City Council Meeting
Regular MeetingSioux Falls, SD · March 7, 2017
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, March 7, 2017, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Rex Rolfing
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
Mayor Mike T. Huether
INVOCATION
Michelle Erpenbach, City Councilor
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Sioux Empire Water Festival Days - March 14 and 15, 2017
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Marshall Selberg to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes,
0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, February 21, 2017, at 4 p.m.
City Council Meeting of Tuesday, February 21, 2017, at 7 p.m.
Informational Meeting of Tuesday, February 28, 2017, at 4 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the March 3, 2017, memo.
2. A communication was received from Mia Janssen and Patrick Cave, requesting
permission to consume, but not sell, liquor, beer and wine at the Old Courthouse
Museum, 200 W. 6th St., on Saturday, March 11, 2017, for a wedding reception.
3. A communication was received from Crystal Severance and Timothy Nunes,
requesting permission to consume, but not sell, liquor, beer and wine at the Old
Courthouse Museum, 200 W. 6th St., on Tuesday, March 28, 2017, from 12 p.m.
to 5 p.m. for a wedding reception.
4. A communication was received from Ashley White and Drew Pillard, requesting
permission to consume, but not sell beer and wine at the Old Courthouse Museum,
200 W. 6th St., on Saturday, May 27, 2017, from 4 p.m. to 11 p.m. for the purpose
of their wedding.
5. Report of Requests for Quotes for Fuel dated: February 15, 2017; #1 and #2 Dyed
Diesel Fuel; 3,750 gallons #1 and 3,750 #2 (7,500 gallons total); Cole's Petroleum
($1.7675 #1 and $1.6770 #2); Harms Oil ($1.7550 #1 and $1.6950 #2); Midway
Service ($1.7660 #1 and $1.6950 #2); Howes Oil ($1.7775 #1 and $1.6875 #2);
Stern Oil ($1.7816 #1 and $1.7000 #2); CHS, Inc. ($1.7200 #1 and $1.8400 #2);
and Olson Oil, no bid. Bid awarded to: Cole's Petroleum.
6. Report of Requests for Quotes for Fuel dated: February 17, 2017; #1 and #2 Dyed
Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2 (7,500 gallons total); Midway
Service ($1.7395 #1 and $1.6765 #2); Stern Oil ($1.7565 #1 and $1.6635 #2);
Harms Oil ($1.7500 #1 and $1.6800 #2); Cole's Petroleum ($1.7510 #1 and
$1.6865 #2); CHS, Inc. ($1.8290 #1 and $1.7185 #2); Howes Oil and Olson Oil,
both no bid. Bid awarded to: Midway Service.
7. Report of Requests for Quotes for Fuel dated: February 17, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Stern Oil ($1.7471); Midway Service
($1.8260); Harms Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750);
Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil.
8. Report of Requests for Quotes for Fuel dated: February 17, 2017; Unleaded
Ethanol; 8,500 gallons; Midway Service ($1.8260); Stern Oil ($1.7471); Harms
Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750); Howes Oil and
Olson Oil, both no bid. Bid awarded to: Stern Oil.
9. Report of Requests for Quotes for Fuel dated: February 17, 2017; Blended Diesel;
7,500 gallons; Midway Service ($1.7080); Stern Oil ($1.7100); Harms Oil
($1.7150); Cole's Petroleum ($1.7188); CHS, Inc. ($1.7738); Howes Oil and Olson
Oil Company, both no bid. Bid awarded to: Midway Service.
10. Report of Requests for Quotes for Fuel dated: February 22, 2017; Unleaded
Ethanol; 664 gallons; Midway Service ($2.0220); Howes Oil ($2.0800); Stern Oil
and Cole's Petroleum, both no bid. Bid awarded to: Midway Service.
11. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #1;
690 gallons; Midway Service ($2.0775); Howes Oil ($2.1170); Stern Oil and
Cole's Petroleum, both no bid. Bid awarded to: Midway Service.
12. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #2;
690 gallons; Midway Service ($1.9950); Howes Oil ($2.0370); Stern Oil and
Cole's Petroleum, both no bid. Bid awarded to: Midway Service.
13. Report of Requests for Quotes for Fuel dated: February 28, 2017; #1 and #2 Dyed
Diesel Fuel; 7,500 gallons #1 and 7,500 gallons #2 (15,000 gallons total); Stern
Oil ($1.7616 #1 and $1.6884 #2); Midway Service ($1.7585 #1 and $1.7015 #2);
Harms Oil ($1.7803 #1 and $1.6953 #2); Cole's Petroleum ($1.7770 #1 and
$1.7040 #2); CHS, Inc. ($1.8490 #1 and $1.7350 #2); Howes Oil and Olson Oil,
both no bid. Bid awarded to: Stern Oil.
