City Council Meeting
Regular MeetingSioux Falls, SD · June 7, 2016
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, June 7, 2016, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Mayor Mike T. Huether
INVOCATION
Pastor Dennis Thomas, Celebrate Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A request was made by Council Member Pat Starr to remove the following information from
Item 1 to the Regular Agenda for discussion purposes: Entertainment Venues, Project No.
13003, Washington Pavilion MEP Modifications, to award a bid, Krier & Blain, Inc., for
$620,000.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, May 17, 2016, at 4 p.m.
City Council Meeting of Tuesday, May 17, 2016, at 7 p.m.
Informational Meeting of Tuesday, May 24, 2016, at 4 p.m.
Joint City Council/Minnehaha County Commission Meeting of Tuesday, May 24, 2016,
at 5:01 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the June 1, 2016, memo.
A motion was made by Council Member Pat Starr and seconded by Council
Member Michelle Erpenbach to approve: Entertainment Venues, Project No. 13003,
Washington Pavilion MEP Modifications, To award a bid, Krier & Blain, Inc., for
$620,000.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
2. Approval of the notice of change orders on the June 2, 2016, memo.
3. A communication was received from Amanda Briggs, requesting permission to
consume, but not sell, beer, wine, and liquor at the Old Courthouse Museum, 200
W. 6th St. on Friday, October 21, 2106, pursuant to SDCL 35-1-5.5, for the
purpose of a wedding reception.
4. Report of Requests for Quotes for Fuel dated: May 11, 2016; E-10 Unleaded
Ethanol/87 Octane; 17,000 Gallons; Harms Oil ($1.6414); Howes Oil ($1.6570);
Cole's Petroleum ($1.6960); Stern Oil ($1.8375); CHS, Inc., Olson Oil, and Vollan
Oil, no bid. Bid awarded to: Harms Oil.
5. Report of Request for Quotes for Fuel dated: May 11, 2016; #2 Dyed Diesel Fuel;
7,500 gallons; Harms Oil ($1.4014); Howes Oil ($1.4015); Stern Oil ($1.4022);
Cole's Petroleum ($1.4125); CHS, Inc., Midwest Oil, Midway Service (Vollan),
Olson Oil, all no bid. Bid awarded to: Harms Oil.
6. Report of Request for Quote for Fuel dated: May 13, 2016; #2 Clear Diesel; 8,500
gallons; CHS, Inc. ($1.775); Harms Oil ($1.74); Howe's Oil and Midwest Oil, both
no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: May 17, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.7742); Cole's Petroleum
($1.7763); Stern Oil ($1.7765); Howes Oil ($1.8110); CHS, Inc. ($1.8290); Olson
Oil and Vollan Oil, both no bid. Bid awarded to: Harms Oil.
8. Report of Requests for Quotes for Fuel dated: May 20, 2016; #2 Dyed Diesel Fuel;
15,000 gallons; Stern Oil ($1.5229); Harms Oil ($1.5433); Cole's Petroleum
($1.5599); Howes Oil ($1.5625); CHS, Inc., Midwest Oil, Midway Service
(Vollan) and Olson Oil, all no bid. Bid awarded to: Stern Oil.
9. Report of Requests for Quotes for Fuel dated: May 23, 2016; Unleaded Ethanol;
491 gallons; Midway Service ($2.1631); Howes Oil ($2.1840); Stern Oil and
Cole's Petroleum, both no bid. Bid awarded to: Howe's Oil.
10. Report of Requests for Quotes for Fuel dated: May 23, 2016; Clear Diesel #1; 984
gallons; Midway Service ($1.9765); Howes Oil ($1.9500); Stern Oil and Cole's
Petroleum, both no bid. Bid awarded to: Howe's Oil.
11. Report of Requests for Quotes for Fuel dated: May 24, 2016; Unleaded Ethanol
and #2 Dyed Diesel; 3,000 gallons Unleaded/5,000 gallons #2 Diesel; Stern Oil
($1.8332 Unleaded/$1.5345 #2 Diesel); Harms Oil ($1.8340 Unleaded/$1.5562 #2
Diesel); Howes Oil ($1.8605 Unleaded/$1.5700 #2 Diesel); CHS Inc. ($1.8900
Unleaded/$1.6000 #2 Diesel); Midway (Vollan), Cole's Petroleum, and Olson Oil,
all no bid. Bid awarded to: Stern Oil.
12. Report of Requests for Quotes for Fuel dated: May 26, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.8106); Stern Oil ($1.8437);
Cole's Petroleum ($1.8440); Howe's Oil ($1.8635); CHS, Inc. ($1.8900); Olson
Oil, and Vollan Oil, both no bid. Bid awarded to: Harms Oil.
13. Report of Requests for Quotes for Fuel dated: May 26, 2016; #2 Clear Diesel;
8,500 gallons; CHS, Inc. ($1.909); Harms Oil ($1.8611); Howes Oil and Midwest
Oil, both no bid. Bid awarded to: Harms Oil.
14. Report for Requests for Quotes for Fuel dated: May 27, 2016; Unleaded Ethanol
and #2 Dyed Diesel; 3,000 Gallons Unleaded/5,000 gallons #2 Diesel; Cole's
Petroleum ($1.7920 Unleaded/$1.5485 #2 Diesel); Stern Oil ($1.8236
Unleaded/$1.5529 #2 Diesel); Harms Oil ($1.8194 Unleaded/$1.5742 #2 Diesel);
Howes Oil ($1.8435 Unleaded/$1.5885 #2 Diesel); CHS, Inc. ($1.8650
Unleaded/$1.6250 #2 Diesel); Midway (Vollan) Oil and Olson Oil, both no bid.
