City Council Meeting
Regular MeetingSioux Falls, SD · February 2, 2015
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Monday, February 2, 2015, at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rick Kiley
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Kenny Anderson Jr.
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Mayor Mike T. Huether
INVOCATION
Pastor David Edge, Zion Lutheran Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
National Wear Red Day - February 6, 2015
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Kenny Anderson Jr. to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
A request was made by Council Member Kermit L. Staggers to move the following
agreements from Item 1 to the Regular Agenda for discussion purposes: 1) Highways/
Streets, Public Works Signage Study, Agreement for engineering services, Confluence,
$15,000; 2) Water, Water Resources Investigations, Joint funding agreement, US
Geological Survey, $357,000.
MINUTES
City Council Meeting of Tuesday, January 20, 2015, at 7:00 p.m.
Informational Meeting of Tuesday, January 27, 2015, at 4:00 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the January 29, 2015 memo.
A motion was made by Council Member Erpenbach and seconded by Council Member
Karsky to approve the following agreement: 1) Highways/Streets, Public Works Signage
Study, Agreement for engineering services, Confluence, $15,000.
Vote to approve : Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex
Rolfing, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 7. Noes,
Kermit L. Staggers, 1.
Motion Passed.
A motion was made by Council Member Staggers and seconded by Council
Member Anderson to approve the following agreement: 2) Water, Water Resources
Investigations, Joint funding agreement, US Geological Survey, $357,000.
Vote to approve : Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex
Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle
Erpenbach, 8. Noes, 0.
Motion Passed.
2. Approval of notice of change orders on the January 29, 2015 memo.
3. A memorandum dated January 20, 2015, declaring surplus property from 2014.
4. 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 beverage at the Great Plains Zoo, 805 South Kiwanis
Avenue on February 5, 12, 19 and 26, 2015, for the purpose of supporter and
donor appreciation events at the Zoo, pursuant to SDCL 35-1-5.5.
5. A communication was received from Avera McKennan Hospital requesting
permission to consume, but not sell, wine and malt beverages at Avera Prince of
Peace at 4513 Prince of Peace Place on Friday, May 15, 2015, from 5:00 p.m. to
8:00 p.m. pursuant to SDCL 35-1-5.5.
6. Report of Requests for Quotes for Fuel dated: January 15, 2015; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.5090); Harms Oil ($1.5246);
CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil.
7. Report of Requests for Quotes for Fuel dated: January 15, 2015; #2 Dyed Diesel
Fuel; 7,500 gallons; Howes Oil ($1.5495); Harms Oil ($1.5765); CHS, Inc.,
Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil.
8. Report of Requests for Quotes for Fuel dated: January 21, 2015; #2 Clear Diesel;
7,500 gallons; Harms Oil ($2.028); CHS, Inc., Howes Oil, Midwest Oil,
Petroleum Traders Co., all no bid. Bid awarded to: Harms Oil.
9. Report of Requests for Quotes for Fuel dated: January 22, 2015; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.4925); Harms Oil ($1.5060);
CHS, Inc. ($1.5540); Olson Oil, no bid. Bid awarded to: Howes Oil.
10. Report of Request for Quotes for Fuel dated: January 23, 2015; #1 and #2 Dyed
Diesel Fuel; 7,500 gallons (3,750 gallons each #1 and #2); Harms Oil ($1.8350 #1
and $1.6460 #2); Howes Oil ($1.9100 #1 and $1.6500 #2); CHS, Inc., Midwest
Oil, Olson Oil, all no bid. Bid awarded to: Harms Oil.
APPLICATIONS
11. Special One-Day Malt Beverage License for Sisters of the Presentation of the
Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for
the Cinco de Mayo Fiesta, on May 9, 2015.
12. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley
Davidson, to be operated at Falls Park West (park area north of the Sioux Falls
Park and Recreation Office leading to Falls Park along Phillips Avenue) with a
north boundary of Falls Park Drive, south boundary to 8th Street, east boundary
to the chain link fence on the east side of Falls Park West (the street will be
closed on 6th Street from Dakota to Weber Avenues), and west boundary of
Dakota Avenue, for Hot Harley Nights, on July 11, 2015.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, February 17, 2015, at 7:00 p.m. for Items 13 through
19:
13. New 2015 Package Liquor License for Austad’s Golf Inc., Austad’s Golf to be
operated at 2801 East 10th Street (CUP not required).
14. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP,
Holiday Inn Express & Suites Southwest to be operated at 3821 West Avera
Drive (CUP not required).
