City Council Meeting
Regular MeetingSioux Falls, SD · August 5, 2014
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, August 5, 2014, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Kermit L. Staggers
Council Member Kenny Anderson Jr.
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rick Kiley
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
Amanda Novotny, President of Siouxland Freethinkers
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Purple Heart Day - August 7, 2014
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, July 15, 2014, at 4:00 p.m.
City Council Meeting of Tuesday, July 15, 2014, at 7:00 p.m.
Informational Meeting of Tuesday, July 22, 2014, at 4:00 p.m.
Joint City Council/Lincoln County Commission Meeting of Tuesday, July 22, 2014, at
7:00 p.m.
Special City Council Meeting of Thursday, July 31, 2014, at 1:30 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the July 31, 2014 memo.
2. Notice of change orders on the July 31, 2014 memo.
3. Report of Requests for Quotes for Fuel dated: July 16, 2014; #2 Dyed Diesel
Fuel; 7,500 gallons; Harms Oil ($2.9800); Midwest Oil ($3.0800); CHS< Inc.,
Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil.
4. Report of Requests for Quotes for Fuel dated: July 16, 2014; #2 Clear Diesel;
7,500 gallons; Harms Oil ($3.42); Petroleum Traders Cor. ($3.2378); CHS. Inc,
Howes Oil and Midwest Oil, all no bid. Bid awarded to: Petroleum Traders, Cor.
5. Report of Requests for Quotes for Fuel dated: July 17, 2014; #2 Dyed Diesel
Fuel; 7,500 gallons; Harms Oil ($2.9706); CHS, Inc. ($3.0013); Howes Oil,
Midwest Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil.
6. Report of Requests for Quotes for Fuel dated: July 18, 2014; #2 Dyed Diesel
Fuel; 7,500 gallons; Harms Oil ($2.9930); Howes Oil ($3.0279); CHS, Inc.,
Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: July 23, 2014; #2 Clear Diesel;
7,500 gallons; CHS, Inc. ($3.2138); Petroleum Traders Cor. ($3.2508); Howes
Oil, Harms Oil, and Midwest Oil, all no bid. Bid awarded to: CHS, Inc.
8. Report of Request for Quote for Fuel dated July 24, 2014; Diesel (#1 and #2
blend); 1,194 gallons; Howes Oil ($3,992.74); Palisades Oil and Midway Service,
both no bid. Bid awarded to: Howe's Oil.
9. Report of Request for Quotes for Fuel dated July 24, 2014; Unleaded; 556
Gallons; Howes Oil ($1,786.98); Palisades Oil and Midway Service, both no bid.
Bid awarded to: Howes Oil.
10. A communication was received from The Great Plains Zoo and Delbridge
Museum of Natural History requesting permission to consume, but not sell,
liquor, wine and/or malt beverages at 805 South Kiwanis Avenue on the dates
shown for donor appreciation events at the zoo: August 14, 20, 21, and 28, 2014.
11. A communication was received from Chelsea Pickner and Colin Tracy requesting
permission to consume, but not sell, liquor, wine, and beer at the Old Courthouse
Museum, 200 W. 6th Street, on September 5, 2014, from 5:00 p.m. to 11:30 p.m.
for the purpose of a wedding.
12. A communication was received from Ashley Kopischke and Jeffrey Knapp
requesting permission to consume, but not sell liquor, wine and malt beverages at
the Old Courthouse Museum, 200 W. 6th Street, on Saturday, September 20,
2014 from 4:00 p.m. to 12:00 a.m. for the purpose of a wedding reception.
13. A communication was received from Anne Marie Goraj and Andrew McDade
requesting permission to consume, but not sell, wine and/or malt bevarges at the
Old Courthouse Museum, 200 W. 6th Street, on Saturday, October 18, 2014, from
4:00 p.m. - 9:00 p.m. for the purpose of a wedding reception.
APPLICATIONS
14. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion of Arts & Science to be operated at 301 South Main
Avenue, for weddings on August 30 and September 6, 13, 20, 26 and 27, 2014.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, August 19, 2014, at 7:00 p.m. for Items 15 through
23:
15. Rescind New 2014-15 Retail Malt Beverage License for Crickett Collins, The
Bonus Round Bar, to be operated at 803 South Cliff Avenue.