Bid awarded to: Cole's Petroleum.
APPLICATIONS
15. Special One-day Liquor license for Prairie Pasta Inc., Carino’s to be operated at
the Old Courthouse Museum, 200 West Sixth Street, for a wedding on July 16,
2016.
16. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2016-17 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit C.
The following abatements were recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
Items 17- 20: Owner-occupied status was removed. Applicant is requesting the
difference between the non owner-occupied and owner-occupied taxes payable for 2016:
17. Ryan Plucker, 130 N. Prairie Avenue, for 2015 property taxes in the amount of $
491.13.
18. Delores Butenschoen, 3701 N. 6th Avenue, for 2015 property taxes in the amount
of $ 477.04.
19. Brian Walberg, 2812 S. Cinnabar Circle, for 2015 property taxes in the amount of
$881.87.
20. Jason Bennett, 2308 S. Ollerich Avenue, for 2015 property taxes in the amount of
$793.15.
The following abatements were recommended for approval by the Director of
Equalization and the State's Attorney's Office for Lincoln County; and the City
Attorney for Sioux Falls:
21. Scott J. Lane, 1608 W. Thora Circle, for 2015 property taxes in the amount of
$1,836.46.
22. Charles B. and Gayle C. Hander, 5208 S. Prairie Circle Place, for 2015 property
taxes in the amount of $1,946.50.
The following abatement was recommended for denial by the Director of Equalization
and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux
Falls:
23. Kim R. Gross, 6112 S. Avalon Avenue, #205, for property taxes for 2015 in the
amount of $1,000 and 2016 in the amount of $1,000.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, June 21, 2016, at 7 p.m. for Items 24 through 37:
24. New 2016-17 Retail Malt Beverage license for Kellen Marson and Darci Fluit,
Wacko’s Comedy Club, 3224 East 10th Street (CUP not required).
25. New 2016 Retail Wine license for Kellen Marson and Darci Fluit, Wacko’s
Comedy Club, 3224 East 10th Street (CUP not required).
26. New 2016 Retail Wine license for Shadow Creek Spa, Southeastern Hair Design
and Day Spa, 1701 East 69th Street (CUP not required).
27. New 2016 Retail Wine license for Pinball Inc., Executive Casino, 2218 South
Minnesota Avenue (CUP not required).
28. New 2016-17 Retail Malt Beverage license for Mothershead LLC, Mama’s Phried
& Phillys, 111 ½ East Tenth Street (CUP not required).
29. New 2016 Retail Wine license for TJT Inc., Jokerz Casino, 2401 West 12th Street
with Conditional Use Permit (4482-2016) being approved on May 4, 2016.
30. New 2016-17 Retail Malt Beverage license for TJT Inc., Jokerz Casino, 2401
West 12th Street, with Conditional Use Permit (4482-2016) being approved on
May 4, 2016.
31. Request to include video lottery terminals with the New 2016-17 Retail Malt
Beverage license for TJT Inc., Jokers Casino, 2401 West 12th Street.
32. Transfer of 2016 Retail Liquor license, with Sunday sales and video lottery
terminals, from Commonwealth Gaming & Holdings Corp., Deuces 3, 5201 East
Arrowhead Parkway, to Commonwealth Gaming & Holdings Corp., Deuces 3,
5117 East Arrowhead Parkway with Conditional Use Permit (4148-2016) being
approved on March 2, 2016.
33. Transfer of 2016 Retail Liquor license, with Sunday sales and video lottery
terminals, from Sport Zone Inc., Rookies Sports Bar and Grill, 2616 South Louise
Avenue, to Hooks South Dakota Inc., Tanner’s Bar & Grill, 2616 South Louise
Avenue (CUP not required).
34. Special One-Day Liquor license for the Zoological Society Sioux Falls to be
operated at the Great Plains Zoo and Delbridge Museum of Natural History, 805
South Kiwanis Avenue, for the Jungle Jubilee on July 21, 2016.
35. Special One-Day Malt Beverage license for Tea Storm Chasers to be operated at
the Coliseum, 515 North Main Street, for a fundraiser on July 16, 2016.
36. Special One-Day Malt Beverage and Special One-Day Wine licenses for Catering
America, Chef Dominique’s to be operated at 101 South Main Avenue, Suite 100,
for a social on June 23, 2016.
37. Special One-Day Liquor license for IJK, Inc., Stogeez Cigar Lounge, to be
operated on Phillips Avenue between 10th & 11th Streets, for Stogeez Steakout on
July 30, 2016.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
Roger Elgersma spoke regarding open government. He also spoke about water quality.
Orville Lonneman spoke about a recent medical emergency and being told an ambulance
is unavailable.
John Nordlie spoke regarding the history and pride in the Oakville area.
Lori Wica spoke regarding the compatibility of zoning.
Steve Greenough spoke regarding the traffic flow problems and the safety of school
children; full traffic study.
Mike Macdonald spoke regarding drainage and snow removal issues.
Tony Burke spoke regarding speeding and safety issues.
Joy Shroeder spoke regarding having a voice in any proposed zoning changes in their
neighborhoods.
Pastor Dennis Thomas spoke about the bike trails and the dikes around the airport.
Robert Kolbe spoke regarding celebrities born in the 1940’s and being a part of “living
history”.
Steve Haugaard spoke regarding proposed amendments to City ordinance Section 39.
Dr. Allen Unruh spoke regarding proposed amendments to City Ordinance Section 39.
Scott Ehrisman spoke regarding the length of time given for public input.
David Zokaites spoke regarding police harassment.
