City Council Meeting
Regular MeetingSioux Falls, SD · June 18, 2013
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, June 18, 2013, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Kenny Anderson Jr. Council Member Rex Rolfing
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Kermit L. Staggers
Council Member Sue Aguilar
Mayor Mike T. Huether
INVOCATION
Monte Gannon, Campus Pastor, Celebrate Community Church’s Meadows Campus
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Sue Aguilar and seconded by Council Member
James Entenman to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, June 11, 2013, at 4:00 p.m.
City Council Meeting of Tuesday, June 11, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on June 14, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on June 14, 2013 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: June 7, 2013; Unleaded Ethanol & E85;
7000 Gallons Unleaded/1000 Gallons E85 (8000 total); Harms Oil ($3.2624
Unleaded/$2.9731 E85); Howes Oil, CHS Inc., and Olson Oil, no bids. Bid
awarded to: Harms Oil.
Sponsor: Mayor/Public Works
4. Report of Request for Quotes for Fuel: June 10, 2013; #2 Dyed Diesel; 1000
Gallons; Midway Service ($3.190); Howes Oil ($3.169); Midwest Oil ($3.279).
Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
5. A memorandum dated June 10, 2013 declaring surplus a capital item that will be
traded in for another asset.
Sponsor: Mayor/Finance
6. A memorandum dated June 11, 2013 declaring surplus capital items that will be
sold by sealed bids.
Sponsor: Mayor/Finance
7. A memorandum dated June 11, 2013 declaring surplus capital items that will be
sold via online auction.
Sponsor: Mayor/Finance
8. A communication was received from Lisa Cummings, Executive Director of the
Paralyzed Veterans of America, North Central Chapter, stating their intent to
conduct a raffle from July 18, 2013 to September 10, 2013 for a Henry Golden
Boy Mag 22 valued at $550.00. Tickets will be sold at one for $10.00 or three for
$20.00. The proceeds will go to help support the Annual PVA Trapshoot held in
September 2013.
Sponsor: SDCL 22-25-25
9. A communication was received from Vance Blankers and Ellen Pugleasa
requesting permission to consume, but not sell, wine at The Old Courthouse
Museum, 200 West Sixth Street, on July 20, 2013, from 5:00 p.m. to 11:00 p.m.
for a wedding ceremony and reception.
Sponsor: SDCL 35-1-5.3
APPLICATIONS
10. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for
various special events on June 22, July 5, July 19, and July 27, 2013.
Sponsor: Mayor/City Attorney
11. Special One-Day 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 Great
Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a wedding on
August 3, 2013.
Sponsor: Mayor/City Attorney
12. Various Retail Malt Beverage License renewals for 2013-14 to be operated at
various locations in the City of Sioux Falls, SD, identified as Exhibit D.
Sponsor: Mayor/City Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, July 2, 2013 at 7:00 p.m. on Items 13 through 19:
13. Renewal of 2013-14 Package Malt Beverage License for OFS Benson Road,
LLC, Pump N Pak to be operated at 3700 Potsdam Avenue, Suite 100.
Sponsor: Mayor/City Attorney
14. New 2013-14 Retail Malt Beverage License for Commonwealth Gaming &
Holding, Deuces V, to be operated at 4205 South Racket Drive, including video
lottery terminals, with the Conditional Use Permit (2013-05-06) being approved
on June 5, 2013.
Sponsor: Mayor/City Attorney
15. New 2013 Retail Wine License for Commonwealth Gaming & Holding, Deuces
V, to be operated at 4205 South Racket Drive, including video lottery terminals,
with the Conditional Use Permit (2013-05-06) being approved on June 5, 2013.
Sponsor: Mayor/City Attorney
16. New 2013-14 Retail Malt Beverage License for Crystal Investment Corp, Black
Diamond Casino II, to be operated at 5113 West 41st Street, including video
lottery terminals, with the Conditional Use Permit (2013-05-07) being approved
on June 5, 2013.
Sponsor: Mayor/City Attorney
17. New 2013 Retail Wine License for Crystal Investment Corp, Black Diamond
Casino II, to be operated at 5113 West 41st Street, including video lottery
terminals, with the Conditional Use Permit (2013-05-07) being approved on June
5, 2013.
