City Council Meeting
Regular MeetingSioux Falls, SD · March 5, 2013
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, March 5, 2013, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Mayor Mike T. Huether
INVOCATION
Chaplain John Mooney, Sioux Falls Veterans Administration and Air National Guard
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Spread The Word To End The Word Day, March 6, 2013
Sioux Empire Water Festival Days, March 12 and 13, 2013
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Kenny Anderson Jr. to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, 0. Council
Member James Entenman was excused from the meeting and the vote on the Consent
Agenda.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, February 19, 2013, at 4:00 p.m.
City Council Meeting of Tuesday, February 19, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on the February 28, 2013, memo.
Sponsor: Mayor/Finance
2. Notice of change orders on the February 28, 2013 memo.
Sponsor: Mayor/Finance
3. Report of Requests for Quotes for Fuel dated: February 15, 2013; Unleaded
Ethanol; 8,500 gallons; Howes Oil ($3.3905); Harms Oil ($3.3920); CHS, Inc.
($3.4080); Olson Oil, no bid. Bid awarded to Howes Oil.
Sponsor: Mayor/Public Works
4. Report of Requests for Quotes for Fuel dated: February 19, 2013; #1 and #2 Dyed
Diesel Fuel; 3,000 Gallons #1 and 4,500 gallons #2; Harms Oil (#1 = $3.5325/#2
= $3.3925); Howes Oil (#1 = $3.5515/#2 = $3.4240); CHS, Inc., Midwest Oil and
Olson Oil, all no bids. Bid awarded to Harms Oil.
Sponsor: Mayor/Public Works
5. Report of Requests for Quotes for Fuel dated: February 20, 2013; #1 and #2 Dyed
Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; Howes Oil (#1 = $3.5100/#2
= $3.3600); Harms Oil (#1 = $3.5086/#2 = $3.3725); Midwest Oil (#1 =
$3.6030/#2 = $3.4750); CHS, Inc. and Olson Oil, both no bid. Bid awarded to:
Howes Oil.
Sponsor: Mayor/Public Works
6. Report of Requests for Quotes for Fuel dated: February 22, 2013; Unleaded
Ethanol; 8,500 gallons; Howes Oil ($3.3225); Harms Oil ($3.3400); CHS, Inc.
and Olson Oil, both no bids. Bid awarded to Howes Oil.
Sponsor: Mayor/Public Works
7. Report of Requests for Quotes for Fuel dated: February 25, 2013; #1 and #2 Dyed
Diesel Fuel; 6,000 gallons #1 and 9,000 gallons #2; Howes Oil (#1 = $3.4570/#2
= $3.3185); Harms Oil (#1 = $3.4066/#2 = $3.3507); CHS, Inc. (#1 = $3.5000/#2
=$3.3500); Midwest Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
8. A communication was received from the steering committee for the Roosevelt
High School Senior Class Party stating their intent to sell raffle tickets from
March 11, 2013, to April 26, 2013, for cash prizes of $1,000.00 (minimum of one
and a maximum of four). The tickets will be sold for $10.00 each until 2,000
tickets are sold. The proceeds will be used to pay expenses for the all-night
Roosevelt High School Senior Class Party on May 19, 2013.
Sponsor: SDCL 22-25-25
9. A communication was received from the YWCA Sioux Falls stating their intent
to sell raffle tickets from April 1, 2013, to April 25, 2013, for prizes of an iPad
(valued at $400.00-$600.00); and a Coach purse (valued at $400.00-$600.00).
Tickets will be sold for $20.00 or less until $100.00 tickets are sold. The
proceeds will be used for programs offered at the YWCA to women, children and
families.
Sponsor: SDCL 22-25-25
10. A communication was received from Deep Bench, L.L.C. (dba OTA) requesting
permission to consume, but not sell, beer and wine at the Sioux Falls Design
Center, 108 West 11th Street, on Thursday, March 14, 2013, from 5:00 p.m. to
9:00 p.m. for a reception.