Item 1 was heard at this time. See Item for action taken.
UNFINISHED BUSINESS
38. New 2016-17 Package Malt Beverage License for Jon Faulds, Jon Faulds’ Amoco,
3308 West Russell Street.
39. Transfer of 2016 Retail Wine License from New Tokyo Japanese Restaurant LLC,
New Tokyo Japanese Restaurant, 109 East 10th Street, to Oshima LLC, Oshima
Japanese Restaurant, 109 East 10th Street (CUP not required).
40. Transfer of 2015-16 Retail Malt Beverage License from New Tokyo Japanese
Restaurant LLC, New Tokyo Japanese Restaurant, 109 East 10th Street, to Oshima
LLC, Oshima Japanese Restaurant, 109 East 10th Street (CUP not required).
41. Renewal of 2016-17 Retail Malt Beverage License for Oshima LLC, Oshima
Japanese Restaurant, 109 East 10th Street.
42. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at Docutap, 101 South Phillips
Avenue, Suite 300, for an open house on June 15, 2016.
43. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at Avera Medical Plastic &
Reconstructive Surgery, 6215 South Cliff Avenue, Suite 110, for a social on June
28, 2016.
44. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering
America Inc., Chef Dominque’s to be operated at Brennan Rock & Roll Academy,
900 West 11th Street, for a class reunion on July 29, 2016.
45. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be
operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for wedding
receptions on June 25, July 2 and 9, September 3 and 24, 2016.
46. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2016-17 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit E.
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Michelle Erpenbach to approve Items 38 through 45.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Rick Kiley to approve Item 46.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 61-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHEAST CORNER OF E. 41ST ST.
AND S. SPARTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE
RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS,
PETITION NO. 4333-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-0).
A motion was made by Council Member Michelle Erpenbach and seconded by
Council Member Rick Kiley to adopt said Ordinance No. 62-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT SOUTHEAST CORNER OF W. 69TH ST. AND S.
BEAL AVE. FROM THE AG AGRICULTURE DISTRICT TO THE CN
CONSERVATION, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY,
LW LIVE/WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICTS, PETITION NO. 4342-2016, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 63-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 400 S. CLEVELAND AVE. FROM THE RD-1
TWIN HOME/DUPLEX—SUBURBAN DISTRICT TO THE O OFFICE
DISTRICT, PETITION NO. 4468-2016, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (5-0).
A motion was made by Council Member Christine M. Erickson and seconded by
Council Member Michelle Erpenbach to adopt said Ordinance No. 64-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY NORTH AND SOUTH OF W. 65TH ST. AND EAST
OF S. TEA/ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE
RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION
NO. 4475-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).
A motion was made by Council Member Christine M. Erickson and seconded by
Council Member Greg Neitzert to adopt said Ordinance No. 65-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY SOUTH OF E. 57TH ST. AND WEST OF S.
GRAYSTONE AVE. FROM THE LW LIVE/WORK DISTRICT TO THE CN
CONSERVATION DISTRICT, PETITION NO. 4481-2016, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
A motion was made by Council Member Christine M. Erickson and seconded by
Council Member Michelle Erpenbach to adopt said Ordinance No. 66-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3301 S. GARFIELD AVE. FROM THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT
INCLUDING CONDITIONS AS ALLOWED IN SECTION 160.650 (e)
PLACING LIMITATIONS ON REGULATIONS WITHIN THE RE2 AND RE3
FORM, PETITION NO. 4485-2016, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (5-0) with the following condition: principle and accessory
uses within the RE2 and RE3 Form be limited to “Accessory off-site parking”.
A motion was made by Council Member Michelle Erpenbach and seconded by
Council Member Christine M. Erickson to adopt said Ordinance No. 67-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1400 N. CLEVELAND AVE. FROM THE RD-1
TWIN HOME/DUPLEX—SUBURBAN DISTRICT TO THE I-1 LIGHT
INDUSTRIAL DISTRICT, PETITION NO. 4494-2016, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 68-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, June 21, 2016, at 7 p.m. for Item 55:
55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING
ONE LEGAL DESCRIPTION TO SECTION 37.038, PROVIDING FOR RURAL
SERVICE DISTRICT LANDS.
A motion was made by Council Member Pat Starr and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, June 21,
2016, at 7 p.m. for Item 55.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
56. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF BEAL II ADDITION. Planning Commission
recommends approval (5-0).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 46-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 46-16
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF BEAL II ADDITION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of BEAL II ADDITION to the City of Sioux Falls, Lincoln County,
SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to
endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
57. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF MAJESTIC MEADOWS ADDITION. The Planning
Commission recommends approval (5-0).
A motion was made by Council Member Rick Kiley and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 47-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 47-16
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF MAJESTIC MEADOWS ADDITION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of MAJESTIC MEADOWS ADDITION to the City of Sioux Falls,
Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is
hereby directed to endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
58. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF JEPSON'S ADDITION. The Planning Commission
recommends approval (5-0).
A motion was made by Council Member Theresa Stehly and seconded by Council
Member Christine M. Erickson to adopt said Resolution No. 48-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 48-16
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF JEPSON'S ADDITION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of JEPSON'S ADDITION to the City of Sioux Falls, Lincoln County,
SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to
endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
59. A RESOLUTION ABATING STORM DRAINAGE AND STREET
MAINTENANCE FEES ON PARCEL NO. 53472.
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 49-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 49-16
A RESOLUTION ABATING STORM DRAINAGE AND STREET MAINTENANCE FEES ON
PARCEL NO. 53472.
