City Council Meeting
Regular MeetingSioux Falls, SD · August 16, 2016
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, August 16, 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 Wade Coffey, Celebrate Community Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Pat Starr and seconded by Council Member
Michelle Erpenbach to approve the Consent Agenda.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to amend Item 1 by removing project numbers: 11080,
North Marion Road Grading and Utility improvements; Agreement for professional
services and 11063, 12th Street Bridge Replacement; Amendment to professional
services agreement.
Vote to amend: 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.
Vote to approve as amended: 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
Budget Hearings Meeting of Tuesday, August 9, 2016, at 3 p.m.
City Council Meeting of Tuesday, August 9, 2016, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the August 12, 2016, memo.
2. Approval of the notice of change orders on the August 12, 2016, memo.
3. Report of Requests for Quotes for Fuel dated: August 1, 2016; #2 Clear Diesel;
7,500 gallons; CHS, Inc. ($1.7099); Harms Oil ($1.6682); Howes Oil and Midwest
Oil, both no bid. Bid awarded to: Harms Oil.
4. Report of Requests for Quotes for Fuel dated: August 2, 2016; #2 Dyed Diesel;
3,000 gallons; Howes Oil ($1.549); Midwest Oil ($1.679); Midway Service
($1.490). Bid awarded to: Midway Service.
5. Report of Requests for Quotes for Fuel dated: August 4, 2016; #2 Dyed Diesel;
7,500 gallons; Harms Oil ($1.4058); Stern Oil ($1.4109); Cole’s Petroleum
($1.4112); CHS, Inc. ($1.4475); Howes Oil, Midwest Oil, Midway Service
(Vollan), and Olson Oil, all no bid. Bid awarded to: Harms Oil.
6. Report of Requests for Quotes for Fuel dated: August 4, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.6575); Stern Oil ($1.6641);
Cole’s Petroleum ($1.6665); Midway (Vollan) Oil ($1.6693); CHS, Inc.
($1.7099); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: August 9, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Midway Service ($1.7089); Harms Oil
($1.7125); Stern Oil ($1.7137); Cole’s Petroleum ($1.7245); CHS, Inc. ($1.7499);
Howes Oil and Olson Oil, both no bid. Bid awarded to: Midway Service.
8. Report of Requests for Quotes for Fuel dated: August 9, 2016; #2 Dyed Diesel;
7,500 gallons; Stern Oil ($1.4612); Harms Oil ($1.4765); Cole’s Petroleum
($1.4770); CHS, Inc. ($1.4925); Howes Oil, Midwest Oil, Midway Service
(Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil.
APPLICATIONS
9. Special One-Day Liquor License for Bates Enterprises to be operated at the Multi-
Cultural Center, 515 North Main Avenue, for a wrestling event on August 18,
2016.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 6, 2016, for Items 10 through 16:
10. New 2016-17 Package Malt Beverage/South Dakota Farm Winery license for Hair
& Hair, Hampton Inn, 2417 South Carolyn Avenue.
11. New 2016 Retail Wine license for JSM Investments Inc., Benji’s Casino, 5422
East Arrowhead Parkway (CUP not required).
12. New 2016-17 Retail Malt Beverage license for JSM Investments Inc., Benji’s
Casino, 5422 East Arrowhead Parkway (CUP not required).
13. Request to include video lottery terminals with the new 2016-17 Retail Malt
Beverage license for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead
Parkway.
14. 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 Sickies ND, Inc., Sickies Garage, 2616 South Louise Avenue (CUP not
required).
15. Special One-Day Wine License requests for Downtown Sioux Falls Inc., to be
operated at the following locations: 8th & Railroad Center Lobby, 401 East 8th
Street, A League of Your Own, 229 South Phillips Avenue, American State Bank,
223 South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co.,
319 South Phillips Avenue, Calvary Cathedral, 500 South Main Avenue, CH
Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips
Avenue, Great Outdoor Store, 201 East 10th Street, Half Baked, 120 South
Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, J.H. & Sons, 216
South Phillips Avenue, JAM Art & Supplies, 401 North Phillips Avenue, Juliana’s
Boutique La Femme, 196 East 6th Street #100, Lillian’s, 311 South Phillips
Avenue, NV Studios, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South
Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, S.H.U.E.S.,
333 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sioux Falls
Design Center, 108 West 11th Street, Sticks and Steel, 401 East 8th Street #118,
Unglued, 218 South Phillips Avenue, Young & Richard’s, 222 South Phillips
Avenue, and Zandbroz Variety, 209 South Phillips Avenue, for the First Friday
Wine Walk on October 7, 2016.
