City Council Meeting
Regular MeetingSioux Falls, SD · January 17, 2017
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, January 17, 2017, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Christine M. Erickson Council Member Rick Kiley
Council Member Michelle Erpenbach
Council Member Greg Neitzert
Council Member Rex Rolfing
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Mayor Mike T. Huether
INVOCATION
Pastor Bob Chell, St. Dysmas of South Dakota
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
Kimberly Schroeder, Internal Audit Manager
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Marshall Selberg to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, January 10, 2017, at 4 p.m.
City Council Meeting of Tuesday, January 10, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the January 13, 2017, memo.
2. A memorandum dated December 31, 2016, declaring surplus property.
3. Report of Requests for Quotes for Fuel dated: January 4, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Howes Oil ($1.8860); Midway Service
($1.8890); Cole's Petroleum ($1.8980); Harms Oil ($1.9014); Stern Oil ($1.9468);
CHS, Inc., ($1.9543); Olson Oil, no bid. Bid Awarded to: Howes Oil.
4. Report of Requests for Quotes for Fuel dated: January 6, 2017; #1 & #2 Dyed
Diesel Fuel; 7,500 gallons (3,750 gallons each); Cole's Petroleum ($1.9690 #1 DM
& $1.7297 #2 DM); Midway Service ($1.9645 #1 DM & $1.7450 #2 DM); Stern
Oil ($1.9654 #1 DM & $1.7494 #2 DM); Harms Oil ($1.9618 #1 DM & $1.7610
#2 DM); CHS, Inc. ($2.0375 #1 DM & $1.7800 #2 DM); Howes Oil and Olson
Oil, both no bid. Bid awarded to: Cole's Petroleum.
5. A communication was received from Steve Statz, Senior Vice President of Avera
Health, requesting permission to consume, but not sell, wine and malt beverages at
Avera Research, 3720 W. 69th St, on Wednesday, February 15, 2017, for a mixer
hosting the South Dakota Biotech Association.
6. A communication was received from Logan Welch, Event Planner, Serendipitous
Events, requesting permission to consume, but not sell, beer, wine and liquor at the
Old Courthouse Museum, 200 W. 6th St, on Saturday, April 15, 2017, for a
wedding dinner and reception.
7. A communication was received from Zon Tran, Vietnamese-American
Association of Sioux Falls, requesting permission to consume, but not sell, liquor,
wine, and malt beverages at the Center for Active Generations, 2300 W. 46th St.,
on Saturday, January 28, 2017, for the association's annual Lunar New Year
celebration.
APPLICATIONS
8. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion, 301 South Main Avenue, for special events on
February 23 and August 19, 2017.
NOTICE OF HEARINGS
Set a date of hearing for Monday, February 6, 2017, at 7 p.m. for Items 9 through 14:
9. New 2017 Retail Wine License for Golden Coin Casino Inc., Golden Coin Casino
II, 3404 South Marion Road, with Conditional Use Permit (6046-2016) being
approved on January 4, 2017.
10. New 2016-17 Retail Malt Beverage License for Golden Coin Casino Inc., Golden
Coin Casino II, 3404 South Marion Road, with Conditional Use Permit (6046-
2016) being approved on January 4, 2017.
11. Request to include video lottery terminals with the new 2016-17 Retail Malt
Beverage License for Golden Coin Casino Inc., Golden Coin Casino II, 3404
South Marion Road.
12. Special One-Day Liquor License request for Sioux Falls State Theatre Company to
be operated at the State Theatre, 316 South Phillips Avenue, for a fundraiser on
February 26, 2017.
13. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO
CONSTRUCT SIDEWALK ON E. ARROWHEAD PARKWAY, AND
ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING
THEREBY.
14. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO
CONSTRUCT SIDEWALK ON S. WESTERN AVE. AND ASSESSING THE
COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Jay Masur spoke about ambulance services.
Gary Bauer spoke about ambulance services.
Bruce Danielson spoke about the Administration Building.
Josh Keiser spoke about 49th Street from Oxbow Ave to Western Ave and jobs.
Scott Ehrisman spoke about the Informational Meeting and roads.
