City Council Meeting
Regular MeetingSioux Falls, SD · November 21, 2017
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, November 21, 2017, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Pat Starr Council Member Christine M. Erickson
Council Member Theresa Stehly Council Member Rex Rolfing
Council Member Michelle Erpenbach
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Mayor Mike T. Huether
INVOCATION
Pastor Brett Best, Emmanuel Baptist Church
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
2017 Sioux Falls Mayoral Beautification Excellence Award for Residential - Home and
Yard
Ceca Cooper – 1206 S. 3rd Avenue
Richard Koch – 2512 E. Marson Drive
2017 Sioux Falls Mayoral Beautification Excellence Award for Nonresidential -
Business or Public Space
Stockwell Engineers – 801 N. Phillips Avenue
VISITOR RECOGNITION
Cub Scout Pack 371
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, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, November 14, 2017, at 4 p.m.
City Council Meeting of Tuesday, November 14, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the November 17, 2017, memo.
2. Approval of the notice of change orders on the November 17, 2017, memo.
3. Report of Requests for Quotes for Fuel dated: November 8, 2017; Unleaded &
Clear Diesel #2; 1,025 Gallons (335 Gallons Unleaded & 690 Gallons Clear Diesel
#2); Howes Oil ($2.1925 Unleaded & $2.5425 Clear Diesel #2); Midway Service,
Cole's Petroleum, Stern Oil, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid
awarded to: Howes Oil.
4. Report of Requests for Quotes for Fuel dated: November 14, 2017; Unleaded;
8,500 Gallons; Cole's Petroleum ($2.0127); Stern Oil ($2.0925); Harms Oil
($2.0055); Howes Oil ($2.0175); Midway Service, CHS, Inc., and Olson Oil, all
no bid. Bid awarded to: Harms Oil.
5. Report of Requests for Quotes for Fuel dated: November 14, 2017; #1 & #2 Clear
Diesel; 9,000 Gallons; Harms Oil ($2.4000 #1 Clear Diesel & $2.6752 #2 Clear
Diesel); CHS, Inc., Howes Oil, and Midwest Oil, all no bid. Bid awarded to:
Harms Oil.
6. A communication was received from Michael Leslie, Cave Enterprises dba Burger
King, requesting permission to consume, but not sell, liquor, wine, and/or malt
beverage at the Old Courthouse Museum, 200 W. Sixth St., on Monday, December
11, 2017, for a Leaders Christmas Party.
APPLICATIONS
7. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Canton Barn LLC to be operated at The French Door, 4819 South Louise Avenue,
for grand opening events on December 8, 9 and 10, 2017.
8. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2018 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit C.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, December 5, 2017, at 7 p.m. for Items 9 through 26:
9. Rescind New 2017 Retail Wine License for The Stag’s Head LLC, The Stag’s
Head, 6205 Old Village Place.
10. Rescind New 2017-18 Retail Malt Beverage License for The Stag’s Head LLC,
The Stag’s Head, 6205 Old Village Place.
11. Rescind 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.
12. New 2017-18 Retail Malt Beverage License for Estetica Unisex Mia LLC, Salon
Mia, 3801 West 34th Street, Suite 115 (CUP not required).
13. Transfer 2017 Package Liquor License from Libation Station LLC, Libation
Station, 5009 South Western Avenue, Suite 200, to IJK Inc, Stogeez Cigar
Lounge, 201 East 11th Street (CUP not required; this is addition to an existing
license).
14. Renewal of 2018 Package Liquor License for IJK Inc, Stogeez Cigar Lounge, 201
East 11th Street.
15. New 2018 Retail Wine License for Everest Indian Cuisine Inc, Everest Indian
Cuisine, 3406 South Western Avenue (CUP not required).
16. New 2017-18 Retail Malt Beverage License for Everest Indian Cuisine Inc,
Everest Indian Cuisine, 3406 South Western Avenue (CUP not required).
17. Transfer of 2017 Package Liquor License from Grevco Inc, Shop N Cart North,
1029 North Minnesota Avenue, to Davlon Inc., Shop N Cart Northwest, 400 North
West Avenue, Suite 101, with Conditional Use Permit (6224-2017) being
approved on February 1, 2017.
18. Renewal of 2018 Package Liquor License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue.
19. New 2017-18 Package Malt Beverage License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, Suite 101, with Conditional Use Permit
(6224-2017) being approved on February 1, 2017.