16. Special One-Day Malt Beverage and Special One-Day Wine licenses for
Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131
North Duluth Avenue, for History Happy Hour programs on September 22 and
October 27, 2016.
Set a date of hearing for Tuesday, September 13, 2016, for Item 17:
17. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2017, AND THE 2017-2021 CAPITAL
PROGRAM.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach 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
Scott Ehrisman discussed quality of life, wages, and living wages in the city;
unauthorized swimming at the MIDCO Aquatic Center; and public participation in the
city's political process.
Mary Scheel-Buysse discussed the legislative history of the City Administration Building
bond ordinance and requested that the ordinance go to a vote of the city.
Bruce Danielson discussed state law regarding the initiative process, the ongoing petition
drive, the timing of bond sales, and encouraged the setting of a date for an election.
Council Chair Rex Rolfing reminded the audience of the ordinance regarding addressing
the council.
Manny Steele discussed any forthcoming votes regarding the City Administration
Building.
Tim Stanga discussed professionalism and the sentiment of the people.
UNFINISHED BUSINESS
18. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals,
from Paradise Management Inc., Paradise Casino, 5109 West 12th Street, to
Crown Gaming Inc., Paradise Casino, 5109 West 12th Street.
19. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals,
from Paradise Management Inc., Paradise East Casino, 1914 South Sycamore
Avenue, Suite 106, to Crown Gaming Inc., Paradise East Casino, 1914 South
Sycamore Avenue, Suite 106.
20. New 2016 Package Liquor license for MF Spot Inc., The Barrel House, 4701 East
54th Street. Pending final inspections per Fire, Health, and Building Services.
21. Transfer of 2016 Retail Liquor license, with Sunday sales certificate and video
lottery terminals, from Westwinds Casino Inc., Westwinds Casino, 4615 West
Homefield Drive, to Westwinds Casino Inc., Westwinds Casino, 4609 West
Homefield Drive.
22. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #4, 1900
South Marion Road, with conditional use permit (5165-2016) being reviewed by
the Planning Commission on August 3, 2016. Pending final inspections per
Building Services.
23. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #4, 1900 South Marion
Road, with conditional use permit (5165-2016) being reviewed by the Planning
Commission on August 3, 2016. Pending final inspections per Building
Services.
24. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #1, 1601
South Sycamore Avenue, with conditional use permit (4834-2016) being reviewed
by the Planning Commission on August 3, 2016. Pending final inspections per
Building Services.
25. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #1, 1601 South Sycamore
Avenue, with conditional use permit (4834-2016) being reviewed by the Planning
Commission on August 3, 2016. Pending final inspections per Building
Services.
26. New 2016-17 Retail Malt Beverage license for Burrito Brothers Inc., Pancheros
Mexican Grill, 4824 South Louise Avenue, with the conditional use permit (4833-
2016) being approved on July 6, 2016. Pending final inspections per Fire,
Health and Building Services.
27. Special One-Day Malt Beverage and Special One-Day Wine licenses for Sanford
Health to be operated at 2301 East 60th Street North, for a private event on August
23, 2016.
28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Stockyards Plaza Inc., to be operated at the Falls Park Horse Barn, 309 East Falls
Park Drive, for a fundraiser on September 20, 2016.
29. Special One-Day Malt Beverage license for The Banquet to be operated at Cliff
Avenue Greenhouse and Garden Center, 2101 East 26th Street, for a Project SOS
fundraiser on October 6, 2016.
30. Special One-Day Malt Beverage and Special One-Day Wine licenses for Catering
America Inc. to be operated at Orthopedic Institute Auditorium, 810 East 23rd
Street, for a holiday party on December 1, 2016.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Theresa Stehly to approve Items 18 through 30.
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
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 8301 W. 48TH ST. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO.
4486-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (6-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 6,
2016, for Item 31.
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.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 5801 W. CHRISTOPHER PL. FROM THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT,
PETITION NO. 5303-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval (6-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday,
September 6, 2016, for Item 32.