Sponsor: SDCL 35-1-5.3
APPLICATIONS
The following abatement was recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
11. Luella Mengenhausen, Parcel 38570, 2013 E. 1st Street, Sioux Falls City, W 61'
Lot 4, Block 1, Leader's Sunrise 2nd Addition to Sioux Falls City, for 2011
property taxes in the amount of $800.81. The amount requested is the difference
between the elderly freeze and the non-elderly freeze.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, March 19, 2013, at 7:00 p.m. on Items 12 through 18:
12. New 2013 Package Liquor License for Fareway Stores, Inc., Fareway Stores
#136, to be operated at 1431 West 41st Street.
Sponsor: Mayor/City Attorney
13. Special One-Day Wine and Special One-Day Off-Sale Package Wine Dealer
Licenses for Hy-Vee, Inc., Hy-Vee Food Store #5 to be operated at the
Canterbury Village Clubhouse, 5500 East Eastbridge Place, for the Edith Sanford
Breast Cancer Foundation Taste of Hope fundraiser on March 22, 2013.
Sponsor: Mayor/City Attorney
14. Special One-Day Wine License for Senior Citizens Services Inc., to be operated
at Active Generations, 2300 West 46th Street, for a Cocktails and Canvas Art
Class on March 26, 2013.
Sponsor: Mayor/City Attorney
15. Special One-Day Malt Beverage License for Avera McKennan Hospital to be
operated at Avera McKennan Fitness Center, 3400 South Southeastern Avenue,
for the 5K Joker Run on April 1, 2013.
Sponsor: Mayor/City Attorney
16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Sertoma Butterfly House and Marine Cove, to be operated at 4320 South Oxbow
Avenue, for a fundraiser on April 19, 2013.
Sponsor: Mayor/City Attorney
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Sertoma Butterfly House and Marine Cove, to be operated at 4320 South Oxbow
Avenue, for a Siouxland Republican Women fundraiser on April 27, 2013.
Sponsor: Mayor/City Attorney
18. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley
Davidson, to be operated at Falls Park West (park area north of the Sioux Falls
Park and Recreation Office leading to Falls Park along Phillips Avenue) with a
north boundary of Falls Park Drive, south boundary to 8th Street, east boundary is
to the chain link fence on the east side of the park (the street will be closed on 6th
Street from Dakota to Weber Avenues), and the west boundary of Dakota
Avenue, for Hot Harley Nights, on July 13, 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 Rex Rolfing to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
Greg Nietzert spoke regarding the Shape Places Zoning ordinance.
Paula Johnson spoke regarding a Quit Claim Deed for the property at Spellerberg Park.
Douglas Cook spoke regarding the parking needs for future expansion at the Veterans
Administration Hospital.
UNFINISHED BUSINESS
19. 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
20. 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
21. 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
22. 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
23. 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
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Rex Rolfing to approve Items 19 through 23.
Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
24. Deferred Action (from the City Council Meetings of November 6, 2012 and
January 2, 2013). 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 Michelle Erpenbach and seconded by Council
Member James Entenman to defer this item to the City Council Meeting on Tuesday,
June 4, 2013, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
25. 2nd 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 Kenny Anderson Jr. and seconded by Council
Member Sue Aguilar to adopt said Ordinance No. 5-13.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
26. 2nd 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 James Entenman to adopt said Ordinance No. 6-13.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
27. 2nd 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
Michelle Erpenbach to adopt said Ordinance No. 7-13.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
28. 2nd 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 Dean Karsky to adopt said Ordinance 8-13.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James
Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m. for
Item 29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF SIOUX FALLS, SD, BY
ADOPTING THE SHAPE PLACES ZONING ORDINANCE. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kermit L. Staggers and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, March 19,
2013, at 7:00 p.m. for Item 29.
Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean
Karsky, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m.
for Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 51: UTILITY RATES AND CHARGES; SUBCHAPTER, STORM
WATER DRAINAGE SYSTEM IMPROVEMENT COST RECOVERY.
Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Dean Karsky and seconded by Council Member
Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, March 19,
2013, at 7:00 p.m. for Item 30.
Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean
Karsky, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m.
for Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 51: UTILITY RATES AND CHARGES OF THE 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 James Entenman to set a date of hearing and 2nd Reading for Tuesday, March
19, 2013, at 7:00 p.m.
Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean
Karsky, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m.
for Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 96: STREETS AND SIDEWALKS OF THE ORDINANCE.
Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at
7:00 p.m. for Item 32.
Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean
Karsky, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
33. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT
SIDEWALK ON N. KIWANIS AVE., AND ASSESSING THE COST TO
EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
Sponsor: Mayor/Public Works
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to adopt said Resolution No. 14-13.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James
Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
RESOLUTION NO. 14-13
A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON
N. KIWANIS AVE., AND ASSESSING THE COST TO EACH LOT OR TRACT OF
LAND BENEFITING THEREBY.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications
prepared by the Office of the City Engineer and on file in the Office of the City Engineer
on the following streets in the City of Sioux Falls, SD, in front of and abutting upon the
following described property to be assessed:
N. Kiwanis Ave. from W. 2nd St. to W. 9th St.
S1/2 vac. Street & E1/2 vac. Hudson Ave. & Lots 10-12 & Lots 1-3 (ex E10') Blk
28 Harrison’s Addn., Minnehaha County, SD
S99' N132' W456.4' E496.4' SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD
Lot 1 Soukup’s Addn., City of Sioux Falls, Minnehaha County, SD
N165' W660' N990' E331' SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD
N137' S495' N990' E331' SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD
S160' N198' S396' N990' E331' (ex E40') SE1/4 NW1/4 Sec. 18-101-49, Minnehaha
County, SD
Tract 11 Penticoff Addn., City of Sioux Falls, Minnehaha County, SD
S99' E661.8' (ex E7') N3/4 SE1/4 NW1/4 & N10' Lot 2 Sec. 18-101-49, Minnehaha
County, SD
N115' Lot 2 (ex N10') S1/2 SE1/4 NW1/4 Sec. 18-101-49, Minnehaha County, SD
E160' Lot 2 Blk 3 Penmor Addn., City of Sioux Falls, Minnehaha County, SD
Section 2. The cost and expense of the improvements shall be levied by special assessment
upon the above-described property in accordance with Section 96.035 of the Code of
Ordinances of Sioux Falls, SD, and SDCL Chapter 9-46. Subject to exceptions described
in City ordinance, the improvements shall be assessed upon the above-described property
abutting upon the same in proportion to the number of front feet fronting or abutting, as
provided by law.
Section 3. Notice. The City may waive or reduce special assessments levied against
owner-occupied single-family dwellings where the head of the household is 65 years of
age or older, or is disabled or where the annual household income is less than $10,000. In
order to qualify and be eligible for the waiving or reduction of such special assessments,
you must make application on forms provided at the City of Sioux Falls Community
Development, 224 W. 9th St., or call 367-7125, prior to the date of the ‘Final Levy of the
Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written
application prior to this date will disqualify you from being eligible for waiving or
reduction of the special assessment.
Section 4. The assessment may be paid in five (5) equal annual installments. If not paid
within 30 days after the assessment roll has been filed in the City Accounting Office, the
assessment or any installment shall be collected with interest in accordance with the
procedure provided by SDCL 9-43-76 through 9-43-113.
Interest on the assessment or installment will be charged and collected in accordance with
law. The rate to be charged will be set by the City Council in the year of assessment.
Section 5. The estimated cost of the above-named improvements is as follows:
Construct 4" Thick Sidewalk .............................$20.00 Per Front Foot
Engineering Fee .................................................$4.00 Per Front Foot
Date adopted: 03/05/13
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
34. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. (Parks
and Recreation: $39,518.00; Public Works-Water: $240,000.00; and Public
Works - Water Reclamation: $11,000.00).
Sponsor: Mayor/Finance
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 15-13.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 15-13
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:
Parks and Recreation
Amend Capital Improvements Program Project No. 013064, Bike Trail Development, by
increasing funding in 2013 by $39,518 for construction of a bike trail station point. This
will require an increase in appropriations that will be funded by the Sales/Use Tax Fund
via a donation from the Elmen Foundation.
