City Council Meeting
Regular MeetingSioux Falls, SD · December 20, 2016
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, December 20, 2016, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Marshall Selberg
Council Member Pat Starr (arr. 7:25 p.m.)
Council Member Theresa Stehly
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
Dr. Ron Tottingham, Empire Baptist Temple
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Theresa Stehly to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Theresa Stehly, Christine M.
Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, December 13, 2016, at 4 p.m.
City Council Meeting of Tuesday, December 13, 2016, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the December 16, 2016, memo.
2. Approval of the notice of change orders on the December 16, 2016, memo.
3. Report of Requests for Quotes for Fuel dated: December 6, 2016; 70/30 Dyed
Diesel; 1,000 Gallons; Howes Oil ($2.009); Midwest Oil ($1.770); Midway
Service ($1.766). Bid awarded to: Midway Service.
4. Report of Requests for Quotes for Fuel dated: December 7, 2016; Unleaded
Ethanol & #1 Dyed Diesel; 3,000 Gallons Unleaded and 5,000 Gallons #1 Dyed
Diesel; Cole's Petroleum ($1.7123 Unleaded/$1.6972 #1); Midway Service
($1.7120 Unleaded/$1.7378 #1); Stern Oil ($1.8340 Unleaded/$1.5495 #1); Harms
Oil ($1.7712 Unleaded/$1.7792 #1); CHS, Inc., Howes Oil, and Olson Oil, all no
bid. Bid awarded to: Cole's Petroleum.
5. Report of Requests for Quotes for Fuel dated: December 12, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.7325); Harms Oil
($1.7698); Stern Oil ($1.8000); CHS, Inc., Cole's Petroleum, Howes Oil, and
Olson Oil, all no bid. Bid awarded to: Midway Service.
6. Report of Requests for Quotes for Fuel dated: December 13, 2016; 50/50 Blend of
Clear Diesel; 9,000 Gallons; Harms Oil ($2.2222 #1/$1.8647 #2); CHS, Inc.,
Howes Oil, Midwest Oil, all no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: December 13, 2016; #1 and #2
Dyed Diesel; 7,500 Gallons (3,750 Gallons each); Stern Oil ($1.7499 #1
DM/$1.7499 #2 DM); Cole's Petroleum ($1.9225 #1 DM/$1.6580 #2 DM); Harms
Oil ($1.9357 #1 DM/$1.6857 #2 DM); CHS, Inc., Howes Oil, Midwest Oil,
Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil.
APPLICATIONS
8. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2017 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit E.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, January 3, 2017, at 7 p.m. for Items 9 through 13:
9. New 2016-17 Package Malt Beverage License for Shopko Stores Operating Co
LLC, Shopko #101, 4501 East Arrowhead Parkway (CUP not required).
10. Special One-Day Malt Beverage and Special One Day Wine Licenses for Sertoma
Butterfly House & Marine Cove, 4320 South Oxbow Avenue, for a Chamber
Mixer on February 21, 2017.
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera
McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th
Street, for a fundraiser on February 4, 2017.
12. Special One-Day Off-Sale Package Wine License for Junior League of Sioux Falls
to be operated at 4510 West 61st Street North for a fundraiser on February 10,
2017.
13. Special One-Day Liquor License for Avera McKennan Foundation to be operated
at Avera Prairie Center, 1000 East 23rd Street, for the Big Grape fundraiser on
April 7, 2017.
Set a date of hearing for Tuesday, January 17, 2017, at 7 p.m. for Item 14:
14. A PROPOSED RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY
FROM THE SOUTH RIGHT OF WAY LINE OF EAST 24TH STREET TO THE
NORTH RIGHT-OF-WAY LINE OF EAST 26TH STREET, LYING BETWEEN
SOUTH CLIFF AVENUE AND SOUTH 10TH AVENUE
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, Marshall Selberg, Theresa Stehly, Christine M.
Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Robert Kolbe spoke about the electoral process and patriotism.
David Zokaites spoke about public speaking.
Selmen Barwari spoke about snow removal.
Lynette Buckmiller spoke about a proposed rezone.