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.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1122 E. 8TH ST. FROM THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5250-2016,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (7-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 6,
2016, for Item 33.
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.
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITIES REVENUE
REFUNDING BONDS (DOW RUMMEL VILLAGE PROJECT), SERIES 2016,
IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$24,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO BE LOANED
TO DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT
CORPORATION, FOR THE PURPOSE OF REFUNDING OUTSTANDING
BONDS; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN
AGREEMENT, A MORTGAGE—ONE HUNDRED EIGHTY-DAY
REDEMPTION, SECURITY AGREEMENT AND FIXTURE FINANCING
STATEMENT, A BOND PURCHASE AGREEMENT, A CONTINUING
DISCLOSURE AGREEMENT, AND A TAX REGULATORY AGREEMENT;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE BONDS AND CERTAIN RELATED DOCUMENTS;
MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT
TO THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND
REMEDIES OF THE HOLDERS OF THE BONDS.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 6, 2016,
for Item 34.
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
35. PUBLIC HEARING FOR PUBLIC INPUT REGARDING THE PROPOSAL TO
ISSUE REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED
$24,000,000 (THE “BONDS”), PURSUANT TO SOUTH DAKOTA CODIFIED
LAWS, CHAPTER 9-54, AS AMENDED (THE “ACT”), IN ORDER TO
REFINANCE A PROJECT ON BEHALF OF DOW RUMMEL VILLAGE, A
SOUTH DAKOTA NONPROFIT CORPORATION FORMERLY KNOWN AS
RUMMEL MEMORIAL HOME, INC. (THE “CORPORATION”), WHICH
OPERATES NURSING HOME, HEALTHCARE, AND HOUSING FACILITIES
FOR THE ELDERLY IN SIOUX FALLS, SOUTH DAKOTA. See Agenda Item
34.
There was no public input
36. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN
THE OFFICE OF ATTORNEY GENERAL DIVISION OF CRIMINAL
INVESTIGATION, MINNEHAHA COUNTY SHERIFF’S OFFICE, AND THE
SIOUX FALLS POLICE DEPARTMENT SIOUX FALLS AREA DRUG TASK
FORCE.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 83-16.
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. 83-16
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE OFFICE
OF ATTORNEY GENERAL DIVISION OF CRIMINAL INVESTIGATION, MINNEHAHA
COUNTY SHERIFF’S OFFICE, AND THE SIOUX FALLS POLICE DEPARTMENT SIOUX
FALLS AREA DRUG TASK FORCE.
WHEREAS, it appears appropriate that the Office of Attorney General Division of Criminal
Investigation, Minnehaha County Sheriff’s Office, and the Sioux Falls Police Department Sioux
Falls Area Drug Task Force enter into a joint powers agreement setting forth the responsibilities
of each agency as they relate to the continuing operation of the Sioux Falls Area Drug Task
Force.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the Mayor of Sioux Falls be authorized to execute the joint powers agreement regarding the
continued operation of the Sioux Falls Area Drug Task Force, a copy of which is attached hereto
and incorporated herein by this reference.
Date adopted: 08/16/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
37. A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT
SHELVING AND FOUR CHILDREN’S TABLES TO THE GARRETSON
SCHOOL DISTRICT.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Pat Starr to adopt said Resolution No. 84-16.
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. 84-16
A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT SHELVING AND
FOUR CHILDREN’S TABLES TO THE GARRETSON SCHOOL DISTRICT.
WHEREAS, the Siouxland Libraries has declared as surplus shelving and four children’s tables;
and
WHEREAS, the Garretson School District in Garretson, SD, finds it desirable to acquire the
above-described surplus property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the gifting by Siouxland Libraries to the Garretson School District of the following surplus
property:
Shelving; and
Four children’s tables
is hereby approved.
Date adopted: 08/16/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
38. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT 20
SETS OF FIRE TURNOUT GEAR TO THE HENRY, SD, FIRE
DEPARTMENT.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Resolution No. 85-16.
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. 85-16
A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT 20 SETS OF
FIRE TURNOUT GEAR TO THE HENRY, SD, FIRE DEPARTMENT.