Sponsor: Mayor/City Attorney
18. New 2013-14 Retail Malt Beverage License for Mikrho Management, Falls
Overlook Café to be operated at 825 North Weber Avenue.
Sponsor: Mayor/City Attorney
19. New 2013 Retail Wine License for Mikrho Management, Falls Overlook Café to
be operated at 825 North Weber Avenue.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Emmett Reistroffer spoke on the Cliff Avenue Beautification Project and the negative
impact that the proposed Wal-Mart will have on our community.
Tim Stanga addressed his concerns regarding budgeting an indoor swimming pool and
asked who would be using the facility.
Scott Ehrisman said that the first speaker, Emmett Reistroffer, could not pull up his
website as blogs are blocked at the Carnegie Town Hall and he thought this had been
resolved. He also spoke on representational government as it relates to the proposed
Wal-Mart.
UNFINISHED BUSINESS
20. Deferred Action (from the City Council Meetings of June 4 and June 18, 2013).
Transfer of 2013 Package Liquor License from Lambo’s Inc., Lambo’s to Everest
Gas and Convenience, LLC, Everest Gas and Convenience, LLC, to be operated
at 3501 West 49th Street (CUP not required).
Sponsor: Mayor/City Attorney
A motion was made by Council Member Greg Jamison and seconded by Council
Member Sue Aguilar to defer action on Item 20 to Tuesday, July 2, 2013 at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
21. New 2013 Retail Wine License for Jerry Vanloh, Jacky’s Restaurant & Bakery to
be operated at 702 East 8th Street with the Conditional Use Permit (2006-02-02)
being approved on April 13, 2006.
Sponsor: Mayor/City Attorney
22. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2013-14 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit E.
Sponsor: Mayor/City Attorney
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to approve Items 21 and 22.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
THE BOARD OF HEALTH.
Sponsor: Mayor/Health
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance No. 34-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CERTAIN PROVISIONS OF CHAPTERS 50, 51, AND 53 RELATING TO
WASTEWATER REGIONALIZATION.
Sponsor: Mayor/Public Works
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Kenny Anderson Jr. to adopt said Ordinance No. 35-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE SALE OF REAL ESTATE BELONGING TO THE CITY
OF SIOUX FALLS AND DIRECTING A WARRANTY DEED OF
CONVEYANCE BE DELIVERED TO THE PURCHASER THEREOF.
Sponsor: Mayor/Public Works
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to adopt said Ordinance No. 36-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Street -$7,288,000.00;
Parks and Recreation -$613,000.00; Fire - $80,000.00; Engineering - $48,000.00;
Police - $9,000.00)
Sponsor: Mayor/Finance
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 37-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1-229 AND E. BENSON RD. FROM THE AG,
AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2013-04-06 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 James Entenman and seconded by Council
Member Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013
at 7:00 p.m. on Item 27.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 69TH ST. AND S. BAHNSON AVE. FROM
THE S, INSTITUTIONAL, RA-1, RESIDENTIAL AND RC,
RECREATION/CONSERVATION DISTRICT TO THE RS-2, RESIDENTIAL,
RD, RESIDENTIAL, RA-1, RESIDENTIAL AND RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-11
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Sue Aguilar and seconded by Council Member
Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00
p.m. on Item 28.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT E. 69TH ST. AND S. BAHNSON AVE. FROM
THE AG, AGRICULTURAL DISTRICT TO THE RS-2, RESIDENTIAL, RD,
RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT,
PETITION NO. 2013-05-12 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 James Entenman to set a date of hearing and 2nd Reading for Tuesday, July 2,
2013 at 7:00 p.m. on Item 29.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 409 S. WILLIAMS AVE. FROM THE RA-1,
RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL
DISTRICT, PETITION NO. 2013-05-15 AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Tuesday, July
2, 2013 at 7:00 p.m. on Item 30.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. TEEM DR. AND N. TERIN CIR. FROM THE
RC, RECREATION/CONSERVATION DISTRICT TO THE I-1, LIGHT
INDUSTRIAL DISTRICT, PETITION NO. 2013-05-33 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 Dean Karsky and seconded by Council Member
James Entenman to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at
7:00 p.m. on Item 31.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE NW CORNER OF THE INTERSECTION
AT W. 85TH ST. AND S. AUDIE AVE. FROM THE RD, RESIDENTIAL
DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-
05-34 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 Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013
at 7:00 p.m. on Item 32.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at 7:00 p.m. on Item
33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SW CORNER OF E. 85TH ST. AND S.
