City Council Meeting
Regular MeetingSioux Falls, SD · September 3, 2013
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, September 3, 2013, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Sue Aguilar
Council Member Kenny Anderson Jr.
Council Member James Entenman
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Mayor Mike T. Huether
INVOCATION
Pastor Wayne Doiron, The Ransom Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Suicide Prevention Week in Sioux Falls, September 8-14, 2013
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member James Entenman and seconded by Council
Member Dean Karsky to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
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MINUTES
Budget Hearing Meeting of Tuesday, August 20, 2013, at 4:00 p.m.
City Council Meeting of Tuesday, August 20, 2013, at 7:00 p.m.
Informational Meeting of Tuesday, August 27, 2013, at 4:00 p.m.
Joint City Council/Minnehaha County Commission Meeting of Tuesday, August 27,
2013, at 5:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on August 29, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on August 29, 2013 memo.
Sponsor: Mayor/Finance
3. A communication was received from Avera Health requesting permission to
consume, but not sell, wine and malt beverage at the Avera McKennan Prairie
Center at 1000 East 23rd Street, on Wednesday, September 18, 2013, from 4:30
p.m. to 9:30 p.m. for the purpose of a reception hosting the South Dakota Biotech
Association pre-conference gathering.
Sponsor: SDCL 35-1-5.3
4. Report of Requests for Quotes for Fuel dated: August 15, 2013; #2 Dyed Diesel
Fuel; 4,000 gallons; Harms Oil ($3.1895); CHS, Inc. ($3.2070); Howes Oil and
Olson Oil, both no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
5. Report of Requests for Quotes for Fuel dated: August 15, 2013; Unleaded
Ethanol; 4,000 gallons; Harms Oil ($3.1085); CHS, Inc. ($3.1100); Howes Oil
and Olson Oil, both no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
6. Report of Requests for Quotes for Fuel dated: August 22, 2013; Unleaded
Ethanol; 8,500 gallons; Howes Oil ($3.1075); CHS, Inc. ($3.1110); Harms Oil
($3.1197); Olson Oil, no bid. Bid awarded to: Howes Oil
Sponsor: Mayor/Public Works
7. Report of Requests for Quotes for Fuel dated: August 22, 2013; #2 Clear Diesel;
7,500 gallons; CHS, Inc ($3.4700); Howes Oil, Harms Oil and Midwest Oil, all
no bid. Bid awarded to: CHS, Inc.
Sponsor: Mayor/Planning and Building Services
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APPLICATIONS
8. Special One-Day Liquor License requests for Ovations Food Services LP, to be
operated at the Sioux Falls Orpheum Theater, 315 North Phillips Avenue, for
wedding receptions on September 7 and 20, 2013.
Sponsor: Mayor/City Attorney
9. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies
Sports Bar & Grill to be operated at Falls Park West, Falls Park Drive for a free
Soulcrate concert on September 14, 2013.
Sponsor: Mayor/City Attorney
10. 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 Howalt-McDowell
company party on September 24, 2013.
Sponsor: Mayor/City Attorney
The following abatement was recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
11. Melvin W. Zimmer, 5612 W. 16th Street, for 2012 taxes in the amount of
$1,504.77.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 10, 2013 at 7:00 p.m. for Item 12:
12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s, to be operated at Sioux Falls Surgical
Specialty Hospital, 910 East 20th Street for an employee social on September 16,
2013, and authorize publication of notice on 08-30-13 to set the hearing date.
Sponsor: Mayor/City Attorney
Set a date of hearing for Tuesday, September 17, 2013 at 7:00 p.m. for Items 13 and 14:
13. Special One-Day Liquor License request for the Avera Health to be operated at
the Avera Prairie Center, 1000 East 23rd Street for a National Institutes of Health
social event on October 29, 2013.
Sponsor: Mayor/City Attorney
14. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies
Sports Bar & Grill to be operated at MidAmerica Motoplex, 4915 Northview
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Avenue for a special event on September 28, 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 Sue Aguilar to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
There was none.