Sierra Broussard spoke about a recent crime and the Children's Inn.
David Zokaites spoke about civil rights and civil liberties.
Jeff Deyoung spoke about rezoning procedures.
UNFINISHED BUSINESS
15. Special One-Day Malt Beverage License for Downtown Sioux Falls Inc., to be
operated at the State Theatre, 316 South Phillips Avenue on February 3, 2017 for a
First Friday event.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to approve Item 15.
Vote to approve: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY, BY REPEALING
AND ADDING CHAPTER 91: FIRE PROTECTION AND PREVENTION,
SECTION 91.016: MODIFICATOINS BY THE CITY TO THE 2015
INTERNATIONAL FIRE CODE.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Theresa Stehly to adopt said Ordinance No. 12-17.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Greg Neitzert to amend by adding the following sentence to 901.7, at the end of
the third sentence, second paragraph, “unless otherwise stipulated in this subsection.
Notwithstanding the previous sentence, the owner or responsible party will be billed at
the rate of a Step 12 Fire Inspector if the owner or responsible party submits
documentation to the Fire Marshal before March 1, 2017, confirming an event.”
Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Theresa Stehly to amend by replacing, “the overtime rate not to exceed
$125.00” with “$75” in Section 901.7.
Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, Rex Rolfing, 1.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Michelle
Erpenbach, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7.
Noes, 0.
Motion Passed.
17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTIONS 36.028, 36.029, 36.032, AND 36.033 OF CHAPTER 36:
“FINANCES,” SUBCHAPTER: “PURCHASING.”
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Theresa Stehly to adopt said Ordinance No. 13-17.
Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 95: PARKS AND RECREATION, SUBCHAPTER PARK AND
RECREATION BOARD, TO REQUIRE AUDIO OR VIDEO RECORDING OF
PARKS AND RECREATION BOARD MEETINGS AND REQUIRING 48
HOURS PRIOR TO OFFICIAL ACTION.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Theresa Stehly to adopt said Ordinance No 14-17.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Theresa Stehly to amend by removing the words "or audio recorded" from
Section 1.
Vote to amend: Roll Call: Yeses, Greg Neitzert, Pat Starr, Theresa Stehly, 3. Noes,
Christine M. Erickson, Michelle Erpenbach, Rex Rolfing, Marshall Selberg, 4.
Motion Failed.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to amend by adding the following sentence, "A technological
problem or failure which prevents the recording of a Park Board meeting or the posting
of a recording on the City website shall not be a violation of this section, and will not
preclude the holding of that meeting."
Vote to amend: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 6. Noes, Greg Neitzert, 1.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Christine M. Erickson, Greg Neitzert,
Marshall Selberg, Pat Starr, Theresa Stehly, 5. Noes, Michelle Erpenbach, Rex Rolfing,
2.
Motion Passed.
As of submission for publication, Ordinance No. 14-17 has not been signed by
Mayor Mike T. Huether.
Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for
Item 19:
19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3408 E. 10TH ST. FROM THE CN
CONSERVATION AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO
THE CN CONSERVATION AND C-3 COMMERCIAL—COMMUNITY
DISTRICTS, PETITION NO. 6033-2016, 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 Pat Starr to set a date of hearing and 2nd Reading for Monday, February 6,
2017, at 7 p.m. for Item 19.
Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for
Item 20:
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHEAST CORNER OF W. 69TH ST.
AND S. BEAL AVE. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH
DENSITY AND CN CONSERVATION DISTRICTS TO THE RA-3
APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION
DISTRICTS, PETITION NO. 6038-2016, 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 Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday,
February 6, 2017, at 7 p.m. for Item 20.
Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for
Item 21:
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY SOUTH OF VACATED W. 23RD ST AND WEST OF
S. MINNESOTA AVE. FROM THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN AND C-2 COMMERCIAL—NEIGHBORHOOD
AND STREETCAR DISTRICTS TO THE LW LIVE-WORK DISTRICT,
PETITION NO. 6095-2016, 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 Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, February 6,
2017, at 7 p.m. for Item 21.
Vote to set a date: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
22. A 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
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 2-17.
Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 2-17
A 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
WHEREAS, a petition of the owners of:
S1/2 Lot 23 (Ex. E10'), Lots 24-25 (Ex. E10'), Lots 26-27, Lot 31 (Ex. S10'), Lots 32-37
Belmont Addition to Sioux Falls, Minnehaha County, SD
Lots 28-29, Lot 30 (Ex. H-1) Belmont Addition to Sioux Falls, Minnehaha County, SD
Lot 17, Lot 18 (Ex. E10' S15'), Lots 19-22 (Ex. E10'), N1/2 Lot 23 (Ex. E10'), Lots 38-44
Belmont Addition to Sioux Falls, Minnehaha County, SD
WHEREAS, the hearing was held on January 17, 2017, and the petition has been duly examined
and investigated by the City Council of the City of Sioux Falls. Testimony in support of said
petition has been heard, and no opposition hereto was voiced. Said property, as shown upon the
plats attached to and made a part of said petition, has been used as an alley and no longer serves
a useful public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the alley right-of-way from the south right-of-way line of E. 24th St. to the north
right-of-way line of E. 26th St., lying between S. Cliff Ave. and S. 10th Ave. as shown on
Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by
the City of Sioux Falls in, over, and upon the first 10' south of E. 24th St. and the first 10' north
of E. 26th St. of the vacated property as shown on Exhibit A for drainage, sewer, water and gas
mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the
City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds,
Minnehaha County, SD, a duly certified transcript of this resolution.
Date adopted: 01/17/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
23. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
(Maple Rock Addition--69th St. and Southeastern Ave.)
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 3-17.
Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 3-17
ANNEXATION 6032-2016—Maple Rock Addition (69th St. and Southeastern 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. Southeastern Ave. and provisions for
municipal utilities with existing sewer once it is extended from the east and once water is
extended from the north.
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.
South 150' of the North 1,150' of Government Lot 2, in the NW1/4 of Section 18, T100N,
R49W (ex. Lot H-1); and adjacent South Southeastern Avenue right-of-way; Lincoln
County, South Dakota
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: 01/17/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
24. A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST
INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT
PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY.
A motion was made by Council Member Pat Starr and seconded by Council Member
Michelle Erpenbach to adopt said Resolution No. 5-17.
A motion was made by Council Member Rex Rolfing to defer Item 24 to Monday,
February 6, 2017, at 7 p.m. Motion died for lack of a second.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to amend by adding the words "or sell," after the words "without
payment".
Vote to amend: Roll Call: Yeses, Rex Rolfing, 1. Noes, Christine M. Erickson,
Michelle Erpenbach, Greg Neitzert, Marshall Selberg, Pat Starr, Theresa Stehly, 6.
Motion Failed.
Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
As of submission for publication, Resolution No. 5-17 has not been signed by Mayor
Mike T. Huether.
RESOLUTION NO. 5-17
A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF
THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL
PROPERTY OWNED BY THE CITY.
WHEREAS, pursuant to SDCL Chapter 6-5, any political subdivision may convey and transfer
any real property which is owned by it which is not held for public use or which is about to be
abandoned for public purposes to a nonprofit corporation for public, charitable, or humanitarian
purposes and accommodation without offering the property for sale and without requiring the
nonprofit corporation to pay for the property;
WHEREAS, the City owns the real property with legal description of:
Lot 3, in Block 2, of Western Valley, an Addition to the City of Sioux Falls, Minnehaha County,
SD (containing approximately 1.7 acres); and
Tract 3 of Burlington Northern Santa Fe Addition to the City of Sioux Falls, Minnehaha County,
SD (containing approximately 35,116 sq ft);
As also shown on the attached Exhibit A Parcel Map, Nos. 01-22-32-326-003-000 and 01-22-32-
175-003-000, respectively, incorporated herein by reference;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the real property with legal description of Lot 3, in Block 2, of Western Valley, an Addition
to the City of Sioux Falls, Minnehaha County, SD (containing approximately 1.7 acres); and
Tract 3 of Burlington Northern Santa Fe Addition to the City of Sioux Falls, Minnehaha County,
SD (containing approximately 35,116 sq ft) is not held for public use or is about to be abandoned
for public purposes;
It is further resolved that it is deemed advisable and to the best interest of the public to
gratuitously convey without payment all or a portion of the above-described real property to the
Glory House of Sioux Falls, a South Dakota nonprofit corporation or another qualified South
Dakota nonprofit corporation, subject to the condition that the real property be used for public,
charitable, or humanitarian purposes and accommodation;
It is further resolved that the City is hereby directed to convey and transfer all or a portion of the
described herein real property to the Glory House of Sioux Falls, a South Dakota nonprofit
corporation or another qualified South Dakota nonprofit corporation, consistent with the
provisions of SDCL Chapters 6-5 and 6-13 and pursuant to Section 2.12(7) of the City Charter
and approved Gift Agreement.