14. Report of Requests for Quotes for Fuel dated: February 28, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.7471); Harms Oil
($1.8260); Stern Oil ($1.8300); Midway Service ($1.8385); CHS, Inc. ($1.8750);
Howes Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, March 21, 2017, at 7 p.m. for Items 15 through 22:
15. New 2016-17 Retail Malt Beverage License for Smokehouse Partners Inc., Cody’s
Smokehouse, 6401 South Louise Avenue (CUP not required).
16. New 2017 Retail Wine License for Smokehouse Partners Inc., Cody’s
Smokehouse, 6401 South Louise Avenue (CUP not required).
17. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video
lottery terminals, from SHS, LLC, SHS LLC, 221 South Phillips Avenue, Suite
100, to Carpenter Bar LLC, Carpenter Bar, 215 South Phillips Avenue (CUP not
required).
18. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video
lottery terminals, from Shaen Haven Hospitality, LLC, Bogtrotter’s Irish Pub,
Grub & Tap, 201 East 11th Street, to Blarney Stone Pub SF LLC, Blarney Stone
Pub, 329 South Phillips Avenue (CUP not required).
19. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be
operated at the Pettigrew Home & Museum, 131 North Duluth Avenue, for a
History Happy Hour on March 23, 2017.
20. Special One-Day Malt Beverage and Special One-Day Wine License for Prairie
Pasta Inc., Johnny Carino’s to be operated at First Dakota National Bank, 6109
South Old Village Place, for an open house on April 4, 2017.
21. Special One-Day Malt Beverage and Special One-Day Wine License for Sioux
Falls Area Community Foundation to be operated at Carsforsale.com, 2500 South
Westlake Drive, for a fundraiser on May 4, 2017.
22. Special One-Day Liquor License for Philanthropy Promotions, Inc., J&L Harley
Davidson, to be operated at Falls Park West (park area north of the Sioux Falls
Park and Recreation Office leading to Falls Park along Phillips Avenue) with a
north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to
the chain link fence on the east side of Falls Park West (the street will be closed on
6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue,
for Hot Harley Nights, on July 8, 2017.
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, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8. Noes,
0.
Motion Passed.
PUBLIC INPUT
Bruce Danielson asked several contract related questions.
Jeff Davis spoke regarding a possible future annexation in Wayne Township.
Scott Ehrisman spoke regarding a video posting on YouTube and recording videos.
Audrey Christensen spoke regarding a need for extra parking at the Denny Sanford
PREMIER Center.
Steven Siano spoke regarding access to the City and V.A. health services.
David Zokaites spoke regarding zoning aesthetics.
Sierra Broussard spoke regarding an ordinance about gender identity.
UNFINISHED BUSINESS
23. Special One-Day Malt Beverage License for Siouxland Heritage Museums, The
Old Courthouse Museum to be operated at 200 West Sixth Street, for a St.
Patrick’s Day Family Dance on March 17, 2017.
A motion was made by Council Member Christine M. Erickson and seconded by
Council Member Michelle Erpenbach to approve Item 23.
Vote to approve: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4030 S. GRANGE AVE. FROM THE C-3
COMMERCIAL—COMMUNITY DISTRICT TO THE C-4 COMMERCIAL—
REGIONAL DISTRICT, PETITION NO. 6216-2017, 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 Greg Neitzert and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 20-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1500 & 1504 N. CLIFF AVE. FROM THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE
I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6183-2016, 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 Rex Rolfing to adopt said Ordinance No. 21-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1200 E. 3RD ST. FROM THE S-1 GENERAL
INSTITUTIONAL DISTRICT TO THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5397-2016,
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 Greg Neitzert and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance No. 22-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY SOUTH OF W. 5TH ST., WEST OF N. VALLEY
VIEW RD. AND EAST OF N. LA MESA DR. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO.
6214-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (5-0).
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Theresa Stehly to adopt said Ordinance No. 23-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 215 E. 14TH ST. FROM THE RT-2 TOWNHOME
RESIDENTIAL TRADITIONAL DISTRICT TO THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 6129-
2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (5-0).
