City Council Meeting
Regular MeetingSioux Falls, SD · August 15, 2017
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, August 15, 2017, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
Pastor Randy Gehring, Our Savior's Lutheran Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Rick Kiley and seconded by Council Member
Michelle Erpenbach to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
MINUTES
City Council Meeting of Tuesday, August 8, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the August 11, 2017, memo.
2. Approval of the notice change orders on the August 11, 2017, memo.
3. Report of Requests for Quotes for Fuel dated: August 2, 2017: Dyed Diesel #2;
7,500 gallons; Midway Service ($1.7519); Cole's Petroleum ($1.7517); Stern Oil
($1.7561); Harms Oil ($1.7583); Howes Oil ($1.7495); CHS, Inc. ($1.7999); and
Olson Oil, no bid. Bid awarded to: Howes Oil.
4. Report of Requests for Quotes for Fuel dated: August 7, 2017; Dyed Diesel #2 and
Unleaded; 7,500 gallons Dyed Diesel #2/8,500 gallons Unleaded; Midway Service
($1.7520 DD #2/$1.8478 UL); Cole's Petroleum ($1.7570 DD #2/$1.8659 UL);
Stern Oil ($1.7637 DD #2/$1.8534 UL); Harms Oil ($1.7739 DDiesel #2/$1.8709
UL); CHS, Inc. ($1.8040 DD #2/$1.9249 UL); Howes Oil and Olson Oil, both no
bid. Bid awarded to: Midway Service.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 5, 2017, at 7 p.m. for Items 5 through 9:
5. New 2017 Retail Liquor License, including Sunday sales certificate, for Ted J.
Thoms, business name to be determined, 400 North Main Avenue, Suite 206 (CUP
not required).
6. Request to include video lottery terminals with the new 2017 Retail Liquor
License, including Sunday sales certificate, for Ted J. Thoms, business name to be
determined, 400 North Main Avenue, Suite 206 (CUP not required).
7. Transfer of 2017 Retail Liquor License, including Sunday sales certificate and
video lottery terminals, from Sue Erickson, Happy Jacks Sioux Falls IV, 1211 East
Benson Road, to MG Oil Company, Happy Jacks Sioux Falls IV, 1211 East
Benson Road.
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at Vance Thompson Vision, 3101
West 57th Street, for an open house on September 11, 2017.
9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at 2011 Austin Drive, for a United
Way fundraiser on September 19, 2017.
Set a date of hearing for Tuesday, September 12, 2017, at 7 p.m. for Items 10:
10. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2018, AND THE 2018-2022 CAPITAL
PROGRAM.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Marshall Selberg to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
Thor Bardon gave praise and encouragement to the City Council.
David Zokaites spoke about drug prohibition.
Scott Ehrisman spoke about a recent newspaper article regarding campaign donations;
and Tax Increment Financing (TIFs).
Sierra Broussard spoke about the police department and body cameras, the Oak View
neighborhood and drugs, the Oak View Library and afterschool care, and problems at the
Downtown Library.
UNFINISHED BUSINESS
11. New 2017 Retail Wine License for The Stag’s Head LLC, The Stag’s Head, 6205
Old Village Place (CUP not required). Pending final inspections per Fire,
Health & Building Services.
12. New 2017-18 Retail Malt Beverage License for The Stag’s Head LLC, The Stag’s
Head, 6205 Old Village Place (CUP not required). Pending final inspections per
Fire, Health & Building Services.
13. Request to include video lottery terminals with the new 2017-18 Retail Malt
Beverage License for The Stag’s Head LLC, The Stag’s Head, 6205 Old Village
Place. Pending final inspections per Fire, Health & Building Services.
14. New 2017 Retail Wine License for Envy Nail & Spa LLC, Envy Nail & Spa, 4212
West Empire Place (CUP not required). Pending final inspections per Fire,
Health & Building Services.
