City Council Meeting
Regular MeetingSioux Falls, SD · April 18, 2017
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, April 18, 2017, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Mayor Mike T. Huether
INVOCATION
Council Member Rex Rolfing
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Earth Day - April 22, 2017
National Volunteer Week - April 23-29, 2017
Sexual Assault Awareness Month - April 2017
VISITOR RECOGNITION
Boy Scout Troop 48 - Sertoma Club
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to approve the Consent Agenda.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Greg Neitzert to amend the Consent Agenda by removing Item 11 and "Furnish
Rental of Motor Graders to extend term to 4/15/18 for North Central Rental & Leasing"
from Item 1.
Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M.
Erickson, 8. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, April 11, 2017, at 4 p.m.
City Council Meeting of Tuesday, April 11, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the April 14, 2017, memo.
"Furnish Rental of Motor Graders to extend term to 4/15/18 for North Central Rental &
Leasing" was removed. See action above.
2. Report of Requests for Quotes for Fuel dated: April 5, 2017; #2 Dyed Diesel;
2,000 Gallons; Howes Oil ($1.889); Midwest Oil ($1.779); Midway Service
($1.830). Bid awarded to: Midwest Oil.
3. Report of Requests for Quotes for Fuel dated: April 7, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.8933); Harms Oil
($1.9059); Stern Oil ($1.9117); Midway Service ($1.9270); Howes Oil ($1.9330);
CHS, Inc. ($1.9799); Olson Oil, no bid. Bid awarded to: Cole's Petroleum.
4. A communication was received from Brady Snell requesting permission to
consume, but not sell beer and wine at the History Club of Sioux Falls, 758 S.
Phillips Ave., on Saturday, June 10, 2017, for a wedding reception.
5. A communication was received from Elizabeth Whealy requesting permission to
consume, but not sell liquor, wine, and malt beverage at the Great Plains Zoo, 805
S. Kiwanis Ave., on Friday, June 16, 2017, for supporter and donor appreciation
events.
6. A communication was received from Katie Burkhart requesting permission to
consume, but not sell beer, wine, and liquor at the Old Courthouse Museum, 200
W. Sixth St., on Saturday, June 17, 2017, for a wedding reception.
7. A communication was received by Precelia Harris Dickson requesting permission
to consume, but not sell beer and wine at the Multicultural Center, 515 N. Main
Ave., on Saturday, July 22, 2017, for a wedding reception.
APPLICATIONS
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee
Inc., All Occasions by Hy-Vee to be operated at The Old Courthouse Museum,
200 West Sixth Street, for a conference on April 19, 2017.
9. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2017-18 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit A.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, May 2, 2017, at 7 p.m. for Items 10 and 12:
10. Special One-Day Wine License for Siouxland Heritage Museums to be operated at
Pettigrew Home & Museum, 131 North Duluth Avenue for History Happy Hour
on May 25, 2017.
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated at the Great Outdoor Store, 201 East
10th Street, for a Gear and Beer fundraiser on May 25, 2017.
Item 11 was removed. See action above.
12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux
Empire Staters-Alumni Association of South Dakota State University to be
operated at Sioux Falls Design Center, 108 West 11th Street, for a fundraiser on
May 26, 2017.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Rick Kiley and seconded by Council Member
Marshall Selberg to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
Bruce Danielson stated he was assaulted in the chambers two years ago.
David Zokaites spoke about planting trees.
Tim Stanga spoke about stop lights and monitoring potholes.
PETITIONS
13. Protest Petition Filed. Pursuant to SDCL 11-4-5 and City Ordinance 160-654(c),
the action already approved by the City Council must be reconsidered and
approved by a two-thirds majority vote, or six Council Members, to become
effective.
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.
Action taken at the City Council Meeting of Tuesday, March 7, 2017:
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.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to approve Item 13.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Christine M. Erickson, 7. Noes, Theresa Stehly, 1.
Motion Passed.
UNFINISHED BUSINESS
14. Transfer of a 2017 Retail Liquor License from Pinnacle Hospitality, Tre Lounge,
601 West 33rd Street, to Elmwood Hospitality LLC, Crooked Pint Ale House,
2020 West Russell Street (CUP not required). Pending final inspections per Fire,
Health and Building Services.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to approve Item 14.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rex Rolfing to amend Item 14 by adding "including Sunday sales certificate,"
after "Pinnacle Hospitality."
Vote to amend: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg
Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M.
Erickson, 8. Noes, 0.
Motion Passed.
15. New 2017 Retail Wine License for Divine Nail Spa LLC, Divine Nail Spa, 6807
South Louise Avenue, with Conditional Use Permit (6297-2017) being approved
on March 1, 2017.
16. New 2016-17 Retail Malt Beverage License for Big Rig HD LLC, Big Rig BBQ,
3219 South Minnesota Avenue (CUP not required).
17. New 2017 Retail Wine License for Chef Jeni & Company Inc., Chef Jeni &
Company, 3638 South Southeastern Avenue, with the Conditional Use Permit
(2010-11-05) being approved on December 1, 2010.
18. New 2017-18 Retail Malt Beverage License for Chef Jeni & Company Inc., Chef
Jeni & Company, 3638 South Southeastern Avenue, with the Conditional Use
Permit (2010-11-05) being approved on December 1, 2010.