WHEREAS, Sioux Falls Fire Rescue has declared as surplus 20 sets of fire turnout gear; and
WHEREAS, the Henry Fire Department located in Henry, SD, finds it desirable to acquire the
above-described surplus property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the gifting by Sioux Falls Fire Rescue to the Henry Fire Department of the following
surplus property:
20 sets of fire turnout gear
is hereby approved.
Date adopted: 08/16/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
39. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Resolution No. 86-16.
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. 86-16
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following Mayoral appointments:
Name Board Term
Rob Collins Board of Historic Appointed for a term from
Preservation August 2016 to August 2019 (to
replace Dixie Hieb).
Tedd Hurt Board of Museum Trustees Appointed for a term from
August 2016 to August 2019 (to
replace Robert Kolbe).
Allison Struck Board of Museum Trustees Appointed for a term from
August 2016 to August 2019 (to
replace Virgil Andersen.)
Allison Dvorak Building Board of Appeals Reappointed for a term from
August 2016 to August 2019.
Brad Shoup Electrical Board of Appointed for a term from
Appeals and Examiners August 2016 to August 2019 (to
replace Darrell Bren.)
Lester Kinstad Homeless Advisory Board Appointed for a term from
August 2016 to August 2019 (to
replace Darrin Smith.)
Matt Petersen Property Maintenance Appointed for a term from
Board of Appeals August 2016 to August 2019 (to
replace Wayne Kerslake.)
Ronald Rensberger Property Maintenance Appointed for a term from
Board of Appeals August 2016 to August 2019 (to
replace Paul Flagstad.)
Ronald Sauby Property Maintenance Reappointed for a term from
Board of Appeals August 2016 to August 2019.
Brett Glirbas Public Transit Advisory Reappointed for a term from
Board August 2016 to August 2019.
Philip Jacobson Public Transit Advisory Reappointed for a term from
Board August 2016 to August 2019.
Benjamin Tiensvold Solid Waste Planning Appointed for a term from
Board August 2016 to July 2017 (to fill the
unexpired term of Ken Allender.)
Rich Garry Washington Pavilion Appointed for a term from
Management, Inc. Board of August 2016 to May 2017 (to fill
Directors the unexpired term of Dr. Susan
Hasseler.)
Date adopted: 08/16/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
ADJOURNMENT
A motion was made by Council Member Erickson and seconded by Council Member
Rolfing to adjourn the meeting at 7:57 p.m. Mayor Huether called for a voice vote. All
members voted yes.
Motion Passed.
Thomas M. Greco
City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, August 16, 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 Wade Coffey, Celebrate Community Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Budget Hearings Meeting of Tuesday, August 9, 2016, at 3 p.m.
● City Council Meeting of Tuesday, August 9, 2016, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the August 12, 2016, memo.
2. Approval of the notice of change orders on the August 12, 2016, memo.
3. Report of Requests for Quotes for Fuel dated: August 1, 2016; #2 Clear Diesel;
7,500 gallons; CHS, Inc. ($1.7099); Harms Oil ($1.6682); Howes Oil and Midwest
Oil, both no bid. Bid awarded to: Harms Oil.
4. Report of Requests for Quotes for Fuel dated: August 2, 2016; #2 Dyed Diesel;
3,000 gallons; Howes Oil ($1.549); Midwest Oil ($1.679); Midway Service
($1.490). Bid awarded to: Midway Service.
5. Report of Requests for Quotes for Fuel dated: August 4, 2016; #2 Dyed Diesel;
7,500 gallons; Harms Oil ($1.4058); Stern Oil ($1.4109); Cole’s Petroleum
($1.4112); CHS, Inc. ($1.4475); Howes Oil, Midwest Oil, Midway Service
(Vollan), and Olson Oil, all no bid. Bid awarded to: Harms Oil.
6. Report of Requests for Quotes for Fuel dated: August 4, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.6575); Stern Oil ($1.6641);
Cole’s Petroleum ($1.6665); Midway (Vollan) Oil ($1.6693); CHS, Inc.
($1.7099); Howes Oil and Olson Oil, both no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: August 9, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 gallons; Midway Service ($1.7089); Harms Oil
($1.7125); Stern Oil ($1.7137); Cole’s Petroleum ($1.7245); CHS, Inc. ($1.7499);
Howes Oil and Olson Oil, both no bid. Bid awarded to: Midway Service.
