petition of the owners of:
Lot 1A Block 11 Westwood Valley Addition
Lot 2A Block 11 Westwood Valley Addition
Lot 3A Block 11 Westwood Valley Addition
Lot 4A Block 11 Westwood Valley Addition
Lot 5A Block 11 Westwood Valley Addition
Lot 6A Block 11 Westwood Valley Addition
Lot 14A Block 11 Westwood Valley Addition
Lot 15 Block 12 Westwood Valley Addition
Lot 16 Block 12 Westwood Valley Addition
to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk,
asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given,
and said notice was properly published; and
WHEREAS, the hearing was held on February 12, 2013, and the petition has been duly
examined and investigated by the City Council of the City of Sioux Falls. Testimony in support
of said petition has been heard, and no opposition thereto was voiced. Said property, as shown
upon the plats attached to and made a part of said petition, has not been used for public travel in
the last 20 years
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the public right-of-way on the west 20' of W. Broek Dr. adjacent to Lots 1A through 6A and
Lot 14A Block 11 and Lots 15 and 16 Block 12 all of Westwood Valley Addition as shown on
attached exhibit to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same
hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of
Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution.
Date adopted: 02/19/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
31. A RESOLUTION ADOPTING THE INTERNAL AUDIT CHARTER FOR THE
CITY AS AMENDED.
Sponsor: City Council
A motion was made by Council Member Greg Jamison and seconded by Council
Member Kenny Anderson Jr. to adopt said Resolution No. 11-13.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 11-13
A RESOLUTION ADOPTING THE INTERNAL AUDIT CHARTER FOR THE CITY AS
AMENDED.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and part of this resolution entitled “Internal Audit Charter” is
hereby approved as amended.
That the Mayor is authorized to sign such agreement.
Date adopted: 02/19/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
32. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2012-12-05—W. 12TH ST. AND N.
ELLIS RD.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 12-13.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 12-13
ANNEXATION 2012-12-05—W. 12TH ST. AND N. ELLIS RD.
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed
with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with
the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be
included within the municipality;
WHEREAS, there has been an analysis completed in regard to the territory hereinafter described
and it has been found that:
1. The property has been properly described and is contiguous to the current city limits.
2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls
2035 Comprehensive Plan.
3. There is adequate provision for municipal utilities and access to the major street network
once the environmental assessment is complete on N. Ellis Rd. in late 2013 or early 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the following described properties are and the same hereby are included within the
corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is
hereby extended to include such territory:
Tract 1 of Lakeside Addition; a portion of the SW1/4 of 16-101-50 (excluding Bruns Tract
1, Tract 1 and Lot 5 Block 1 Crusher’s Addition, and excluding an unplatted portion in the
NW1/4 of the SW1/4 being 327' east to west and 1,061' north to south); including adjacent
rights-of-way of Ellis Rd. and Highway 42, Minnehaha County, South Dakota
And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County,
South Dakota, a duly certified transcript of this resolution.
Date adopted: 02/19/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Kenny Anderson Jr. to adopt said Resolution No. 13-13.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, Kenny Anderson Jr., Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 13-13
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following Mayoral appointments:
Name Board Term
Rick Kiley Falls Community Health Appointed for a term from
Center Governing Board February 2013 to March 2016 (to
replace Mike Hurley).
Date adopted: 02/19/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
ADJOURNMENT
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Kenny Anderson Jr. to adjourn at 7:40 p.m.
The Mayor called for a voice vote. All members present voted yes.
Lorie Hogstad, CMC
City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, February 19, 2013 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
● Father Steven Jones, Christ the King Catholic Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Wednesday, February 13, 2013, at 4:00 p.m.
● City Council Meeting of Wednesday, February 13, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on February 14, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on February 14, 2013 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: February 6, 2013; Winter Mix 50/50 #1 &
#2 Dyed Diesel; 350 Gallons; Midway Service ($3.53); Howes Oil ($3.619);
Tammen Oil, no bid. Bid awarded to: Midway Service.
Sponsor: Mayor/Parks and Recreation
4. Report of Request for Quotes for Fuel: February 11, 2013; #1 & #2 Dyed Diesel
Fuel; 6000 Gallons #1 & 9000 Gallons #2; Howes Oil (#1, $3.5340/#2, $3.3935)
Harms Oil (#1, $3.5520/#2, $3.4160); CHS Inc. (#1, $3.5700/#2, $3.4100);
Midwest Oil and Olson Oil, no bids. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
5. Report of Request for Quotes for Fuel: February 11, 2013; Unleaded Ethanol;
8500 Gallons; Harms Oil ($3.2480); Howes Oil ($3.2505); CHS, Inc. ($3.2770);
Olson Oil, no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
6. Report of Request for Quotes for Fuel: February 13, 2013; #2 Clear Diesel, 7500
Gallons; CHS, Inc. ($3.65); Harms Oil ($3.627); Howes Oil and Midwest Oil, no
bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Sioux Area Metro
7. A communication was received from AIGA South Dakota (American Institute of
Graphic Arts) requesting permission to consume, but not sell, wine and beer at the
Sioux Falls Design Center, 108 West 11th Street, on May 3, 2013, from 6:00 p.m.
to 9:00 p.m. for the a gallery opening/reception showcasing South Dakota
designers and artists' work.
Sponsor: Sponsor: SDCL 35-1-5.3
APPLICATIONS
8. Special One-Day Off-Sale Package Wine Dealer License for the El Riad Shriners
to be operated at the El Riad Mosque, 510 South Phillips Avenue, for the 1st
Annual Wine Moonshine & Beer Tasting Event on March 9, 2013.
Sponsor: Mayor/City Attorney
9. Special One-Day Malt Beverage License requests for the Multi-Cultural Center of
Sioux Falls to be operated at the Coliseum, 515 North Main Avenue, for
RollerDollz performances to be held on March 2, April 6, April 27, September 28,
October 19 and November 19, 2013.