MINNESOTA AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE
C-4, PLANNED COMMERCIAL, O, OFFICE, AND RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-36
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 Dean Karsky and seconded by Council Member
James Entenman to set a date of hearing and 2nd Reading for Tuesday, July 2, 2013 at
7:00 p.m. on Item 33.
A motion to amend was made by Council Member Kermit L. Staggers and seconded by
Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for
Tuesday, July 16, 2013 at 7:00 p.m. on Item 33.
Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Greg Jamison,
Kermit L. Staggers, Sue Aguilar, 5. Noes, Michelle Erpenbach, Dean Karsky. 2.
Motion Passed.
A motion to amend was made by Council Member Michelle Erpenbach and seconded by
Council Member Sue Aguilar to set a date of hearing and 2nd Reading for Tuesday,
August 6, 2013 at 7:00 p.m. on Item 33.
Vote to amend: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky Kermit L. Staggers, Sue Aguilar, 7. Noes,. 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7.
Noes, 0.
Motion Passed.
34. 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-2, RESIDENTIAL
DISTRICT, PETITION NO. 2013-05-09 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 Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, July
2, 2013 at 7:00 p.m. on Item 34.
Vote to set a date: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
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 James Entenman and seconded by Council
Member Dean Karsky to adopt said Resolution No. 45-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 45-13
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
Allison Dvorak Building Board of Appeals Appointed for a term from June 2013
to June 2016 (to replace Daryl
Christensen).
Darrell Bren Electrical Board of Appeals Reappointed for a term from June 2013
and Examiners to June 2016.
Mike Fischer Electrical Board of Appeals Reappointed for a term from June 2013
and Examiners to June 2016.
Shannon Globke Electrical Board of Appeals Reappointed for a term from June 2013
and Examiners to June 2016.
Mark Schmidtbauer Mechanical Board of Appeals Appointed for a term from June 2013
and Examiners to June 2016 (to replace Jack Zimmel).
Ryan VanDerBill Mechanical Board of Appeals Reappointed for a term from June 2013
and Examiners to June 2015.
Mark Weber Mechanical Board of Appeals Reappointed for a term from June 2013
and Examiners to June 2015.
Sean Ervin Planning Commission Appointed for a term from June 2013
to June 2018 (to replace Meredith
Larson).
Larry Luetke Planning Commission Appointed for a term from June 2013
to June 2018 (to replace Darla Erb).
Travis Hartland Plumbing Board of Appeals Appointed for a term from June 2013
and Examiners to June 2016 (to replace Myron
Adam).
Paul Rensch Plumbing Board of Appeals Appointed for a term from June 2013
and Examiners to June 2016 (to replace Mark
Engebretson).
Paul Flogstad Property Maintenance Board Reappointed for a term from June 2013
of Appeals to June 2016.
Wayne Kerslake Property Maintenance Board Reappointed for a term from June 2013
of Appeals to June 2016.
Minnie Bell Public Transit Advisory Board Appointed for a term from June 2013
to June 2016 (to replace James
Madsen).
Phillip Jacobson Public Transit Advisory Board Appointed for a term from June 2013
to June 2016 (to replace Julie Johnson-
Dresbach).
Greg Johnson Public Transit Advisory Board Reappointed for a term from June 2013
to June 2016.
Ross Wheeler Regional Emergency Medical Appointed for a term from June 2013
Services Authority (REMSA) to June 2015 (to replace Phyllis
Heineman).
Aaron Norman Zoning Board of Adjustment Appointed for a term from June 2013
to June 2016 (to replace
John Kolander).
Date adopted: 06/18/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
36. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE
CITY OF SIOUX FALLS, SD.
Sponsor: City Council
A motion was made by Council Member James Entenman and seconded by Council
Member Kenny Anderson Jr. to adopt said Resolution No. 46-13.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Kermit L. Staggers, Sue Aguilar, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 46-13
A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF
SIOUX FALLS, SD.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Pursuant to SDCL 9-12-6, the official newspaper for the City of Sioux Falls, SD, shall be the
Argus Leader, for a period from July 3, 2013, through July 1, 2014.