20. New 2017-18 Retail Malt Beverage License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, with Conditional Use Permit (6224-2017)
being approved on February 1, 2017.
21. Request to include video lottery terminals with the new 2017-18 Retail Malt
Beverage License for Davlon Inc., business name to be determined, 400 North
West Avenue, Suite 102, with Conditional Use Permit (6224-2017) being
approved on February 1, 2017.
22. New 2018-19 Package Malt Beverage License for Grevco Inc., Shop N Cart
North, 1029 North Minnesota Avenue (CUP not required; this is addition to an
existing license).
23. Special One-Day Package Off-Sale Wine license for Rotary West to be operated at
4712 East Alpine Circle, for a fundraiser on December 22, 2017.
24. Special One-Day Malt Beverage and Special One-Day Wine License for Avera
McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th
Street, for a fundraiser on February 3, 2018.
25. Special One-Day Liquor License for Avera McKennan Foundation to be operated
at Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on April 13, 2018.
26. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2018 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit E.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Marshall Selberg and seconded by Council
Member Rick Kiley to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
PUBLIC INPUT
Scott Ehrisman spoke about the railyard development project and downtown rail traffic.
He also spoke about the downtown parking ramp project.
Catherine Riffle spoke about street dwellers and the homeless, comments made about
street dwellers and the homeless, shelter during the cold weather, and her personal
experiences with the homeless.
Heather Pastor spoke about how people with certain disabilities are treated differently,
her personal experiences, and access to help.
Thor Bardon spoke about the council’s scrutiny of the proposed parking ramp; public
input during City Council meetings and free speech.
James Reed spoke about going to court, making decisions, getting help, and helping
others.
Steven Siano spoke about Charles Manson, obstruction of benefits, and supervisory
responsibilities of the council.
Cathy Brechtelsbauer spoke about her opposition to the proposed parking ramp and her
desire to see more public discussion.
David Zokaites spoke about recommendations he has for improvements to the police
departments.
Sierra Broussard spoke about the multi-housing association, detention of an alleged
criminal, police staffing, and high crime areas.
Bruce Danielson spoke about public input, the proposed parking ramp, availability of
information, and the vote of the council.
UNFINISHED BUSINESS
27. New 2018 Retail Wine License for Boss’ Pizza and Chicken LLC, Boss’ Pizza and
Chicken, 2111 South Minnesota Avenue (CUP not required; this is an addition to
an existing license).
28. New 2017-18 Retail Malt Beverage License for Dragonfly Salon LLC, Dragonfly
Salon, 7720 South Dakota Hawk Avenue (CUP not required). Pending final
inspections per Fire, Health and Building Services.
29. New 2017-18 Package Malt Beverage License for Berenise Garcia-Navarrete and
Alberto Carranza, Mi Casa Latina Mexican Store, 809 South Marion Road (CUP
not required).
30. New 2017-18 Package Malt Beverage License for Kum & Go LC, Kum & Go
#635, 1005 West 11th Street (CUP not required). Pending final inspections per
Fire, Health and Building Services.
31. Transfer of 2017 Package Liquor License from I-90 Fuel Services, Inc., The Gas
Stop #123, 4800 South Western Avenue (now known as 1927 West 57th Street), to
I-90 Fuel Services, Inc., The Gas Stop #104, 7414 South Minnesota Avenue (CUP
not required). Pending final inspection per Fire, Health and Building Services.
32. Renewal of 2018 Package Liquor License for I-90 Fuel Services, Inc., The Gas
Stop #104, 7414 South Minnesota Avenue. Pending final inspection per Fire,
Health and Building Services.
33. New 2017-18 Package Malt Beverage License for I-90 Fuel Services, Inc., The
Gas Stop #123, 1927 West 57th Street (CUP not required).
34. Transfer of 2017 Package Liquor License from The Little Cellar Wine Company,
The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106, to Lewis
Drugs Inc., Lewis Drug, 2701 South Minnesota Avenue (CUP not required).
35. Renewal of 2018 Package Liquor License for Lewis Drugs Inc., Lewis Drug, 2701
South Minnesota Avenue.
36. Special One-day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Orthopedic Institute, 810
East 23rd Street, for a holiday party on November 30, 2017.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Michelle Erpenbach to approve Items 27 through 36.
Vote to approve: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
SECTION 37.038, PROVIDING FOR RURAL SERVICE DISTRICT LANDS.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Michelle Erpenbach to adopt said Ordinance No. 111-17.
Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING A MIDAMERICAN ENERGY COMPANY GAS AND
REGULATOR STATION EASEMENT.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Marshall Selberg to adopt said Ordinance No. 112-17.
Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF N.
WEBER AVE. AND E. 7TH ST. FROM THE REC RECREATION DISTRICT
TO THE LW LIVE-WORK DISTRICT, PETITION NO. 7457-2017, 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 Michelle Erpenbach and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, December 5,
2017, at 7 p.m. for Item 39.
Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED WEST OF S. TOWNSLEY AVE. AND
SOUTH OF W. 85TH ST. FROM THE O OFFICE DISTRICT TO THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT,
PETITION NO. 7505-2017, 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 Michelle Erpenbach and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, December 5,
2017, at 7 p.m. for Item 40.
Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 41:
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND WEST OF
HIGHWAY 11 FROM THE AG AGRICULTURE DISTRICT TO THE I-1
LIGHT INDUSTRIAL DISTRICT, PETITION NO. 7519-2017, 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
Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, December 5,
2017, at 7 p.m. for Item 41.
Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 6506 AND 6512 S. VINTAGE PL.
FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT
TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN
DISTRICT, PETITION NO. 7584-2017, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (6-0).
Council Member Marshall Selberg excused himself from the discussion and vote on Item
42.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, December 5,
2017, at 7 p.m. for Item 42.
Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, 5. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 43:
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1010 E. 9TH ST. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT,
PETITION NO. 7593-2017, 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
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, December 5,
2017, at 7 p.m. for Item 43.
Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 44:
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 7101, 7107, AND 7113 S. MAN CAVE
PL. FROM THE O OFFICE DISTRICT TO THE RCD RESIDENTIAL
CLUSTER DEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT,
PETITION NO. 7618-2017, 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 Michelle Erpenbach and seconded by Council
Member Greg Neitzert to set a date of hearing and 2nd Reading for Tuesday, December
5, 2017, at 7 p.m. for Item 44.
Vote to set a date: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 45:
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH
DAKOTA (THE “CITY”), AUTHORIZING THE ISSUANCE OF ITS SALES
TAX REVENUE BONDS, AUTHORIZING THE USE OF THE PROCEEDS
THEREOF TO PAY THE COSTS TO DESIGN, CONSTRUCT, EQUIP, AND
FURNISH A NEW PARKING STRUCTURE TO INCLUDE
APPROXIMATELY 520 PARKING SPACES AND RELATED
IMPROVEMENTS TO BE LOCATED AT 110 S. MALL AVE. IN THE CITY
OF SIOUX FALLS, SOUTH DAKOTA (TOGETHER WITH SITE, STREET
AND DRAINAGE IMPROVEMENTS, LANDSCAPING, AND RELATED
FACILITIES AND EQUIPMENT) AND THE COST OF ISSUANCE THEREOF,
AND PLEDGING A PORTION OF THE SALES AND USE TAX PROCEEDS
OF THE CITY TO THE PAYMENT OF SAID SALES TAX REVENUE
BONDS, FIXING THE TERMS OF SUCH SALES TAX REVENUE BONDS,
AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND
SUPPLEMENTAL INDENTURE TO AN AMENDED AND RESTATED
INDENTURE OF TRUST BETWEEN THE CITY AND THE FIRST
NATIONAL BANK IN SIOUX FALLS, AND AUTHORIZING THE SALE,
EXECUTION, AND DELIVERY OF SUCH SALES TAX REVENUE BONDS
IN AN AMOUNT SUFFICIENT (I) TO FUND A DEPOSIT OF BOND
PROCEEDS IN AN AMOUNT NOT TO EXCEED $16,500,000 TO A
CONSTRUCTION FUND TO FINANCE SUCH PROJECT; (II) TO PAY
COSTS OF ISSUANCE OF SUCH BONDS; AND (III) TO FUND
CAPITALIZED INTEREST, IF ANY, AND A DEBT SERVICE RESERVE
FUND.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday,
December 5, 2017, at 7 p.m. for Item 45.
