City Council Meeting
Regular MeetingSioux Falls, SD · April 2, 2013
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, April 2, 2013, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Kenny Anderson Jr.
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Mayor Mike T. Huether
INVOCATION
Reed DeVries, Adult Ministry Team Leader for Celebrate Church
PLEDGE OF ALLEGIANCE
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, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, March 19, 2013, at 4:00 p.m.
City Council Meeting of Tuesday, March 19, 2013, at 7:00 p.m.
Informational Meeting of Tuesday, March 26, 2013, at 4:00 p.m.
Joint City Council/Minnehaha County Commission Meeting of Tuesday, March 26,
2013, at 5:00 p.m.
COMMUNICATIONS
1. A memorandum dated February 26, 2013, declaring surplus capital items
that were demolished as part of building upgrades.
Sponsor: Mayor/Finance
2. Approval of Contracts/Agreements on the March 28, 2013 memo.
Sponsor: Mayor/Finance
3. Notice of change orders on the March 28, 2013 memo.
Sponsor: Mayor/Fin
4. Statement of Claim for Mechanic's, Miner's, Laborer's or Materialman's Lien on
Public Improvement Project from Sioux City Insulation, Inc. for work and
materials furnished to Rick Plumbing & Heating, Inc. regarding a project at Sioux
Falls City Hall.
Sponsor: SDCL 5-22-3
5. A communication was received from Paulsen Marketing requesting permission to
consume, but not sell, wine and beer at the Sioux Falls Design Center, 108 West
11th Street, on Thursday, April 4, 2014, from 3:00 p.m. to 5:00 p.m. for the
purpose of an annual meeting.
Sponsor: SDCL 35-1-5.3
6. A communication was received from Jacob Versteeg requesting permission to
consume, but not sell wine, liquor and/or malt beverages at the Old Courthouse
Museum, 200 West Sixth Street, on Friday, June 7, 2013, from 5:00 p.m. to 10:00
p.m. for the purpose of a wedding reception.
Sponsor: SDCL 35-1-5.3
7. A communication was received from John Kehoe and Stacy Howard requesting
permission to consume, but not sell, beer, wine and liquor at the Old Courthouse
Museum 200 West Sixth Street on Saturday, August 24, 2013, from 3:30 p.m. to
11:30 p.m. for the purpose of a wedding reception.
Sponsor: SDCL 35-1-5.3
8. Report of Requests for Quotes for Fuel dated: March 18, 2013; Unleaded
Ethanol; 8,500 gallons; Howes Oil ($3.1935); Harms Oil ($3.2161); CHS, Inc.
($3.2460); and Olson Oil ($3.3200). Bid awarded to Howes Oil.
Sponsor: Mayor/Public Works
9. Report of Request for Quotes for Fuel: March 21, 2013; Diesel (#1 and #2 blend);
550 gallons; Howes Oil ($1,891.44); Midway Service ($1,913.45); Palisades Oil,
no bid. Bid awarded to Howes Oil.
Sponsor: Mayor/Fire Rescue
10. Report of Request for Quotes for Fuel: March 21, 2013; Unleaded; 650 gallons;
Howes Oil ($2, 119.97); Midway Service ($2,152.47); Palisades Oil, no bid. Bid
awarded to Howes Oil.
Sponsor: Mayor/Fire Rescue
11. Report of Request for Quotes for Fuel: March 25, 2013; Unleaded Ethanol; 8,500
gallons; Howes Oil ($3.2005); Harms Oil ($3.2015); CHS, Inc. ($3.2440); Olson
Oil, no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
APPLICATIONS
12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sisters
of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, Falls
Park Drive, for the Cinco de Mayo Fiesta, on May 11, 2013.
Sponsor: Mayor/City Attorney
The following abatements were 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:
13. Patricia Clifford, 633 N. Menlo Avenue., for 2012 property taxes in the amount
of $333.24.
Sponsor: SDCL 10-18-1
14. Lyle Hanson, 4009 E. 36th Street, for 2012 property taxes in the amount of
$581.84.
Sponsor: SDCL 10-18-1
15. Martha Kniep, 1100 N. Elmwood Avenue, for 2012 property taxes in the amount
of $1,182.44.
Sponsor: SDCL 10-18-1
16. Carol Zakrzewski, 3105 E. 23rd Street, for 2012 property taxes in the amount of
$463.04.