WHEREAS, the Minnehaha County Historical Society owns Tract 4 of the SE¼ of Section 4,
T101N, R49W of the 5th P.M., Minnehaha County, SD (Parcel No. 53472); and
WHEREAS, the property consists of Parcel No. 53472; and
WHEREAS, Three Hundred Feet (300') of the property fronts N. North Dr. which is a City-
maintained road; and
WHEREAS, Section 51.100 of the Code of Ordinances of Sioux Falls, SD, authorizes the City of
Sioux Falls to establish storm drainage charges against real property within the City for the
operation, maintenance, and capital expenses of the storm drainage system and the City has, in
fact, established and charged such drainage system fees; and
WHEREAS, Section 96.033 of the Code of Ordinances of Sioux Falls, SD, authorizes the City to
establish annual street maintenance charges against real property within the City for maintaining
or repairing street surfacing or pavement and drainage system and the City has, in fact,
established and charged such street maintenance fees; and
WHEREAS, Twenty-One Dollars and Forty-Nine Cents ($21.49) in storm drainage fees were
assessed against Parcel No. 53472 for the 2015 taxes due in 2016; and
WHEREAS, Three Hundred Dollars and No Cents ($300.00) in front foot assessments were
assessed against Parcel No. 53472 for the 2015 taxes due in 2016; and
WHEREAS, Section 37.150 of the Code of Ordinances of Sioux Falls, SD, authorizes the City
Council to abate or refund any part of a tax if the City Council is satisfied beyond a doubt that
the assessment of real property described in the application for abatement or refund is invalid,
inequitable, or unjust if the request is filed no later than the 1st day of November of the fourth
year after which such assessment would have been delinquent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City Council is satisfied beyond a doubt that the storm drainage and street maintenance fees
imposed against Parcel No. 53472 were invalid, inequitable, or unjust for the tax year 2015 due
in 2016; and
Twenty-One Dollars and Forty-Nine Cents ($21.49) in storm drainage fees were assessed against
Parcel No. 53472 for the 2015 taxes due in 2016 and were charged to the Minnehaha County
Historical Society that have been assessed but remain unpaid are to be abated; and
Three Hundred Dollars and No Cents ($300.00) in front foot assessments were assessed against
Parcel No. 53472 for the 2015 taxes due in 2016 and were charged to the Minnehaha County
Historical Society that have been assessed but remain unpaid are to be abated; and
A total abatement of Three Hundred Twenty-One Dollars and Forty-Nine Cents ($321.49)
assessed to the Minnehaha County Historical Society for Parcel No. 53472 shall be abated
pursuant to Section 37.150 of the Code of Ordinances of Sioux Falls, SD, because the
aforementioned assessments were invalid, inequitable, or unjust.
The City Clerk shall file a certified copy with the Minnehaha County Treasurer.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
60. A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENT
FOR STREET MAINTENANCE FEES AT PARCEL NO. 57650.
A motion was made by Council Member Michelle Erpenbach and seconded by
Council Member Christine M. Erickson to adopt said Resolution No. 50-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 50-16
A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENT FOR
STREET MAINTENANCE FEES AT PARCEL NO. 57650.
WHEREAS, City records show that Roy W. Zahrenhusen and Valerie Jean Rea own the
following property in full or in part for all relevant times herein:
N½ of vacated E. 5th St. lying E of Omaha Ave. and adjacent to Lot 13; and all of Lot
13, except the W 387' of the S 100' thereof, in Lots 11, 12, 13, 14, County Auditor’s
Subdivision of Tract 1, County Auditor’s Subdivision of the NE¼ of Section 15,
T101N-R49W of the 5th P.M., Minnehaha County, SD (Parcel No. 57650); and
WHEREAS, the street address of the property is 2300 E. 5th St., Sioux Falls, SD. The property
consists of Parcel No. 57650; and
WHEREAS, the parcel fronts unimproved right-of-way which is not a City-maintained road; and
WHEREAS, Section 96.033 of the Code of Ordinances of Sioux Falls, SD, authorizes the City to
establish annual street maintenance charges against real property within the City for maintaining
or repairing street surfacing or pavement and drainage system, and the City has, in fact,
established and charged such street maintenance fees; and
WHEREAS, at all relevant times herein, the City Council has levied a special front foot
assessment of $1.00 per front foot upon the lots fronting and abutting the streets; and
WHEREAS, Seventy Dollars and No Cents ($70.00) was assessed against Parcel No. 57650 for
the 2015 taxes due in 2016; and
WHEREAS, Section 37.150 of the Code of Ordinances of Sioux Falls, SD, authorizes the City
Council to abate or refund all or any part of a tax in excess of a valid, just, fair, and equitable
assessment if the City Council is satisfied beyond a doubt that the assessment of real property
described in the application for abatement or refund is invalid, inequitable, or unjust if the
request is filed no later than the 1st day of November of the fourth year after which such
assessment would have been delinquent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City Council is satisfied beyond a doubt that the front foot assessment imposed against
current Parcel No. 57650 is invalid, inequitable, or unjust; and
The front foot assessment of Seventy Dollars and No Cents ($70.00) imposed against Parcel
No. 57650 for the 2015 tax year due in 2016 is herein to be abated; and
A refund of Seventy Dollars and No Cents ($70.00) shall be refunded to Roy W. Zahrenhusen
and Valerie Jean Rea pursuant to Section 37.150 of the Code of Ordinances of Sioux Falls, SD,
because the aforementioned assessment was invalid, inequitable, or unjust.
The City Clerk shall file a certified copy with the Minnehaha County Treasurer.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
61. A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENT
FOR STREET MAINTENANCE FEES AT PARCEL NO. 57651.
