City Council Meeting
Regular MeetingSioux Falls, SD · April 16, 2013
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, April 16, 2013, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Michelle Erpenbach Council Member James Entenman
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Mayor Mike T. Huether
INVOCATION
Pastor Blaze Johnson, Celebrate Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
National Public Safety Telecommunications Week, April 14-20, 2013
National Library Week, April 14-20, 2013
National Volunteer Week, April 21-27, 2013
Volunteers of America, Dakotas Day, May 2, 2013
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Kenny Anderson Jr. to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, April 9, 2013, at 4:00 p.m.
City Council Meeting of Tuesday, April 9, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on April 12, 2013 memo.
Sponsor: Mayor/Finance
2. Two communications were received from the Children's Home Society stating
their intent to hold two raffles as indicated. Each of these raffles are for general
operating income to support programs and services that CHS provides to over
2,000 children per year. Raffles: selling raffle tickets from May 28 - September
1, 2013, for $100.00 each for the following prizes: 1st Prize is a Prius "C" vehicle
(valued at $20,000.00); 2nd Prize is a Gas Card/Gift Card (valued at $500.00);
and 3rd Prize is $250.00 cash. The second raffle is for a raffle to be held on
August 4, 2013 with the tickets selling for $5.00 each or $50.00 for 12. The
prizes are: A side of beef (valued at $600.00); a Weber grill (valued at $600.00);
or an electronics package (valued at $575.00).
Sponsor: SDCL 22-25-25
3. A communication was received from Family Connection requesting permission to
consume, but not sell, wine and beer at The History Club, 758 S. Phillips Avenue,
on June 27, 2013, 6:30 p.m. to 8:00 p.m. for hosting a "Family and Friends"
event.
Sponsor: SDCL 35-1-5.3
4. A communication was received from Mark and Lisa Johnson requesting
permission to consume, but not sell, beer and wine at the Old Courthouse
Museum, 200 W. 6th Street, on September 5, 2013, from 6:00 p.m. to 9:00 p.m.
for a wedding rehearsal dinner.
Sponsor: SDCL 35-1-5.3
5. Report of Requests for Quotes for Fuel dated: April 9, 2013; Diesel (#1 and #2
blend); 1,300 gallons; Howes Oil (44,467.13); Midway Service (44,499.96);
Palisades Oil, No bid. Bid awarded to: Howes Oil
Sponsor: Mayor/Fire Rescue
6. Report of Requests for Quotes for Fuel dated: April 9, 2013; Unleaded; 400
gallons; Howes Oil ($1,242.00); Midway Service ($1,256.20); Palisades Oil, no
bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
7. Report of Request for Quotes for Fuel: April 9, 2013; 50/50 Dyed Diesel; 1,400
gallons; Midway Service ($3.355); Howes Oil ($3.569); and Midwest Oil
($3.529). Bid awarded to: Midway Service.
Sponsor: Mayor/Public Works
APPLICATIONS
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:
8. Mt. Pleasant Cemetery, 2001 E. 12th Street, for 2012 property taxes in the
amount of $431.18. This property is exempt from the tax.
Items 9-10: The amount requested is the difference between the elderly freeze and
the non-elderly freeze:
9. Joanne C. Kaskie, 2504 S. Western Avenue, for 2012 property taxes in the
amount of $499.74.
Sponsor: SDCL 10-18-1
10. Mardell L. Ferguson, 1811 E. 14th Street, for 2012 property taxes in the amount
of $829.27.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, May 7, 2013, at 7:00 p.m. for Items 11 through 17:
11. New 2013 Retail Wine License for Empire Casino Inc., Empire Casino, to be
operated at 3908 West 41st Street (CUP not required; addition to existing license
which predates the ordinance).
Sponsor: Mayor/City Attorney
12. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop
#118 to be operated at 4600 West 41st Street.
Sponsor: Mayor/City Attorney
13. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop
#120 to be operated at 3312 South Western Avenue.
Sponsor: Mayor/City Attorney
14. New 2012-13 Retail Malt Beverage License for Addabella Restaurants LLC,
Kaladi’s Coffee Legend & Bistro to be operated at 1716 South Minnesota Avenue
with the Conditional Use Permit (2013-03-18) being approved on April 3, 2013.