Sponsor: SDCL 10-18-1
17. Joyce D. Questad, 921 S. Stephen Avenue, for 2012 property taxes in the amount
of $388.53.
Sponsor: SDCL 10-18-1
18. Donald Kiszer, 1611 S. Campbell Trail, for 2012 property taxes in the amount of
$265.50.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, April 16, 2013 at 7:00 p.m. on Items 19-26:
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Almost
Home Canine Rescue to be operated at the 8th and Railroad Parking Lot, 401
East 8th Street, for the 605 Summer Classic to be held on June 21-22, 2013.
Sponsor: Mayor/City Attorney
20. Special One-Day Liquor License for South Dakota National Guard Enlisted
Association to be operated at Farmer’s Market at Falls Park, 309 East Falls Park
Drive, for the 2013 Enlisted Association of the National Guard of the United
States 42nd Annual Conference welcome event on August 18, 2013.
Sponsor: Mayor/City Attorney
21. Special One-Day Liquor License for South Dakota National Guard Enlisted
Association to be operated at J & L Harley Davidson, 2601 West 60th Street
North, for the 2013 Enlisted Association of the National Guard of the United
States 42nd Annual Conference Awards and Recognition Banquet on August 21,
2013.
Sponsor: Mayor/City Attorney
22. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at
the following locations: 8th & Railroad Center lobby, 401 East 8th Street,
Amanda’s Imagery/Julie Prairie Photography, 311 South Phillips Avenue #201,
Artisan House, 229 South Phillips Avenue, Bead Co., 319 South Phillips Avenue,
Book Shop, 223 South Phillips Avenue, CH Patisserie, 309 South Phillips
Avenue, Chelsea’s Boutique, 321 South Phillips Avenue, Cookie Jar, 230 South
Phillips Avenue, Exposure Sioux Falls, 333 South Phillips Avenue, Great
Outdoor Store, 201 East 10th Street, Lillian’s Shoppe, 311 South Phillips Avenue
#101, NV Salon Studio, 106 West 11th Street, Rehfeld’s Art & Framing, 210
South Phillips Avenue, Rug & Relic, 401 East 8th Street #112/114, Say Anything
Jewelry, 524 North Main Avenue #104, Sticks and Steel, 401 East 8th Street
#118, Young & Richards, 236 South Main Avenue, Zanbroz, 209 South Phillips
Avenue, for First Friday on May 3, 2013.
Sponsor: Mayor/City Attorney
23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated at 8th & Railroad Parking Lot, 401
East 8th Street, for Downtown Block Parties on the East Bank on June 7, July 5,
and August 2, 2013.
Sponsor: Mayor/City Attorney
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls, Inc., to be operated on Phillips Avenue from 9th to 14th
Streets; Main Avenue from 10th to 13th Streets, 13th Street from Main to 1st
Avenue, 12th Street from Main to Phillips Avenues, 11th Street from Dakota to
Mall Avenues, 10th Street from Main to Mall Avenues, Parking Ramp by Main &
12th, Surface lot behind Diner, and Plaza by 12th & Phillips for Hot Summer
Nites on July 17, 2013.
Sponsor: Mayor/City Attorney
25. Special One-day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee
Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church,
506 North Kiwanis Avenue for weddings on May 4 and September 14, 2013.
Sponsor: Mayor/City
26. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to
be operated at The Point is to Serve Church, 506 North Kiwanis Avenue for
weddings on May 25 and September 21, 2013.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to approve the Regular Agenda.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to amend the Regular Agenda by moving Item 28 before Item 27
and moving Item 36 before Item 32.
Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Vote to approve as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue
Aguilar, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
Tim Stanga stated he was impressed with the numbers regarding snow gates presented at
the April 2, 2013 Informational Meeting, talked about trust in City government, and
asked the City to take another look at trimming the trees in Sioux Falls.
PETITIONS
Item 28 was considered at this time. See this item for the action taken.
27. Conditional Use Permit Appeal (2013-02-01): Southwest corner of W. 26th
Street and S. Mary Beth Avenue, Lots 2 & 3, Block 7, Westridge II Addition,
Minnehaha County. The Conditional Use Permit in the RS-2, Residential District
was to allow the construction of twin homes on the subject property. (Approved
at the March 6, 2013 Planning Commission meeting with a vote of 5-yes, 0-no).
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to approve said Conditional Use Permit.
A motion was made by Council Member Dean Karsky and seconded by Council Member
Sue Aguilar to amend said Conditional Use Permit by removing Lot 3 of Block 7.
