City Council Meeting
Regular MeetingSioux Falls, SD · December 19, 2017
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, December 19, 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 Michelle Erpenbach
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
Council Member Pat Starr requested the following item be removed from the Consent
Agenda and placed on the Regular Agenda: Item 1; Health; Southeastern Behavioral
Healthcare PATH Agreement; Agreement for Services; Southeastern Behavioral Health
Care; $57,000.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to approve the Consent 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.
MINUTES
Informational Meeting of Tuesday, December 12, 2017, at 4 p.m.
City Council Meeting of Tuesday, December 12, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the December 15, 2017, memo.
2. Approval of the notice of change orders on the December 15, 2017, memo.
3. Report of Requests for Quotes for Fuel Dated: December 6, 2017; #1 & #2 Dyed
Diesel; 3,750 Gallons each; Harms Oil ($2.4934 #1 DM & $2.2657 #2 DM);
Midway Service, Cole's Petroleum, Stern Oil, Howes Oil, CHS, Inc., and Olson
Oil, all no bid. Bid awarded to: Harms Oil.
APPLICATIONS
4. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo
Wild Wings, 2601 South Louise Avenue, Suite 100.
5. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo
Wild Wings, 909 West Avenue North.
6. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo
Wild Wings, 640 South Highline Place.
7. Special One-Day Liquor License for Washington Pavilion Management Inc.,
Washington Pavilion of Arts & Science, 301 South Main Avenue, for a special
event on January 16, 2018.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, January 2, 2018, at 7 p.m. for Items 8 through 15:
8. New 2018 Retail Wine License for Dakota Seafood Sioux Falls, Dakota Seafood
Sioux Falls, 5009 South Western Avenue, Suite 200, with Conditional Use Permit
(7688-2017) being approved on December 6, 2017.
9. New 2017-18 Retail Malt Beverage License for Dakota Seafood Sioux Falls,
Dakota Seafood Sioux Falls, 5009 South Western Avenue, Suite 200, with
Conditional Use Permit (7688-2017) being approved on December 6, 2017.
10. Transfer of 2017-18 Retail Malt Beverage License from Tokyo Sushi & Hibachi
Steakhouse LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to
Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse,
3202 East 10th Street.
11. Transfer of 2017 Retail Wine License from Tokyo Sushi & Hibachi Steakhouse
LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to Tokyo Sushi
& Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East
10th Street.
12. Renewal of 2018 Retail Wine License for Tokyo Sushi & Hibachi Steakhouse SD
LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street.
13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Great
Bear Recreation Park Inc., Great Bear Recreation Park to be operated at Media
One, 3918 South Western Avenue, for a Chamber Mixer on January 9, 2018.
14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Zoological Society Sioux Falls to be operated at the Great Plains Zoo & Delbridge
Museum, 805 South Kiwanis Avenue, for a chamber mixer on March 13, 2018.
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Minnehaha Country Club Inc. to be operated at Lawrence & Schiller, 3932 South
Willow Avenue, for a special event on January 5, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Christine M. Erickson 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
Catherine Riffle spoke about street dwellers, the homeless, budgets, emergency shelters,
and priorities.
Sierra Broussard spoke about conducting citizen arrests, assistance by the Police
Department, crime in the City, and the golf course contract.
Steven Siano spoke about interactions with the police regarding a threat, Southeastern
Behavioral Health, failure to recognize his disability, and culpability.
Clara Hart spoke about her experiences with state and local government and her
experiences as a refugee.
Bob Kolbe spoke about the role of public input and political representation.
David Zokaites spoke about the parking ramp.
Bruce Danielson spoke about public input, the next election, public involvement, and
openness.
Item 1 was heard at this time.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Michelle Erpenbach to approve the following from Agenda Item 1: Health;
Southeastern Behavioral Healthcare PATH Agreement; Agreement for Services;
Southeastern Behavioral Health Care; $57,000.
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.
UNFINISHED BUSINESS
16. Deferred from the City Council Meeting of Tuesday, December 5,
2017: Renewal of 2018 Package Liquor for Grevco Inc., Shop N Cart North, 1029
North Minnesota Avenue.
17. Transfer of New 2017-18 Retail Malt Beverage License for Dakota Coffee
Roasters LLC, The Source Coffee Roastery and Taproom, 421 North Phillips
Avenue, Suite 101, to include the shopping commons area, and courtyard area as
part of their licensed premise (CUP not required). Pending final inspections per
Fire, Health and Building Services.