A motion was made by Council Member Michelle Erpenbach and seconded by
Council Member Pat Starr to adopt said Resolution No. 51-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 51-16
A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENT FOR
STREET MAINTENANCE FEES AT PARCEL NO. 57651.
WHEREAS, City records show that Valerie Jean and Carlyle Rea own the following property in
full or in part for all relevant times herein:
The E 221.50' of the W 387.00' of the S 100' of Lot 13 in Lots 11, 12, 13, 14, County
Auditor’s Subdivision of Tract 1, County Auditor’s Subdivision of the Northeast
Quarter (NE¼) of Section 15, T101N, R49W, Minnehaha County, SD (Parcel
No. 57651); and
WHEREAS, the street address of the property is 2200 E. 5th St., Sioux Falls, SD. The property
consists of Parcel No. 57651; and
WHEREAS, the parcel fronts unimproved right-of-way which is not a City-maintained road; and
WHEREAS, Section 96.033 of the Code of Ordinances of Sioux Falls, SD, authorizes the City to
establish annual street maintenance charges against real property within the City for maintaining
or repairing street surfacing or pavement and drainage system, and the City has, in fact,
established and charged such street maintenance fees; and
WHEREAS, at all relevant times herein, the City Council has levied a special front foot
assessment of $1.00 per front foot upon the lots fronting and abutting the streets; and
WHEREAS, Two Hundred Twenty-Two Dollars and No Cents ($222.00) was assessed against
Parcel No. 57651 for the 2015 taxes due in 2016; and
WHEREAS, Section 37.150 of the Code of Ordinances of Sioux Falls, SD, authorizes the City
Council to abate or refund all or any part of a tax in excess of a valid, just, fair, and equitable
assessment if the City Council is satisfied beyond a doubt that the assessment of real property
described in the application for abatement or refund is invalid, inequitable, or unjust if the
request is filed no later than the 1st day of November of the fourth year after which such
assessment would have been delinquent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City Council is satisfied beyond a doubt that the front foot assessment imposed against
current Parcel No. 57651 is invalid, inequitable, or unjust; and
The front foot assessment of Two Hundred Twenty-Two Dollars and No Cents ($222.00)
imposed against Parcel No. 57651 for the 2015 tax year due in 2016 is herein to be abated; and
A refund of Two Hundred Twenty-Two Dollars and No Cents ($222.00) shall be refunded to
Valerie Jean and Carlyle Rea pursuant to Section 37.150 of the Code of Ordinances of Sioux
Falls, SD, because the aforementioned assessment was invalid, inequitable, or unjust.
The City Clerk shall file a certified copy with the Minnehaha County Treasurer.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
62. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS
OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS
AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE
OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND
CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON.
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 52-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 52-16
A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE
ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING
AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF
SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE
IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD
THEREON.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and
every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th
Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining,
planting, and otherwise improving and caring for the center parkways and boulevard on 21st St.
from Phillips Ave. to 7th Ave. in the city of Sioux Falls.
Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and
fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of
eighty-five cents ($.85) per front foot for the year 2017.
Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county
auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for
general purposes.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
63. A RESOLUTION APPROVING A JOINT COOPERATIVE AGREEMENT
WITH THE STATE OF SOUTH DAKOTA.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 53-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 53-16
A RESOLUTION APPROVING A JOINT COOPERATIVE AGREEMENT WITH THE
STATE OF SOUTH DAKOTA.
WHEREAS, the City of Sioux Falls and the South Dakota Bureau of Information &
Telecommunications desire to enter into a joint cooperative agreement for an equipment
building;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the agreement entitled “Joint Cooperative Agreement for an Equipment Building,” which is
attached hereto and made a part of this Resolution, is hereby approved.
That the Mayor is authorized to execute such Agreement after it is ratified and executed by the
South Dakota Bureau of Information & Telecommunications.
The City shall publish this Resolution, without attachment, after its passage. The attachment is
on file and available for inspection in the Office of the City Clerk.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
64. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
Annexation 4273-2016—Seubert’s Tract 1 (W. 77th St. and S. Louise Ave.)
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 54-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 54-16
ANNEXATION 4273-2016—Seubert’s Tract 1 (W. 77th St. and S. Louise Ave.)
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
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 along S. Louise Ave. and adequate provisions for
municipal utilities with existing water. The following condition shall apply:
a. If the property is redeveloped, a larger service than 1 inch will be required to be installed
to the City main; exact size will depend on development and engineering standards at the
time of development.
4. Sewer is currently within close proximity to the existing parcel and the following condition
shall apply:
a. Property will not be issued a notice to connect to the sewer system and will be allowed to
remain on septic as long as the following conditions are applicable:
i. Septic system is working properly and there are no health risks associated with
continued operation.
ii. The property isn’t sold to a new owner, redeveloped, or converted to a rental unit.
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.
Seubert’s Tract 1, except Lot H-1, in the SW1/4 of Section 16, Township 100N,
Range 50W of the 5th P.M., including adjacent S. Louise Ave. right-of-way, Lincoln
County, SD.
And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a
duly certified transcript of this resolution.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
65. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN
THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION
3455-2015—Reiter/Webber Land (E. 57th St. and S. Southeastern Ave.)
A motion was made by Council Member Pat Starr and seconded by Council
Member Rex Rolfing to defer this Item to the City Council Meeting on Tuesday,
June 21, 2016, at 7 p.m.
Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
66. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TO ESTABLISH A
PREANNEXATION AGREEMENT WITH THE HAYES ADDITION
RESIDENTS. (69th and Southeastern).