15. New 2015 Retail Wine License for Kelly Midwest Ventures LP, Holiday Inn
Express & Suites Southwest to be operated at 3821 West Avera Drive (CUP not
required).
16. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP, La
Quinta Inn & Suites to be operated at 4521 West 41st Street (CUP not required).
17. New 2015 Retail Wine License for Kelly Midwest Ventures LP, La Quinta Inn &
Suites to be operated at 4521 West 41st Street (CUP not required).
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Area Community Foundation to be operated at DocuTap, 101 South
Phillips Avenue, Suite 300, for a fundraiser on February 27, 2015.
19. Special One-Day Wine License for Sioux Empire Safety Village to be operated at
Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on March 5,
2015.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
I.L. Wiedermann spoke about funding for a tennis court; Robert's Rules of Order;
Council members recusing themselves from discussions; the indoor aquatic center; and
the ambulance contract.
Charlie Roberts spoke regarding the indoor aquatic center, arrogance of the
administration, and questioned the funding for the aquatic center.
Jay Masur, MedStar Ambulance, spoke regarding the ambulance RFP process and that a
first reading should not be held tonight on the approval of an ambulance contract.
Scott Ehrisman talked about the skate park being utilized in January and the proper use
of snow gates.
Item 1 was heard at this time. See item for action taken.
UNFINISHED BUSINESS
20. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be
operated at 4721 East 26th Street (CUP not required).
21. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be
operated at 501 North Minnesota Avenue (CUP not required).
22. Transfer of 2014-15 Retail Malt Beverage License, with video lottery terminals,
from Isava Inc., Sneaky’s Chicken, 4211 West 12th Street to CSB Inc., The Keg,
4211 West 12th Street (Full service restaurant; CUP not required).
23. New 2015 Retail Wine License, with video lottery terminals, for CSB Inc., The
Keg to be operated at 4211 West 12th Street (Full service restaurant; CUP not
required).
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera
McKennan Foundation to be operated at Avera Behavioral Health, 4400 West
69th Street, for the Hearts in Healing fundraiser on February 7, 2015.
25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Catering America Inc., Chef Dominique’s Catering, to be operated at Orthopedic
Institute, 810 East 23rd Street, for a Vibra Healthcare Presentation on February
10, 2015.
26. Special One-Day Wine License for Marquette Council to be operated at Knights
of Columbus, 315 North Summit Avenue, for a fundraiser on February 14, 2015.
27. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be
operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for a
special event on February 14, 2015.
28. Special One-Day Wine License for the Democratic Forum to be operated at the
History Club, 758 South Phillips Avenue, for a fundraiser on February 12, 2015.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Christine M. Erickson to approve Items 20 through 28.
Vote to approve: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHWEST CORNER OF E. 26TH ST.
AND S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE
RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN
CONSERVATION DISTRICTS, PETITION NO.2045-2014, 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 Christine M. Erickson to adopt said Ordinance No. 5-15.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2024S. MAIN AVE. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-
FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO.2052-
2014, 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 adopt said Ordinance No. 6-15.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1624S. DOODLER DR. FROM THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION
NO.2055-2014, 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. 7-15.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1600 AND 1608 W. RUSSELL ST. FROM THE
C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO
THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO.2057-
2014, 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. 8-15. Council Member Greg Jamison
was excused from the meeting and the vote on this item.
Vote to adopt: Roll Call: Yeses, Dean Karsky, Rick Kiley, Rex Rolfing, Kermit L.
Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4804 AND4808S. LOUISE AVE. FROM THE
RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT,
PETITION NO.2058-2014, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Dean Karsky to adopt said Ordinance No. 9-15.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY EAST OF N. CLIFF AVE. AND SOUTH OF THE
BURLINGTON NORTHERN RAILROAD TRACKS FROM THE I-2 HEAVY
INDUSTRIAL DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—
TRADITIONAL, REC RECREATION, AND RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY DISTRICTS, PETITION NO.2056-2014,
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 Michelle Erpenbach to adopt said Ordinance No. 10-15.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for
Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REPEALING SECTIONS 95.085–95.091 OF THE CODE OF ORDINANCES
OF SAID CITY BY REPEALING THE SIOUX FALLS ICE AND
RECREATION CENTER BOARD.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday,
February 10, 2015, at 7:00 p.m. for Item 35.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex
Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle
Erpenbach, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS AND CLARIFYING
THE LIMITATIONS ON EXPENDITURE OF FUNDS AND CONTRACTING
AUTHORITY FOR CONSTRUCTION OF AN INDOOR AQUATICS
FACILITY AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”).