PETITIONS
15. CONDITIONAL USE PERMIT APPEAL (2013-07-05): SOUTHEAST
CORNER OF W. RUSSELL STREET AND N. KIWANIS AVENUE, TRACT
1A, VENERT'S ADDITION. THE CONDITIONAL USE PERMIT WAS TO
APPROVE CONSTRUCTION OF AN ADDITION TO AN EXISTING FOOD
N FUEL BUILDING TO BE USED AS AN ON-SALE ALCOHOL
ESTABLISHMENT. (Approved at the August 7, 2013, Planning Commission
Meeting with a vote of 3-Yes, 2-No).
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to approve said Conditional Use Permit Appeal.
Vote to approve: Roll Call: Yeses, Kenny Anderson Jr., Rex Rolfing, Kermit L.
Staggers, 3. Noes, Sue Aguilar, James Entenman, Michelle Erpenbach, Greg Jamison,
Dean Karsky, 5.
Motion Failed.
UNFINISHED BUSINESS
16. New 2013-14 Package Malt Beverage License for Main and Main LLC,
Springhill Suites, to be operated at 4304 West Empire Place, effective October
15, 2013, with the Special Use Permit (2008-03-06) being approved on April 2,
2008.
Sponsor: Mayor/City Attorney
17. New 2013-14 Package Malt Beverage License for Thrifty Smoke Shop, Inc.,
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Smokin’ Deals to be operated at 1604 East Tenth Street (CUP not required).
Sponsor: Mayor/City Attorney
18. New 2013 Retail Liquor License, including Sunday Sales, for B.O.B., LLC, Beef
O’Brady’s, 4021 North Bobhalla Drive (full service restaurant; CUP not
required). Pending final inspections per Health, Fire and Building Services.
Sponsor: Mayor/City Attorney
19. New 2013 Retail Liquor License, including Sunday Sales and video lottery
terminals, for The Brady Bunch, Inc., Beef O’Brady’s, 2210 West 69th Street,
Suite number to be determined (full service restaurant; CUP not required).
Pending final inspections per Health, Fire and Building Services.
Sponsor: Mayor/City Attorney
20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for House
of Kings, Casa Del Rey, to be operated at Avera Prairie Center, 1000 East 23rd
Street for a Professional Chefs of the Black Hills fundraiser event on September
21, 2013.
Sponsor: Mayor/City Attorney
21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for KAK
Inc., K, to be operated at 8th & Railroad parking Lot, 401 East 8th Street, for a
Downtown Block Party on the East Bank on September 6, 2013.
Sponsor: Mayor/City Attorney
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member James Entenman to approve Items 16 through 21.
Vote to approve: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2811 AND 2901 W. MADISON ST. FROM THE
RD, RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL
DISTRICT, PETITION NO. 2013-07-10 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 Sue Aguilar to adopt said Ordinance No. 53-13.
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Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 731 N. HARLEM AVE. FROM THE RD,
RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2013-07-02 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
Rex Rolfing to adopt said Ordinance No. 54-13.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2013-07-13 TO CHAPTER 160.446,
PLANNED DEVELOPMENT DISTRICTS, AT SW CORNER OF W. 86TH PL.
AND S LOUISE AVE. ALLOWING CHANGES IN LAND USE AS
REFLECTED IN THE REVISED SUBAREA S REGULATIONS. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
A motion was made by Council Member James Entenman and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance No. 55-13.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2013-07-15 TO CHAPTER 160.446,
PLANNED DEVELOPMENT DISTRICTS, NORTH OF E. ARROWHEAD
PARKWAY AND EAST OF S. SIX MILE ROAD ALLOWING CHANGES IN
LAND USE AS REFLECTED IN THE New SUBAREA G REGULATIONS
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
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A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to adopt said Ordinance 56-13.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion None.