This Resolution is effective upon the date of publication.
Date adopted: 06/18/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
ADJOURNMENT
A motion was made by Council Member Dean Karsky and seconded by Council Member
James Entenman to adjourn the meeting at 8:43 p.m.
.
Mayor Mike Huether called for a voice vote. All members present voted yes.
Motion Passed.
Lorie Hogstad, CMC
City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, June 18, 2013 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
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
Council Member Sue Aguilar
Mayor Mike T. Huether
INVOCATION
● Monte Gannon, Campus Pastor, Celebrate Community Church’s Meadows Campus
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, June 11, 2013, at 4:00 p.m.
● City Council Meeting of Tuesday, June 11, 2013, at 7:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on June 14, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on June 14, 2013 memo.
Sponsor: Mayor/Finance
3. Report of Request for Quotes for Fuel: June 7, 2013; Unleaded Ethanol & E85;
7000 Gallons Unleaded/1000 Gallons E85 (8000 total); Harms Oil ($3.2624
Unleaded/$2.9731 E85); Howes Oil, CHS Inc., and Olson Oil, no bids. Bid
awarded to: Harms Oil.
Sponsor: Mayor/Public Works
4. Report of Request for Quotes for Fuel: June 10, 2013; #2 Dyed Diesel; 1000
Gallons; Midway Service ($3.190); Howes Oil ($3.169); Midwest Oil ($3.279).
Bid awarded to: Howes Oil.
Sponsor: Mayor/Public Works
5. A memorandum dated June 10, 2013 declaring surplus a capital item that will be
traded in for another asset.
Sponsor: Mayor/Finance
6. A memorandum dated June 11, 2013 declaring surplus capital items that will be
sold by sealed bids.
Sponsor: Mayor/Finance
7. A memorandum dated June 11, 2013 declaring surplus capital items that will be
sold via online auction.
Sponsor: Mayor/Finance
8. A communication was received from Lisa Cummings, Executive Director of the
Paralyzed Veterans of America, North Central Chapter, stating their intent to
conduct a raffle from July 18, 2013 to September 10, 2013 for a Henry Golden
Boy Mag 22 valued at $550.00. Tickets will be sold at one for $10.00 or three for
$20.00. The proceeds will go to help support the Annual PVA Trapshoot held in
September 2013.
Sponsor: SDCL 22-25-25
9. A communication was received from Vance Blankers and Ellen Pugleasa
requesting permission to consume, but not sell, wine at The Old Courthouse
Museum, 200 West Sixth Street, on July 20, 2013, from 5:00 p.m. to 11:00 p.m.
for a wedding ceremony and reception.
Sponsor: SDCL 35-1-5.3
APPLICATIONS
10. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for various
special events on June 22, July 5, July 19, and July 27, 2013.
Sponsor: Mayor/City Attorney
11. Special One-Day 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 Great
Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a wedding on
August 3, 2013.
Sponsor: Mayor/City Attorney
12. Various Retail Malt Beverage License renewals for 2013-14 to be operated at
various locations in the City of Sioux Falls, SD, identified as Exhibit D.
Sponsor: Mayor/City Attorney
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, July 2, 2013 at 7:00 p.m. on Items 13 through 19:
13. Renewal of 2013-14 Package Malt Beverage License for OFS Benson Road, LLC,
Pump N Pak to be operated at 3700 Potsdam Avenue, Suite 100.
Sponsor: Mayor/City Attorney
14. New 2013-14 Retail Malt Beverage License for Commonwealth Gaming &
Holding, Deuces V, to be operated at 4205 South Racket Drive, including video
lottery terminals, with the Conditional Use Permit (2013-05-06) being approved
on June 5, 2013.
Sponsor: Mayor/City Attorney
15. New 2013 Retail Wine License for Commonwealth Gaming & Holding, Deuces
V, to be operated at 4205 South Racket Drive, including video lottery terminals,
with the Conditional Use Permit (2013-05-06) being approved on June 5, 2013.
Sponsor: Mayor/City Attorney
16. New 2013-14 Retail Malt Beverage License for Crystal Investment Corp, Black
Diamond Casino II, to be operated at 5113 West 41st Street, including video
lottery terminals, with the Conditional Use Permit (2013-05-07) being approved
on June 5, 2013.