Vote to set a date: Roll Call: Yeses, Pat Starr, Michelle Erpenbach, Rick Kiley, Greg
Neitzert, Marshall Selberg, 5. Noes, Theresa Stehly, 1.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 46:
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LEGACY
DEVELOPMENT & CONSULTING COMPANY, LLC ALONG WITH OTHER
DOCUMENTS, AMENDMENTS, OR OTHER INSTRUMENTS AS MAY BE
DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE
DEVELOPMENT AGREEMENT.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Greg Neitzert to set a date of hearing and 2nd Reading for Tuesday, December 5, 2017,
at 7 p.m. for Item 46.
Vote to set a date: Roll Call: Yeses, Pat Starr, Michelle Erpenbach, Rick Kiley, Greg
Neitzert, Marshall Selberg, 5. Noes, Theresa Stehly, 1.
Motion Passed.
HEARINGS AND RESOLUTIONS
47. A RESOLUTION TO AMEND AND RESTATE RESOLUTION 109-10 TO
ADOPT AS A GOAL THAT THE CITY MAINTAIN AN 11 PERCENT
MONTHLY UNRESTRICTED CASH BALANCE AND A 25 PERCENT
GENERAL FUND RESERVE BALANCE AT YEAR END; THAT FUTURE
BUDGETS OF THE CITY BALANCE WITHOUT THE USE OF
UNOBLIGATED RESERVE BALANCES; ESTABLISHING A CITY
COUNCIL POLICY REGARDING THE USE OF PROJECTED REVENUE
FROM FEE OR TAX INCREASES IN ANY BUDGET ADOPTED BY THE
CITY COUNCIL; AND ESTABLISHING A CITY COUNCIL POLICY ON THE
USE OF ENTERPRISE FUNDS.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Marshall Selberg to adopt said Resolution No. 109-17.
Vote to adopt: Roll Call: Yeses, Pat Starr, Theresa Stehly, Michelle Erpenbach, Rick
Kiley, Greg Neitzert, Marshall Selberg, 6. Noes, 0.
Motion Passed.
RESOLUTION NO. 109-17
A RESOLUTION TO AMEND AND RESTATE RESOLUTION 109-10 TO ADOPT AS A
GOAL THAT THE CITY MAINTAIN AN 11 PERCENT MONTHLY UNRESTRICTED
CASH BALANCE AND A 25 PERCENT GENERAL FUND RESERVE BALANCE AT
YEAR END; THAT FUTURE BUDGETS OF THE CITY BALANCE WITHOUT THE USE
OF UNOBLIGATED RESERVE BALANCES; ESTABLISHING A CITY COUNCIL POLICY
REGARDING THE USE OF PROJECTED REVENUE FROM FEE OR TAX INCREASES IN
ANY BUDGET ADOPTED BY THE CITY COUNCIL; AND ESTABLISHING A CITY
COUNCIL POLICY ON THE USE OF ENTERPRISE FUNDS.
WHEREAS, the Home Rule Charter of the City of Sioux Falls authorizes the City Council to
appropriate City funds and set City policy; and
WHEREAS, the City Council desires adequate reserves to cash flow City government and meet
any emergencies; and
WHEREAS, the City Council desires an ongoing plan for a fiscally sound budget; and
WHEREAS, the City Council expects potential new revenue streams be approved prior to final
adoption of the budget;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City establish as a goal that it maintain a minimum unrestricted cash balance at the end
of each calendar month equal to 11 percent of the general fund budget for that fiscal year and a
general fund unreserved fund balance as of December 31 for each fiscal year equal to 25 percent
of the general fund budget for that fiscal year. If the unrestricted cash reserves at any month end
or the general fund unreserved fund balance as of December 31 shall fall below these thresholds,
the Mayor shall, as soon as practical thereafter, present the City Council with an explanation and
plan for replenishing the unrestricted cash balance or general fund reserve balance to the targeted
threshold; and
BE IT FURTHER RESOLVED:
That the City establish as a goal that a Mayor’s proposed general fund budget for each fiscal year
provide for balance between projected revenues and expected expenditures without the use of
general fund unreserved fund balances, and that the elected and appointed officials of the City
use their best efforts and mutual cooperation to accomplish that goal. If a Mayor believes that the
financial condition or needs of the City require the use of funds from general fund unreserved
fund balances in any proposed budget, such budget proposal shall include a statement of the
reasons that the Mayor believes justify the use of the general fund unreserved funds; and
BE IT FURTHER RESOLVED:
That it be established as the policy of the City Council that if a Mayor’s proposed general fund
operation budget includes projected revenues from increases in fees, charges, taxes, or other
similar sources that require City Council approval, the ordinance or ordinance amendment
authorizing such increase should be presented to and approved by the City Council prior to the
submission of the proposed budget.