Date adopted: 01/17/17 .
Not signed as of submission for publication
Mayor
ATTEST:
____________
City Clerk
25. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 4-17.
Vote to adopt: Roll Call: Yeses, Christine M. Erickson, Michelle Erpenbach, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 4-17
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
Paul Amundson Board of Health Reappointed for a term from January 2017 to
January 2020.
Rose Moehring Board of Health Reappointed for a term from January 2017 to
January 2020.
Linda Karnof Falls Community Health Reappointed for a term from January 2017 to
Center Governing Board January 2020.
David Dandar Main Street Business Appointed for a term from January 2017 to
Improvement District Board January 2020 (to replace Loren Koepsell).
Anne Haber Main Street Business Appointed for a term from January 2017 to
Improvement District Board January 2020 (to replace Gary Gasper).
Michael Havlovic Veterans’ Memorial Park Appointed for a term from January 2017 to
Advisory Board January 2022 (to replace Gene Tornow).
John Heisey Veterans’ Memorial Park Appointed for a term from January 2017 to
Advisory Board January 2022 (to replace Robert Jamison).
Date adopted: 01/17/17 .
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 at 9:15 p.m.
Mayor Mike T. Huether called for a voice vote. All members voted yes.
Motion Passed.
Thomas M. Greco
City Clerk
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
WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD
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
THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR
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.
CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS
AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER
LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.
Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, January 17, 2017 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Christine M. Erickson
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
Mayor Mike T. Huether
INVOCATION
● Pastor Bob Chell, St. Dysmas of South Dakota
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
● Kimberly Schroeder, Internal Audit Manager
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, January 10, 2017, at 4 p.m.
● City Council Meeting of Tuesday, January 10, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the January 13, 2017, memo.
2. A memorandum dated December 31, 2016, declaring surplus property.
3. Report of Requests for Quotes for Fuel dated: January 4, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Howes Oil ($1.8860); Midway Service
($1.8890); Cole's Petroleum ($1.8980); Harms Oil ($1.9014); Stern Oil ($1.9468);
CHS, Inc., ($1.9543); Olson Oil, no bid. Bid Awarded to: Howes Oil.
4. Report of Requests for Quotes for Fuel dated: January 6, 2017; #1 & #2 Dyed
Diesel Fuel; 7,500 gallons (3,750 gallons each); Cole's Petroleum ($1.9690 #1 DM
& $1.7297 #2 DM); Midway Service ($1.9645 #1 DM & $1.7450 #2 DM); Stern
Oil ($1.9654 #1 DM & $1.7494 #2 DM); Harms Oil ($1.9618 #1 DM & $1.7610
#2 DM); CHS, Inc. ($2.0375 #1 DM & $1.7800 #2 DM); Howes Oil and Olson
Oil, both no bid. Bid awarded to: Cole's Petroleum.
5. A communication was received from Steve Statz, Senior Vice President of Avera
Health, requesting permission to consume, but not sell, wine and malt beverages at
Avera Research, 3720 W. 69th St, on Wednesday, February 15, 2017, for a mixer
hosting the South Dakota Biotech Association.
6. A communication was received from Logan Welch, Event Planner, Serendipitous
Events, requesting permission to consume, but not sell, beer, wine and liquor at the
Old Courthouse Museum, 200 W. 6th St, on Saturday, April 15, 2017, for a
wedding dinner and reception.