8. Report of Requests for Quotes for Fuel dated: August 9, 2016; #2 Dyed Diesel;
7,500 gallons; Stern Oil ($1.4612); Harms Oil ($1.4765); Cole’s Petroleum
($1.4770); CHS, Inc. ($1.4925); Howes Oil, Midwest Oil, Midway Service
(Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil.
APPLICATIONS
9. Special One-Day Liquor License for Bates Enterprises to be operated at the Multi-
Cultural Center, 515 North Main Avenue, for a wrestling event on August 18,
2016.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 6, 2016, for Items 10 through 16:
10. New 2016-17 Package Malt Beverage/South Dakota Farm Winery license for Hair
& Hair, Hampton Inn, 2417 South Carolyn Avenue.
11. New 2016 Retail Wine license for JSM Investments Inc., Benji’s Casino, 5422
East Arrowhead Parkway (CUP not required).
12. New 2016-17 Retail Malt Beverage license for JSM Investments Inc., Benji’s
Casino, 5422 East Arrowhead Parkway (CUP not required).
13. Request to include video lottery terminals with the new 2016-17 Retail Malt
Beverage license for JSM Investments, Inc., Benji’s Casino, 5422 East Arrowhead
Parkway.
14. 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 Sickies ND, Inc., Sickies Garage, 2616 South Louise Avenue (CUP not
required).
15. Special One-Day Wine License requests for Downtown Sioux Falls Inc., to be
operated at the following locations: 8th & Railroad Center Lobby, 401 East 8th
Street, A League of Your Own, 229 South Phillips Avenue, American State Bank,
223 South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co.,
319 South Phillips Avenue, Calvary Cathedral, 500 South Main Avenue, CH
Patisserie, 309 South Phillips Avenue, Chelsea’s Boutique, 321 South Phillips
Avenue, Great Outdoor Store, 201 East 10th Street, Half Baked, 120 South
Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, J.H. & Sons, 216
South Phillips Avenue, JAM Art & Supplies, 401 North Phillips Avenue, Juliana’s
Boutique La Femme, 196 East 6th Street #100, Lillian’s, 311 South Phillips
Avenue, NV Studios, 106 West 11th Street, Rehfeld’s Art & Framing, 210 South
Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, S.H.U.E.S.,
333 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Sioux Falls
Design Center, 108 West 11th Street, Sticks and Steel, 401 East 8th Street #118,
Unglued, 218 South Phillips Avenue, Young & Richard’s, 222 South Phillips
Avenue, and Zandbroz Variety, 209 South Phillips Avenue, for the First Friday
Wine Walk on October 7, 2016.
16. Special One-Day Malt Beverage and Special One-Day Wine licenses for
Siouxland Heritage Museums to be operated at Pettigrew Home & Museum, 131
North Duluth Avenue, for History Happy Hour programs on September 22 and
October 27, 2016.
Set a date of hearing for Tuesday, September 13, 2016, for Item 17:
17. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2017, AND THE 2017-2021 CAPITAL
PROGRAM.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
18. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals,
from Paradise Management Inc., Paradise Casino, 5109 West 12th Street, to
Crown Gaming Inc., Paradise Casino, 5109 West 12th Street.
19. Transfer of 2016-17 Retail Malt Beverage license, with video lottery terminals,
from Paradise Management Inc., Paradise East Casino, 1914 South Sycamore
Avenue, Suite 106, to Crown Gaming Inc., Paradise East Casino, 1914 South
Sycamore Avenue, Suite 106.
20. New 2016 Package Liquor license for MF Spot Inc., The Barrel House, 4701 East
54th Street. Pending final inspections per Fire, Health, and Building Services.
21. Transfer of 2016 Retail Liquor license, with Sunday sales certificate and video
lottery terminals, from Westwinds Casino Inc., Westwinds Casino, 4615 West
Homefield Drive, to Westwinds Casino Inc., Westwinds Casino, 4609 West
Homefield Drive.
22. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #4, 1900
South Marion Road, with conditional use permit (5165-2016) being reviewed by
the Planning Commission on August 3, 2016. Pending final inspections per
Building Services.
23. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #4, 1900 South Marion
Road, with conditional use permit (5165-2016) being reviewed by the Planning
Commission on August 3, 2016. Pending final inspections per Building
Services.