BE IT FURTHER RESOLVED:
That it be established as a policy of the City Council that enterprise accounts of the City relating
to water, water reclamation, sanitary landfill, parking, and the city electric utility should cover
the true cost for that enterprise, including operation, maintenance, periodic capital replacement,
new capital acquisitions and improvements, debt service requirements, and other costs deemed
necessary.
Date adopted: 11/21/17 .
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)
48. REPORT OF THE NOVEMBER 14, 2017, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS
ADJOURNMENT
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rick Kiley to adjourn the meeting at 9:03 p.m.
Mayor Mike T. Huether called for a voice vote. All members voted yes.
Motion Passed.
Thomas M. Greco
City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, November 21, 2017 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
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
Council Member Marshall Selberg
Mayor Mike T. Huether
INVOCATION
● Pastor Brett Best, Emmanuel Baptist Church
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
● 2017 Sioux Falls Mayoral Beautification Excellence Award for Residential - Home and
Yard
● 2017 Sioux Falls Mayoral Beautification Excellence Award for Nonresidential -
Business or Public Space
VISITOR RECOGNITION
● Cub Scout Pack 371
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, November 14, 2017, at 4 p.m.
● City Council Meeting of Tuesday, November 14, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the November 17, 2017, memo.
2. Approval of the notice of change orders on the November 17, 2017, memo.
3. Report of Requests for Quotes for Fuel dated: November 8, 2017; Unleaded &
Clear Diesel #2; 1,025 Gallons (335 Gallons Unleaded & 690 Gallons Clear Diesel
#2); Howes Oil ($2.1925 Unleaded & $2.5425 Clear Diesel #2); Midway Service,
Cole's Petroleum, Stern Oil, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid
awarded to: Howes Oil.
4. Report of Requests for Quotes for Fuel dated: November 14, 2017; Unleaded;
8,500 Gallons; Cole's Petroleum ($2.0127); Stern Oil ($2.0925); Harms Oil
($2.0055); Howes Oil ($2.0175); Midway Service, CHS, Inc., and Olson Oil, all
no bid. Bid awarded to: Harms Oil.
5. Report of Requests for Quotes for Fuel dated: November 14, 2017; #1 & #2 Clear
Diesel; 9,000 Gallons; Harms Oil ($2.4000 #1 Clear Diesel & $2.6752 #2 Clear
Diesel); CHS, Inc., Howes Oil, and Midwest Oil, all no bid. Bid awarded to:
Harms Oil.
6. A communication was received from Michael Leslie, Cave Enterprises dba Burger
King, requesting permission to consume, but not sell, liquor, wine, and/or malt
beverage at the Old Courthouse Museum, 200 W. Sixth St., on Monday, December
11, 2017, for a Leaders Christmas Party.
APPLICATIONS
7. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Canton Barn LLC to be operated at The French Door, 4819 South Louise Avenue,
for grand opening events on December 8, 9 and 10, 2017.
8. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2018 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit C.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, December 5, 2017, at 7 p.m. for Items 9 through 26:
9. Rescind New 2017 Retail Wine License for The Stag’s Head LLC, The Stag’s
Head, 6205 Old Village Place.
10. Rescind New 2017-18 Retail Malt Beverage License for The Stag’s Head LLC,
The Stag’s Head, 6205 Old Village Place.
11. Rescind 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.
12. New 2017-18 Retail Malt Beverage License for Estetica Unisex Mia LLC, Salon
Mia, 3801 West 34th Street, Suite 115 (CUP not required).
13. Transfer 2017 Package Liquor License from Libation Station LLC, Libation
Station, 5009 South Western Avenue, Suite 200, to IJK Inc, Stogeez Cigar
Lounge, 201 East 11th Street (CUP not required; this is addition to an existing
license).
14. Renewal of 2018 Package Liquor License for IJK Inc, Stogeez Cigar Lounge, 201
East 11th Street.
15. New 2018 Retail Wine License for Everest Indian Cuisine Inc, Everest Indian
Cuisine, 3406 South Western Avenue (CUP not required).
16. New 2017-18 Retail Malt Beverage License for Everest Indian Cuisine Inc,
Everest Indian Cuisine, 3406 South Western Avenue (CUP not required).