15. New 2017-18 Retail Malt Beverage License for Envy Nail & Spa LLC, Envy Nail
& Spa, 4212 West Empire Place (CUP not required). Pending final inspections
per Fire, Health & Building Services.
16. New 2017 Off-Sale Delivery License for TSlat Inc., JJ’s Wine, Spirits & Cigars,
4810 South Western Avenue.
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Poet, 4615 North Lewis
Avenue, for a social on August 22, 2017.
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Stockyards Plaza Inc., to be operated at Stockyards Ag Experience Barn, 301 East
Falls Park Drive, for donor appreciation events on August 23 & 24, 2017.
19. Special One-Day Malt Beverage License for The Banquet to be operated at Cliff
Avenue Greenhouse & Garden Center, 2101 East 26th Street, for a fundraiser on
October 5, 2017.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to approve Items 11-19.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 111: ALCOHOLIC BEVERAGES TO PROVIDE FOR AN OFF-
SALE DELIVERY CLASSIFICATION AND FEE.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 76-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX
FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS
SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Pat Starr to adopt said Ordinance No. 77-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156:
FLOODPLAIN MANAGEMENT.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Christine M. Erickson to adopt said Ordinance No. 78-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1600 W. 51ST ST. FROM THE
UNZONED AND I-1 LIGHT INDUSTRIAL DISTRICTS TO THE S-1
GENERAL INSTITUTIONAL AND I-1 LIGHT INDUSTRIAL DISTRICTS
PETITION NO. 6596-2017, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(7-0).
A motion was made by Council Member Pat Starr and seconded by Council Member
Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at
7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 426 W. 7TH ST. FROM THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION
NO. 6980-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday,
September 5, 2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 430 W. 7TH ST. FROM THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION
NO. 6982-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0).
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, September 5,
2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE NW CORNER OF E. 85TH ST.
AND S. CLIFF AVE. FROM THE AG AGRICULTURE DISTRICT TO THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT
PETITION NO. 6998-2017, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(7-0).
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, September 5,
2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED EAST OF S. SYCAMORE AVE. AND
NORTH OF E. 41ST ST. FROM THE RA-2 APARTMENT RESIDENTIAL—
MODERATE DENSITY DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN, O OFFICE, AND C-2, COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICTS PETITION NO. 7071-
2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (7-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, September 5,
2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED NORTH OF W. 41ST ST. AND WEST OF
S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT PETITION NO.
7078-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (7-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, September 5,
2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT NE CORNER OF W. BENSON RD.
AND N. OKLAHOMA AVE. FROM THE O OFFICE DISTRICT TO THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT PETITION NO.
7080-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (7-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 5,
2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
30. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (Hey Mary Lou,
Blindside)
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to adopt said Resolution No. 77-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 77-17
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT
OF A SCULPTURE ON PUBLIC PROPERTY.
WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor
exhibition of public art in Sioux Falls, SD; and
WHEREAS, the bronze sculpture is known as “Hey Mary Lou, Blindside,” designed and
constructed by South Dakota sculpture artists Sherri Treeby and Lee Leuning; and
WHEREAS, the sculpture depicts two young football players and measures approximately 7' 6"
in height, 5' in width, and 5' 5" in length; and
WHEREAS, the proposed site placement for the “Hey Mary Lou, Blindside” sculpture be
displayed for a one- (1-) year temporary placement at the Sanford Sports Complex, Youth
Football Fields Area, located at 4020 N. Bobhalla Dr., within an existing landscape area,
surrounded by sidewalks, near the existing buildings (restroom, concessions) at the west end of
the football field complex; and
WHEREAS, the associated installation and maintenance costs are the responsibility of the South
Dakota Junior Football; and
WHEREAS, the Sioux Falls Visual Arts Commission and the Sioux Falls Parks and Recreation
Board both reviewed and recommended approval for the placement of the sculpture, as
presented, on June 20, 2017, and July 18, 2017, respectively;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The “Hey Mary Lou, Blindside” sculpture and its placement at the Sanford Sports Complex,
Youth Football Fields Area, located at 4020 N. Bobhalla Dr., be approved as recommended.