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Poet LLC, 4615 North
Lewis Avenue, for a social on May 4, 2017.
20. Special One-Day Liquor License for TNT Entertainment, Wiley’s Tavern, to be
operated at 337 North Phillips Avenue (Albert House parking lot), for an outdoor
concert on July 7, 2017.
21. Special One-Day Wine Licenses for Downtown Sioux Falls Inc. to be operated at
the following locations: 8th & Railroad Center Lobby, 401 East 8th Street #200A,
A League of Your Own, 229 South Phillips Avenue, American State Bank, 223
South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co./Acorn
19, 319 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue #1,
Chelsea’s Boutique, 220 South Phillips Avenue, Great Outdoor Store, 201 East
Tenth Street, Home Porch Gifts, 217 South Phillips Avenue, J.H. & Sons, 216
South Phillips Avenue, Lillians, 311 South Phillips Avenue, Lot 2029, 207 South
Phillips Avenue, Luca’s Boutique, 401 East 8th Street, #122, NV Studio, 106 West
11th Street, Oh My Word Luxury Paperie, 328 South Phillips Avenue, Rehfeld’s
Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street
#114, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East
8th Street #108, Sticks and Steel, 401 East 8th Street #118, Unglued, 218 South
Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, and Zandbroz
Variety, 209 South Phillips Avenue, for the First Friday Wine Walk on May 5,
2017.
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated at 8th & Railroad Center Parking Lot,
401 East 8th Street, for East Bank Block Parties on June 2, July 7, August 4 and
September 1, 2017.
23. Special One-Day Malt Beverage Licenses for Downtown Sioux Falls Inc., to be
operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th
Street, for Rooftop Cinema events on June 22, July 27, and August 24, 2017.
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated on Phillips Avenue from 10th Street to
14th Street; 11th Street from Dakota Avenue to Mall Avenue, 12th Street from
Main Avenue to Phillips Avenue, 13th Street from Main Avenue to 1st Avenue
and Great Western Bank parking ramp located at 11th & Dakota, for Hot Summer
Nites on July 12, 2017.
25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated on the River Greenway from 6th Street
to South of 8th Street including Raven Industries riverfront and parking lot located
at 205 East 6th Street, to include the prairie area between Phase 1 River Greenway
and the Cherapa Place parking lot, north to 6th Street and south to Cherapa Place,
for Downtown Riverfest on August 19, 2017.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to approve Items 15 through 25.
Vote to approve: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE ISSUANCE, EXECUTION, AND DELIVERY OF
WASTEWATER SYSTEM REVENUE BONDS AND RELATED LOAN
DOCUMENTS, AND PLEDGING A PORTION OF THE WASTEWATER
SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID
WASTEWATER SYSTEM REVENUE BONDS.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Pat Starr to adopt said Ordinance No. 42-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2930 N. HIGHLAND AVE. FROM THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE I-1
LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6379-2017, 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 Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 2, 2017,
at 7 p.m. for Item 27.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 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 SOUTHWEST CORNER OF S.
KENTON AVE. AND W. BITTERROOT ST. FROM THE RT-1 SINGLE-
FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 6445-
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 Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, May 2, 2017,
at 7 p.m. for Item 28.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 6000 E. 33RD ST. FROM THE AG
AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—
SUBURBAN DISTRICT, PETITION NO. 6458-2017, 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 Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, May 2, 2017,
at 7 p.m. for Item 29.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4101 S. KLEIN AVE. FROM THE AG
AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—
SUBURBAN DISTRICT, PETITION NO. 6459-2017, 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 Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, May 2,
2017, at 7 p.m. for Item 30.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF
S. MINNESOTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE
C-4 COMMERCIAL—REGIONAL DISTRICT, PETITION NO. 6476-2017,
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 Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, May 2, 2017,
at 7 p.m. for Item 31.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Christine M. Erickson, 7. Noes, 0.
Motion Passed.
Council Member Theresa Stehly excused herself from the meeting and the vote on this
item.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF
S. CLEVELAND AVE. FROM THE LW LIVE-WORK AND RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN AND CN CONSERVATION
DISTRICTS, PETITION NO. 6357-2017, 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 Rick Kiley and seconded by Council Member
Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7
p.m. for Item 32.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 92: HEALTH AND SANITATION TO RESTRICT SMOKING ON
CITY PROPERTY.
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, May 2, 2017, at
7 p.m. for Item 33.
Vote to set a date: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
34. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL
REAL PROPERTY.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Rick Kiley to adopt said Resolution No. 29-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 29-17
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 a portion of the municipally-owned
real property located in the County of Minnehaha, State of South Dakota, described as follows:
Lot 1 of Block 1A, Brown Drug Addition to the City of Sioux Falls
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:
That the City Council hereby expresses its intent to lease a portion of the municipally-owned real
property located in the County of Minnehaha, State of South Dakota, described as follows:
Lot 1 of Block 1A, Brown Drug Addition to the City of Sioux Falls
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: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE
LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 14-17.
ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.)
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Greg Neitzert to adopt said Resolution No. 30-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 30-17
ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.)
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 14-17.