17. Transfer of 2017 Package Liquor License from Grevco Inc, Shop N Cart North,
1029 North Minnesota Avenue, to Davlon Inc., Shop N Cart Northwest, 400 North
West Avenue, Suite 101, with Conditional Use Permit (6224-2017) being
approved on February 1, 2017.
18. Renewal of 2018 Package Liquor License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue.
19. New 2017-18 Package Malt Beverage License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, Suite 101, with Conditional Use Permit
(6224-2017) being approved on February 1, 2017.
20. New 2017-18 Retail Malt Beverage License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, with Conditional Use Permit (6224-2017)
being approved on February 1, 2017.
21. Request to include video lottery terminals with the new 2017-18 Retail Malt
Beverage License for Davlon Inc., business name to be determined, 400 North
West Avenue, Suite 102, with Conditional Use Permit (6224-2017) being
approved on February 1, 2017.
22. New 2018-19 Package Malt Beverage License for Grevco Inc., Shop N Cart
North, 1029 North Minnesota Avenue (CUP not required; this is addition to an
existing license).
23. Special One-Day Package Off-Sale Wine license for Rotary West to be operated at
4712 East Alpine Circle, for a fundraiser on December 22, 2017.
24. Special One-Day Malt Beverage and Special One-Day Wine License for Avera
McKennan Foundation to be operated at Avera Behavioral Health, 4400 West 69th
Street, for a fundraiser on February 3, 2018.
25. Special One-Day Liquor License for Avera McKennan Foundation to be operated
at Avera Prairie Center, 1000 East 23rd Street, for a fundraiser on April 13, 2018.
26. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2018 to be operated at various locations in the City of Sioux Falls, SD, identified
as Exhibit E.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
27. New 2018 Retail Wine License for Boss’ Pizza and Chicken LLC, Boss’ Pizza and
Chicken, 2111 South Minnesota Avenue (CUP not required; this is an addition to
an existing license).
28. New 2017-18 Retail Malt Beverage License for Dragonfly Salon LLC, Dragonfly
Salon, 7720 South Dakota Hawk Avenue (CUP not required). Pending final
inspections per Fire, Health and Building Services.
29. New 2017-18 Package Malt Beverage License for Berenise Garcia-Navarrete and
Alberto Carranza, Mi Casa Latina Mexican Store, 809 South Marion Road (CUP
not required).
30. New 2017-18 Package Malt Beverage License for Kum & Go LC, Kum & Go
#635, 1005 West 11th Street (CUP not required). Pending final inspections per
Fire, Health and Building Services.
31. Transfer of 2017 Package Liquor License from I-90 Fuel Services, Inc., The Gas
Stop #123, 4800 South Western Avenue (now known as 1927 West 57th Street), to
I-90 Fuel Services, Inc., The Gas Stop #104, 7414 South Minnesota Avenue (CUP
not required). Pending final inspection per Fire, Health and Building Services.
32. Renewal of 2018 Package Liquor License for I-90 Fuel Services, Inc., The Gas
Stop #104, 7414 South Minnesota Avenue. Pending final inspection per Fire,
Health and Building Services.
33. New 2017-18 Package Malt Beverage License for I-90 Fuel Services, Inc., The
Gas Stop #123, 1927 West 57th Street (CUP not required).
34. Transfer of 2017 Package Liquor License from The Little Cellar Wine Company,
The Little Cellar Wine Company, 2425 South Shirley Avenue, Suite 106, to Lewis
Drugs Inc., Lewis Drug, 2701 South Minnesota Avenue (CUP not required).
35. Renewal of 2018 Package Liquor License for Lewis Drugs Inc., Lewis Drug, 2701
South Minnesota Avenue.
36. Special One-day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Orthopedic Institute, 810
East 23rd Street, for a holiday party on November 30, 2017.
INTRODUCTION AND ADOPTION OF ORDINANCES
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING
SECTION 37.038, PROVIDING FOR RURAL SERVICE DISTRICT LANDS.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING A MIDAMERICAN ENERGY COMPANY GAS AND
REGULATOR STATION EASEMENT.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF N.