Jesse Buckmiller spoke about a proposed rezone.
Matt Klenchman spoke about a proposed rezone.
Tim Stanga spoke about party identification.
Bruce Danielson spoke about video recording devices and snow drifts.
UNFINISHED BUSINESS
15. New 2017 Retail Wine License for GL Management LLC, Great Life at Suburban
Lanes, 2621 South Spring Avenue (CUP not required).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rex Rolfing to approve Item 15.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
16. New 2016-17 Retail Malt Beverage License for Kurt Zandt, Hibir Ethiopia, 3101
West 41st Street, Suite 105 (CUP not required).
17. New 2017 Retail Wine License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st
Street, Suite 105 (CUP not required).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Greg Neitzert to withdraw Items 16 and 17.
Vote to withdraw: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Council Member Christine M. Erickson absented herself from the discussion and vote on
Items 18 and 19.
18. Transfer of 2016 Retail Liquor License, with Sunday sales certificate and video
lottery terminals, from Loyal Order of the Moose, Moose Lodge, 1926 Burnside
Street, to Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue
(CUP not required). Pending final inspections per Fire, Health and Building
Services.
19. Renewal of 2017 Retail Liquor License for Loyal Order of the Moose, Moose
Lodge, 5013 North Cliff Avenue. Pending final inspections per Fire, Health
and Building Services.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to approve items 18 and 19.
Vote to approve: Roll Call: Yeses, (None), 0. Noes, Marshall Selberg, Pat Starr,
Theresa Stehly, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7.
Motion Failed.
INTRODUCTION AND ADOPTION OF ORDINANCES
20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 124: TRANSPORTATION SERVICES, SUBCHAPTER GENERAL
PROVISIONS, SECTION 124.012, TRANSIT AND PARATRANSIT FARES
TO PROVIDE YOUTH AN OPPORTUNITY TO RIDE FIXED ROUTE BUS
SERVICE AT NO CHARGE EACH SUMMER.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 116-16.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Rex Rolfing, 7. Noes, Greg Neitzert, 1.
Motion Passed.
21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING A MIDAMERICAN ENERGY COMPANY GAS EASEMENT.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance No. 117-16.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Greg Neitzert, Rex Rolfing, 7. Noes, 0.
Motion Passed.
Council Member Rick Kiley was absent for the vote.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS;
RETIREMENT AND PENSIONS.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Marshall Selberg to adopt said Ordinance No. 118-16.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1900 N. BAHNSON AVE. FROM THE AG
AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT,
PETITION NO. 5765-2016, 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 Michelle Erpenbach and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, January 3,
2017, at 7 p.m. for Item 23.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2600 W. 57TH ST. FROM THE CN
CONSERVATION DISTRICT TO THE C-2 COMMERCIAL
NEIGHBORHOOD AND STREETCAR, AND LW LIVE-WORK DISTRICTS,
PETITION NO. 5798-2016, 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 Rex Rolfing and seconded by Council Member
Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, January 3,
2017, at 7 p.m. for Item 24.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E.
41ST ST. AND S. VETERANS PKWY. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR AND REC RECREATIONAL
DISTRICTS TO THE, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR AND REC RECREATIONAL DISTRICTS, PETITION NO. 5878-
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 Theresa Stehly and seconded by Council
Member Greg Neitzert to set a date of hearing and 2nd Reading for Tuesday, January 3,
2017, at 7 p.m. for Item 25.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3201 S. NICANN CT. FROM THE CN
CONSERVATION DISTRICT TO THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 5957 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, January 3,
2017, at 7 p.m. for Item 26.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 601 N. DULUTH AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE LW
LIVE-WORK DISTRICT, PETITION NO. 5963-2016, 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 Pat Starr and seconded by Council Member
Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7
p.m. for Item 27.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE SE CORNER OF W. 85TH ST.
AND S. BRETT AVE. FROM THE AG AGRICULTURE DISTRICT TO THE
RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT,
PETITION NO. 5996-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (6-
0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Rex Rolfing to remand Item 28 to the Planning Commission.