WHEREAS, on March 7, 2017, the City Council of the City of Sioux Falls adopted Resolution
No. 14-17 to include certain contiguous territory within the corporate limits of the city of Sioux
Falls, SD;
WHEREAS, the annexation map boundaries have been approved by the City Council;
WHEREAS, the legal description as set forth in Resolution 14-17 was not accurate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the legal description as set forth in Resolution 14-17 hereby is amended to read as follows:
That the following described properties are and the same hereby are included within the
corporate limits of the city of Sioux Falls, Minnehaha 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: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
36. ESTABLISHING SUBDIVISION AUTHORITY BOUNDARY OUTSIDE OF
MUNICIPAL CORPORATE LIMITS BETWEEN CITY OF SIOUX FALLS
AND CITY OF CROOKS. Planning Commission recommends approval (6-0).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 31-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 31-17
ESTABLISHING SUBDIVISION AUTHORITY BOUNDARY
OUTSIDE OF MUNICIPAL CORPORATE LIMITS
BETWEEN CITY OF SIOUX FALLS AND CITY OF CROOKS
WHEREAS, the Sioux Falls City Council and the Minnehaha County board of commissioners
jointly exercise joint zoning and subdivision authority in a joint jurisdictional area beyond the
municipal corporate limits of Sioux Falls; and
WHEREAS, the Crooks city council has elected to approve subdivision plats outside of but not
exceeding three miles from its corporate limits as authorized by SDCL §11-6-26; and
WHEREAS, the future growth and development in the joint zoning and subdivision
jurisdictional area has been guided by the Shape Sioux Falls 2035 Comprehensive Plan which
was adopted by the Sioux Falls City Council and the Minnehaha Board of county commissioners
in 2009; and
WHEREAS, the Crooks city council has adopted a Comprehensive Plan and Major Street Plan
that guides future growth for the community; and
WHEREAS, an amended, Shape Sioux Falls 2035 Plan, known as the Shape Sioux Falls 2040
Comprehensive Plan, was adopted by the City of Sioux Falls delineating a joint jurisdiction
zoning and subdivision boundary area with said plan to supersede the Shape Sioux Falls 2035
Comprehensive Plan; and
WHEREAS, subdivision authority outside of city limits is delineated by the Crooks and Sioux
Falls comprehensive plans, but in no instance may the area extend beyond a line equidistant from
the corporate limits of any other municipality unless otherwise agreed to by the governing body
of each municipality having a planning commission as required by SDCL §11-6-26; and
WHEREAS, the city of Crooks and the City of Sioux Falls desire to agree upon an area of
subdivision authority outside of corporate limits;
NOW, THEREFORE, BE IT RESOLVED that the subdivision authority boundary line that
extends beyond a line equidistant from the respective city limits of the city of Sioux Falls and the
city of Crooks is agreed upon and shall be as follows: All in Township 102 N and Range 50 W
beginning at the NE corner of the Section 12, then south to the SE corner of Section 12, then
west to the NW corner of the NE1/4 of Section 14, then south to the SW corner of the NE1/4 of
Section 14, then west to the NW corner of the SE1/4 of Section 15, then south to the SW corner
of the SE1/4 of Section 15, then west to the NW corner of the NE1/4 of Section 21, then south to
the SW corner of the SE1/4 of Section 21, and then west ending at the NW corner of Section 20
as shown on the attached map and part of this resolution by reference as also depicted in the City
of Sioux Falls Shape Sioux Falls 2040 Comprehensive Plan on page 27.
The City shall publish the resolution, without attachment, after its passage.
The attachment is on file and available for inspection in the office of the City Clerk during
normal business hours.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
37. A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY
BOUNDARY OUTSIDE OF MUNICIPAL CORPORATE LIMITS BETWEEN
THE CITY OF SIOUX FALLS AND THE CITY OF HARRISBURG. Planning
Commission recommends approval (6-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 32-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 32-17
A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY BOUNDARY OUTSIDE
OF MUNICIPAL CORPORATE LIMITS BETWEEN THE CITY OF SIOUX FALLS AND
THE CITY OF HARRISBURG.
WHEREAS, the Sioux Falls City Council and the Lincoln County board of commissioners
jointly exercise joint zoning and subdivision authority in a joint jurisdictional area beyond the
municipal corporate limits of Sioux Falls;
WHEREAS, the Harrisburg city council has elected to approve subdivision plats outside of but
not exceeding three miles from its corporate limits as authorized by SDCL §11-6-26;
WHEREAS, the future growth and development in the joint jurisdictional area has been guided
by the Shape Sioux Falls 2035 Comprehensive Plan, which was adopted by the Sioux Falls City
Council and the Lincoln County board of commissioners in 2009;
WHEREAS, the Harrisburg city council has adopted a comprehensive plan and major street plan
that guides future growth for the community;
WHEREAS, an amended Shape Sioux Falls 2035 Plan known as the Shape Sioux Falls 2040
Comprehensive Plan was adopted by the City of Sioux Falls delineating a joint jurisdictional
zoning and subdivision boundary area with said plan to supersede the Shape Sioux Falls 2035
Comprehensive Plan;
WHEREAS, a joint jurisdictional area shall not exceed six miles, and shall be delineated in a
comprehensive plan, but in no instance may the area extend beyond a line equidistant from the
corporate limits of any other municipality unless otherwise agreed to by the governing body of
each municipality having a planning commission pursuant to SDCL §11-6-26; and
WHEREAS, the city of Harrisburg and the City of Sioux Falls desire to agree to a subdivision
authority boundary line pursuant to SDCL §11-6-26 that may extend beyond a line equidistant
from their respective corporate limits; and
WHEREAS, the city of Harrisburg by Resolution 2016-14 dated December 19, 2016, agreed to a
subdivision authority boundary line as set forth below;
NOW, THEREFORE, BE IT RESOLVED that the subdivision authority boundary line that
extends beyond a line equidistant from the respective city limits of the city of Sioux Falls and the
city of Harrisburg is agreed upon and shall be as follows: Beginning at the intersection of the
centerlines of 479th Ave. and 271st St., then west along the centerline of 271st St. until the
intersection of centerlines of 271st St. and Western Ave.; then south along the centerline of
Western Ave. until the intersection of centerlines of Western Ave. and 272nd St., then west
along the centerline of 272nd St. until the endpoint at the intersection of centerlines of 272nd St.