Vote to approve as amended: Roll Call: Yeses, Kenny Anderson Jr., Greg Jamison, Dean
Karsky, 3. Noes, James Entenman, Michelle Erpenbach, Rex Rolfing, Kermit L.
Staggers, Sue Aguilar, 5.
Motion Failed.
A motion was made by Council Member Dean Karsky and seconded by Council Member
James Entenman to amend said Conditional Use Permit by adding a stipulation requiring
two-stall garages per unit.
Vote to approve as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach,
Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Kenny Anderson Jr.,
Kermit L. Staggers, 2.
Motion Passed.
Vote to approve as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach,
Kermit L. Staggers, Sue Aguilar, 4. Noes, Kenny Anderson Jr., Greg Jamison, Dean
Karsky, Rex Rolfing, 4. Mayor Huether broke the tie by voting “YES.”
Motion Passed.
UNFINISHED BUSINESS
28. Transfer of 2012-2013 Retail Malt Beverage License from Stag LLC, Grand
Casino, 4211 West 12th Street to Isava Inc., Sneaky’s Chicken, 4211 West 12th
Street (full service restaurant; CUP not required).
Sponsor: Mayor/Attorney
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to approve Item 28.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CERTAIN PROVISIONS OF CHAPTER 90 RELATING TO ANIMALS AND
FOWL AND CHAPTER 92, HEALTH AND SANITATION.
Sponsor: City Council
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to adopt said Ordinance No. 16-13.
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to amend Section 90.078: Licensing of Animals and Fowl,
by removing the first sentence in the third paragraph, and replace with the following
sentence: “All applications for license certificates must be accompanied by a written
consent of 100 percent of the owners of all real estate situated within 100 feet of the
applicant’s real estate not including those abutting properties and the appropriate fee.”
A substitute motion was made by Council Member Michelle Erpenbach and seconded by
Council Member James Entenman to amend Section 90.078: Licensing of Animals and
Fowl, by removing the following words from the end of the paragraph, “not including
those abutting properties and the appropriate fee.” The amendment will read: “All
applications for license certificates must be accompanied by a written consent of 100
percent of the owners of all real estate situated within 100 feet of the applicant’s real
estate.”
Vote to approve as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue
Aguilar, 8. Noes, 0.
Motion Passed.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to amend Section 90.001, Definitions, by removing the word “rabbits”
found between the words “cats” and “guinea pigs” within the definition of Pet.
Vote to approve as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue
Aguilar, 8. Noes, 0.
Motion Passed.
A motion was made by Council Member Kermit L. Staggers to amend by deleting all
other references to the terms “rabbit” or “rabbits” in the proposed ordinance. Motion
died for lack of a second.
Vote to adopt as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Dean Karsky, Rex Rolfing, Sue Aguilar, 6. Noes, Greg Jamison,
Kermit L. Staggers, 2.
Motion Passed.
Mayor Huether called for a five-minute recess at 8:52 p.m. The meeting resumed at
8:57 p.m.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 37 TAXATION OF THE ORDINANCE. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member James Entenman to adopt said Ordinance No. 13-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, 7. Noes, 0. Council
Member Kermit L. Staggers passed on the vote and then voted “YES.”
Motion Passed.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 7100 W. SONGBIRD ST. FROM THE RS-2,
RESIDENTIAL DISTRICT TO THE RD-1, RESIDENTIAL DISTRICT,
PETITION NO. 2013-02-03, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 14-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Item 36 was considered at this time. See this item for the action taken.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE NW CORNER OF W. 12TH ST. AND N.
ELLIS RD. FROM THE A-1, AGRICULTURAL DISTRICT TO THE RS-2,
RESIDENTIAL DISTRICT AND RC, RECREATION CONSERVATION
DISTRICT, PETITION NO. 2013-02-06, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Greg Jamison to adopt said Ordinance No. 15-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 9, 2013, at 7:00 p.m. on
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY EXPANDING
CHAPTER 30: CITY COUNCIL, SUBCHAPTER NAMING FACILITIES.
Sponsor: City Council
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, April 9,
2013, at 7:00 p.m. for Item 33.
Vote to set a date of hearing: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue
Aguilar, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
34. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
TEMPORARY APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE
BOARD.