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, February 10,
2015, at 7:00 p.m. for Item 36.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex
Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle
Erpenbach, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for
Item 37:
37. 1st Reading: AN ORDINANCE APPROVING THE SURFACE AMBULANCE
SERVICE FRANCHISE AGREEMENT BETWEEN PARAMEDICS PLUS,
LLC AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH
AUTHORIZING THE MAYOR TO SIGN THE SAME.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at
7:00 p.m. for Item 37. Council Member Dean Karsky was excused from the meeting and
the vote on this item.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Rick Kiley, Rex Rolfing, Kenny
Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 6. Noes, Kermit L. Staggers,
1.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, February 17, 2015, at 7:00 p.m. for
Item 38:
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, February 17,
2015, at 7:00 p.m. for Item 38.
Vote to set a date: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex
Rolfing, Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle
Erpenbach, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
39. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY.
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Dean Karsky to adopt said Resolution No. 3-15.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kermit L. Staggers, Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 03-15
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A
SCULPTURE ON PUBLIC PROPERTY.
WHEREAS, the Sioux Falls Firefighters Benevolent Foundation, a private foundation, has
commissioned Sioux Falls sculpture artist Darwin Wolf to design and construct a bronze sculpture to
be known as “Timeless Vigilance”; and
WHEREAS, the sculpture depicts two firefighters and measures approximately 6' 5" in height, 5' 3"
in width, and 7' 2" in length; and
WHEREAS, the proposed site placement for the “Timeless Vigilance” sculpture be prominently
displayed in the future landscaped plaza area located south of the existing Sioux Falls Fire Rescue
(SFFR) Headquarters located at 2820 S. Minnesota Ave.; and
WHEREAS, the Sioux Falls Firefighters Benevolent Foundation, a private foundation, will be
responsible for all project costs associated with “Timeless Vigilance” sculpture production,
placement, and installation; and
WHEREAS, the completed sculpture will be donated to the City; and
WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor
exhibition of public art in Sioux Falls, SD; and
WHEREAS, the Sioux Falls Visual Arts Commission reviewed the proposed “Timeless Vigilance”
sculpture on December 18, 2014, and unanimously recommends approval for the placement of the
sculpture, as presented;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the “Timeless Vigilance” sculpture and its placement in the future landscaped plaza area located
south of the existing Sioux Falls Fire Rescue (SFFR) Headquarters located at 2820 S. Minnesota
Ave. be approved as recommended.
Date adopted: 02/02/15 .
Mike T. Huether
Mayor
ATTEST:
Lorie Hogstad
City Clerk
40. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. (ANNEXATION 2050-2014 - USF.).
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 4-15. Council Member
Kermit L. Staggers was excused from the meeting and the vote on this item.
Vote to adopt: Roll Call: Yeses, Greg Jamison, Dean Karsky, Rick Kiley, Rex Rolfing,
Kenny Anderson Jr., Christine M. Erickson, Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 04-15
ANNEXATION 2050-2014—USF
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed
with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with
the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be
included within the municipality;
WHEREAS, there has been an analysis completed in regard to the territory hereinafter described
and it has been found that:
1. The property has been properly described and is contiguous to the current city limits.
2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls
2035 Comprehensive Plan.
3. There is access to the major street network and adequate provision for municipal utilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the following described properties are and the same hereby are included within the
corporate limits of the city of Sioux Falls, Lincoln County, and the boundary of the city is hereby
extended to include such territory.
Tract A, Pike Addition, Section 13-100-R50W, all in Lincoln County, South Dakota
And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South
Dakota, a duly certified transcript of this resolution.
Date adopted: 02/02/15 .
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)
41. REPORT OF THE JANUARY 27, 2015, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
A motion was made by Council Member Kenny Anderson Jr. and seconded by Council
Member Rex Rolfing to adjourn at 8:36 p.m.
Mayor Huether called for a voice vote. All members 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
REGULAR MEETING OF Monday, February 2, 2015 at 7:00 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Greg Jamison
Council Member Dean Karsky
Council Member Rick Kiley
Council Member Rex Rolfing
Council Member Kermit L. Staggers
Council Member Kenny Anderson Jr.
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Mayor Mike T. Huether
INVOCATION
● Pastor David Edge, Zion Lutheran Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● National Wear Red Day - February 6, 2015
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● City Council Meeting of Tuesday, January 20, 2015, at 7:00 p.m.