and the center of the right-of-way for Interstate 29 as shown on the attached map, and part of this
resolution by reference as also depicted in the City of Sioux Falls Shape Sioux Falls 2040
Comprehensive Plan on page 27.
The City shall publish the resolution, without attachment, after its passage.
The attachment is on file and available for inspection in the office of the City Clerk during
normal business hours.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
38. A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY
BOUNDARY OUTSIDE OF MUNICIPAL CORPORATE LIMITS BETWEEN
THE CITY OF SIOUX FALLS AND THE CITY OF TEA. Planning Commission
recommends approval (6-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Pat Starr to adopt said Resolution No. 33-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 33-17
A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY BOUNDARY OUTSIDE
OF MUNICIPAL CORPORATE LIMITS BETWEEN THE CITY OF SIOUX FALLS AND
THE CITY OF TEA.
WHEREAS, the Sioux Falls City Council and the Lincoln County board of commissioners
jointly exercise joint zoning and subdivision authority in a joint jurisdictional area beyond the
municipal corporate limits of Sioux Falls;
WHEREAS, the Tea city council has elected to approve subdivision plats outside of but not
exceeding three miles from its corporate limits as authorized by SDCL §11-6-26;
WHEREAS, the future growth and development in the joint jurisdictional area has been guided
by the Shape Sioux Falls 2035 Comprehensive Plan, which was adopted by the Sioux Falls City
Council and the Lincoln County board of commissioners in 2009;
WHEREAS, the Tea city council has adopted a comprehensive plan and major street plan that
guides future growth for the community;
WHEREAS, an amended Shape Sioux Falls 2035 Plan known as the Shape Sioux Falls 2040
Comprehensive Plan was adopted by the City of Sioux Falls delineating a joint jurisdiction
zoning and subdivision boundary area with said plan to supersede the Shape Sioux Falls 2035
Comprehensive Plan;
WHEREAS, a joint jurisdictional area shall not exceed six miles, and shall be delineated in a
comprehensive plan, but in no instance may the area extend beyond a line equidistant from the
corporate limits of any other municipality unless otherwise agreed to by the governing body of
each municipality having a planning commission pursuant to SDCL §11-6-26; and
WHEREAS, the city of Tea and the City of Sioux Falls desire to agree to a subdivision authority
boundary line pursuant to SDCL §11-6-26 that may extend beyond a line equidistant from their
respective corporate limits; and
WHEREAS, the city of Tea by Resolution 16-12-33 dated December 19, 2016, agreed to a
subdivision authority boundary line as set forth below;
NOW, THEREFORE, BE IT RESOLVED that the subdivision authority boundary line that
extends beyond a line equidistant from the respective city limits of the city of Sioux Falls and the
city of Tea is agreed upon and shall be as follows: Beginning at the intersection of the centerlines
of Louise Ave. and 272nd St., then west along the centerline of 272nd St. until the intersection of
the centerline of 272nd St. and the center of the right-of-way for Interstate 29, then north along
the center of the right-of-way for Interstate 29 until the center of the right-of-way for
Interstate 29 and the centerline of 85th St., then west along the centerline of 85th St./270th St.
until the intersection of the centerlines of 85th St./270th St. and 467th Ave., then north along
467th Ave. ending at the intersection of centerlines of 467th Ave. and 57th St. as shown on the
attached map, and part of this resolution by reference as also depicted in the City of Sioux Falls
Shape Sioux Falls 2040 Comprehensive Plan on page 27.
The City shall publish the resolution, without attachment, after its passage.
The attachment is on file and available for inspection in the office of the City Clerk during
normal business hours.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
39. A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY
BOUNDARY OUTSIDE OF MUNICIPAL CORPORATE LIMITS BETWEEN
THE CITY OF SIOUX FALLS AND THE CITY OF HARTFORD. Planning
Commission recommends approval (6-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Christine M. Erickson to adopt said Resolution No. 34-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 34-17
A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY BOUNDARY OUTSIDE
OF MUNICIPAL CORPORATE LIMITS BETWEEN THE CITY OF SIOUX FALLS AND
THE CITY OF HARTFORD.