Date adopted: 08/15/17 .
Mike T. Huether
Mayor
ATTEST:
Denise D. Tucker, MMC
Assistant City Clerk
31. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (Trudy Peckham
Memorial)
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 78-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 78-17
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT
OF A SCULPTURE ON PUBLIC PROPERTY.
WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor
exhibition of public art in Sioux Falls, SD; and
WHEREAS, the bronze sculpture is known as “Trudy Peckham Memorial” designed and
constructed by Darwin Wolf, local sculptor; and
WHEREAS, the sculpture depicts an open book and measures approximately 16" W X 12" L X
3" H in size, and would be attached to a quartzite pedestal; and
WHEREAS, the proposed permanent site placement for the “Trudy Peckham Memorial”
sculpture be at the Mary Jo Wegner Arboretum, located at 1900 S. Perry Pl., near the northeast
edge of the arboretum’s pond garden, as proposed by the applicant; and
WHEREAS, the Sioux Falls Visual Arts Commission and the Sioux Falls Parks and Recreation
Board both reviewed and recommended approval for the memorial sculpture and placement, as
presented on July 18, 2017;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That “Trudy Peckham Memorial” sculpture and its placement at the Mary Jo Wegner Arboretum,
located at 1900 S. Perry Pl., be approved as recommended.
Date adopted: 08/15/17 .
Mike T. Huether
Mayor
ATTEST:
Denise D. Tucker, MMC
Assistant City Clerk
32. 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 Pat Starr to adopt said Resolution No. 79-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 79-17
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
Sunny Holtz Human Relations Commission Appointed for a term from August 2017
to May 2021 (to fill the unexpired term of
Stephen Brennan).
Brian Majerus Human Relations Commission Appointed for a term from August 2017
to May 2019 (to fill the unexpired term of
Joanne Haase).
Melinda Obach Human Relations Commission Appointed for a term from August 2017
to May 2022 (to replace Deborah Deng).
James Zajicek Visual Arts Commission Appointed for a term from August 2017
to August 2020 (to replace Aleta Branson).
Craig Markhardt Zoning Board of Adjustment Appointed for a term from August 2017
to August 2020 (to replace Kathryn
Henning).
Billy Pollema Zoning Board of Adjustment Appointed for a term from August 2017
to August 2020 (to replace Lori Eckrich).
Ryan Rients Zoning Board of Adjustment Reappointed for a term from August 2017
to August 2020.
Date adopted: 08/15/17 .
Mike T. Huether
Mayor
ATTEST:
Denise D. Tucker, MMC
Assistant City Clerk
33. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN
THE SOUTH DAKOTA OFFICE OF ATTORNEY GENERAL AND THE
SIOUX FALLS POLICE DEPARTMENT.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to adopt said Resolution No. 80-17.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine
M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 80-17
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE SOUTH
DAKOTA OFFICE OF ATTORNEY GENERAL AND THE SIOUX FALLS POLICE
DEPARTMENT.
WHEREAS, it appears appropriate that the South Dakota Office of Attorney General and the
Sioux Falls Police Department enter into a joint powers agreement setting forth the
responsibilities of each agency as they relate to the enforcement of drug laws of the state of
South Dakota and the United States of America;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it hereby approves the document titled “A Joint Powers Agreement between the South
Dakota Office for Attorney General and the Sioux Falls Police Department.”
That the Mayor of Sioux Falls be authorized to execute the joint powers agreement described
above, a copy of which is attached hereto and incorporated herein by this reference.
Date adopted: 08/15/17 .