Sponsor: Mayor/City Attorney
15. New 2013 Retail Wine License for Addabella Restaurants LLC, Kaladi’s Coffee
Legend & Bistro to be operated at 1716 South Minnesota Avenue with the
Conditional Use Permit (2013-03-18) being approved on April 3, 2013.
Sponsor: Mayor/City Attorney
16. New 2012-13 Retail Malt Beverage License for PPC Sioux Falls, Noodles &
Company to be operated at 5005 South Louise Avenue (CUP not required; full
service restaurant).
Sponsor: Mayor/City Attorney
17. New 2013 Retail Wine License for PPC Sioux Falls, Noodles & Company to be
operated at 5005 South Louise Avenue (CUP not required; full service
restaurant).
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 Rex Rolfing to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Ron Sauby spoke regarding the ban on smoking in the parks. He also complimented the
city on the quick and proactive responses to the recent storm events.
Theresa Stehly stated the city has shown great compassion in reaching out to the people
in handling the results of the storm this past week. Stehly also reviewed a flyer entitled
"Who To Contact to report violations or concerns" that was mailed with the utility
billings last week.
UNFINISHED BUSINESS
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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
24. 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
25. 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
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to withdraw Item 20.
Vote to withdraw: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Sue Aguilar to approve Items 18-19 and Items 21-25.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING CHAPTERS 50 AND 52 OF THE CODE OF ORDINANCES OF
THE CITY REGARDING REGULATION OF NONESSENTIAL USES OF
WATER.
Sponsor: Mayor/Public Works
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to adopt said Ordinance No. 23-13.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Sue Aguilar, Kenny Anderson Jr., 6. Noes, Kermit L. Staggers, 1.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS;
RETIREMENT AND PENSIONS.
Sponsor: Mayor/Human Resources
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, May 7, 2013, at 7:00
p.m.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion None.
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 41ST ST. AND S. FAITH AVE. FROM THE
RD, RESIDENTIAL DISTRICT TO THE RD-2, RESIDENTIAL DISTRICT,
PETITION NO. 2013-03-03, 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 Michelle Erpenbach and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013,
at 7:00 p.m.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 69TH ST. AND FUTURE S. BAHNSON AVE.
FROM THE RS-2, RESIDENTIAL DISTRICT TO THE O, OFFICE DISTRICT,
PETITION NO. 2013-03-01, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00
p.m.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1521 E. 5TH ST. AND 511 N. HIGHLAND AVE.
FROM THE RD, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL
DISTRICT, PETITION NO. 2013-03-12, 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 Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 7,
2013, at 7:00 p.m.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 600 S. MAIN AVE. FROM THE C-2, GENERAL
COMMERCIAL, AND RA-1, RESIDENTIAL DISTRICT TO THE O, OFFICE
DISTRICT, PETITION NO. 2013-03-14, 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 Rex Rolfing and seconded by Council Member
Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00
p.m.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky,
Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
32. DEFERRED (from the City Council Meeting of Tuesday, April 9, 2013): A
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE
OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ.
Sponsor: Mayor/Parks and Recreation
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to adopt said Resolution No. 27-13.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 27-13
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK
CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ.
WHEREAS, the City of Sioux Falls (the “City”) and the Mikrho Management LLC (the
“Management”) find that it is in the best interest of the people of the city of Sioux Falls,
the Management, and the Overlook Café that it enter into an agreement between the City
and Management, whereby the Management will operate and manage the Overlook Café;
and
WHEREAS, the Management is best qualified to manage the operation of the Overlook
Café; and
WHEREAS, the Management and the City find that it is in both parties’ best interest that
an approximately five-year agreement be now executed and subsequently entered into;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and part of this resolution entitled “Management
Agreement for the Overlook Café,” being a five-year agreement for the Management to
manage the Overlook Café, is hereby approved.
That the Mayor is authorized to sign such agreement after it is ratified and executed by
the Management.
Date adopted: 04/16/13
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF REJOICE LUTHERAN CHURCH ADDITION.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to adopt said Resolution No. 28-13.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 28-13
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF REJOICE LUTHERAN CHURCH ADDITION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of Rejoice Lutheran Church Addition to the City of Sioux Falls,
Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is
hereby directed to endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 04/16/13
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2013-03-06—W. 41ST ST. BETWEEN S.