WEBER AVE. AND E. 7TH ST. FROM THE REC RECREATION DISTRICT
TO THE LW LIVE-WORK DISTRICT, PETITION NO. 7457-2017, 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, December 5, 2017, at 7 p.m. for
Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED WEST OF S. TOWNSLEY AVE. AND
SOUTH OF W. 85TH ST. FROM THE O OFFICE DISTRICT TO THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT,
PETITION NO. 7505-2017, 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, December 5, 2017, at 7 p.m. for
Item 41:
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND WEST OF
HIGHWAY 11 FROM THE AG AGRICULTURE DISTRICT TO THE I-1
LIGHT INDUSTRIAL DISTRICT, PETITION NO. 7519-2017, 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, December 5, 2017, at 7 p.m. for
Item 42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 6506 AND 6512 S. VINTAGE PL.
FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT
TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN
DISTRICT, PETITION NO. 7584-2017, 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, December 5, 2017, at 7 p.m. for
Item 43:
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1010 E. 9TH ST. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT,
PETITION NO. 7593-2017, 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, December 5, 2017, at 7 p.m. for
Item 44:
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 7101, 7107, AND 7113 S. MAN CAVE
PL. FROM THE O OFFICE DISTRICT TO THE RCD RESIDENTIAL
CLUSTER DEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT,
PETITION NO. 7618-2017, 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, December 5, 2017, at 7 p.m. for
Item 45:
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH
DAKOTA (THE “CITY”), AUTHORIZING THE ISSUANCE OF ITS SALES
TAX REVENUE BONDS, AUTHORIZING THE USE OF THE PROCEEDS
THEREOF TO PAY THE COSTS TO DESIGN, CONSTRUCT, EQUIP, AND
FURNISH A NEW PARKING STRUCTURE TO INCLUDE
APPROXIMATELY 520 PARKING SPACES AND RELATED
IMPROVEMENTS TO BE LOCATED AT 110 S. MALL AVE. IN THE CITY
OF SIOUX FALLS, SOUTH DAKOTA (TOGETHER WITH SITE, STREET
AND DRAINAGE IMPROVEMENTS, LANDSCAPING, AND RELATED
FACILITIES AND EQUIPMENT) AND THE COST OF ISSUANCE THEREOF,
AND PLEDGING A PORTION OF THE SALES AND USE TAX PROCEEDS
OF THE CITY TO THE PAYMENT OF SAID SALES TAX REVENUE
BONDS, FIXING THE TERMS OF SUCH SALES TAX REVENUE BONDS,
AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND
SUPPLEMENTAL INDENTURE TO AN AMENDED AND RESTATED
INDENTURE OF TRUST BETWEEN THE CITY AND THE FIRST
NATIONAL BANK IN SIOUX FALLS, AND AUTHORIZING THE SALE,
EXECUTION, AND DELIVERY OF SUCH SALES TAX REVENUE BONDS
IN AN AMOUNT SUFFICIENT (I) TO FUND A DEPOSIT OF BOND
PROCEEDS IN AN AMOUNT NOT TO EXCEED $16,500,000 TO A
CONSTRUCTION FUND TO FINANCE SUCH PROJECT; (II) TO PAY
COSTS OF ISSUANCE OF SUCH BONDS; AND (III) TO FUND
CAPITALIZED INTEREST, IF ANY, AND A DEBT SERVICE RESERVE
FUND.
Set a date of hearing and 2nd Reading for Tuesday, December 5, 2017, at 7 p.m. for
Item 46:
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LEGACY
DEVELOPMENT & CONSULTING COMPANY, LLC ALONG WITH OTHER
DOCUMENTS, AMENDMENTS, OR OTHER INSTRUMENTS AS MAY BE
DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE
DEVELOPMENT AGREEMENT.
HEARINGS AND RESOLUTIONS
47. A RESOLUTION TO AMEND AND RESTATE RESOLUTION 109-10 TO
ADOPT AS A GOAL THAT THE CITY MAINTAIN AN 11 PERCENT
MONTHLY UNRESTRICTED CASH BALANCE AND A 25 PERCENT
GENERAL FUND RESERVE BALANCE AT YEAR END; THAT FUTURE
BUDGETS OF THE CITY BALANCE WITHOUT THE USE OF
UNOBLIGATED RESERVE BALANCES; ESTABLISHING A CITY
COUNCIL POLICY REGARDING THE USE OF PROJECTED REVENUE
FROM FEE OR TAX INCREASES IN ANY BUDGET ADOPTED BY THE
CITY COUNCIL; AND ESTABLISHING A CITY COUNCIL POLICY ON THE
USE OF ENTERPRISE FUNDS.
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)
48. REPORT OF THE NOVEMBER 14, 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.
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