Mike T. Huether
Mayor
ATTEST:
Denise D. Tucker, MMC
Assistant City Clerk
NOTICE OF HEARINGS FOR STREET VACATIONS
Set a hearing date for Tuesday, September 12, 2017, at 7 p.m. for Items 34 and 35:
34. A PROPOSED RESOLUTION VACATING THE N. COCKATIEL AVE.
RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF W. AMBER
ST. TO 102.50' SOUTH.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Marshall Selberg to set a date of hearing for Tuesday, September 12, 2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
35. A PROPOSED RESOLUTION VACATING A PORTION OF THE MALL
AVENUE RIGHT-OF-WAY AS SHOWN ON EXHIBIT A.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Rex Rolfing to set a date of hearing for Tuesday, September 19, 2017, at 7 p.m.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly,
Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8.
Noes, 0.
Motion Passed.
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)
36. REPORT OF THE AUGUST 4, 2017, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to adjourn at 8:03 p.m.
Mayor Mike Huether called for a voice vote. All members said yes.
Motion Passed.
Denise D. Tucker, MMC
Assistant City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, August 15, 2017 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Marshall Selberg
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Mayor Mike T. Huether
INVOCATION
● Pastor Randy Gehring, Our Savior's Lutheran Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● City Council Meeting of Tuesday, August 8, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the August 11, 2017, memo.
2. Approval of the notice change orders on the August 11, 2017, memo.
3. Report of Requests for Quotes for Fuel dated: August 2, 2017: Dyed Diesel #2;
7,500 gallons; Midway Service ($1.7519); Cole's Petroleum ($1.7517); Stern Oil
($1.7561); Harms Oil ($1.7583); Howes Oil ($1.7495); CHS, Inc. ($1.7999); and
Olson Oil, no bid. Bid awarded to: Howes Oil.
4. Report of Requests for Quotes for Fuel dated: August 7, 2017; Dyed Diesel #2 and
Unleaded; 7,500 gallons Dyed Diesel #2/8,500 gallons Unleaded; Midway Service
($1.7520 DD #2/$1.8478 UL); Cole's Petroleum ($1.7570 DD #2/$1.8659 UL);
Stern Oil ($1.7637 DD #2/$1.8534 UL); Harms Oil ($1.7739 DD #2/$1.8709 UL);
CHS, Inc. ($1.8040 DD #2/$1.9249 UL); Howes Oil and Olson Oil, both no bid.
Bid awarded to: Midway Service.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, September 5, 2017, at 7 p.m. for Items 5 through 9:
5. New 2017 Retail Liquor License, including Sunday sales certificate, for Ted J.
Thoms, business name to be determined, 400 North Main Avenue, Suite 206 (CUP
not required).
6. Request to include video lottery terminals with the new 2017 Retail Liquor
License, including Sunday sales certificate, for Ted J. Thoms, business name to be
determined, 400 North Main Avenue, Suite 206 (CUP not required).
7. Transfer of 2017 Retail Liquor License, including Sunday sales certificate and
video lottery terminals, from Sue Erickson, Happy Jacks Sioux Falls IV, 1211 East
Benson Road, to MG Oil Company, Happy Jacks Sioux Falls IV, 1211 East
Benson Road.
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at Vance Thompson Vision, 3101
West 57th Street, for an open house on September 11, 2017.
9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America Inc., Chef Dominique’s to be operated at 2011 Austin Drive, for a United
Way fundraiser on September 19, 2017.
Set a date of hearing for Tuesday, September 12, 2017, at 7 p.m. for Items 10:
10. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2018, AND THE 2018-2022 CAPITAL
PROGRAM.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
11. New 2017 Retail Wine License for The Stag’s Head LLC, The Stag’s Head, 6205
Old Village Place (CUP not required). Pending final inspections per Fire,
Health & Building Services.
12. New 2017-18 Retail Malt Beverage License for The Stag’s Head LLC, The Stag’s
Head, 6205 Old Village Place (CUP not required). Pending final inspections per
Fire, Health & Building Services.