Set a date of hearing and 2nd Reading for Tuesday, September 17, 2013, at 7:00 p.m. for
Item 26:
26. (DEFERRED FROM 08/20/13 MEETING): 1st Reading: AN ORDINANCE
OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION
NO. 2013-07-16 TO CHAPTER 160.446, PLANNED DEVELOPMENT
DISTRICTS, AT THE NW CORNER OF W. 77TH ST. AND S. CLIFF AVE.
ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED
SUBAREA D BOUNDARIES 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, September
17, 2013, at 7:00 p.m. for Item 26.
A motion was made by Council Member James Entenman and seconded by Council
Member Sue Aguilar to amend the ordinance title by replacing "W. 77th Street" with "E.
73rd Street".
Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
Vote to set a date: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
27. A RESOLUTION ADOPTING THE CITY COUNCIL TRAVEL POLICY.
Sponsor: City Council
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to adopt said Resolution No. 68-13.
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A motion was made by Council Member Kermit L. Staggers and seconded by Council
Member Kenny Anderson Jr. to amend by inserting the words "American Dream
Coalition" in the City Council Travel Policy on Page 4-9, in the third paragraph, after
“Sioux Falls Area Chamber of Commerce” and before the word "or".
Vote to amend: Roll Call: Yeses, Kermit L. Staggers, 1. Noes, Sue Aguilar, Kenny
Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex
Rolfing, 7.
Motion Failed.
A motion was made by Council Member Kermit L. Staggers and seconded by Council
Member Kenny Anderson Jr. to amend this item by deleting the words "non-political" on
page 4-11 in the third sentence of the first paragraph.
Vote to amend: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Sue Aguilar, James Entenman, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, 6. Noes, Kenny Anderson Jr.,
Kermit L. Staggers, 2.
Motion Passed.
RESOLUTION NO. 68-13
A RESOLUTION ADOPTING THE CITY COUNCIL TRAVEL POLICY.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and part of this resolution entitled “City Council Travel Policy” is
hereby approved.
Date adopted: 09/03/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
28. A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION AND
VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET.
Sponsor: Mayor/Finance
A motion was made by Council Member Rex Rolfing and seconded by Council Member
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James Entenman to adopt said Resolution No. 67-13.
Vote to adopt: Roll Call: Yeses, Sue Aguilar, Kenny Anderson Jr., James Entenman,
Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kermit L. Staggers, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 67-13
A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION AND VISITORS
BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET.
WHEREAS, pursuant to Resolution 86-10, the City of Sioux Falls adopted a resolution of intent
to establish the Sioux Falls Convention and Visitors Bureau Business Improvement District; and
WHEREAS, in accordance with SDCL Chapter Ch. 9-55 of the South Dakota Codified Laws,
the CVB Business Improvement District has imposed an occupational tax of two dollars ($2.00)
per night per rented room for all lodging rooms within the CVB Business Improvement District
to market and promote the visitor industry in the city of Sioux Falls and increase the room night
sales of lodging facilities within the CVB Business Improvement District;
WHEREAS, the CVB Business Improvement District Board of Directors has developed an
annual budget, which is subject to City Council approval.
NOW, THEREFORE, BE IT RESOLVED:
That the budget dated October 1, 2013, through September 30, 2014, which is attached hereto
and made a part of this Resolution, is hereby approved.