16. New 2014-15 Retail Malt Beverage License for Crickett Collins and Isak
Anderson, The Bonus Round, to be operated at 803 South Cliff Avenue.
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Commemorative Air Force Joe Foss Squadron to be operated at Maverick Air
Center, 4201 North Maverick Place, for a Hangar Dance on September 13, 2014.
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at Avera
Medical Group, 6215 South Cliff Avenue, for a marketing event on August 26,
2014.
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at Docutap,
101 South Phillips Avenue, Suite 300, for a ribbon cutting on August 27, 2014.
20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at Vance
Thompson Vision, 3101 West 57th Street for the Artisan 57 open house on
September 8, 2014.
21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at Avera
eCare, 4500 North Lewis Avenue, for a board meeting on September 24, 2014.
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at Sanford
Health, 2301 East 60th Street North, for a special dinner event on September 12,
2014.
23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at The
Coliseum, 515 North Main Street, for a wedding on October 18, 2014.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Kenny Anderson Jr. to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
I.L. Wiedermann spoke about a citizen being arrested, the appellate process for civil
citations, and the proposed cuts to transportation.
Penny Olson spoke regarding paratransit concerns.
Michael Christensen spoke regarding bicycling in the City of Sioux Falls.
Chris Parsley spoke regarding bicycling in the City of Sioux Falls.
Scott Kuznicki spoke regarding quality of life issues.
I.L. Wiedermann spoke regarding personal threats that he has received.
Katie Stassen Barnes spoke regarding hiring a professional city bike planner and
additional bicycle issues.
Marilyn Zimmerman spoke regarding bicycling in the City of Sioux Falls.
UNFINISHED BUSINESS
24. New 2014-15 Retail Malt Beverage License for GL Management, LLC,
Woodlake Athletic Club, to be operated at 4600 South Tennis Lane (CUP not
required; accessory alcohol). Pending permits and final inspections per Fire,
Health, and Building Services.
25. New 2014 Retail Wine License for GL Management, LLC, Woodlake Athletic
Club to be operated at 4600 South Tennis Lane (CUP not required; accessory
alcohol). Pending permits and final inspections per Fire, Health, and
Building Services.
26. Transfer of 2013-14 Retail Malt Beverage License, including video lottery
terminals, from Sim & Sim Enterprises, Inc., J’s Wild Casino, 904 South Cliff
Avenue, to Quan Holdings, Inc., Crown Casino on Cliff, 904 South Cliff Avenue,
with Conditional Use Permit (2010-02-05) being approved on March 3, 2010.
Pending permits and final inspections per Fire, Health, and Building
Services.
27. Renewal of 2014-15 Retail Malt Beverage License for Quan Holdings, Inc.,
Crown Casino on Cliff, 904 South Cliff Avenue. Pending permits and final
inspections per Fire, Health, and Building Services.
28. New 2014 Retail Wine License, including video lottery terminals, for Quan
Holdings, Inc., Crown Casino on Cliff, to be operated at 904 South Cliff Avenue,
with Conditional Use Permit (2010-02-05) being approved on March 3, 2010.
Pending permits and final inspections per Fire, Health, and Building
Services.
29. Transfer of 2014 Retail Liquor License, including Sunday Sales certificate and
video lottery terminals, from Shenanigan’s Pub, Inc., Shenanigan’s Pub, 4001
West 41st Street #502, to Shenanigan’s Pub, Inc., Shenanigan’s Pub, 1903 South
Ellis Road, effective September 1, 2014 or upon completion of construction (CUP
not required; full service restaurant). Pending permits and final inspections per
Fire, Health, and Building Services.
30. Transfer of 2014 Retail Liquor License, including Sunday Sales certificate, from
GMRI, Inc., Red Lobster Restaurant #305, 3901 West 41st Street, to Red Lobster
Hospitality, LLC, Red Lobster #305, 3901 West 41st Street (CUP not required;
full service restaurant).
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to approve Items 24 through 30.
Vote to approve: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 95.071 (B) ICE RINK FEES OF CHAPTER 95: PARKS AND
RECREATION OF TITLE IX: GENERAL REGULATIONS.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adopt said Ordinance No. 52-14.
A motion was made by Council Member Kermit L. Staggers and seconded by Council
Member Dean Karsky to amend the ordinance by adding the following sentence at the
end: “This Ordinance will expire on November 30, 2014."