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 24-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4209 W. 85TH ST. 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. The Planning Commission motion to approve (with a condition that the
south setback shall be a minimum of 40’) failed due to lack of a majority vote (3-
2).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 25-17 with the condition of a
south setback of a minimum of 40'.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 7. Noes, Theresa
Stehly, 1.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 14, 2017, at 7 p.m. for Item
30:
30. 1st 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 FEES.
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,
March 14, 2017, at 7 p.m. for Item 30.
Vote to set a date: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr,
Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg
Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, March 14, 2017, at 7 p.m. for Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. Engineering
($1,125,000) and Police ($14,000).
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, March
14, 2017, at 7 p.m. for Item 31.
Vote to set a date: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr,
Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg
Neitzert, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
32. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL
REAL PROPERTY.
A motion was made by Council Member Christine M. Erickson and seconded by
Council Member Rick Kiley to adopt said Resolution No. 12-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 12-17
A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL
PROPERTY.
WHEREAS, pursuant to SDCL 9-12-5.2, if the governing body decides to lease any municipally-
owned property for a term exceeding one hundred twenty (120) days and for an amount
exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a
Resolution of Intent to enter into such a lease;
WHEREAS, the City contemplates entering into a lease of municipally-owned or about to be
municipally-owned real property located in the county of Minnehaha, state of South Dakota,
described as follows:
W1/2NE1/4 (except the South 200') of Section 34-T101N-R51W of the 5th P.M.
WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official
newspaper of the City of Sioux Falls once at least ten days prior to hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS:
1. That the City Council hereby expresses its intent to lease municipally-owned or about to be
municipally-owned real property located in the county of Minnehaha, state of South Dakota,
described as follows:
W1/2NE1/4 (except the South 200') of Section 34-T101N-R51W of the 5th P.M.
for a term exceeding one hundred twenty (120) days and for an amount exceeding five
hundred dollars ($500) annual value provided said terms and conditions are authorized by the
City Council and all other acts required by law are satisfied.
Date adopted: 03/07/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF ASPEN HEIGHTS ADDITION. The Planning
Commission recommends approval 6-0.
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 13-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 13-17
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF ASPEN HEIGHTS ADDITION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of Aspen Heights Addition to the City of Sioux Falls, Minnehaha
County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed
to endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 03/07/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.)
A motion was made by Council Member Rex Rolfing and seconded by Council
Member Greg Neitzert to adopt said Resolution No. 14-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 14-17
ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.)
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 W. 48th St. and provisions for
municipal utilities with existing sewer and connecting to the existing water main in W.
48th St.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the following described properties are and the same hereby are included within the
corporate limits of the city of Sioux Falls, Lincoln County, and the boundary of the city is hereby
extended to include such territory.
Tract 1 of Murphy Tracts in the S1/2 of NW1/4 of Section 34, T101N, R50W and
adjacent South Ellis Road right-of-way; Minnehaha County, SD
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: 03/07/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
35. 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 Rick Kiley to adopt said Resolution No. 15-17.
Vote to adopt: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa
Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 15-17
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
Frank Adams Affordable Housing Reappointed for a term from March
Advisory Board 2017 to March 2020.
Annie Brokenleg Affordable Housing Reappointed for a term from March
Advisory Board 2017 to March 2020.
Brent Christensen Falls Community Appointed for a term from March 2017
Health Center to May 2017 (to fill the unexpired term
Governing Board of Joyeuse Urwibutso).
Dan Johnson Public Parking Reappointed for a term from March
Advisory Board 2017 to March 2022.
Jennifer Schaefer Public Parking Reappointed for a term from March
Advisory Board 2017 to March 2022.
Kimberly Koblank Siouxland Heritage Appointed for a term from March 2017
Museum Board of to March 2020 (to replace Michael
Trustees Mullin).
John Olson Zoological Society of Appointed for a term from March 2017
Sioux Falls Board of to March 2020 (to replace Sandy
Directors Jerstad).
Date adopted: 03/07/17 .
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 Marshall Selberg to adjourn at 9:28 p.m. Mayor Huether called for a voice vote and
all members voted yes.
Motion Passed.
Tamara Jorgensen, MMC
Assistant City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, March 7, 2017 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Rex Rolfing
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
Mayor Mike T. Huether
INVOCATION
● Michelle Erpenbach, City Councilor
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Sioux Empire Water Festival Days - March 14 and 15, 2017
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, February 21, 2017, at 4 p.m.
● City Council Meeting of Tuesday, February 21, 2017, at 7 p.m.
● Informational Meeting of Tuesday, February 28, 2017, at 4 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the March 3, 2017, memo.