Sponsor: Mayor
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 23-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
RESOLUTION NO. 23-13
A RESOLUTION ADVISING AND GIVING CONSENT TO THE TEMPORARY
APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE BOARD.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following Mayoral appointment:
Name Board Term
Tom Nicholson Civil Service Board Temporary
Date adopted: 4/2/13
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
35. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2013-01-03 - W. 85TH ST. AND S.
MINNESOTA AVE., SOUTHWEST CORNER
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Dean Karsky and seconded by Council Member
Rex Rolfing to adopt said Resolution No. 25-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
RESOLUTION NO. 25-13
ANNEXATION 2013-01-03
W. 85TH ST. AND S. MINNESOTA AVE., SOUTHWEST CORNER
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
when the following occur:
a. The site is not located within a regional watershed; therefore, a post construction
BMP will be required.
b. A traffic signal-controlled intersection at W. 85th St. and S. Audie Ave. will provide
access to the development.
c. W. 85th St. is a two-lane paved limited access arterial street with the other two-lane
improvements not within the current CIP.
(1) The proposed access onto S. Minnesota Ave. does not meet the SD100 access
plan.
d. Gravity sanitary sewer will be extended from the east across S. Minnesota Ave. at the
cost of the developer.
e. The water main is extended from S. Audie Ave. and from across S. Minnesota Ave.
creating a loop system.
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, Lincoln County, and the boundary of the city is hereby
extended to include such territory:
The NE1/4 of the NE1/4 and a portion of the SE1/4 of the NE1/4 of Section 22, T100N,
R50W, 39.17 acres, more or less, including Lot H-1, Lincoln County, South Dakota, to be
platted as Lots 1–8 and Outlot A, Block 1, Springdale Development Addition, containing
39.17 acres, more or less, to the City of Sioux Falls, Lincoln County, South Dakota
And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South
Dakota, a duly certified transcript of this resolution.
Date adopted: 4/2/13
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
36. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE
LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 12-13.
ANNEXATION 2012-12-05—LEGAL DESCRIPTION CORRECTION - W.
12TH ST. AND N. ELLIS RD.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to adopt said Resolution No. 24-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar,
8. Noes, 0.
Motion Passed.
RESOLUTION NO. 24-13
ANNEXATION 2012-12-05—LEGAL DESCRIPTION CORRECTION
W. 12TH ST. AND N. ELLIS RD.
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 12-13.
WHEREAS, on February 19, 2013, the City Council of the City of Sioux Falls adopted
Resolution No. 12-13 to include certain contiguous territory within the corporate limits of the
city of Sioux Falls, South Dakota.
WHEREAS, the annexation map boundaries have been approved by the City Council.
WHEREAS, the legal description as set forth in Resolution No. 12-13 was not accurate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the legal description as set forth in Resolution No. 12-13 hereby is amended to read as
follows:
Tract 1 of Lakeside Addition in the S1/2 of Section 16-101-50; a portion of the SW1/4 of
Section 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: 4/2/13
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)
37. REPORT OF THE MARCH 26, 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 James Entenman to adjourn at 10:01 p.m.
Mayor Huether called for a voice vote. All members present voted yes.
Lorie Hogstad, CMC
City Clerk
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
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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
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THE MEETING MINUTES AND AGENDAS PAGE.
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FIRST SUNDAY AFTER LIVE MEETING.
Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, April 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
● Reed DeVries, Adult Ministry Team Leader for Celebrate Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, March 19, 2013, at 4:00 p.m.
● City Council Meeting of Tuesday, March 19, 2013, at 7:00 p.m.
● Informational Meeting of Tuesday, March 26, 2013, at 4:00 p.m.
● Joint City Council/Minnehaha County Commission Meeting of Tuesday, March 26,
2013, at 5:00 p.m.
COMMUNICATIONS
1. A memorandum dated February 26, 2013, declaring surplus capital items that
were demolished as part of building upgrades.
Sponsor: Mayor/Finance
2. Approval of Contracts/Agreements on the March 28, 2013 memo.
Sponsor: Mayor/Finance
3. Notice of change orders on the March 28, 2013 memo.
Sponsor: Mayor/Finance
4. Statement of Claim for Mechanic's, Miner's, Laborer's or Materialman's Lien on
Public Improvement Project from Sioux City Insulation, Inc. for work and
materials furnished to Rick Plumbing & Heating, Inc. regarding a project at Sioux
Falls City Hall.