Vote to amend: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Greg
Jamison, 3. Noes, Christine M. Erickson, Michelle Erpenbach, Dean Karsky, Rick
Kiley, Rex Rolfing, 5.
Motion Failed.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY NORTH OF E. 69TH ST. AND WEST OF S.
SOUTHEASTERN AVE. FROM THE RD-1, TWIN HOME/DUPLEX
RESIDENTIAL & RS, SINGLE-FAMILY RESIDENTIAL DISTRICTS TO
THE RA-1, APARTMENT RESIDENTIAL & RD-2, TOWNHOME
RESIDENTIAL DISTRICTS, INCLUDING CONDITIONS AS ALLOWED IN
SECTION 160.650 (e) PLACING LIMITATIONS ON WHICH FORM CAN BE
USED WITHIN THE RD-2, TOWNHOME RESIDENTIAL DISTRICT,
PETITION NO. 2014-05-20 AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval with the following condition: 1) A minimum of one row of lots utilizing
the AD1 form (twin home or duplex uses) are required along the entire length of
the north property line.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 53-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
PLANNING AND ZONING APPLICATION FEES. Planning Commission
recommends approval.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 54-14.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 160: ZONING, SUBCHAPTER FEES. Planning Commission
recommends approval.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Dean Karsky to adopt said Ordinance No. 55-14.
Vote to adopt: Roll Call: Yeses, Kenny Anderson Jr., Christine M. Erickson, Michelle
Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 7. Noes, Kermit L.
Staggers, 1.
Motion Passed.
35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHWEST CORNER OF E. 57TH ST.
AND S. SYCAMORE AVE. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR AND RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICTS TO THE C-3
COMMERCIAL—COMMUNITY, RA-3 APARTMENT RESIDENTIAL—
HIGH DENSITY, AND RD-2 TOWNHOME RESIDENTIAL—SUBURBAN
DISTRICTS, PETITION NO. 2014-06-07, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
A motion was made by Council Member Greg Jamison and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 56-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHEAST CORNER OF W. 85TH ST.
AND S. TALLGRASS AVE. FROM THE AG AGRICULTURE DISTRICT TO
THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3
COMMERCIAL—COMMUNITY, O OFFICE, RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY, AND RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICTS, PETITION NO. 2014-06-06, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Ordinance No. 57-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE NORTHWEST CORNER OF S. PURDUE
AVE. AND W. LOBELIA ST. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/
DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 2014-06-
04, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 58-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY EAST AND WEST OF N. MARLOW AVE. AND
NORTH OF E. FAIRWAY DR. FROM THE AG AGRICULTURE DISTRICT
TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT,
PETITION NO. 2014-06-03, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Dean Karsky to defer this item to the City Council Meeting on Tuesday,
September 2, 2014, at 7:00 p.m.
A substitute motion was made by Council Member Christine M. Erickson and seconded
by Council Member Michelle Erpenbach to defer this item to the City Council Meeting
on Tuesday, August 19, 2014, at 7:00 p.m.
Vote to defer: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, August 12, 2014, at 7:00 p.m. for
Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING FOR INTEREST RATES FOR SPECIAL ASSESSMENTS ON
STREET AND UTILITY IMPROVEMENT COSTS AND ENGINEERING
AND TESTING COSTS FOR A PORTION OF THE SANFORD SPORTS
COMPLEX.
A motion was made by Council Member Dean Karsky and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, August 12,
2014, at 7:00 p.m. for Item 39.
Vote to set a date: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine
M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, August 12, 2014, at 7:00 p.m. for
Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
CHAPTER 95: PARKS & RECREATION.
A motion was made by Council Member Greg Jamison and seconded by Council
Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday,
August 12, 2014, at 7:00 p.m. for Item 40.
Vote to set a date: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine
M. Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Christine M. Erickson to adopt said Resolution No. 86-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 86-14
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
Tyler Crissman Orpheum Theater Board Appointed for a term from July 2014
of Directors through January 2016 (to fill the
unexpired term of Baron Wolfgang).
Joseph Niechwiadowicz Orpheum Theater Board Appointed for a term from July 2014
of Directors through July 2017 (to replace De
Knudson).
Patti Abdallah Parks and Recreation Reappointed for a term from July 2014
Board through July 2019.