● Informational Meeting of Tuesday, January 27, 2015, at 4:00 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the January 29, 2015 memo.
2. Approval of notice of change orders on the January 29, 2015 memo.
3. A memorandum dated January 20, 2015, declaring surplus property from 2014.
4. 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 beverage at the Great Plains Zoo, 805 South Kiwanis Avenue on
February 5, 12, 19 and 26, 2015, for the purpose of supporter and donor
appreciation events at the Zoo, pursuant to SDCL 35-1-5.5.
5. A communication was received from Avera McKennan Hospital requesting
permission to consume, but not sell, wine and malt beverages at Avera Prince of
Peace at 4513 Prince of Peace Place on Friday, May 15, 2015, from 5:00 p.m. to
8:00 p.m. pursuant to SDCL 35-1-5.5.
6. Report of Requests for Quotes for Fuel dated: January 15, 2015; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Howes Oil ($1.5090); Harms Oil ($1.5246);
CHS, Inc. and Olson Oil, both no bid. Bid awarded to: Howes Oil.
7. Report of Requests for Quotes for Fuel dated: January 15, 2015; #2 Dyed Diesel
Fuel; 7,500 gallons; Howes Oil ($1.5495); Harms Oil ($1.5765); CHS, Inc.,
Midwest Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil.
8. Report of Requests for Quotes for Fuel dated: January 21, 2015; #2 Clear Diesel;
7,500 gallons; Harms Oil ($2.028); CHS, Inc., Howes Oil, Midwest Oil, Petroleum
Traders Co., all no bid. Bid awarded to: Harms Oil.
9. Report of Requests for Quotes for Fuel dated: January 22, 2015; E-10 Unleaded
Ethanol / 87 Octane; 8,500 gallons; Howes Oil ($1.4925); Harms Oil ($1.5060);
CHS, Inc. ($1.5540); Olson Oil, no bid. Bid awarded to: Howes Oil.
10. Report of Request for Quotes for Fuel dated: January 23, 2015; #1 and #2 Dyed
Diesel Fuel; 7,500 gallons (3,750 gallons each #1 and #2); Harms Oil ($1.8350 #1
and $1.6460 #2); Howes Oil ($1.9100 #1 and $1.6500 #2); CHS, Inc., Midwest
Oil, Olson Oil, all no bid. Bid awarded to: Harms Oil.
APPLICATIONS
11. Special One-Day Malt Beverage License for Sisters of the Presentation of the
Blessed Virgin Mary to be operated at Falls Park, 305 East Falls Park Drive, for
the Cinco de Mayo Fiesta, on May 9, 2015.
12. Special One-Day Liquor License for Philanthropy Promotions Inc., J&L Harley
Davidson, to be operated at Falls Park West (park area north of the Sioux Falls
Park and Recreation Office leading to Falls Park along Phillips Avenue) with a
north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to
the chain link fence on the east side of Falls Park West (the street will be closed on
6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue,
for Hot Harley Nights, on July 11, 2015.
NOTICE OF HEARINGS
As your elected representatives, the City Council values your input and feedback. However,
the South Dakota Supreme Court has ruled that City Councilors may not engage in private
communications with persons when the City Council will act as a decision-maker on an
upcoming matter involving a license or a permit. In those instances, persons are encouraged
to provide written comments to the entire City Council or to provide oral comment at the
public meeting on that matter when it is considered by the entire City Council. Those who
provide comments should understand that their comments will become part of the official
record and subject to review by all parties and the public.
Set a date of hearing for Tuesday, February 17, 2015, at 7:00 p.m. for Item 13 through
Item 19:
13. New 2015 Package Liquor License for Austad’s Golf Inc., Austad’s Golf to be
operated at 2801 East 10th Street (CUP not required).
14. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP,
Holiday Inn Express & Suites Southwest to be operated at 3821 West Avera Drive
(CUP not required).
15. New 2015 Retail Wine License for Kelly Midwest Ventures LP, Holiday Inn
Express & Suites Southwest to be operated at 3821 West Avera Drive (CUP not
required).
16. New 2014-15 Retail Malt Beverage License for Kelly Midwest Ventures LP, La
Quinta Inn & Suites to be operated at 4521 West 41st Street (CUP not required).
17. New 2015 Retail Wine License for Kelly Midwest Ventures LP, La Quinta Inn &
Suites to be operated at 4521 West 41st Street (CUP not required).