Public Works—Water
Amend the Other Capital Expenditures Program by adding two loader backhoes in 2013.
The estimated cost is $120,000 each, totaling $240,000. This will not require an increase
in appropriations as it will be funded by water user fees.
Public Works—Water Reclamation
Amend the Other Capital Expenditures Program by adding a microwave analyzer in 2013.
The estimated cost is $11,000 and will not require an increase in appropriations as it will
be funded by water reclamation user fees.
Date adopted: 03/05/13
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)
35. REPORT OF THE FEBRUARY 25, 2013, NOTICE OF TRANSFERS OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
Sponsor: Mayor/Finance
ADJOURNMENT
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to adjourn at 8:30 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, March 5, 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
● Chaplain John Mooney, Sioux Falls Veterans Administration and Air National Guard
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Spread The Word To End The Word Day, March 6, 2013
● Sioux Empire Water Festival Days, March 12 and 13, 2013
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, February 19, 2013, at 4:00 p.m.
● City Council Meeting of Tuesday, February 19, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on the February 28, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on the February 28, 2013 memo.
Sponsor: Mayor/Finance
3. Report of Requests for Quotes for Fuel dated: February 15, 2013; Unleaded
Ethanol; 8,500 gallons; Howes Oil ($3.3905); Harms Oil ($3.3920); CHS, Inc.
($3.4080); Olson Oil, no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
4. Report of Requests for Quotes for Fuel dated: February 19, 2013; #1 and #2 Dyed
Diesel Fuel; 3,000 Gallons #1 and 4,500 gallons #2; Harms Oil (#1 = $3.5325/#2 =
$3.3925); Howes Oil (#1 = $3.5515/#2 = $3.4240); CHS, Inc., Midwest Oil and
Olson Oil, all no bids. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
5. Report of Requests for Quotes for Fuel dated: February 20, 2013; #1 and #2 Dyed
Diesel Fuel; 3,000 gallons #1 and 4,500 gallons #2; Howes Oil (#1 = $3.5100/#2 =
$3.3600); Harms Oil (#1 = $3.5086/#2 = $3.3725); Midwest Oil (#1 = $3.6030/#2
= $3.4750); CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
6. Report of Requests for Quotes for Fuel dated: February 22, 2013; Unleaded
Ethanol; 8,500 gallons; Howes Oil ($3.3225); Harms Oil ($3.3400); CHS, Inc.
and Olson Oil, both no bids. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
7. Report of Requests for Quotes for Fuel dated: February 25, 2013; #1 and #2 Dyed
Diesel Fuel; 6,000 gallons #1 and 9,000 gallons #2; Howes Oil (#1 = $3.4570/#2 =
$3.3185); Harms Oil (#1 = $3.4066/#2 = $3.3507); CHS, Inc. (#1 = $3.5000/#2
=$3.3500); Midwest Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
8. A communication was received from the steering committee for the Roosevelt
High School Senior Class Party stating their intent to sell raffle tickets from March
11, 2013, to April 26, 2013, for cash prizes of $1,000.00 (minimum of one and a
maximum of four). The tickets will be sold for $10.00 each until 2,000 tickets are
sold. The proceeds will be used to pay expenses for the all-night Roosevelt High
School Senior Class Party on May 19, 2013.
Sponsor: SDCL 22-25-25
9. A communication was received from the YWCA Sioux Falls stating their intent to
sell raffle tickets from April 1, 2013, to April 25, 2013, for prizes of an iPad
(valued at $400.00-$600.00); and a Coach purse (valued at $400.00-$600.00).
Tickets will be sold for $20.00 or less until 100 tickets are sold. The proceeds will
be used for programs offered at the YWCA to women, children and families.
Sponsor: SDCL 22-25-25
10. A communication was received from Deep Bench, L.L.C. (d/b/a OTA) requesting
permission to consume, but not sell, beer and wine at the Sioux Falls Design
Center, 108 West 11th Street, on Thursday, March 14, 2013, from 5:00 p.m. to
9:00 p.m. for a reception.