Vote to remand: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1001 S. SERTOMA AVE. FROM THE O OFFICE
DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 5997-2016,
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 Rex Rolfing and seconded by Council Member
Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017,
at 7 p.m. for Item 29.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT,
PETITION NO. 5829-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-1).
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, January 3,
2017, at 7 p.m. for Item 30.
Vote to set a date: Roll Call: Yeses, Pat Starr, Michelle Erpenbach, Rick Kiley, Rex
Rolfing, 4. Noes, Marshall Selberg, Theresa Stehly, Christine M. Erickson, Greg
Neitzert, 4. Mayor Huether broke the tie by voting yes.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING 157.115 OF THE CODE OF ORDINANCES OF THE CITY
PERTAINING TO MINIMUM SUBDIVISION IMPROVEMENTS. Planning
Commission recommends approval (6-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Pat Starr to set a date of hearing and 2nd Reading for Tuesday, January 3, 2017,
at 7 p.m. for Item 31.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 157: SUBDIVISIONS AND APPENDIX C OF CHAPTER 157:
SUBDIVISION CONSTRUCTION AGREEMENT. Planning Commission
recommends approval (6-0).
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, January 3, 2017, at 7
p.m. for Item 32.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
33. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT
ACCOUNTS FROM THE RECORDS.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adopt said Resolution No. 125-16.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 125-16
A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM
THE RECORDS.
WHEREAS, the City has attempted by reasonable means to collect the outstanding accounts
receivable on the below-listed accounts; and
WHEREAS, the City considers the accounts outstanding for more than one year to be
“uncollectible” for purposes of disclosing on the financial statements of the City; and
WHEREAS, the City will continue efforts to collect such “uncollectible” debt;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it hereby
authorizes the removal of the following accounts as uncollectible and authorizes the disclosure of
the same on the annual financial reports:
Customer No. Customer Name Invoice Number/Activity Amount
8021 Dan’s Garbage Service 11839 $ 131,180.47
— TSW Enterprises Water 3,916.25
TSW Enterprises Electricity 9,027.87
CH467/HH467 Christine Senkle Sheriff’s sale 08/2014 5,872.91
NC955 Penny Kautz Bankruptcy 9,003.42
WF366 Jack Pettis Sheriff’s sale 05/2009 19,704.69
WF363 Mark McConnell House sold 09/2008 at less 13,875.52
than loan value
Date adopted: 12/20/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
34. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY
AND DRAINAGE EASEMENT LOCATED IN LOT 14, AND A PERMANENT
UTILITY EASEMENT LOCATED IN LOT 12, ALL IN BLOCK 6 OF
AUBURN HILLS ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN
COUNTY, SD.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to adopt said Resolution No. 126-16.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 126-16
A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY AND
DRAINAGE EASEMENT LOCATED IN LOT 14, AND A PERMANENT UTILITY
EASEMENT LOCATED IN LOT 12, ALL IN BLOCK 6 OF AUBURN HILLS ADDITION TO
THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD.
WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement
areas across the above-described real property, as shown on Exhibit A. Signed approvals from all
public and private utilities are on file with the office of the City Engineer.
WHEREAS, the permanent utility easements were established by plats and filed in Book S of
Plats on page 119 in the office of the Register of Deeds for Lincoln County, SD on December 10,
1999 and Book T of Plats on page 111 in the office of the Register of Deeds for Lincoln County,
SD on October 19, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of the permanent easement areas, as shown on attached Exhibit A,
and affecting the real property described as Lots 12 & 14, Block 6 of Auburn Hills Addition to
the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded
with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution.
Date adopted: 12/20/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING
THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL
MEETING FOR TUESDAY, FEBRUARY 7, 2017, TO MONDAY, FEBRUARY
6, 2017.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 127-16.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 127-16
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS
OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY,
FEBRUARY 7, 2017, TO MONDAY, FEBRUARY 6, 2017.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday,
February 7, 2017, will be rescheduled to 7 p.m., on Monday, February 6, 2017.