2. A communication was received from Mia Janssen and Patrick Cave, requesting
permission to consume, but not sell, liquor, beer and wine at the Old Courthouse
Museum, 200 W. 6th St., on Saturday, March 11, 2017, for a wedding reception.
3. A communication was received from Crystal Severance and Timothy Nunes,
requesting permission to consume, but not sell, liquor, beer and wine at the Old
Courthouse Museum, 200 W. 6th St., on Tuesday, March 28, 2017, from 12 p.m.
to 5 p.m. for a wedding reception.
4. A communication was received from Ashley White and Drew Pillard, requesting
permission to consume, but not sell beer and wine at the Old Courthouse Museum,
200 W. 6th St., on Saturday, May 27, 2017, from 4 p.m. to 11 p.m. for the purpose
of their wedding.
5. Report of Requests for Quotes for Fuel dated: February 15, 2017; #1 and #2 Dyed
Diesel Fuel; 3,750 gallons #1 and 3,750 #2 (7,500 gallons total); Cole's Petroleum
($1.7675 #1 and $1.6770 #2); Harms Oil ($1.7550 #1 and $1.6950 #2); Midway
Service ($1.7660 #1 and $1.6950 #2); Howes Oil ($1.7775 #1 and $1.6875 #2);
Stern Oil ($1.7816 #1 and $1.7000 #2); CHS, Inc. ($1.7200 #1 and $1.8400 #2);
and Olson Oil, no bid. Bid awarded to: Cole's Petroleum.
6. Report of Requests for Quotes for Fuel dated: February 17, 2017; #1 and #2 Dyed
Diesel Fuel; 3,750 gallons #1 and 3,750 gallons #2 (7,500 gallons total); Midway
Service ($1.7395 #1 and $1.6765 #2); Stern Oil ($1.7565 #1 and $1.6635 #2);
Harms Oil ($1.7500 #1 and $1.6800 #2); Cole's Petroleum ($1.7510 #1 and
$1.6865 #2); CHS, Inc. ($1.8290 #1 and $1.7185 #2); Howes Oil and Olson Oil,
both no bid. Bid awarded to: Midway Service.
7. Report of Requests for Quotes for Fuel dated: February 17, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Stern Oil ($1.7471); Midway Service
($1.8260); Harms Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750);
Howes Oil and Olson Oil, both no bid. Bid awarded to: Stern Oil.
8. Report of Requests for Quotes for Fuel dated: February 17, 2017; Unleaded
Ethanol; 8,500 gallons; Midway Service ($1.8260); Stern Oil ($1.7471); Harms
Oil ($1.8300); Cole's Petroleum ($1.8385); CHS, Inc. ($1.8750); Howes Oil and
Olson Oil, both no bid. Bid awarded to: Stern Oil.
9. Report of Requests for Quotes for Fuel dated: February 17, 2017; Blended Diesel;
7,500 gallons; Midway Service ($1.7080); Stern Oil ($1.7100); Harms Oil
($1.7150); Cole's Petroleum ($1.7188); CHS, Inc. ($1.7738); Howes Oil and Olson
Oil Company, both no bid. Bid awarded to: Midway Service.
10. Report of Requests for Quotes for Fuel dated: February 22, 2017; Unleaded
Ethanol; 664 gallons; Midway Service ($2.0220); Howes Oil ($2.0800); Stern Oil
and Cole's Petroleum, both no bid. Bid awarded to: Midway Service.
11. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #1;
690 gallons; Midway Service ($2.0775); Howes Oil ($2.1170); Stern Oil and
Cole's Petroleum, both no bid. Bid awarded to: Midway Service.
12. Report of Requests for Quotes for Fuel dated: February 22, 2017; Clear Diesel #2;
690 gallons; Midway Service ($1.9950); Howes Oil ($2.0370); Stern Oil and
Cole's Petroleum, both no bid. Bid awarded to: Midway Service.
13. Report of Requests for Quotes for Fuel dated: February 28, 2017; #1 and #2 Dyed
Diesel Fuel; 7,500 gallons #1 and 7,500 gallons #2 (15,000 gallons total); Stern
Oil ($1.7616 #1 and $1.6884 #2); Midway Service ($1.7585 #1 and $1.7015 #2);
Harms Oil ($1.7803 #1 and $1.6953 #2); Cole's Petroleum ($1.7770 #1 and
$1.7040 #2); CHS, Inc. ($1.8490 #1 and $1.7350 #2); Howes Oil and Olson Oil,
both no bid. Bid awarded to: Stern Oil.