Mark Steinborn Parks and Recreation Appointed for a term from July 2014
Board through July 2019 (to replace Mark
Millage).
Robert Hillman Plumbing Board of Appointed for a term from July 2014
Appeals and Examiners through July 2017 (to replace Richard
Vissers).
Brian Vognild Veterans’ Park Advisory Appointed for a term from July 2014
Board through February 2018 (to fill the
unexpired term of Nathan
Christopherson).
Date adopted: 08/05/14 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
42. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. McNally's VIP
Pub.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 87-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 87-14
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A
FACILITY SPACE ON PUBLIC PROPERTY.
WHEREAS, application 2014-04-04 was submitted by SMG Sioux Falls to the City of Sioux Falls for
naming the existing McNally’s Premium Lounge at the new Denny Sanford PREMIER Center located at
1201 North West Avenue; and
WHEREAS, McNally’s Premium Lounge would be renamed McNally’s VIP Pub; and
WHEREAS, McNally’s Irish Pub is one of the marketing partners at the new Denny Sanford PREMIER
Center; and
WHEREAS, the City Naming Committee considered the application and unanimously recommended
approval on July 24, 2014;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the renaming of McNally’s VIP Pub at the new Denny Sanford PREMIER Center
located at 1201 North West Avenue.
Date adopted: 08/05/14 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Comfort Zone.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 88-14.
Vote to adopt: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., Christine M.
Erickson, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 88-14
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A
FACILITY SPACE ON PUBLIC PROPERTY.
WHEREAS, application 2014-06-01 was submitted by SMG Sioux Falls to the City of Sioux Falls for
naming certain spaces within the new Denny Sanford PREMIER Center located at 1201 North West
Avenue; and
WHEREAS, the name includes Comfort Zone; and
WHEREAS, Waterbury Heating and Cooling and Johnstone Supply are one of the marketing partners at
the new Denny Sanford PREMIER Center; and
WHEREAS, the City Naming Committee considered the application and unanimously recommended
approval on July 24, 2014;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the name Comfort Zone located at the Sioux Falls Convention Center located at
1201 North West Avenue.
Date adopted: 08/05/14 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS
WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE
SIOUX FALLS CITY CHARTER SECTION 5.07(d)
44. REPORT OF THE JULY 29, 2014, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
A motion was made by Council Member Dean Karsky and seconded by Council Member Rex
Rolfing to adjourn the meeting at 9:32 p.m. Mayor Huether called for a voice vote, all
members 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
REGULAR MEETING OF Tuesday, August 5, 2014 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Kenny Anderson Jr.
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rick Kiley
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Mayor Mike T. Huether
INVOCATION
● Amanda Novotny, President of Siouxland Freethinkers
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Purple Heart Day - August 7, 2014
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, July 15, 2014, at 4:00 p.m.
● City Council Meeting of Tuesday, July 15, 2014, at 7:00 p.m.
● Informational Meeting of Tuesday, July 22, 2014, at 4:00 p.m.
● Joint City Council/Lincoln County Commission Meeting of Tuesday, July 22, 2014, at
7:00 p.m.
● Special City Council Meeting of Thursday, July 31, 2014, at 1:30 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the July 31, 2014 memo.
2. Notice of change orders on the July 31, 2014 memo.
3. Report of Requests for Quotes for Fuel dated: July 16, 2014; #2 Dyed Diesel Fuel;
7,500 gallons; Harms Oil ($2.9800); Midwest Oil ($3.0800); CHS. Inc., Howes
Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil.
4. Report of Requests for Quotes for Fuel dated: July 16, 2014; #2 Clear Diesel;
7,500 gallons; Harms Oil ($3.42); Petroleum Traders Cor. ($3.2378); CHS. Inc,
Howes Oil and Midwest Oil, all no bid. Bid awarded to: Petroleum Traders, Cor.
5. Report of Requests for Quotes for Fuel dated: July 17, 2014; #2 Dyed Diesel Fuel;
7,500 gallons; Harms Oil ($2.9706); CHS, Inc. ($3.0013); Howes Oil, Midwest
Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil.
6. Report of Requests for Quotes for Fuel dated: July 18, 2014; #2 Dyed Diesel Fuel;
7,500 gallons; Harms Oil ($2.9930); Howes Oil ($3.0279); CHS, Inc., Midwest
Oil, and Olson Oil, all no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: July 23, 2014; #2 Clear Diesel;
7,500 gallons; CHS, Inc. ($3.2138); Petroleum Traders Cor. ($3.2508); Howes Oil,
Harms Oil, and Midwest Oil, all no bid. Bid awarded to: CHS, Inc.