13. Request to include video lottery terminals with the new 2017-18 Retail Malt
Beverage License for The Stag’s Head LLC, The Stag’s Head, 6205 Old Village
Place. Pending final inspections per Fire, Health & Building Services.
14. New 2017 Retail Wine License for Envy Nail & Spa LLC, Envy Nail & Spa, 4212
West Empire Place (CUP not required). Pending final inspections per Fire,
Health & Building Services.
15. New 2017-18 Retail Malt Beverage License for Envy Nail & Spa LLC, Envy Nail
& Spa, 4212 West Empire Place (CUP not required). Pending final inspections
per Fire, Health & Building Services.
16. New 2017 Off-Sale Delivery License for TSlat Inc., JJ’s Wine, Spirits & Cigars,
4810 South Western Avenue.
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Poet, 4615 North Lewis
Avenue, for a social on August 22, 2017.
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Stockyards Plaza Inc., to be operated at Stockyards Ag Experience Barn, 301 East
Falls Park Drive, for donor appreciation events on August 23 & 24, 2017.
19. Special One-Day Malt Beverage License for The Banquet to be operated at Cliff
Avenue Greenhouse & Garden Center, 2101 East 26th Street, for a fundraiser on
October 5, 2017.
INTRODUCTION AND ADOPTION OF ORDINANCES
20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 111: ALCOHOLIC BEVERAGES TO PROVIDE FOR AN OFF-
SALE DELIVERY CLASSIFICATION AND FEE.
21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX
FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS
SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156:
FLOODPLAIN MANAGEMENT.
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
23:
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1600 W. 51ST ST. FROM THE
UNZONED AND I-1 LIGHT INDUSTRIAL DISTRICTS TO THE S-1
GENERAL INSTITUTIONAL AND I-1 LIGHT INDUSTRIAL DISTRICTS
PETITION NO. 6596-2017, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
24:
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 426 W. 7TH ST. FROM THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION
NO. 6980-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
25:
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 430 W. 7TH ST. FROM THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION
NO. 6982-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
26:
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE NW CORNER OF E. 85TH ST.
AND S. CLIFF AVE. FROM THE AG AGRICULTURE DISTRICT TO THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT
PETITION NO. 6998-2017, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
27:
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED EAST OF S. SYCAMORE AVE. AND
NORTH OF E. 41ST ST. FROM THE RA-2 APARTMENT RESIDENTIAL—
MODERATE DENSITY DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN, O OFFICE, AND C-2, COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICTS PETITION NO. 7071-
2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
28:
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED NORTH OF W. 41ST ST. AND WEST OF
S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT PETITION NO.
7078-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (7-0).
Set a date of hearing and 2nd Reading for Tuesday, September 5, 2017, at 7 p.m. for Item
29:
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT NE CORNER OF W. BENSON RD.
AND N. OKLAHOMA AVE. FROM THE O OFFICE DISTRICT TO THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT PETITION NO.
7080-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF SIOUX FALLS. Planning Commission recommends approval (7-0).
HEARINGS AND RESOLUTIONS
30. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (Hey Mary Lou,
Blindside)
31. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. (Trudy Peckham
Memorial)
32. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
33. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN
THE SOUTH DAKOTA OFFICE OF ATTORNEY GENERAL AND THE
SIOUX FALLS POLICE DEPARTMENT.
NOTICE OF HEARINGS FOR STREET VACATIONS
Set a hearing date for Tuesday, September 12, 2017, at 7 p.m. for Items 34 and 35:
34. A PROPOSED RESOLUTION VACATING THE N. COCKATIEL AVE.
RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF W. AMBER
ST. TO 102.50' SOUTH.
35. A PROPOSED RESOLUTION VACATING A PORTION OF THE MALL
AVENUE RIGHT-OF-WAY AS SHOWN ON EXHIBIT A.
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)
36. REPORT OF THE AUGUST 4, 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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