A motion was made by Council Member Michelle Erpenbach and seconded by
Council Member Rick Kiley to defer this item to the City Council Meeting on
Tuesday, June 21, 2016, at 7 p.m.
Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
67. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF
GOVERNMENTS (SECOG) BOARD OF DIRECTORS AND URBANIZED
DEVELOPMENT COMMISSION (UDC).
A motion was made by Council Member Christine M. Erickson and seconded by
Council Member Rick Kiley to adopt said Resolution No. 55-16.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert,
Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 55-16
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD
OF DIRECTORS AND URBANIZED DEVELOPMENT COMMISSION (UDC).
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following City Council appointments:
Name Board Term
Greg Neitzert SECOG Appointed for a term from June 2016 until June 2017.
Pat Starr SECOG Appointed for a term from June 2016 until June 2017.
Jim David SECOG Appointed for a term from June 2016 until June 2017,
as an alternate.
Rick Kiley UDC Appointed for a term from June 2016 until June 2017.
Rex Rolfing UDC Appointed for a term from June 2016 until June 2017.
Marshall Selberg UDC Appointed for a term from June 2016 until June 2017.
Pat Starr UDC Appointed for a term from June 2016 until June 2017.
David Bixler and UDC Appointed for a term from June 2016 until June 2017,
Jim David as alternates.
Date adopted: 06/07/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
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)
68. REPORT OF THE MAY 27, 2016, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
A motion was made by Council Member Greg Neitzert and seconded by Council Member
Christine M. Erickson to adjourn the meeting at 8:58 p.m. Mayor Huether called for a voice
vote. All members voted yes.
Motion Passed.
Tamara Jorgensen, MMC
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, June 7, 2016 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Mayor Mike T. Huether
INVOCATION
● Pastor Dennis Thomas, Celebrate Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, May 17, 2016, at 4 p.m.
● City Council Meeting of Tuesday, May 17, 2016, at 7 p.m.
● Informational Meeting of Tuesday, May 24, 2016, at 4 p.m.
● Joint City Council/Minnehaha County Commission Meeting of Tuesday, May 24,
2016, at 5:01 p.m.
COMMUNICATIONS
`
1. Approval of contracts/agreements on the June 2, 2016, memo.
2. Approval of the notice of change orders on the June 2, 2016, memo.
3. A communication was received from Amanda Briggs, requesting permission to
consume, but not sell, beer, wine, and liquor at the Old Courthouse Museum, 200
W. 6th St. on Friday, October 21, 2106, pursuant to SDCL 35-1-5.5, for the
purpose of a wedding reception.
4. Report of Requests for Quotes for Fuel dated: May 11, 2016; E-10 Unleaded
Ethanol/87 Octane; 17,000 Gallons; Harms Oil ($1.6414); Howes Oil ($1.6570);
Cole's Petroleum ($1.6960); Stern Oil ($1.8375); CHS, Inc., Olson Oil, and Vollan
Oil, all no bid. Bid awarded to: Harms Oil.
5. Report of Request for Quotes for Fuel dated: May 11, 2016; #2 Dyed Diesel Fuel;
7,500 gallons; Harms Oil ($1.4014); Howes Oil ($1.4015); Stern Oil ($1.4022);
Cole's Petroleum ($1.4125); CHS, Inc., Midwest Oil, Midway Service (Vollan),
Olson Oil, all no bid. Bid awarded to: Harms Oil.
6. Report of Request for Quote for Fuel dated: May 13, 2016; #2 Clear Diesel; 8,500
gallons; CHS, Inc. ($1.775); Harms Oil ($1.74); Howe's Oil and Midwest Oil, both
no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: May 17, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.7742); Cole's Petroleum
($1.7763); Stern Oil ($1.7765); Howes Oil ($1.8110); CHS, Inc. ($1.8290); Olson
Oil and Vollan Oil, both no bid. Bid awarded to: Harms Oil.
8. Report of Requests for Quotes for Fuel dated: May 20, 2016; #2 Dyed Diesel Fuel;
15,000 gallons; Stern Oil ($1.5229); Harms Oil ($1.5433); Cole's Petroleum
($1.5599); Howes Oil ($1.5625); CHS, Inc., Midwest Oil, Midway Service
(Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil.
9. Report of Requests for Quotes for Fuel dated: May 23, 2016; Unleaded Ethanol;
491 gallons; Midway Service ($2.1631); Howes Oil ($2.1840); Stern Oil and
Cole's Petroleum, both no bid. Bid awarded to: Howe's Oil.
10. Report of Requests for Quotes for Fuel dated: May 23, 2016; Clear Diesel #1; 984
gallons; Midway Service ($1.9765); Howes Oil ($1.9500); Stern Oil and Cole's
Petroleum, both no bid. Bid awarded to: Howe's Oil.
11. Report of Requests for Quotes for Fuel dated: May 24, 2016; Unleaded Ethanol
and #2 Dyed Diesel; 3,000 gallons Unleaded/5,000 gallons #2 Diesel; Stern Oil
($1.8332 Unleaded/$1.5345 #2 Diesel); Harms Oil ($1.8340 Unleaded/$1.5562 #2
Diesel); Howes Oil ($1.8605 Unleaded/$1.5700 #2 Diesel); CHS Inc. ($1.8900
Unleaded/$1.6000 #2 Diesel); Midway (Vollan), Cole's Petroleum, and Olson Oil,
all no bid. Bid awarded to: Stern Oil.
12. Report of Requests for Quotes for Fuel dated: May 26, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.8106); Stern Oil ($1.8437);
Cole's Petroleum ($1.8440); Howe's Oil ($1.8635); CHS, Inc. ($1.8900); Olson
Oil, and Vollan Oil, both no bid. Bid awarded to: Harms Oil.