8. Report of Requests for Quotes for Fuel dated July 24, 2014; Diesel (#1 and #2
blend); 1,194 gallons; Howes Oil ($3,992.74); Palisades Oil and Midway Service,
both no bid. Bid awarded to: Howe's Oil.
9. Report of Requests for Quotes for Fuel dated July 24, 2014; Unleaded; 556
Gallons; Howes Oil ($1,786.98); Palisades Oil and Midway Service, both no bid.
Bid awarded to: Howes Oil.
10. A communication was received from The Great Plains Zoo and Delbridge
Museum of Natural History requesting permission to consume, but not sell, liquor,
wine and/or malt beverages at 805 South Kiwanis Avenue on the dates shown for
donor appreciation events at the zoo: August 14, 20, 21, and 28, 2014.
11. A communication was received from Chelsea Pickner and Colin Tracy requesting
permission to consume, but not sell, liquor, wine, and beer at the Old Courthouse
Museum, 200 W. 6th Street, on September 5, 2014, from 5:00 p.m. to 11:30 p.m.
for the purpose of a wedding.
12. A communication was received from Ashley Kopischke and Jeffrey Knapp
requesting permission to consume, but not sell liquor, wine and malt beverages at
the Old Courthouse Museum, 200 W. 6th Street, on Saturday, September 20, 2014
from 4:00 p.m. to 12:00 a.m. for the purpose of a wedding reception.
13. A communication was received from Anne Marie Goraj and Andrew McDade
requesting permission to consume, but not sell, wine and/or malt bevarges at the
Old Courthouse Museum, 200 W. 6th Street, on Saturday, October 18, 2014, from
4:00 p.m. - 9:00 p.m. for the purpose of a wedding reception.
APPLICATIONS
14. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion of Arts & Science to be operated at 301 South Main
Avenue, for weddings on August 30 and September 6, 13, 20, 26 and 27, 2014.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, August 19, 2014, at 7:00 p.m. for Items 15 through 23:
15. Rescind New 2014-15 Retail Malt Beverage License for Crickett Collins, The
Bonus Round Bar, to be operated at 803 South Cliff Avenue.
16. New 2014-15 Retail Malt Beverage License for Crickett Collins and Isak
Anderson, The Bonus Round, to be operated at 803 South Cliff Avenue.
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Commemorative Air Force Joe Foss Squadron to be operated at Maverick Air
Center, 4201 North Maverick Place, for a Hangar Dance on September 13, 2014.
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at Avera Medical Group,
6215 South Cliff Avenue, for a marketing event on August 26, 2014.
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at Docutap, 101 South
Phillips Avenue, Suite 300, for a ribbon cutting on August 27, 2014.
20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at Vance Thompson
Vision, 3101 West 57th Street for the Artisan 57 open house on September 8, 2014.
21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at Avera eCare, 4500
North Lewis Avenue, for a board meeting on September 24, 2014.
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at Sanford Health, 2301
East 60th Street North, for a special dinner event on September 12, 2014.
23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at The Coliseum, 515
North Main Street, for a wedding on October 18, 2014.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
24. New 2014-15 Retail Malt Beverage License for GL Management, LLC, Woodlake
Athletic Club, to be operated at 4600 South Tennis Lane (CUP not required;
accessory alcohol). Pending permits and final inspections per Fire, Health,
and Building Services.
25. New 2014 Retail Wine License for GL Management, LLC, Woodlake Athletic
Club to be operated at 4600 South Tennis Lane (CUP not required; accessory
alcohol). Pending permits and final inspections per Fire, Health, and Building
Services.
26. Transfer of 2013-14 Retail Malt Beverage License, including video lottery
terminals, from Sim & Sim Enterprises, Inc., J’s Wild Casino, 904 South Cliff
Avenue, to Quan Holdings, Inc., Crown Casino on Cliff, 904 South Cliff Avenue,
with Conditional Use Permit (2010-02-05) being approved on March 3, 2010.
Pending permits and final inspections per Fire, Health, and Building Services.