7. A communication was received from Zon Tran, Vietnamese-American
Association of Sioux Falls, requesting permission to consume, but not sell, liquor,
wine, and malt beverages at the Center for Active Generations, 2300 W. 46th St.,
on Saturday, January 28, 2017, for the association's annual Lunar New Year
celebration.
APPLICATIONS
8. Special One-Day Liquor License requests for Washington Pavilion Management
Inc., Washington Pavilion, 301 South Main Avenue, for special events on
February 23 and August 19, 2017.
NOTICE OF HEARINGS
Set a date of hearing for Monday, February 6, 2017, at 7 p.m. for Items 9 through 14:
9. New 2017 Retail Wine License for Golden Coin Casino Inc., Golden Coin Casino
II, 3404 South Marion Road, with Conditional Use Permit (6046-2016) being
approved on January 4, 2017.
10. New 2016-17 Retail Malt Beverage License for Golden Coin Casino Inc., Golden
Coin Casino II, 3404 South Marion Road, with Conditional Use Permit (6046-
2016) being approved on January 4, 2017.
11. Request to include video lottery terminals with the new 2016-17 Retail Malt
Beverage License for Golden Coin Casino Inc., Golden Coin Casino II, 3404
South Marion Road.
12. Special One-Day Liquor License request for Sioux Falls State Theatre Company to
be operated at the State Theatre, 316 South Phillips Avenue, for a fundraiser on
February 26, 2017.
13. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO
CONSTRUCT SIDEWALK ON E. ARROWHEAD PARKWAY, AND
ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING
THEREBY.
14. A PROPOSED RESOLUTION DECLARING THE NECESSITY TO
CONSTRUCT SIDEWALK ON S. WESTERN AVE. AND ASSESSING THE
COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
15. Special One-Day Malt Beverage License for Downtown Sioux Falls Inc., to be
operated at the State Theatre, 316 South Phillips Avenue on February 3, 2017 for a
First Friday event.
INTRODUCTION AND ADOPTION OF ORDINANCES
16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY, BY REPEALING
AND ADDING CHAPTER 91: FIRE PROTECTION AND PREVENTION,
SECTION 91.016: MODIFICATOINS BY THE CITY TO THE 2015
INTERNATIONAL FIRE CODE.
17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTIONS 36.028, 36.029, 36.032, AND 36.033 OF CHAPTER 36:
“FINANCES,” SUBCHAPTER: “PURCHASING.”
18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 95: PARKS AND RECREATION, SUBCHAPTER PARK AND
RECREATION BOARD, TO REQUIRE AUDIO OR VIDEO RECORDING OF
PARKS AND RECREATION BOARD MEETINGS AND REQUIRING 48
HOURS PRIOR TO OFFICIAL ACTION.
Set a date of hearing and 2nd Reading for Monday, February 6, 2017, at 7 p.m. for Item
19:
19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 3408 E. 10TH ST. FROM THE CN
CONSERVATION AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO
THE CN CONSERVATION AND C-3 COMMERCIAL—COMMUNITY
DISTRICTS, PETITION NO. 6033-2016, 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 Monday, February 6, 2017, at 7 p.m. for Item
20:
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT THE SOUTHEAST CORNER OF W. 69TH ST.
AND S. BEAL AVE. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH
DENSITY AND CN CONSERVATION DISTRICTS TO THE RA-3
APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION
DISTRICTS, PETITION NO. 6038-2016, 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 Monday, February 6, 2017, at 7 p.m. for Item
21:
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY SOUTH OF VACATED W. 23RD ST AND WEST OF
S. MINNESOTA AVE. FROM THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN AND C-2 COMMERCIAL—NEIGHBORHOOD
AND STREETCAR DISTRICTS TO THE LW LIVE-WORK DISTRICT,
PETITION NO. 6095-2016, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(7-0).
HEARINGS AND RESOLUTIONS
22. A 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
23. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
(Maple Rock Addition--69th St. and Southeastern Ave.)
24. A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST
INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT
PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY.
25. 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.
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
WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD
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
THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR
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.
CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS
AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER
LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.
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