13. Report of Requests for Quotes for Fuel dated: May 26, 2016; #2 Clear Diesel;
8,500 gallons; CHS, Inc. ($1.909); Harms Oil ($1.8611); Howes Oil and Midwest
Oil, both no bid. Bid awarded to: Harms Oil.
14. Report for Requests for Quotes for Fuel dated: May 27, 2016; Unleaded Ethanol
and #2 Dyed Diesel; 3,000 Gallons Unleaded/5,000 gallons #2 Diesel; Cole's
Petroleum ($1.7920 Unleaded/$1.5485 #2 Diesel); Stern Oil ($1.8236
Unleaded/$1.5529 #2 Diesel); Harms Oil ($1.8194 Unleaded/$1.5742 #2 Diesel);
Howes Oil ($1.8435 Unleaded/$1.5885 #2 Diesel); CHS, Inc. ($1.8650
Unleaded/$1.6250 #2 Diesel); Midway (Vollan) Oil and Olson Oil, both no bid.
Bid awarded to: Cole's Petroleum.
APPLICATIONS
15. Special One-day Liquor license for Prairie Pasta Inc., Carino’s to be operated at
the Old Courthouse Museum, 200 West Sixth Street, for a wedding on July 16,
2016.
16. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2016-17 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit C.
The following abatements were recommended for approval by the Director of
Equalization and the State's Attorney's Office for Minnehaha County; and the City
Attorney for Sioux Falls:
Items 17- 20: Owner-occupied status was removed. Applicant is requesting the
difference between the non owner-occupied and owner-occupied taxes payable for 2016:
17. Ryan Plucker, 130 N. Prairie Avenue, for 2015 property taxes in the amount of
$491.13.
18. Delores Butenschoen, 3701 N. 6th Avenue, for 2015 property taxes in the amount
of $477.04.
19. Brian Walberg, 2812 S. Cinnabar Circle, for 2015 property taxes in the amount of
$881.87.
20. Jason Bennett, 2308 S. Ollerich Avenue, for 2015 property taxes in the amount of
$793.15.
The following abatements were recommended for approval by the Director of
Equalization and the State's Attorney's Office for Lincoln County; and the City
Attorney for Sioux Falls:
21. Scott J. Lane, 1608 W. Thora Circle, for 2015 property taxes in the amount of
$1,836.46.
22. Charles B. and Gayle C. Hander, 5208 S. Prairie Circle Place, for 2015 property
taxes in the amount of $1,946.50.
The following abatements were recommended for denial by the Director of Equalization
and the State's Attorney's Office for Lincoln County; and the City Attorney for Sioux
Falls:
23. Kim R. Gross, 6112 S. Avalon Avenue, #205, for property taxes for 2015 in the
amount of $1,000 and 2016 in the amount of $1,000.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, June 21, 2016, at 7 p.m. for Items 24 through 37:
24. New 2016-17 Retail Malt Beverage license for Kellen Marson and Darci Fluit,
Wacko’s Comedy Club, 3224 East 10th Street (CUP not required).
25. New 2016 Retail Wine license for Kellen Marson and Darci Fluit, Wacko’s
Comedy Club, 3224 East 10th Street (CUP not required).
26. New 2016 Retail Wine license for Shadow Creek Spa, Southeastern Hair Design
and Day Spa, 1701 East 69th Street (CUP not required).
27. New 2016 Retail Wine license for Pinball Inc., Executive Casino, 2218 South
Minnesota Avenue (CUP not required).
28. New 2016-17 Retail Malt Beverage license for Mothershead LLC, Mama’s Phried
& Phillys, 111 ½ East Tenth Street (CUP not required).
29. New 2016 Retail Wine license for TJT Inc., Jokerz Casino, 2401 West 12th Street
with Conditional Use Permit (4482-2016) being approved on May 4, 2016.
30. New 2016-17 Retail Malt Beverage license for TJT Inc., Jokerz Casino, 2401
West 12th Street, with Conditional Use Permit (4482-2016) being approved on
May 4, 2016.
31. Request to include video lottery terminals with the New 2016-17 Retail Malt
Beverage license for TJT Inc., Jokers Casino, 2401 West 12th Street.
32. Transfer of 2016 Retail Liquor license, with Sunday sales and video lottery
terminals, from Commonwealth Gaming & Holdings Corp., Deuces 3, 5201 East
Arrowhead Parkway, to Commonwealth Gaming & Holdings Corp., Deuces 3,
5117 East Arrowhead Parkway with Conditional Use Permit (4148-2016) being
approved on March 2, 2016.
33. Transfer of 2016 Retail Liquor license, with Sunday sales and video lottery
terminals, from Sport Zone Inc., Rookies Sports Bar and Grill, 2616 South Louise
Avenue, to Hooks South Dakota Inc., Tanner’s Bar & Grill, 2616 South Louise
Avenue (CUP not required).
34. Special One-Day Liquor license for the Zoological Society Sioux Falls to be
operated at the Great Plains Zoo and Delbridge Museum of Natural History, 805
South Kiwanis Avenue, for the Jungle Jubilee on July 21, 2016.
35. Special One-Day Malt Beverage license for Tea Storm Chasers to be operated at
the Coliseum, 515 North Main Street, for a fundraiser on July 16, 2016.
36. Special One-Day Malt Beverage and Special One-Day Wine licenses for Catering
America, Chef Dominique’s to be operated at 101 South Main Avenue, Suite 100,
for a social on June 23, 2016.