27. Renewal of 2014-15 Retail Malt Beverage License for Quan Holdings, Inc.,
Crown Casino on Cliff, 904 South Cliff Avenue. Pending permits and final
inspections per Fire, Health, and Building Services.
28. New 2014 Retail Wine License, including video lottery terminals, for Quan
Holdings, Inc., Crown Casino on Cliff, to be operated at 904 South Cliff Avenue,
with Conditional Use Permit (2010-02-05) being approved on March 3, 2010.
Pending permits and final inspections per Fire, Health, and Building Services.
29. Transfer of 2014 Retail Liquor License, including Sunday Sales certificate and
video lottery terminals, from Shenanigan’s Pub, Inc., Shenanigan’s Pub, 4001
West 41st Street #502, to Shenanigan’s Pub, Inc., Shenanigan’s Pub, 1903 South
Ellis Road, effective September 1, 2014 or upon completion of construction (CUP
not required; full service restaurant). Pending permits and final inspections per
Fire, Health, and Building Services.
30. Transfer of 2014 Retail Liquor License, including Sunday Sales certificate, from
GMRI, Inc., Red Lobster Restaurant #305, 3901 West 41st Street, to Red Lobster
Hospitality, LLC, Red Lobster #305, 3901 West 41st Street (CUP not required; full
service restaurant).
INTRODUCTION AND ADOPTION OF ORDINANCES
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 95.071 (B) ICE RINK FEES OF CHAPTER 95: PARKS AND
RECREATION OF TITLE IX: GENERAL REGULATIONS.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY NORTH OF E. 69TH ST. AND WEST OF S.
SOUTHEASTERN AVE. FROM THE RD-1, TWIN HOME/DUPLEX
RESIDENTIAL & RS, SINGLE-FAMILY RESIDENTIAL DISTRICTS TO THE
RA-1, APARTMENT RESIDENTIAL & RD-2, TOWNHOME RESIDENTIAL
DISTRICTS, INCLUDING CONDITIONS AS ALLOWED IN SECTION
160.650 (e) PLACING LIMITATIONS ON WHICH FORM CAN BE USED
WITHIN THE RD-2, TOWNHOME RESIDENTIAL DISTRICT, PETITION NO.
2014-05-20 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval with the
following condition: 1) A minimum of one row of lots utilizing the AD1 form
(twin home or duplex uses) are required along the entire length of the north
property line.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
PLANNING AND ZONING APPLICATION FEES. Planning Commission
recommends approval.
34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 160: ZONING, SUBCHAPTER FEES. Planning Commission
recommends approval.
35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHWEST CORNER OF E. 57TH ST.
AND S. SYCAMORE AVE. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR AND RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICTS TO THE C-3
COMMERCIAL—COMMUNITY, RA-3 APARTMENT RESIDENTIAL—
HIGH DENSITY, AND RD-2 TOWNHOME RESIDENTIAL—SUBURBAN
DISTRICTS, PETITION NO. 2014-06-07, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval.
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHEAST CORNER OF W. 85TH ST.
AND S. TALLGRASS AVE. FROM THE AG AGRICULTURE DISTRICT TO
THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3
COMMERCIAL—COMMUNITY, O OFFICE, RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY, AND RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICTS, PETITION NO. 2014-06-06, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE NORTHWEST CORNER OF S. PURDUE
AVE. AND W. LOBELIA ST. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/
DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 2014-06-
04, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY EAST AND WEST OF N. MARLOW AVE. AND
NORTH OF E. FAIRWAY DR. FROM THE AG AGRICULTURE DISTRICT
TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT,
PETITION NO. 2014-06-03, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval.
Set a date of hearing and 2nd Reading for Tuesday, August 12, 2014, at 7:00 p.m. for
Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING FOR INTEREST RATES FOR SPECIAL ASSESSMENTS ON
STREET AND UTILITY IMPROVEMENT COSTS AND ENGINEERING AND
TESTING COSTS FOR A PORTION OF THE SANFORD SPORTS COMPLEX.
Set a date of hearing and 2nd Reading for Tuesday, August 12, 2014, at 7:00 p.m. for
Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
CHAPTER 95: PARKS & RECREATION.
HEARINGS AND RESOLUTIONS
41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
42. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. McNally's VIP
Pub.
43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Comfort Zone.
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)
44. REPORT OF THE JULY 29, 2014, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
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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.
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