KLEIN AVE. AND S. ELLIS RD.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Dean Karsky and seconded by Council Member
Kenny Anderson Jr. to adopt said Resolution No. 29-13.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 29-13
ANNEXATION 2013-03-06—W. 41ST ST. BETWEEN S. KLEIN AVE. AND S. 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.
a. The proposed storm water detention pond will not require sewer or water.
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:
Lots 2, 3, 4, 5, and 6, Block 1 of Klein’s Subdivision of the N1/2 of the NW1/4 of Section
34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota,
according to the filed plat, thereof
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: 04/16/13
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
35. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Sue Aguilar to adopt said Resolution No. 30-13.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 30-13
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 Board of Health Appointed for a term from April 2013
to April 2016 (to replace Mike Hurley).
Arlene Olson Board of Health/Falls Appointed for a term from April 2013
Community Health Center to April 2016 (to replace Gwendolyn
Governing Board Martin-Fletcher).
Nancy Korkow Solid Waste Planning Board Reappointed for a term from April 2013
to April 2016.
ADJOURNMENT
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adjourn the meeting at 8:30 p.m.
Mayor Huether called for a voice vote. All members present voted yes. Motion Passed.
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
MEETING OF Tuesday, April 16, 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
● Pastor Blaze Johnson, Celebrate Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● National Public Safety Telecommunications Week, April 14-20, 2013
● National Library Week, April 14-20, 2013
● National Volunteer Week, April 21-27, 2013
● Volunteers of America, Dakotas Day, May 2, 2013
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, April 9, 2013, at 4:00 p.m.
● City Council Meeting of Tuesday, April 9, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on April 12, 2013 memo.
Sponsor: Mayor/Finance
2. Two communications were received from the Children's Home Society stating
their intent to hold two raffles as indicated. Each of these raffles are for general
operating income to support programs and services that CHS provides to over
2,000 children per year. Raffles: selling raffle tickets from May 28 - September 1,
2013, for $100.00 each for the following prizes: 1st Prize is a Prius "C" vehicle
(valued at $20,000.00); 2nd Prize is a Gas Card/Gift Card (valued at $500.00); and
3rd Prize is $250.00 cash. The second raffle is for a raffle to be held on August 4,
2013 with the tickets selling for $5.00 each or $50.00 for 12. The prizes are: A
side of beef (valued at $600.00); a Weber grill (valued at $600.00); or an
electronics package (valued at $575.00).
Sponsor: SDCL 22-25-25
3. A communication was received from Family Connection requesting permission to
consume, but not sell, wine and beer at The History Club, 758 S. Phillips Avenue,
on June 27, 2013, 6:30 p.m. to 8:00 p.m. for hosting a "Family and Friends"
event.
Sponsor: SDCL 35-1-5.3
4. A communication was received from Mark and Lisa Johnson requesting
permission to consume, but not sell, beer and wine at the Old Courthouse
Museum, 200 W. 6th Street, on September 5, 2013, from 6:00 p.m. to 9:00 p.m.
for a wedding rehearsal dinner.
Sponsor: SDCL 35-1-5.3
5. Report of Requests for Quotes for Fuel dated: April 9, 2013; Diesel (#1 and #2
blend); 1,300 gallons; Howes Oil (44,467.13); Midway Service (44,499.96);
Palisades Oil, No bid. Bid awarded to: Howes Oil
Sponsor: Mayor/Fire Rescue
6. Report of Requests for Quotes for Fuel dated: April 9, 2013; Unleaded; 400
gallons; Howes Oil ($1,242.00); Midway Service ($1,256.20); Palisades Oil, no
bid. Bid awarded to: Howes Oil.
Sponsor: Mayor/Fire Rescue
7. Report of Request for Quotes for Fuel: April 9, 2013; 50/50 Dyed Diesel; 1,400
gallons; Midway Service ($3.355); Howes Oil ($3.569); and Midwest Oil
($3.529). Bid awarded to: Midway Service.
Sponsor: Mayor/Public Works
APPLICATIONS
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:
8. Mt. Pleasant Cemetery, 2001 E. 12th Street, for 2012 property taxes in the
amount of $431.18. This property is exempt from the tax.