WHEREAS, the Sioux Falls City Council and the Minnehaha County board of commissioners
jointly exercise joint zoning and subdivision authority in a joint jurisdictional area beyond the
municipal corporate limits of Sioux Falls;
WHEREAS, the Hartford city council has elected to approve subdivision plats outside of but not
exceeding three miles from its corporate limits as authorized by SDCL §11-6-26;
WHEREAS, the future growth and development in the joint jurisdictional area has been guided
by the Shape Sioux Falls 2035 Comprehensive Plan, which was adopted by the Sioux Falls City
Council and the Minnehaha County board of commissioners in 2009;
WHEREAS, the Hartford city council has adopted a comprehensive plan and major street plan
that guides future growth for the community;
WHEREAS, an amended Shape Sioux Falls 2035 Plan known as the Shape Sioux Falls 2040
Comprehensive Plan was adopted by the City of Sioux Falls delineating a joint jurisdictional
zoning and subdivision boundary area with said plan to supersede the Shape Sioux Falls 2035
Comprehensive Plan;
WHEREAS, a joint jurisdictional area shall not exceed six miles, and shall be delineated in a
comprehensive plan, but in no instance may the area extend beyond a line equidistant from the
corporate limits of any other municipality unless otherwise agreed to by the governing body of
each municipality having a planning commission pursuant to SDCL §11-6-26; and
WHEREAS, the city of Hartford and the City of Sioux Falls desire to agree upon to a subdivision
authority boundary line pursuant to SDCL §11-6-26 that may extend beyond a line equidistant
from their respective corporate limits; and
WHEREAS, the city of Hartford by Resolution 2016-3 dated December 6, 2016, agreed to a
subdivision authority boundary line as set forth below;
NOW, THEREFORE, BE IT RESOLVED that the subdivision authority boundary line that
extends beyond a line equidistant from the respective city limits of the city of Sioux Falls and the
city of Hartford is agreed upon and shall be as follows: Located all in Township 102 N and
Range 50 W beginning at the NE corner of the NE1/4 of Section 29, then west to the NW corner
of the NE1/4 of Section 29, then south ending at the SW corner of the SE1/4 of Section 32 as
shown on the attached map, and part of this resolution by reference as also depicted in the City
of Sioux Falls Shape Sioux Falls 2040 Comprehensive Plan on page 27.
The City shall publish the resolution, without attachment, after its passage.
The attachment is on file and available for inspection in the office of the City Clerk during
normal business hours.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
40. A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040
COMPREHENSIVE PLAN. Planning Commission recommends approval (6-0).
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to adopt said Resolution No. 35-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 35-17
A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE
PLAN.
WHEREAS, the Planning Commission has proposed a plan for the physical development of the
municipality and including areas outside the boundary and within its planning jurisdiction;
WHEREAS, the Planning Commission held a public hearing on April 5, 2017, to gain input from
the public;
WHEREAS, the City Council held a public hearing on April 18, 2017, to gain input from the
public;
WHEREAS, the comprehensive plan, shows the Planning Commission’s recommendations of
guiding and accomplishing a coordinated, adjusted, and harmonious development of the
municipality, which will, in accordance with existing and future needs, best promote health,
safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and
economy in the process of development;
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That Map 2.A Development Areas of the Shape Sioux Falls 2040 Comprehensive Plan be
amended as attached hereto.
Said plan shall be on file and is available for public inspection by any interested person in the
office of the City Clerk, the City Planning Office, and the City’s website.
The City shall publish the resolution, without attachment, after its passage.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
41. A RESOLUTION TO ADOPT THE 2040 MAJOR STREET PLAN. Planning
Commission recommends approval.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 36-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 36-17
A RESOLUTION TO ADOPT THE 2040 MAJOR STREET PLAN.
WHEREAS, a major street plan is defined as a document that consists of a map of a
municipality’s future collector and arterial streets;
WHEREAS, the City of Sioux Falls and Minnehaha County and also the City of Sioux Falls and
Lincoln County have jointly approved the 2040 Shape Sioux Falls Comprehensive Plan that
provides a basis for future growth and development;
WHEREAS, the public has had the opportunity to review and comment on the 2040 Shape Sioux
Falls Comprehensive Plan and the attached 2040 Major Street Plan;
WHEREAS, the Sioux Falls Subdivision Ordinance, Zoning Ordinance, and Engineering Design
Standards enforce access management, official map controls, right-of-way dedication, and joint
jurisdictional subdivision authority consistent with the Major Street Plan;
WHEREAS, the Major Street Plan identifies the area of joint platting and subdivision
jurisdiction between the City of Sioux Falls/Minnehaha County and the City of Sioux
Falls/Lincoln County;
WHEREAS, a copy of the 2040 Major Street Plan upon adoption shall be forwarded to the
Minnehaha and Lincoln County commissioners through the office of the county auditor;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the attached 2040 Major Street Plan is hereby adopted and shall provide as a basis for
coordination of streets and enforcement of the City of Sioux Falls Subdivision Ordinance as
allowed by SDCL 11-3-6 and 11-6-24 and for the City of Sioux Falls/Minnehaha County and the
City of Sioux Falls/Lincoln County joint platting jurisdictional area as allowed by the City of
Sioux Falls Subdivision Ordinance and South Dakota Codified Law.