24. New 2016-17 Retail Malt Beverage license for Hy-Vee Inc., Hy-Vee #1, 1601
South Sycamore Avenue, with conditional use permit (4834-2016) being reviewed
by the Planning Commission on August 3, 2016. Pending final inspections per
Building Services.
25. New 2016 Retail Wine license for Hy-Vee Inc., Hy-Vee #1, 1601 South Sycamore
Avenue, with conditional use permit (4834-2016) being reviewed by the Planning
Commission on August 3, 2016. Pending final inspections per Building
Services.
26. New 2016-17 Retail Malt Beverage license for Burrito Brothers Inc., Pancheros
Mexican Grill, 4824 South Louise Avenue, with the conditional use permit (4833-
2016) being approved on July 6, 2016. Pending final inspections per Fire,
Health and Building Services.
27. Special One-Day Malt Beverage and Special One-Day Wine licenses for Sanford
Health to be operated at 2301 East 60th Street North, for a private event on August
23, 2016.
28. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Stockyards Plaza Inc., to be operated at the Falls Park Horse Barn, 309 East Falls
Park Drive, for a fundraiser on September 20, 2016.
29. Special One-Day Malt Beverage license for The Banquet to be operated at Cliff
Avenue Greenhouse and Garden Center, 2101 East 26th Street, for a Project SOS
fundraiser on October 6, 2016.
30. Special One-Day Malt Beverage and Special One-Day Wine licenses for Catering
America Inc. to be operated at Orthopedic Institute Auditorium, 810 East 23rd
Street, for a holiday party on December 1, 2016.
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 8301 W. 48TH ST. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO.
4486-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (6-0).
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 5801 W. CHRISTOPHER PL. FROM THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT,
PETITION NO. 5303-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends
approval (6-0).
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1122 E. 8TH ST. FROM THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5250-2016,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 6, 2016, at 7 p.m. for
Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITIES REVENUE
REFUNDING BONDS (DOW RUMMEL VILLAGE PROJECT), SERIES 2016,
IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$24,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO BE LOANED
TO DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT
CORPORATION, FOR THE PURPOSE OF REFUNDING OUTSTANDING
BONDS; APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN
AGREEMENT, A MORTGAGE—ONE HUNDRED EIGHTY-DAY
REDEMPTION, SECURITY AGREEMENT AND FIXTURE FINANCING
STATEMENT, A BOND PURCHASE AGREEMENT, A CONTINUING
DISCLOSURE AGREEMENT, AND A TAX REGULATORY AGREEMENT;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE BONDS AND CERTAIN RELATED DOCUMENTS;
MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT
TO THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND
REMEDIES OF THE HOLDERS OF THE BONDS.
HEARINGS AND RESOLUTIONS
35. PUBLIC HEARING FOR PUBLIC INPUT REGARDING THE PROPOSAL TO
ISSUE REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED
$24,000,000 (THE “BONDS”), PURSUANT TO SOUTH DAKOTA CODIFIED
LAWS, CHAPTER 9-54, AS AMENDED (THE “ACT”), IN ORDER TO
REFINANCE A PROJECT ON BEHALF OF DOW RUMMEL VILLAGE, A
SOUTH DAKOTA NONPROFIT CORPORATION FORMERLY KNOWN AS
RUMMEL MEMORIAL HOME, INC. (THE “CORPORATION”), WHICH
OPERATES NURSING HOME, HEALTHCARE, AND HOUSING FACILITIES
FOR THE ELDERLY IN SIOUX FALLS, SOUTH DAKOTA. See Agenda Item
34.
36. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN
THE OFFICE OF ATTORNEY GENERAL DIVISION OF CRIMINAL
INVESTIGATION, MINNEHAHA COUNTY SHERIFF’S OFFICE, AND THE
SIOUX FALLS POLICE DEPARTMENT SIOUX FALLS AREA DRUG TASK
FORCE.
37. A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT
SHELVING AND FOUR CHILDREN’S TABLES TO THE GARRETSON
SCHOOL DISTRICT.
38. A RESOLUTION AUTHORIZING SIOUX FALLS FIRE RESCUE TO GIFT 20
SETS OF FIRE TURNOUT GEAR TO THE HENRY, SD, FIRE
DEPARTMENT.
39. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
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