Sponsor: SDCL 10-18-1
Items 9-10: The amount requested is the difference between the elderly
freeze and the non-elderly freeze:
9. Joanne C. Kaskie, 2504 S. Western Avenue, for 2012 property taxes in the
amount of $499.74. Elderly Freeze.
Sponsor: SDCL 10-18-1
10. Mardell L. Ferguson, 1811 E. 14th Street, for 2012 property taxes in the amount of
$829.27. Elderly Freeze.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, May 7, 2013, at 7:00 p.m. for Items 11 through 17:
11. New 2013 Retail Wine License for Empire Casino Inc., Empire Casino, to be
operated at 3908 West 41st Street (CUP not required; addition to existing license
which predates the ordinance).
Sponsor: Mayor/City Attorney
12. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop #118
to be operated at 4600 West 41st Street.
Sponsor: Mayor/City Attorney
13. New 2013 Package Liquor License for I-90 Fuel Services Inc., The Gas Stop #120
to be operated at 3312 South Western Avenue.
Sponsor: Mayor/City Attorney
14. New 2012-13 Retail Malt Beverage License for Addabella Restaurants LLC,
Kaladi’s Coffee Legend & Bistro to be operated at 1716 South Minnesota Avenue
with the Conditional Use Permit (2013-03-18) being approved on April 3, 2013.
Sponsor: Mayor/City Attorney
15. New 2013 Retail Wine License for Addabella Restaurants LLC, Kaladi’s Coffee
Legend & Bistro to be operated at 1716 South Minnesota Avenue with the
Conditional Use Permit (2013-03-18) being approved on April 3, 2013.
Sponsor: Mayor/City Attorney
16. New 2012-13 Retail Malt Beverage License for PPC Sioux Falls, Noodles &
Company to be operated at 5005 South Louise Avenue (CUP not required; full
service restaurant).
Sponsor: Mayor/City Attorney
17. New 2013 Retail Wine License for PPC Sioux Falls, Noodles & Company to be
operated at 5005 South Louise Avenue (CUP not required; full service restaurant).
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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
24. 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
25. 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
INTRODUCTION AND ADOPTION OF ORDINANCES
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING CHAPTERS 50 AND 52 OF THE CODE OF ORDINANCES OF
THE CITY REGARDING REGULATION OF NONESSENTIAL USES OF
WATER.
Sponsor: Mayor/Public Works
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS;
RETIREMENT AND PENSIONS.
Sponsor: Mayor/Human Resources
Set a date of hearing and 2nd Reading for Tuesday, May 7, 2013, at 7:00 p.m. for Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 41ST ST. AND S. FAITH AVE. FROM THE
RD, RESIDENTIAL DISTRICT TO THE RD-2, RESIDENTIAL DISTRICT,
PETITION NO. 2013-03-03, 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, May 7, 2013, at 7:00 p.m. for Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 69TH ST. AND FUTURE S. BAHNSON AVE.
FROM THE RS-2, RESIDENTIAL DISTRICT TO THE O, OFFICE DISTRICT,
PETITION NO. 2013-03-01, 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, May 7, 2013, at 7:00 p.m. for Item
30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1521 E. 5TH ST. AND 511 N. HIGHLAND AVE.
FROM THE RD, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL
DISTRICT, PETITION NO. 2013-03-12, 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, May 7, 2013, at 7:00 p.m. for Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 600 S. MAIN AVE. FROM THE C-2, GENERAL
COMMERCIAL, AND RA-1, RESIDENTIAL DISTRICT TO THE O, OFFICE
DISTRICT, PETITION NO. 2013-03-14, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
HEARINGS AND RESOLUTIONS
32. DEFERRED (from the City Council Meeting of Tuesday, April 9, 2013): A
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE
OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ.
Sponsor: Mayor/Parks and Recreation
33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF REJOICE LUTHERAN CHURCH ADDITION.
Sponsor: Mayor/Planning and Building Services
34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 2013-03-06—W. 41ST ST. BETWEEN S.
KLEIN AVE. AND S. ELLIS RD.
Sponsor: Mayor/Planning and Building Services
35. 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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