Said plan shall be on file and is available for public inspection by any interested person in the
office of the City Clerk, the City Planning Office, and on the City’s website.
The City shall publish the resolution, without attachment, after its passage.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
42. A RESOLUTION APPROVING THE RELEASE OF AN EXISTING BUS STOP
SHELTER EASEMENT LOCATED IN BLOCK 7, FREED’S ADDITION TO
THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adopt said Resolution 37-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 37-17
A RESOLUTION APPROVING THE RELEASE OF AN EXISTING BUS STOP SHELTER
EASEMENT LOCATED IN BLOCK 7, FREED’S ADDITION TO THE CITY OF SIOUX
FALLS, MINNEHAHA COUNTY, SD.
WHEREAS, the City of Sioux Falls, SD, no longer needs an existing bus stop shelter easement
area 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 existing bus stop shelter easement was established by Exhibit A and filed in
Misc. Book 241 on Page 522 in the office of the Register of Deeds for Minnehaha County, SD,
on January 15, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of part of an existing bus stop shelter easement, as shown on
attached Exhibit A, and affecting the real property described as Block 7, Freed’s Addition to the
City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded
with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
43. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL
PARKING ON W. SUCCESS ST., W. SUPERIOR ST., AND N. MASTERS
AVE.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 38-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 38-17
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING
ON W. SUCCESS ST., W. SUPERIOR ST., AND N. MASTERS AVE.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the establishment of diagonal parking on public right-of-way backing out on
public right-of-way on the north and south side of W. Success St. from the west right-of-way line
of N. Graduate Ave. to the east right-of-way line of University Tr.; on W. Superior St. from the
west right-of-way line of N. Graduate Ave. to the east right-of-way line of University Tr.; and on
Masters Ave. from the south right-of-way line of University Tr. to the north right-of-way on W.
Success St. and from the south right-of-way line on W. Superior St. to the north right-of-way line
on N. 54th St.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Resolution No. 39-17.
Vote to adopt: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex
Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 39-17
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
James “Scott” Garrett Sioux Falls Convention & Reappointed for a term from
Visitors Bureau Business April 2017 to April 2020.
Improvement District Board
Jean Hoesing Sioux Falls Convention & Reappointed for a term from
Visitors Bureau Business April 2017 to April 2020.
Improvement District Board
Tracy Kolb Sioux Falls Convention & Appointed for a term from
Visitors Bureau Business April 2017 to April 2020
Improvement District Board (to replace Steve Westra).
Sara McMahon Sioux Falls Convention & Appointed for a term from
Visitors Bureau Business April 2017 to April 2020
Improvement District Board (to replace Char Roth).
Thomas Morris Sioux Falls Convention & Reappointed for a term from
Visitors Bureau Business April 2017 to April 2020.
Improvement District Board
Usha Parmar Sioux Falls Convention & Appointed for a term from
Visitors Bureau Business April 2017 to April 2020
Improvement District Board (to replace Shailesh Patel).
Thea Ryan Sioux Falls Convention & Reappointed for a term from
Visitors Bureau Business April 2017 to April 2020.
Improvement District Board
Jennifer Seifert-Brenna Sioux Falls Convention & Appointed for a term from
Visitors Bureau Business April 2017 to April 2020
Improvement District Board (to replace Randy Huber).
Paul Schiller Sioux Falls Convention & Appointed for a term from
Visitors Bureau Business April 2017 to April 2020
Improvement District Board (to replace Mark Wahlstrom).
David Zimbeck Sioux Falls Sports Authority Reappointed for a term from
April 2017 to April 2020.
Jeffrey Griggs Zoological Society of Sioux Appointed for a term from
Falls Board of Directors April 2017 to April 2020.
Date adopted: 04/18/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS
WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE
SIOUX FALLS CITY CHARTER SECTION 5.07(d)
45. REPORT OF THE APRIL 10, 2017, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
Council Member Rick Kiley reminded the public and Council that the next Annexation
Task Force Meeting is scheduled for Wednesday, April 26, 2017, from 5:30 p.m. to 7
p.m. in Carnegie Town Hall.
Council Member Marshall Selberg honored Joel Cook who unexpectedly passed away on
April 14, 2017.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adjourn at 9:01 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
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7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
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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
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, April 18, 2017 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Mayor Mike T. Huether
INVOCATION
● Reverend Brett Best, Emmanuel Baptist Church
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
● Earth Day - April 22, 2017
● National Volunteer Week - April 23-29, 2017
● Sexual Assault Awareness Month - April 2017
VISITOR RECOGNITION
● Boy Scout Troop 48 - Sertoma Club
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, April 11, 2017, at 4 p.m.
● City Council Meeting of Tuesday, April 11, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the April 14, 2017, memo.
2. Report of Requests for Quotes for Fuel dated: April 5, 2017; #2 Dyed Diesel;
2,000 Gallons; Howes Oil ($1.889); Midwest Oil ($1.779); Midway Service
($1.830). Bid awarded to: Midwest Oil.