This resolution is necessary as February 7, 2017, is the date of travel for City Council Members
and the start of events for the 2017 Municipal Government Day at the state legislature in Pierre,
SD.
Date adopted: 12/20/16 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
ADJOURNMENT
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adjourn the meeting at 9:10 p.m. Mayor Huether called for a voice vote
and 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, December 20, 2016 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
● Dr. Ron Tottingham, Empire Baptist Temple
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, December 13, 2016, at 4 p.m.
● City Council Meeting of Tuesday, December 13, 2016, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the December 16, 2016, memo.
2. Approval of the notice of change orders on the December 16, 2016, memo.
3. Report of Requests for Quotes for Fuel dated: December 6, 2016; 70/30 Dyed
Diesel; 1,000 Gallons; Howes Oil ($2.009); Midwest Oil ($1.770); Midway
Service ($1.766). Bid awarded to: Midway Service.
4. Report of Requests for Quotes for Fuel dated: December 7, 2016; Unleaded
Ethanol & #1 Dyed Diesel; 3,000 Gallons Unleaded and 5,000 Gallons #1 Dyed
Diesel; Cole's Petroleum ($1.7123 Unleaded/$1.6972 #1); Midway Service
($1.7120 Unleaded/$1.7378 #1); Stern Oil ($1.8340 Unleaded/$1.5495 #1); Harms
Oil ($1.7712 Unleaded/$1.7792 #1); CHS, Inc., Howes Oil, and Olson Oil, all no
bid. Bid awarded to: Cole's Petroleum.
5. Report of Requests for Quotes for Fuel dated: December 12, 2016; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Midway Service ($1.7325); Harms Oil
($1.7698); Stern Oil ($1.8000); CHS, Inc., Cole's Petroleum, Howes Oil, and
Olson Oil, all no bid. Bid awarded to: Midway Service.
6. Report of Requests for Quotes for Fuel dated: December 13, 2016; 50/50 Blend of
Clear Diesel; 9,000 Gallons; Harms Oil ($2.2222 #1/$1.8647 #2); CHS, Inc.,
Howes Oil, Midwest Oil, all no bid. Bid awarded to: Harms Oil.
7. Report of Requests for Quotes for Fuel dated: December 13, 2016; #1 and #2
Dyed Diesel; 7,500 Gallons (3,750 Gallons each); Stern Oil ($1.7499 #1
DM/$1.7499 #2 DM); Cole's Petroleum ($1.9225 #1 DM/$1.6580 #2 DM); Harms
Oil ($1.9357 #1 DM/$1.6857 #2 DM); CHS, Inc., Howes Oil, Midwest Oil,
Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Stern Oil.
APPLICATIONS
8. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2017 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit E.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, January 3, 2017, at 7 p.m. for Items 9 through 13:
9. New 2016-17 Package Malt Beverage License for Shopko Stores Operating Co
LLC, Shopko #101, 4501 East Arrowhead Parkway (CUP not required).
10. Special One-Day Malt Beverage and Special One Day Wine Licenses for Sertoma
Butterfly House & Marine Cove, 4320 South Oxbow Avenue, for a Chamber
Mixer on February 21, 2017.
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Avera
McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th
Street, for a fundraiser on February 4, 2017.
12. Special One-Day Off-Sale Package Wine License for Junior League of Sioux Falls
to be operated at 4510 West 61st Street North for a fundraiser on February 10,
2017.
13. Special One-Day Liquor License for Avera McKennan Foundation to be operated
at Avera Prairie Center, 1000 East 23rd Street, for the Big Grape fundraiser on
April 7, 2017.
Set a date of hearing for Tuesday, January 17, 2017, at 7 p.m. for Item 14:
14. A PROPOSED RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY
FROM THE SOUTH RIGHT OF WAY LINE OF EAST 24TH STREET TO THE
NORTH RIGHT-OF-WAY LINE OF EAST 26TH STREET, LYING BETWEEN
SOUTH CLIFF AVENUE AND SOUTH 10TH AVENUE
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
15. New 2017 Retail Wine License for GL Management LLC, Great Life at Suburban
Lanes, 2621 South Spring Avenue (CUP not required).