Sponsor: Mayor/City Attorney
The following abatement was recommended for approval by the Director of
Equalization and the State's Attorney's Office for Lincoln County; and the City
Attorney for Sioux Falls:
10. Brad and Kathleen Baloun, Parcel 280.98.00.600, Tract 6, Diamond Valley
Addition to City of Sioux Falls, Lincoln County, for 2011 property taxes in the
amount of $7,965.12. This tract was platted and the value did not change.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, March 5, 2013 at 7:00 p.m. on Items 11 through 15:
11. New 2013 Package Liquor License for Luciano’s North LTD, Luciano’s North to
be operated at 431 North Phillips Avenue (CUP not required; this is an addition to
an existing license).
Sponsor: Mayor/City Attorney
12. Transfer of a 2013 Retail Wine License from B&S Japanese Steakhouse, LLC,
Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi and Hibachi
Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East 10th Street (full
service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
13. Transfer of a 2012-2013 Retail Malt Beverage License from B&S Japanese
Steakhouse, LLC, Tokyo Sushi and Hibachi, 3202 East 10th Street to Tokyo Sushi
and Hibachi Steakhouse LLC, Tokyo Sushi and Hibachi Steakhouse, 3202 East
10th Street (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
14. Special One-Day Liquor License request for the Avera McKennan Foundation to
be operated at the Avera Prairie Center, 1000 East 23rd Street, for The Big Grape
fundraiser on April 12, 2013.
Sponsor: Mayor/City Attorney
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Area Community Foundation to be operated at CNA Surety, 101 South
Reid Street, Suite 300, for a fundraiser on May 2, 2013.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
16. New 2012-2013 Retail Malt Beverage License for Paul Saxton, Bogtrotters Pub,
Grub & Tap to be operated at 201 East 11th Street with the Conditional Use
Permit (2012-11-15) being approved on January 9, 2013. Pending final
inspections by Fire, Health and Building Services.
Sponsor: Mayor/City Attorney
17. New 2013 Retail Wine License for Dollar Bill’s Casino Inc., Dollar Bill’s Casino
to be operated at 4920 North Cliff Avenue with Conditional Use Permit (96-10-4)
being approved on November 18, 1996.
Sponsor: Mayor/City Attorney
18. Transfer of 2012-2013 Retail Malt Beverage License from Lucky Buck’s Casino
Inc., Lucky Buck’s Casino to MG Oil Company, Happy Jacks Sioux Falls III to be
operated at 3705 South Western Avenue (CUP not required; this is an existing
license which predates the ordinance).
Sponsor: Mayor/City Attorney
19. Transfer of 2013 Package Liquor License from Runco, Amoco Food Shop to JKB
Enterprises LLC, J&K Kwik Stop to be operated at 1200 East 10th Street (CUP
not required).
Sponsor: Mayor/City Attorney
20. Transfer of 2013 Retail Liquor License from Cash Inn on Benson Inc., Cash Inn II,
to Brett Erickson, Happy Jacks Sioux Falls IV to be operated at 1211 East Benson
Road with Conditional Use Permit (2006-01-13) being approved on February 1,
2006.
Sponsor: Mayor/City Attorney
21. Special One-Day Wine License request from Good Shepherd Ministry Center Inc.,
to be operated at the Avera Prairie Center, 1000 East 23rd Street, for a fundraiser
on May 7, 2013.
Sponsor: Mayor/City Attorney
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society, to be operated at Vern Eide Acura, 4030 South
Grange Avenue, for a fundraiser on June 20, 2013.
Sponsor: Mayor/City Attorney
23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Jazz & Blues Society, to be operated at Yankton Trail Park, 3901
South Minnesota Avenue, for the Jazz Fest on July 18-20, 2013.
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING SECTION 32.022 OF CHAPTER 32, “CITY ORGANIZATIONS,”
TO REFLECT UPDATED TITLE OF INTERNAL AUDIT MANAGER.
Sponsor: City Council
Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item
25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks/Recreation
$39,518)
Sponsor: Mayor/Finance
Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item
26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 53 “PUBLICLY OWNED TREATMENT WORKS” SECTION
53.023 “REGULATION OF USE OF PUBLIC SEWERS.”
Sponsor: Mayor/Public Works/Engineering
Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2013-01-02, TO SECTION 160.446,
PLANNED DEVELOPMENT DISTRICTS, AT E. 57TH ST. BETWEEN S.
BAHNSON AVE. AND S. GRAYSTONE AVE. ALLOWING CHANGES IN
LAND USE AS REFLECTED IN THE REVISED SUBAREA B
REGULATIONS AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, March 5, 2013 at 7:00 p.m. on Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 157 OF THE SUBDIVISION ORDINANCE. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
HEARINGS AND RESOLUTIONS
29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON W. BROEK
DR. FROM W. 32ND ST. TO S. KIERRA CT. AS SHOWN ON THE
ATTACHED EXHIBIT.
Sponsor: Mayor/Public Works
30. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON THE WEST
20' OF W. BROEK DR. ADJACENT TO LOTS 1A THROUGH 6A AND LOT
14A BLOCK 11 AND LOTS 15 AND 16 BLOCK 12 ALL OF WESTWOOD
VALLEY ADDITION AS SHOWN ON ATTACHED EXHIBIT.
Sponsor: Mayor/Public Works
31. A RESOLUTION ADOPTING THE INTERNAL AUDIT CHARTER FOR THE
CITY AS AMENDED.
Sponsor: City Council
32. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2012-12-05—W. 12TH ST. AND N. ELLIS
RD.
Sponsor: Mayor/Planning and Building Services
33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE
STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE 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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