Date adopted: 09/03/13 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
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SIOUX FALLS CONVENTION & VISITORS BUREAU
Budget Summary - BID -- Oct 1, 2013 - Sept 30, 2014
BID 12 Month Budget Oct 1, 2013 - Sept 30, 2014
INCOME EXPENSE Net
GENERAL CVB REVENUE
BID Revenue $ 1,600,000 $ 1,600,000
TOTAL GENERAL REVENUE $ 1,600,000 $ - $ 1,600,000
ADMINISTRATION
Continuing Industry Education $ 10,800 $ (10,800)
Bid Allocation (approx 75% of admin) $ 737,107 $ (737,107)
TOTAL ADMINISTRATIVE $ - $ 747,907 $ (747,907)
PROGRAM & SERVICES:
SALES DEVELOPMENT - ADVERTISING (Conventions, Meetings & Events)
Digital Strategy $ 6,000 $ 172,780 $ (166,780)
Misc Event Ads/Phone Book $ 3,198 $ (3,198)
Newspaper $ 9,150 $ (9,150)
Sports Publications $ 9,219 $ (9,219)
Trade Publications $ 2,500 $ 107,770 $ (105,270)
Misc New Opportunities $ 5,000 $ (5,000)
Total Sales Development - Advertising $ 8,500 $ 307,117 $ (298,617)
SALES DEVELOPMENT - PRINTING
Miscellaneous $ 1,500 $ 3,000 $ (1,500)
Total Sales Development - Printing $ 1,500 $ 3,000 $ (1,500)
SALES DEVELOPMENT - MARKETING & PROMOTION
Visitor Industry Socials $ 500 $ (500)
Total Sales Development - Marketing & Promo $ 500 $ (500)
SALES DEVELOPMENT - BIDDING
ASA $ 5,000 $ (5,000)
Bid Commitments: $ 72,500 $ (72,500)
Health Professionals Network
National Indian & Native American Employee & Training
Confernece
Small Market Meetings
Bid Meetings/Leads $ 1,000 $ (1,000)
Bid Requirements $ 25,000 $ (25,000)
Meeting Planner Hostings/FAMS/Target Market Luncheons $ 11,000 $ (11,000)
BID Opportunity Fund $ 50,000 $ (50,000)
Total Sales Development - Bidding $ - $ 164,500 $ (164,500)
SALES DEVELOPMENT - TRAVEL
Bid Trips $ 7,500 $ (7,500)
Professional Conferences $ 5,500 $ (5,500)
Site Visits/Sales Blitzes/FAMS $ 39,558 $ (39,558)
Trade/Travel Shows $ 72,700 $ (72,700)
Misc $ 2,800 $ (2,800)
Total Sales Development - Travel $ - $ 128,058 $ (128,058)
TOTAL SALES DEVELOPMENT $ 10,000 $ 603,175 $ (593,175)
TOURISM
PROMOTION & ADVERTISING
Travel Publications $ 3,500 $ 82,753 $ (79,253)
New Opportunities $ 110,000 $ 225,000 $ (115,000)
Reststop/FAM Tour Hostings $ 5,750 $ (5,750)
SD Tourism Coops $ 13,885 $ (13,885)
SSDTA Coops $ 3,280 $ (3,280)
Visitor Guide Delivery/Storage $ 7,500 $ (7,500)
Visitor Center $ 560 $ (560)
Miscellaneous $ 4,690 $ (4,690)
TOTAL TOURISM $ 113,500 $ 343,418 $ (229,918)
HOST CITY PROGRAM
Visitor Info Kiosks $ 29,000 $ (29,000)
TOTAL HOST CITY $ - $ 29,000 $ (29,000)
TOTAL PROGRAM & SERVICES $ 123,500 $ 975,593 $ (852,093)
TOTAL BUDGET $ 1,723,500 $ 1,723,500 $ -
S: Kathie: BID District-BID Budget 13-14
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)
29. REPORT OF THE AUGUST 27, 2013, NOTICE OF TRANSFER 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 the meeting at 8:10 p.m.
Mayor Huether called for a voice vote. All members voted yes. Motion Passed.
Tamara Jorgensen, CMC
Assistant 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-
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.
Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, September 3, 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 Jason Mueller, The Ransom Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Suicide Prevention Week in Sioux Falls, September 8-14, 2013
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Budget Hearing Meeting of Tuesday, August 20, 2013, at 4:00 p.m.
● City Council Meeting of Tuesday, August 20, 2013, at 7:00 p.m.
● Informational Meeting of Tuesday, August 27, 2013, at 4:00 p.m.
● Joint City Council/Minnehaha County Commission Meeting of Tuesday, August 27,
2013, at 5:00 p.m.