16. New 2016-17 Retail Malt Beverage License for Kurt Zandt, Hibir Ethiopia, 3101
West 41st Street, Suite 105 (CUP not required).
17. New 2017 Retail Wine License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st
Street, Suite 105 (CUP not required).
18. Transfer of 2016 Retail Liquor License, with Sunday sales certificate and video
lottery terminals, from Loyal Order of the Moose, Moose Lodge, 1926 Burnside
Street, to Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue
(CUP not required). Pending final inspections per Fire, Health and Building
Services.
19. Renewal of 2017 Retail Liquor License for Loyal Order of the Moose, Moose
Lodge, 5013 North Cliff Avenue. Pending final inspections per Fire, Health
and Building Services.
INTRODUCTION AND ADOPTION OF ORDINANCES
20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 124: TRANSPORTATION SERVICES, SUBCHAPTER GENERAL
PROVISIONS, SECTION 124.012, TRANSIT AND PARATRANSIT FARES
TO PROVIDE YOUTH AN OPPORTUNITY TO RIDE FIXED ROUTE BUS
SERVICE AT NO CHARGE EACH SUMMER.
21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING A MIDAMERICAN ENERGY COMPANY GAS EASEMENT.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS;
RETIREMENT AND PENSIONS.
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1900 N. BAHNSON AVE. FROM THE AG
AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT,
PETITION NO. 5765-2016, 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, January 3, 2017, at 7 p.m. for Item
24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2600 W. 57TH ST. FROM THE CN
CONSERVATION DISTRICT TO THE C-2 COMMERCIAL
NEIGHBORHOOD AND STREETCAR, AND LW LIVE-WORK DISTRICTS,
PETITION NO. 5798-2016, 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, January 3, 2017, at 7 p.m. for Item
25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E.
41ST ST. AND S. VETERANS PKWY. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR AND REC RECREATIONAL
DISTRICTS TO THE, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR AND REC RECREATIONAL DISTRICTS, PETITION NO. 5878-
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, January 3, 2017, at 7 p.m. for Item
26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3201 S. NICANN CT. FROM THE CN
CONSERVATION DISTRICT TO THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 5957 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, January 3, 2017, at 7 p.m. for Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 601 N. DULUTH AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE LW
LIVE-WORK DISTRICT, PETITION NO. 5963-2016, 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, January 3, 2017, at 7 p.m. for Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE SE CORNER OF W. 85TH ST.
AND S. BRETT AVE. FROM THE AG AGRICULTURE DISTRICT TO THE
RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT,
PETITION NO. 5996-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (6-
0).
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1001 S. SERTOMA AVE. FROM THE O OFFICE
DISTRICT TO THE LW LIVE-WORK DISTRICT, PETITION NO. 5997-2016,
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, January 3, 2017, at 7 p.m. for Item
30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT,
PETITION NO. 5829-2016, 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, January 3, 2017, at 7 p.m. for Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING 157.115 OF THE CODE OF ORDINANCES OF THE CITY
PERTAINING TO MINIMUM SUBDIVISION IMPROVEMENTS. Planning
Commission recommends approval (6-0).
Set a date of hearing and 2nd Reading for Tuesday, January 3, 2017, at 7 p.m. for Item
32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 157: SUBDIVISIONS AND APPENDIX C OF CHAPTER 157:
SUBDIVISION CONSTRUCTION AGREEMENT. Planning Commission
recommends approval (6-0).
HEARINGS AND RESOLUTIONS
33. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT
ACCOUNTS FROM THE RECORDS.
34. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY
AND DRAINAGE EASEMENT LOCATED IN LOT 14, AND A PERMANENT
UTILITY EASEMENT LOCATED IN LOT 12, ALL IN BLOCK 6 OF
AUBURN HILLS ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN
COUNTY, SD.
35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING
THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL
MEETING FOR TUESDAY, FEBRUARY 7, 2017, TO MONDAY, FEBRUARY
6, 2017.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL
WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED
TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC 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.
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STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
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