37. Special One-Day Liquor license for IJK, Inc., Stogeez Cigar Lounge, to be
operated on Phillips Avenue between 10th & 11th Streets, for Stogeez Steakout on
July 30, 2016.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
38. New 2016-17 Package Malt Beverage License for Jon Faulds, Jon Faulds’ Amoco,
3308 West Russell Street.
39. Transfer of 2016 Retail Wine License from New Tokyo Japanese Restaurant LLC,
New Tokyo Japanese Restaurant, 109 East 10th Street, to Oshima LLC, Oshima
Japanese Restaurant, 109 East 10th Street (CUP not required).
40. Transfer of 2015-16 Retail Malt Beverage License from New Tokyo Japanese
Restaurant LLC, New Tokyo Japanese Restaurant, 109 East 10th Street, to Oshima
LLC, Oshima Japanese Restaurant, 109 East 10th Street (CUP not required).
41. Renewal of 2016-17 Retail Malt Beverage License for Oshima LLC, Oshima
Japanese Restaurant, 109 East 10th Street.
42. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at Docutap, 101 South Phillips
Avenue, Suite 300, for an open house on June 15, 2016.
43. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at Avera Medical Plastic &
Reconstructive Surgery, 6215 South Cliff Avenue, Suite 110, for a social on June
28, 2016.
44. Special One-Day Malt Beverage and One-Day Wine Licenses for Catering
America Inc., Chef Dominque’s to be operated at Brennan Rock & Roll Academy,
900 West 11th Street, for a class reunion on July 29, 2016.
45. Special One-Day Liquor Licenses for Hy-Vee Inc., All Occasions by Hy-Vee to be
operated at The Point is to Serve Church, 506 North Kiwanis Avenue, for wedding
receptions on June 25, July 2 and 9, September 3 and 24, 2016.
46. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2016-17 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit E.
INTRODUCTION AND ADOPTION OF ORDINANCES
47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE 2013 SHAPE PLACES ZONING ORDINANCE OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (6-0).
48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHEAST CORNER OF E. 41ST ST.
AND S. SPARTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE
RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS,
PETITION NO. 4333-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-0).
49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT SOUTHEAST CORNER OF W. 69TH ST. AND S.
BEAL AVE. FROM THE AG AGRICULTURE DISTRICT TO THE CN
CONSERVATION, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY,
LW LIVE/WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICTS, PETITION NO. 4342-2016, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 400 S. CLEVELAND AVE. FROM THE RD-1
TWIN HOME/DUPLEX—SUBURBAN DISTRICT TO THE O OFFICE
DISTRICT, PETITION NO. 4468-2016, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (5-0).
51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY NORTH AND SOUTH OF W. 65TH ST. AND EAST
OF S. TEA/ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE
RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION
NO. 4475-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (5-0).
52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY SOUTH OF E. 57TH ST. AND WEST OF S.
GRAYSTONE AVE. FROM THE LW LIVE/WORK DISTRICT TO THE CN
CONSERVATION DISTRICT, PETITION NO. 4481-2016, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3301 S. GARFIELD AVE. FROM THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT
INCLUDING CONDITIONS AS ALLOWED IN SECTION 160.650 (e)
PLACING LIMITATIONS ON REGULATIONS WITHIN THE RE2 AND RE3
FORM, PETITION NO. 4485-2016, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (5-0) with the following condition: principle and accessory
uses within the RE2 and RE3 Form be limited to “Accessory off-site parking”.
54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1400 N. CLEVELAND AVE. FROM THE RD-1
TWIN HOME/DUPLEX—SUBURBAN DISTRICT TO THE I-1 LIGHT
INDUSTRIAL DISTRICT, PETITION NO. 4494-2016, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
Set a date of hearing and 2nd Reading for Tuesday, June 21, 2016, at 7 p.m. for Item 55:
55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING
ONE LEGAL DESCRIPTION TO SECTION 37.038, PROVIDING FOR RURAL
SERVICE DISTRICT LANDS.
HEARINGS AND RESOLUTIONS
56. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF BEAL II ADDITION. Planning Commission
recommends approval (5-0).
57. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF MAJESTIC MEADOWS ADDITION. Planning
Commission recommends approval (5-0).
58. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF JEPSON'S ADDITION. Planning Commission
recommends approval (5-0).
59. A RESOLUTION ABATING STORM DRAINAGE AND STREET
MAINTENANCE FEES ON PARCEL NO. 53472.
60. A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENT
FOR STREET MAINTENANCE FEES AT PARCEL NO. 57650.
61. A RESOLUTION ABATING AND REFUNDING FRONT FOOT ASSESSMENT
FOR STREET MAINTENANCE FEES AT PARCEL NO. 57651.
62. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS
OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS
AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE
OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND
CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON.
63. A RESOLUTION APPROVING A JOINT COOPERATIVE AGREEMENT
WITH THE STATE OF SOUTH DAKOTA.
64. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
Annexation 4273-2016—Seubert’s Tract 1 (W. 77th St. and S. Louise Ave.)
65. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
ANNEXATION 3455-2015—Reiter/Webber Land (E. 57th St. and S.
Southeastern Ave.)
66. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TO ESTABLISH A
PREANNEXATION AGREEMENT WITH THE HAYES ADDITION
RESIDENTS. (69th and Southeastern).
67. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF
GOVERNMENTS (SECOG) BOARD OF DIRECTORS AND URBANIZED
DEVELOPMENT COMMISSION (UDC).
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)
68. REPORT OF THE MAY 27, 2016, 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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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.
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UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL
PARTIES AND THE PUBLIC.
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 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
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LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 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.
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