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Sioux Falls Area Community Foundation to be operated at DocuTap, 101 South
Phillips Avenue, Suite 300, for a fundraiser on February 27, 2015.
19. Special One-Day Wine License for Sioux Empire Safety Village to be operated at
Vance Thompson Vision, 3101 West 57th Street, for a fundraiser on March 5,
2015.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
As your elected representatives, the City Council values your input and feedback. However,
the South Dakota Supreme Court has ruled that City Councilors may not engage in private
communications with persons when the City Council will act as a decision-maker on an
upcoming matter involving a license or a permit. In those instances, persons are encouraged
to provide written comments to the entire City Council or to provide oral comment at the
public meeting on that matter when it is considered by the entire City Council. Those who
provide comments should understand that their comments will become part of the official
record and subject to review by all parties and the public.
20. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be
operated at 4721 East 26th Street (CUP not required).
21. New 2015 Package Liquor License for Kum & Go LLC, Kum & Go to be
operated at 501 North Minnesota Avenue (CUP not required).
22. Transfer of 2014-15 Retail Malt Beverage License, with video lottery terminals,
from Isava Inc., Sneaky’s Chicken, 4211 West 12th Street to CSB Inc., The Keg,
4211 West 12th Street (Full service restaurant; CUP not required).
23. New 2015 Retail Wine License, with video lottery terminals, for CSB Inc., The
Keg to be operated at 4211 West 12th Street (Full service restaurant; CUP not
required).
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera
McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th
Street, for the Hearts in Healing fundraiser on February 7, 2015.
25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s Catering, to be operated at Orthopedic Institute,
810 East 23rd Street, for a Vibra Healthcare Presentation on February 10, 2015.
26. Special One-Day Wine License for Marquette Council to be operated at Knights of
Columbus, 315 North Summit Avenue, for a fundraiser on February 14, 2015.
27. Special One-Day Liquor License for Hy-Vee Inc., All Occasions by Hy-Vee to be
operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for a special
event on February 14, 2015.
28. Special One-Day Wine License for the Democratic Forum to be operated at the
History Club, 758 South Phillips Avenue, for a fundraiser on February 12, 2015.
INTRODUCTION AND ADOPTION OF ORDINANCES
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHWEST CORNER OF E. 26TH ST.
AND S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE
RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN
CONSERVATION DISTRICTS, PETITION NO. 2045-2014, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2024 S. MAIN AVE. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-
FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, PETITION NO. 2052-
2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1624 S. DOODLER DR. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, PETITION
NO. 2055-2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1600 AND 1608 W. RUSSELL ST. FROM THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO
THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 2057-
2014, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4804 AND 4808 S. LOUISE AVE. FROM THE
RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT,
PETITION NO. 2058-2014, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval.
34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY EAST OF N. CLIFF AVE. AND SOUTH OF THE
BURLINGTON NORTHERN RAILROAD TRACKS FROM THE I-2 HEAVY
INDUSTRIAL DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—
TRADITIONAL, REC RECREATION, AND RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY DISTRICTS, PETITION NO. 2056-2014,
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, February 10, 2015, at 7:00 p.m. for
Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REPEALING SECTIONS 95.085–95.091 OF THE CODE OF ORDINANCES
OF SAID CITY BY REPEALING THE SIOUX FALLS ICE AND
RECREATION CENTER BOARD.
Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS AND CLARIFYING THE
LIMITATIONS ON EXPENDITURE OF FUNDS AND CONTRACTING
AUTHORITY FOR CONSTRUCTION OF AN INDOOR AQUATICS
FACILITY AND ASSOCIATED SITE IMPROVEMENTS (THE “PROJECT”).
Set a date of hearing and 2nd Reading for Tuesday, February 10, 2015, at 7:00 p.m. for
Item 37:
37. 1st Reading: AN ORDINANCE APPROVING THE SURFACE AMBULANCE
SERVICE FRANCHISE AGREEMENT BETWEEN PARAMEDICS PLUS, LLC
AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH
AUTHORIZING THE MAYOR TO SIGN THE SAME.
Set a date of hearing and 2nd Reading for Tuesday, February 17, 2015, at 7:00 p.m. for
Item 38:
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY.
HEARINGS AND RESOLUTIONS
39. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY.
40. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. (ANNEXATION 2050-2014 - USF.).
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)
41. REPORT OF THE JANUARY 27, 2015, 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
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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