3. Report of Requests for Quotes for Fuel dated: April 7, 2017; E-10 Unleaded
Ethanol/87 Octane; 8,500 Gallons; Cole's Petroleum ($1.8933); Harms Oil
($1.9059); Stern Oil ($1.9117); Midway Service ($1.9270); Howes Oil ($1.9330);
CHS, Inc. ($1.9799); Olson Oil, no bid. Bid awarded to: Cole's Petroleum.
4. A communication was received from Brady Snell requesting permission to
consume, but not sell beer and wine at the History Club of Sioux Falls, 758 S.
Phillips Ave., on Saturday, June 10, 2017, for a wedding reception.
5. A communication was received from Elizabeth Whealy requesting permission to
consume, but not sell liquor, wine, and malt beverage at the Great Plains Zoo, 805
S. Kiwanis Ave., on Friday, June 16, 2017, for supporter and donor appreciation
events.
6. A communication was received from Katie Burkhart requesting permission to
consume, but not sell beer, wine, and liquor at the Old Courthouse Museum, 200
W. Sixth St., on Saturday, June 17, 2017, for a wedding reception.
7. A communication was received by Precelia Harris Dickson requesting permission
to consume, but not sell beer and wine at the Multicultural Center, 515 N. Main
Ave., on Saturday, July 22, 2017, for a wedding reception.
APPLICATIONS
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Hy-Vee
Inc., All Occasions by Hy-Vee to be operated at the Old Courthouse Museum, 200
West Sixth Street, for a conference on April 19, 2017.
9. Various Retail Malt Beverage, Retail Malt Beverage/South Dakota Farm Winery,
Package Malt Beverage, and Package Malt Beverage/South Dakota Farm Winery
License renewals for 2017-18 to be operated at various locations in the City of
Sioux Falls, SD, identified as Exhibit A.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, May 2, 2017, at 7 p.m. for Items 10 through 12:
10. Special One-Day Wine License for Siouxland Heritage Museums to be operated at
Pettigrew Home & Museum, 131 North Duluth Avenue, for History Happy Hour
on May 25, 2017.
11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated at the Great Outdoor Store, 201 East
10th Street, for a Gear and Beer fundraiser on May 25, 2017.
12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux
Empire Staters-Alumni Association of South Dakota State University to be
operated at Sioux Falls Design Center, 108 West 11th Street, for a fundraiser on
May 26, 2017.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
PETITIONS
13. Protest Petition Filed. Pursuant to SDCL 11-4-5 and City Ordinance 160-654(c),
the action already approved by the City Council must be reconsidered and
approved by a two-thirds majority vote, or six Council Members, to become
effective.
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.
Action taken at the City Council Meeting of Tuesday, March 7, 2017:
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.
UNFINISHED BUSINESS
14. Transfer of a 2017 Retail Liquor License from Pinnacle Hospitality, Tre Lounge,
601 West 33rd Street, to Elmwood Hospitality LLC, Crooked Pint Ale House,
2020 West Russell Street (CUP not required). Pending final inspections per Fire,
Health and Building Services.
15. New 2017 Retail Wine License for Divine Nail Spa LLC, Divine Nail Spa, 6807
South Louise Avenue, with Conditional Use Permit (6297-2017) being approved
on March 1, 2017.
16. New 2016-17 Retail Malt Beverage License for Big Rig HD LLC, Big Rig BBQ,
3219 South Minnesota Avenue (CUP not required).
17. New 2017 Retail Wine License for Chef Jeni & Company Inc., Chef Jeni &
Company, 3638 South Southeastern Avenue, with the Conditional Use Permit
(2010-11-05) being approved on December 1, 2010.
18. New 2017-18 Retail Malt Beverage License for Chef Jeni & Company Inc., Chef
Jeni & Company, 3638 South Southeastern Avenue, with the Conditional Use
Permit (2010-11-05) being approved on December 1, 2010.
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Poet LLC, 4615 North
Lewis Avenue, for a social on May 4, 2017.
20. Special One-Day Liquor License for TNT Entertainment, Wiley’s Tavern, to be
operated at 337 North Phillips Avenue (Albert House parking lot), for an outdoor
concert on July 7, 2017.
21. Special One-Day Wine Licenses for Downtown Sioux Falls Inc. to be operated at
the following locations: 8th & Railroad Center Lobby, 401 East 8th Street #200A,
A League of Your Own, 229 South Phillips Avenue, American State Bank, 223
South Phillips Avenue, Atoley Salon, 317 South Phillips Avenue, Bead Co./Acorn
19, 319 South Phillips Avenue, CH Patisserie, 309 South Phillips Avenue #1,
Chelsea’s Boutique, 220 South Phillips Avenue, Great Outdoor Store, 201 East
Tenth Street, Home Porch Gifts, 217 South Phillips Avenue, J.H. & Sons, 216
South Phillips Avenue, Lillians, 311 South Phillips Avenue, Lot 2029, 207 South
Phillips Avenue, Luca’s Boutique, 401 East 8th Street, #122, NV Studio, 106 West
11th Street, Oh My Word Luxury Paperie, 328 South Phillips Avenue, Rehfeld’s
Art & Framing, 210 South Phillips Avenue, Rug & Relic, 401 East 8th Street
#114, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East
8th Street #108, Sticks and Steel, 401 East 8th Street #118, Unglued, 218 South
Phillips Avenue, Young & Richard’s, 222 South Phillips Avenue, and Zandbroz
Variety, 209 South Phillips Avenue, for the First Friday Wine Walk on May 5,
2017.