Sponsor: SDCL 5-22-3
5. A communication was received from Paulsen Marketing requesting permission to
consume, but not sell, wine and beer at the Sioux Falls Design Center, 108 West
11th Street, on Thursday, April 4th, 2013 from 3:00 p.m. to 5:00 p.m. for the
purpose of an annual meeting.
Sponsor: SDCL 35-1-5.3
6. A communication was received from Jacob Versteeg requesting permission to
consume, but not sell wine, liquor and/or malt beverages at the Old Courthouse
Museum, 200 West Sixth Street, on Friday, June 7, 2013, from 5:00 p.m. to 10:00
p.m. for the purpose of a wedding reception.
Sponsor: SDCL 35-1-5.3
7. A communication was received from John Kehoe and Stacy Howard requesting
permission to consume, but not sell, beer, wine and liquor at the Old Courthouse
Museum 200 West Sixth Street on Saturday, August 24, 2013, from 3:30 p.m. to
11:30 p.m. for the purpose of a wedding reception.
Sponsor: SDCL 35-1-5.3
8. Report of Requests for Quotes for Fuel dated: March 18, 2013; Unleaded Ethanol;
8,500 gallons; Howes Oil ($3.1935); Harms Oil ($3.2161); CHS, Inc. ($3.2460);
and Olson Oil ($3.3200). Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
9. Report of Request for Quotes for Fuel: March 21, 2013; Diesel (#1 and #2 blend);
550 gallons; Howes Oil ($1,891.44); Midway Service ($1,913.45); Palisades Oil,
no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
10. Report of Request for Quotes for Fuel: March 21, 2013; Unleaded; 650 gallons;
Howes Oil ($2,119.97); Midway Service ($2,152.47); Palisades Oil, no bid. Bid
awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
11. Report of Request for Quotes for Fuel: March 25, 2013; Unleaded Ethanol; 8,500
gallons; Howes Oil ($3.2005); Harms Oil ($3.2015); CHS, Inc. ($3.2440); Olson
Oil, no bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
APPLICATIONS
12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sisters
of the Presentation of the Blessed Virgin Mary to be operated at Falls Park, Falls
Park Drive, for the Cinco de Mayo Fiesta, on May 11, 2013.
Sponsor: Mayor/City Attorney
The following abatements were 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. The amounts requested are the differences between the elderly
freeze and the non-elderly freeze:
13. Patricia J. Clifford, 633 N. Menlo Avenue., for 2012 property taxes in the amount
of $333.24.
Sponsor: SDCL 10-18-1
14. Lyle E. Hanson, 4009 E. 36th Street, for 2012 property taxes in the amount of
$581.84.
Sponsor: SDCL 10-18-1
15. Martha A. Kniep, 1100 N. Elmwood Avenue, for 2012 property taxes in the
amount of $1,182.44.
Sponsor: SDCL 10-18-1
16. Carol Zakrzewski, 3105 E. 23rd Street, for 2012 property taxes in the amount of
$463.04.
Sponsor: SDCL 10-18-1
17. Joyce D. Questad, 921 S. Stephen Avenue, for 2012 property taxes in the amount
of $388.53.
Sponsor: SDCL 10-18-1
18. Donald Kiszer, 1611 S. Campbell Trail, for 2012 property taxes in the amount of
$265.50.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, April 16, 2013, at 7:00 p.m. for Items 19 through 26:
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Almost
Home Canine Rescue to be operated at the 8th and Railroad Parking Lot, 401 East
8th Street, for the 605 Summer Classic to be held on June 21-22, 2013.
Sponsor: Mayor/City Attorney
20. Special One-Day Liquor License for South Dakota National Guard Enlisted
Association to be operated at Farmer’s Market at Falls Park, 309 East Falls Park
Drive, for the 2013 Enlisted Association of the National Guard of the United
States 42nd Annual Conference welcome event on August 18, 2013.
Sponsor: Mayor/City Attorney
21. Special One-Day Liquor License for South Dakota National Guard Enlisted
Association to be operated at J & L Harley Davidson, 2601 West 60th Street North,
for the 2013 Enlisted Association of the National Guard of the United States 42nd
Annual Conference Awards and Recognition Banquet on August 21, 2013.