Sponsor: SDCL 35-1-5.3
APPLICATIONS
The following abatement was recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
11. Luella Mengenhausen, Parcel 38570, 2013 E. 1st Street, Sioux Falls City, W 61'
Lot 4, Block 1, Leader's Sunrise 2nd Addition to Sioux Falls City, for 2011
property taxes in the amount of $800.81. The amount requested is the difference
between the elderly freeze and the non-elderly freeze.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, March 19, 2013, at 7:00 p.m. on Items 12 through 18:
12. New 2013 Package Liquor License for Fareway Stores, Inc., Fareway Stores #136,
to be operated at 1431 West 41st Street.
Sponsor: Mayor/City Attorney
13. Special One-Day Wine and Special One-Day Off-Sale Package Wine Dealer
Licenses for Hy-Vee, Inc., Hy-Vee Food Store #5 to be operated at the Canterbury
Village Clubhouse, 5500 East Eastbridge Place, for the Edith Sanford Breast
Cancer Foundation Taste of Hope fundraiser on March 22, 2013.
Sponsor: Mayor/City Attorney
14. Special One-Day Wine License for Senior Citizens Services Inc., to be operated at
Active Generations, 2300 West 46th Street, for a Cocktails and Canvas Art Class
on March 26, 2013.
Sponsor: Mayor/City Attorney
15. Special One-Day Malt Beverage License for Avera McKennan Hospital to be
operated at Avera McKennan Fitness Center, 3400 South Southeastern Avenue,
for the 5K Joker Run on April 1, 2013.
Sponsor: Mayor/City Attorney
16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma
Butterfly House and Marine Cove, to be operated at 4320 South Oxbow Avenue,
for a fundraiser on April 19, 2013.
Sponsor: Mayor/City Attorney
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sertoma
Butterfly House and Marine Cove, to be operated at 4320 South Oxbow Avenue,
for a Siouxland Republican Women fundraiser on April 27, 2013.
Sponsor: Mayor/City Attorney
18. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley
Davidson, to be operated at Falls Park West (park area north of the Sioux Falls
Park and Recreation Office leading to Falls Park along Phillips Avenue) with a
north boundary of Falls Park Drive, south boundary to 8th Street, east boundary is
to the chain link fence on the east side of the park (the street will be closed on 6th
Street from Dakota to Weber Avenues), and the west boundary of Dakota Avenue,
for Hot Harley Nights, on July 13, 2013.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
19. 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
20. 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
21. 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
22. 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
23. 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
INTRODUCTION AND ADOPTION OF ORDINANCES
24. Deferred Action (from the City Council Meetings of November 6, 2012 and
January 2, 2013). 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,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks/Recreation
$39,518.00)
Sponsor: Mayor/Finance
26. 2nd 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
27. 2nd 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
28. 2nd 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
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for
Item 29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF SIOUX FALLS, SD, BY
ADOPTING THE SHAPE PLACES ZONING ORDINANCE. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for
Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 51: UTILITY RATES AND CHARGES; SUBCHAPTER, STORM
WATER DRAINAGE SYSTEM IMPROVEMENT COST RECOVERY.
Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for
Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 51: UTILITY RATES AND CHARGES OF THE ORDINANCE.
Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, March 19, 2013, at 7:00 p.m., for
Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 96: STREETS AND SIDEWALKS OF THE ORDINANCE. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
HEARINGS AND RESOLUTIONS
33. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT
SIDEWALK ON N. KIWANIS AVE., AND ASSESSING THE COST TO EACH
LOT OR TRACT OF LAND BENEFITING THEREBY.
Sponsor: Mayor/Public Works
34. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. (Parks
and Recreation: $39,518.00; Public Works-Water: $240,000.00; and Public
Works-Water Reclamation: $11,000.00).
Sponsor: Mayor/Finance
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)
35. REPORT OF THE FEBRUARY 25, 2013, 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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