COMMUNICATIONS
1. Approval of Contracts/Agreements on August 29, 2013 memo.
Sponsor: Mayor/Finance
2. Notice of change orders on August 29, 2013 memo.
Sponsor: Mayor/Finance
3. A communication was received from Avera Health requesting permission to
consume, but not sell, wine and malt beverage at the Avera McKennan Prairie
Center at 1000 East 23rd Street, on Wednesday, September 18, 2013, from 4:30
p.m. to 9:30 p.m. for the purpose of a reception hosting the South Dakota Biotech
Association pre-conference gathering.
Sponsor: SDCL 35-1-5.3
4. Report of Requests for Quotes for Fuel dated: August 15, 2013; #2 Dyed Diesel
Fuel; 4,000 gallons; Harms Oil ($3.1895); CHS, Inc. ($3.2070); Howes Oil and
Olson Oil, both no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
5. Report of Requests for Quotes for Fuel dated: August 15, 2013; Unleaded Ethanol;
4,000 gallons; Harms Oil ($3.1085); CHS, Inc. ($3.1100); Howes Oil and Olson
Oil, both no bid. Bid awarded to: Harms Oil.
Sponsor: Mayor/Public Works
6. Report of Requests for Quotes for Fuel dated: August 22, 2013; Unleaded Ethanol;
8,500 gallons; Howes Oil ($3.1075); CHS, Inc. ($3.1110); Harms Oil ($3.1197);
Olson Oil, no bid. Bid awarded to: Howes Oil
Sponsor: Mayor/Public Works
7. Report of Requests for Quotes for Fuel dated: August 22, 2013; #2 Clear Diesel;
7,500 gallons; CHS, Inc ($3.4700); Howes Oil, Harms Oil and Midwest Oil, all no
bid. Bid awarded to: CHS, Inc.
Sponsor: Mayor/Planning and Building Services
APPLICATIONS
8. Special One-Day Liquor License requests for Ovations Food Services LP, to be
operated at the Sioux Falls Orpheum Theater, 315 North Phillips Avenue, for
wedding receptions on September 7 and 20, 2013.
Sponsor: Mayor/City Attorney
9. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies
Sports Bar & Grill to be operated at Falls Park West, Falls Park Drive for a free
Soulcrate concert on September 14, 2013.
Sponsor: Mayor/City Attorney
10. 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 Howalt-McDowell
company party on September 24, 2013.
Sponsor: Mayor/City Attorney
The following abatement was recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
11. Melvin W. Zimmer, 5612 W. 16th Street, for 2012 taxes in the amount of
$1,504.77.
Sponsor: SDCL 10-18-1
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 10, 2013 at 7:00 p.m. for Item 12:
12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s, to be operated at Sioux Falls Surgical Specialty
Hospital, 910 East 20th Street for an employee social on September 16, 2013, and
authorize publication of notice on 08-30-13 to set the hearing date.
Sponsor: Mayor/City Attorney
Set a date of hearing for Tuesday, September 17, 2013 at 7:00 p.m. for Items 13 and 14:
13. Special One-Day Liquor License request for the Avera Health to be operated at the
Avera Prairie Center, 1000 East 23rd Street for a National Institutes of Health
social event on October 29, 2013.
Sponsor: Mayor/City Attorney
14. Special One-Day Malt Beverage License request for Sports Zone Inc., Rookies
Sports Bar & Grill to be operated at MidAmerica Motoplex, 4915 Northview
Avenue for a special event on September 28, 2013.
Sponsor: Mayor/City Attorney
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
PETITIONS
15. CONDITIONAL USE PERMIT APPEAL (2013-07-05): SOUTHEAST
CORNER OF W. RUSSELL STREET AND N. KIWANIS AVENUE, TRACT
1A, VENERT'S ADDITION. THE CONDITIONAL USE PERMIT WAS TO
APPROVE CONSTRUCTION OF AN ADDITION TO AN EXISTING FOOD
N FUEL BUILDING TO BE USED AS AN ON-SALE ALCOHOL
ESTABLISHMENT. (Approved at the August 7, 2013, Planning Commission
Meeting with a vote of 3-Yes, 2-No).