Sponsor: Mayor/City Attorney
22. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at
the following locations: 8th & Railroad Center lobby, 401 East 8th Street,
Amanda’s Imagery/Julie Prairie Photography, 311 South Phillips Avenue #201,
Artisan House, 229 South Phillips Avenue, Bead Co., 319 South Phillips Avenue,
Book Shop, 223 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue,
Chelsea’s Boutique, 321 South Phillips Avenue, Cookie Jar, 230 South Phillips
Avenue, Exposure Sioux Falls, 333 South Phillips Avenue, Great Outdoor Store,
201 East 10th Street, Lillian’s Shoppe, 311 South Phillips Avenue #101, NV Salon
Studio, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South Phillips
Avenue, Rug & Relic, 401 East 8th Street #112/114, Say Anything Jewelry, 524
North Main Avenue #104, Sticks and Steel, 401 East 8th Street #118, Young &
Richards, 236 South Main Avenue, Zanbroz, 209 South Phillips Avenue, for First
Friday on May 3, 2013.
Sponsor: Mayor/City Attorney
23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated at 8th & Railroad Parking Lot, 401 East
8th Street, for Downtown Block Parties on the East Bank on June 7, July 5, and
August 2, 2013.
Sponsor: Mayor/City Attorney
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls, Inc., to be operated on Phillips Avenue from 9th to 14th
Streets; Main Avenue from 10th to 13th Streets, 13th Street from Main to 1st
Avenue, 12th Street from Main to Phillips Avenues, 11th Street from Dakota to
Mall Avenues, 10th Street from Main to Mall Avenues, Parking Ramp by Main &
12th, Surface lot behind Diner, and Plaza by 12th & Phillips for Hot Summer Nites
on July 17, 2013.
Sponsor: Mayor/City Attorney
25. Special One-day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee
Inc., All Occasions by Hy-Vee to be operated at The Point is to Serve Church, 506
North Kiwanis Avenue for weddings on May 4 and September 14, 2013.
Sponsor: Mayor/City Attorney
26. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be
operated at The Point is to Serve Church, 506 North Kiwanis Avenue for
weddings on May 25 and September 21, 2013.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
PETITIONS
27. Conditional Use Permit Appeal (2013-02-01): Southwest corner of W. 26th
Street and S. Mary Beth Avenue, Lots 2 & 3, Block 7, Westridge II Addition,
Minnehaha County. The Conditional Use Permit in the RS-2, Residential District
was to allow the construction of twin homes on the subject property. (Approved at
the March 6, 2013 Planning Commission meeting with a vote of 5-yes, 0-no).
Sponsor: Mayor/Planning and Building Services
UNFINISHED BUSINESS
28. Transfer of 2012-2013 Retail Malt Beverage License from Stag LLC, Grand
Casino, 4211 West 12th Street to Isava Inc., Sneaky’s Chicken, 4211 West 12th
Street (full service restaurant; CUP not required).
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CERTAIN PROVISIONS OF CHAPTER 90 RELATING TO ANIMALS AND
FOWL AND CHAPTER 92, HEALTH AND SANITATION.
Sponsor: City Council
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 37 TAXATION OF THE ORDINANCE. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 7100 W. SONGBIRD ST. FROM THE RS-2,
RESIDENTIAL DISTRICT TO THE RD-1, RESIDENTIAL DISTRICT,
PETITION NO. 2013-02-03, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE NW CORNER OF W. 12TH ST. AND N.
ELLIS RD. FROM THE A-1, AGRICULTURAL DISTRICT TO THE RS-2,
RESIDENTIAL DISTRICT AND RC, RECREATION CONSERVATION
DISTRICT, PETITION NO. 2013-02-06, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
Set a date of hearing and 2nd Reading for Tuesday, April 9, 2013, at 7:00 p.m. for Item
33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY EXPANDING
CHAPTER 30: CITY COUNCIL, SUBCHAPTER NAMING FACILITIES.
Sponsor: City Council
HEARINGS AND RESOLUTIONS
34. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
TEMPORARY APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE
BOARD.
Sponsor: Mayor
35. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2013-01-03 - W. 85TH ST. AND S.
MINNESOTA AVE., SOUTHWEST CORNER.
Sponsor: Mayor/Planning and Building Services
36. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE
LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 12-13.
ANNEXATION 2012-12-05—LEGAL DESCRIPTION CORRECTION - W.
12TH ST. AND N. ELLIS RD.
Sponsor: Mayor/Planning and Building Services
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN
A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX
FALLS CITY CHARTER SECTION 5.07(d)
37. REPORT OF THE MARCH 26, 2013, NOTICE OF TRANSFERS OF
APPROPRIATONS 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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