14. Report of Requests for Quotes for Fuel dated: February 28, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.7471); Harms Oil
($1.8260); Stern Oil ($1.8300); Midway Service ($1.8385); CHS, Inc. ($1.8750);
Howes Oil and Olson Oil, both no bid. Bid awarded to: Cole's Petroleum.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, March 21, 2017, at 7 p.m. for Items 15 through 22:
15. New 2016-17 Retail Malt Beverage License for Smokehouse Partners Inc., Cody’s
Smokehouse, 6401 South Louise Avenue (CUP not required).
16. New 2017 Retail Wine License for Smokehouse Partners Inc., Cody’s
Smokehouse, 6401 South Louise Avenue (CUP not required).
17. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video
lottery terminals, from SHS, LLC, SHS LLC, 221 South Phillips Avenue, Suite
100, to Carpenter Bar LLC, Carpenter Bar, 215 South Phillips Avenue (CUP not
required).
18. Transfer of 2017 Retail Liquor License, with Sunday sales certificate and video
lottery terminals, from Shaen Haven Hospitality, LLC, Bogtrotter’s Irish Pub,
Grub & Tap, 201 East 11th Street, to Blarney Stone Pub SF LLC, Blarney Stone
Pub, 329 South Phillips Avenue (CUP not required).
19. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be
operated at the Pettigrew Home & Museum, 131 North Duluth Avenue, for a
History Happy Hour on March 23, 2017.
20. Special One-Day Malt Beverage and Special One-Day Wine License for Prairie
Pasta Inc., Johnny Carino’s to be operated at First Dakota National Bank, 6109
South Old Village Place, for an open house on April 4, 2017.
21. Special One-Day Malt Beverage and Special One-Day Wine License for Sioux
Falls Area Community Foundation to be operated at Carsforsale.com, 2500 South
Westlake Drive, for a fundraiser on May 4, 2017.
22. Special One-Day Liquor License for Philanthropy Promotions, Inc., J&L Harley
Davidson, to be operated at Falls Park West (park area north of the Sioux Falls
Park and Recreation Office leading to Falls Park along Phillips Avenue) with a
north boundary of Falls Park Drive, south boundary to 8th Street, east boundary to
the chain link fence on the east side of Falls Park West (the street will be closed on
6th Street from Dakota to Weber Avenues), and west boundary of Dakota Avenue,
for Hot Harley Nights, on July 8, 2017.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
23. Special One-Day Malt Beverage License for Siouxland Heritage Museums, The
Old Courthouse Museum to be operated at 200 West Sixth Street, for a St.
Patrick’s Day Family Dance on March 17, 2017.
INTRODUCTION AND ADOPTION OF ORDINANCES
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4030 S. GRANGE AVE. FROM THE C-3
COMMERCIAL—COMMUNITY DISTRICT TO THE C-4 COMMERCIAL—
REGIONAL DISTRICT, PETITION NO. 6216-2017, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (6-0).
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1500 & 1504 N. CLIFF AVE. FROM THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE
I-1 LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6183-2016, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (6-0).
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 1200 E. 3RD ST. FROM THE S-1 GENERAL
INSTITUTIONAL DISTRICT TO THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT, PETITION NO. 5397-2016,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (6-0).
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY SOUTH OF W. 5TH ST., WEST OF N. VALLEY
VIEW RD. AND EAST OF N. LA MESA DR. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO.
6214-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (5-0).
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 215 E. 14TH ST. FROM THE RT-2 TOWNHOME
RESIDENTIAL TRADITIONAL DISTRICT TO THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT, PETITION NO. 6129-
2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (5-0).
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4209 W. 85TH ST. 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. The Planning Commission motion to approve (with a condition that the
south setback shall be a minimum of 40’) failed due to lack of a majority vote (3-
2).
Set a date of hearing and 2nd Reading to Tuesday, March 14, 2017, at 7 p.m. for Item
30:
30. 1st 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 FEES.
Set a date of hearing and 2nd Reading to Tuesday, March 14, 2017, at 7 p.m. for Item
31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. Engineering
($1,125,000) and Police ($14,000).
HEARINGS AND RESOLUTIONS
32. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL
REAL PROPERTY.
33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE
PRELIMINARY PLAN OF ASPEN HEIGHTS ADDITION. The Planning
Commission recommends approval 6-0.
34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.
ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.)
35. 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
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DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL
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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.
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MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH
IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND
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AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE
MEETING MINUTES AND AGENDAS PAGE.
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