Sponsor: Mayor/Planning and Building Services
UNFINISHED BUSINESS
16. New 2013-14 Package Malt Beverage License for Main and Main LLC, Springhill
Suites, to be operated at 4304 West Empire Place, effective October 15, 2013, with
the Special Use Permit (2008-03-06) being approved on April 2, 2008.
Sponsor: Mayor/City Attorney
17. New 2013-14 Package Malt Beverage License for Thrifty Smoke Shop, Inc.,
Smokin’ Deals to be operated at 1604 East Tenth Street (CUP not required).
Sponsor: Mayor/City Attorney
18. New 2013 Retail Liquor License, including Sunday Sales, for B.O.B., LLC, Beef
O’Brady’s, 4021 North Bobhalla Drive (full service restaurant; CUP not
required). Pending final inspections per Health, Fire and Building Services.
Sponsor: Mayor/City Attorney
19. New 2013 Retail Liquor License, including Sunday Sales and video lottery
terminals, for The Brady Bunch, Inc., Beef O’Brady’s, 2210 West 69th Street,
Suite number to be determined (full service restaurant; CUP not required).
Pending final inspections per Health, Fire and Building Services.
Sponsor: Mayor/City Attorney
20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for House
of Kings, Casa Del Rey, to be operated at Avera Prairie Center, 1000 East 23rd
Street for a Professional Chefs of the Black Hills fundraiser event on September
21, 2013.
Sponsor: Mayor/City Attorney
21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for KAK
Inc., K, to be operated at 8th & Railroad parking Lot, 401 East 8th Street, for a
Downtown Block Party on the East Bank on September 6, 2013.
Sponsor: Mayor/City Attorney
INTRODUCTION AND ADOPTION OF ORDINANCES
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2811 AND 2901 W. MADISON ST. FROM THE
RD, RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2013-07-10 AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 731 N. HARLEM AVE. FROM THE RD,
RESIDENTIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT,
PETITION NO. 2013-07-02 AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2013-07-13 TO CHAPTER 160.446,
PLANNED DEVELOPMENT DISTRICTS, AT SW CORNER OF W. 86TH PL.
AND S LOUISE AVE. ALLOWING CHANGES IN LAND USE AS
REFLECTED IN THE REVISED SUBAREA S REGULATIONS. Planning
Commission recommends approval.
Sponsor: Mayor/Planning and Building Services
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A
MAJOR AMENDMENT, PETITION NO. 2013-07-15 TO CHAPTER 160.446,
PLANNED DEVELOPMENT DISTRICTS, NORTH OF E. ARROWHEAD
PARKWAY AND EAST OF S. SIX MILE ROAD ALLOWING CHANGES IN
LAND USE AS REFLECTED IN THE New SUBAREA G REGULATIONS
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, September 17, 2013, at 7:00 p.m. for
Item 26:
26. (DEFERRED FROM 08/20/13 MEETING): 1st Reading: AN ORDINANCE
OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION
NO. 2013-07-16 TO CHAPTER 160.446, PLANNED DEVELOPMENT
DISTRICTS, AT THE NW CORNER OF W. 77TH ST. AND S. CLIFF AVE.
ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED
SUBAREA D BOUNDARIES 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
27. A RESOLUTION ADOPTING THE CITY COUNCIL TRAVEL POLICY.
Sponsor: City Council
28. A RESOLUTION APPROVING THE SIOUX FALLS CONVENTION AND
VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT’S BUDGET.
Sponsor: Mayor/Finance
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN
A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX
FALLS CITY CHARTER SECTION 5.07(d)
29. REPORT OF THE AUGUST 27, 2013, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
Sponsor: Mayor/Finance
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE
STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH
MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH
IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND
THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR
LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED
AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON
THE MEETING MINUTES AND AGENDAS PAGE.
CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK.
CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON
SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY
COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY
COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON
FIRST SUNDAY AFTER LIVE MEETING.
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