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated at 8th & Railroad Center Parking Lot,
401 East 8th Street, for East Bank Block Parties on June 2, July 7, August 4 and
September 1, 2017.
23. Special One-Day Malt Beverage Licenses for Downtown Sioux Falls Inc., to be
operated on levels 5 & 6 of the City of Sioux Falls Parking Ramp, 110 East 11th
Street, for Rooftop Cinema events on June 22, July 27, and August 24, 2017.
24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated on Phillips Avenue from 10th Street to
14th Street; 11th Street from Dakota Avenue to Mall Avenue, 12th Street from
Main Avenue to Phillips Avenue, 13th Street from Main Avenue to 1st Avenue
and Great Western Bank parking ramp located at 11th & Dakota, for Hot Summer
Nites on July 12, 2017.
25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Downtown Sioux Falls Inc., to be operated on the River Greenway from 6th Street
to South of 8th Street including Raven Industries riverfront and parking lot located
at 205 East 6th Street, to include the prairie area between Phase 1 River Greenway
and the Cherapa Place parking lot, north to 6th Street and south to Cherapa Place,
for Downtown Riverfest on August 19, 2017.
INTRODUCTION AND ADOPTION OF ORDINANCES
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE ISSUANCE, EXECUTION, AND DELIVERY OF
WASTEWATER SYSTEM REVENUE BONDS AND RELATED LOAN
DOCUMENTS, AND PLEDGING A PORTION OF THE WASTEWATER
SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID
WASTEWATER SYSTEM REVENUE BONDS.
Set a date of hearing and 2nd Reading for Tuesday, May 2, 2017, at 7 p.m. for Item 27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 2930 N. HIGHLAND AVE. FROM THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE I-1
LIGHT INDUSTRIAL DISTRICT, PETITION NO. 6379-2017, 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, May 2, 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 SOUTHWEST CORNER OF S.
KENTON AVE. AND W. BITTERROOT ST. FROM THE RT-1 SINGLE-
FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 6445-
2017, 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, May 2, 2017, at 7 p.m. for Item 29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 6000 E. 33RD ST. FROM THE AG
AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—
SUBURBAN DISTRICT, PETITION NO. 6458-2017, 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, May 2, 2017, at 7 p.m. for Item 30:
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY AT 4101 S. KLEIN AVE. FROM THE AG
AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—
SUBURBAN DISTRICT, PETITION NO. 6459-2017, 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, May 2, 2017, at 7 p.m. for Item 31:
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF
S. MINNESOTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE
C-4 COMMERCIAL—REGIONAL DISTRICT, PETITION NO. 6476-2017,
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, May 2, 2017, at 7 p.m. for Item 32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF
S. CLEVELAND AVE. FROM THE LW LIVE-WORK AND RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN AND CN CONSERVATION
DISTRICTS, PETITION NO. 6357-2017, 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, May 2, 2017, at 7 p.m. for Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 92: HEALTH AND SANITATION TO RESTRICT SMOKING ON
CITY PROPERTY.
HEARINGS AND RESOLUTIONS
34. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL
REAL PROPERTY.
35. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE
LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 14-17.
ANNEXATION 5806-2016—Murphy Tracts (48th St. and S. Ellis Rd.)
36. ESTABLISHING SUBDIVISION AUTHORITY BOUNDARY OUTSIDE OF
MUNICIPAL CORPORATE LIMITS BETWEEN CITY OF SIOUX FALLS
AND CITY OF CROOKS. Planning Commission recommends approval (6-0).
37. A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY
BOUNDARY OUTSIDE OF MUNICIPAL CORPORATE LIMITS BETWEEN
THE CITY OF SIOUX FALLS AND THE CITY OF HARRISBURG. Planning
Commission recommends approval (6-0).
38. A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY
BOUNDARY OUTSIDE OF MUNICIPAL CORPORATE LIMITS BETWEEN
THE CITY OF SIOUX FALLS AND THE CITY OF TEA. Planning Commission
recommends approval (6-0).
39. A RESOLUTION ESTABLISHING SUBDIVISION AUTHORITY
BOUNDARY OUTSIDE OF MUNICIPAL CORPORATE LIMITS BETWEEN
THE CITY OF SIOUX FALLS AND THE CITY OF HARTFORD. Planning
Commission recommends approval (6-0).
40. A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040
COMPREHENSIVE PLAN. Planning Commission recommends approval (6-0).
41. A RESOLUTION TO ADOPT THE 2040 MAJOR STREET PLAN. Planning
Commission recommends approval (6-0).
42. A RESOLUTION APPROVING THE RELEASE OF AN EXISTING BUS STOP
SHELTER EASEMENT LOCATED IN BLOCK 7, FREED’S ADDITION TO
THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD.
43. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL
PARKING ON W. SUCCESS ST., W. SUPERIOR ST., AND N. MASTERS
AVE.
44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN
A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX
FALLS CITY CHARTER SECTION 5.07(d)
45. REPORT OF THE APRIL 10, 2017, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
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7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
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STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES.
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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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LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.
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