Sponsor: Mayor/City Attorney
17. New 2013 Retail Wine License for Crystal Investment Corp, Black Diamond
Casino II, to be operated at 5113 West 41st Street, including video lottery
terminals, with the Conditional Use Permit (2013-05-07) being approved on June
5, 2013.
Sponsor: Mayor/City Attorney
18. New 2013-14 Retail Malt Beverage License for Mikrho Management, Falls
Overlook Café to be operated at 825 North Weber Avenue.
Sponsor: Mayor/City Attorney
19. New 2013 Retail Wine License for Mikrho Management, Falls Overlook Café to
be operated at 825 North Weber Avenue.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
20. Deferred Action (from the City Council Meeting of June 4, 2013): Transfer of
2013 Package Liquor License from Lambo’s Inc., Lambo’s to Everest Gas and
Convenience, LLC, Everest Gas and Convenience, LLC, to be operated at 3501
West 49th Street (CUP not required).
Sponsor: Mayor/City Attorney
21. New 2013 Retail Wine License for Jerry Vanloh, Jacky’s Restaurant & Bakery to
be operated at 702 East 8th Street with the Conditional Use Permit (2006-02-02)
being approved on April 13, 2006.
Sponsor: Mayor/City Attorney
22. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2013-14 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit E.
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
THE BOARD OF HEALTH.
Sponsor: Mayor/Health
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CERTAIN PROVISIONS OF CHAPTERS 50, 51, AND 53 RELATING TO
WASTEWATER REGIONALIZATION.
Sponsor: Mayor/Public Works
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE SALE OF REAL ESTATE BELONGING TO THE CITY
OF SIOUX FALLS AND DIRECTING A WARRANTY DEED OF
CONVEYANCE BE DELIVERED TO THE PURCHASER THEREOF.
Sponsor: Mayor/Public Works
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Street -$7,288,000.00;
Parks and Recreation -$613,000.00; Fire - $80,000.00; Engineering - $48,000.00;
Police - $9,000.00)
Sponsor: Mayor/Finance
Set a date of hearing and 2nd Reading for Tuesday, July 2, 2013, at 7:00 p.m. for
Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1-229 AND E. BENSON RD. FROM THE AG,
AGRICULTURAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2013-04-06 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, July 2, 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. 69TH ST. AND S. BAHNSON AVE. FROM
THE S, INSTITUTIONAL, RA-1, RESIDENTIAL AND RC,
RECREATION/CONSERVATION DISTRICT TO THE RS-2, RESIDENTIAL,
RD, RESIDENTIAL, RA-1, RESIDENTIAL AND RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-11
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, July 2, 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 S. BAHNSON AVE. FROM
THE AG, AGRICULTURAL DISTRICT TO THE RS-2, RESIDENTIAL, RD,
RESIDENTIAL AND RC, RECREATION/CONSERVATION DISTRICT,
PETITION NO. 2013-05-12 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, July 2, 2013, at 7:00 p.m. for
Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 409 S. WILLIAMS AVE. FROM THE RA-1,
RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL
DISTRICT, PETITION NO. 2013-05-15 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, July 2, 2013, at 7:00 p.m. for
Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT W. TEEM DR. AND N. TERIN CIR. FROM THE
RC, RECREATION/CONSERVATION DISTRICT TO THE I-1, LIGHT
INDUSTRIAL DISTRICT, PETITION NO. 2013-05-33 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, July 2, 2013, at 7:00 p.m. for
Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE NW CORNER OF THE INTERSECTION AT
W. 85TH ST. AND S. AUDIE AVE. FROM THE RD, RESIDENTIAL
DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2013-05-
34 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, July 2, 2013, at 7:00 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SW CORNER OF E. 85TH ST. AND S.
MINNESOTA AVE. FROM THE AG, AGRICULTURAL DISTRICT TO THE
C-4, PLANNED COMMERCIAL, O, OFFICE, AND RC,
RECREATION/CONSERVATION DISTRICT, PETITION NO. 2013-05-36
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, July 2, 2013, at 7:00 p.m. for
Item 34:
34. 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-2, RESIDENTIAL
DISTRICT, PETITION NO. 2013-05-09 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
35. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
36. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE
CITY OF SIOUX FALLS, SD.
Sponsor: City Council
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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