18. New 2017 Retail Wine License for Dakota Coffee Roasters LLC, The Source
Coffee Roastery and Taproom, 421 North Phillips Avenue, Suite 101, to include
the shopping commons area, and courtyard area as part of their licensed premise
(CUP not required). Pending final inspections per Fire, Health and Building
Services.
19. Renewal of 2018 Retail Wine License for Dakota Coffee Roaster, LLC, The
Source Coffee Roastery and Taproom, 421 North Phillips Ave, Suite 101,
shopping commons area and courtyard area (CUP not required). Pending final
inspections per Fire, Health and Building Services.
20. New 2018 Retail Wine License for Shaeffer DIY Instructing LLC, Board and
Brush, 1813 South Marion Road, Suite 101 (CUP not required).
21. New 2017-18 Retail Malt Beverage License for Shaeffer DIY Instructing LLC,
Board and Brush, 1813 South Marion Road, Suite 101 (CUP not required).
22. Transfer of 2017 Package Liquor License from Grevco Inc, Shop N Cart West,
5112 West 12th Street, 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. Pending final inspections per Fire, Health and Building
Services.
23. Renewal of 2018 Package Liquor License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, Suite 101. Pending final inspections per
Fire, Health and Building Services.
24. 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. Pending final inspections per
Fire, Health and Building Services.
25. New 2017-18 Retail Malt Beverage License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, Suite, 102, with Conditional Use Permit
(6224-2017) being approved on February 1, 2017. Pending final inspections per
Fire, Health and Building Services.
26. 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. Pending final inspections per Fire, Health and
Building Services.
27. 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).
28. Special One-Day Malt Beverage Licenses for Sioux Falls Roller Dollz to be
operated at Special Olympics South Dakota Unify Center, 800 E I-90 Lane, for
roller derby games on February 3, March 24, and April 28, 2018.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to approve Item 16.
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.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Marshall Selberg to approve Items 17 through 24 and 27 through 28.
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.
A motion was made by Council Member Rex Rolfing approve Items 25 and 26. Motion
died for a lack of a second.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to approve Item 25.
A substitute motion was made by Council Member Marshall Selberg and seconded by
Council Member Rick Kiley to defer Item 25 to the City Council Meeting of Tuesday,
January 2, 2018, at 7 p.m.
Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Marshall Selberg, Pat
Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Greg Neitzert, Rex Rolfing, 2.
Motion Passed.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Pat Starr to defer Item 26 to the City Council Meeting of Tuesday, January 2,
2018, at 7 p.m.
Vote to defer: Roll Call: Yeses, Michelle Erpenbach, Rick Kiley, Marshall Selberg, Pat
Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Greg Neitzert, Rex Rolfing, 2.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Rex Rolfing to adopt said Ordinance No. 121-17.
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.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL
10, 2018, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX
FALLS SCHOOL DISTRICT NO. 49-5.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Greg Neitzert to adopt said Ordinance No. 122-17.
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.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE ISSUANCE OF ITS STORM DRAINAGE SYSTEM
REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT,
AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL
IMPROVEMENTS, PLEDGING A PORTION OF THE STORM DRAINAGE
SYSTEM REVENUE OF THE CITY FOR THE PAYMENT OF SAID STORM
DRAINAGE SYSTEM REVENUE BONDS, FIXING THE TERMS OF SUCH
SAID STORM DRAINAGE SYSTEM REVENUE BONDS, AUTHORIZING
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN
THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH STORM
DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA
CONSERVANCY DISTRICT. ($8,829,000)
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 123-17.
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.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Transit, $100,000)
A motion was made by Council Member Rick Kiley and seconded by Council Member
Greg Neitzert to adopt said Ordinance No. 124-17.
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, January 2, 2018, at 7 p.m. for Item
33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 212 S. WILLOW AVE. FROM THE
RS SINGLE-FAMILY RESIDENTIAL —SUBURBAN DISTRICT TO THE RT-
1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION
NO. 7680-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0).
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, January 2,
2018, 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.
Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item
34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 6300 AND 6400 W. 43RD ST. FROM
THE RA-1 APARTMENT RESIDENTIAL—LOW-DENSITY DISTRICT TO
THE O OFFICE DISTRICT PETITION NO. 7734-2017, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (8-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, January
2, 2018, at 7 p.m. for Item 34.
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, January 2, 2018, at 7 p.m. for Item
35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND
EAST OF N. DUBUQUE AVE. FROM THE RS SINGLE FAMILY
RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS TO
THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN, AND REC RECREATION DISTRICTS
PETITION NO. 7735-2017, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(8-0).
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, January 2,
2018, at 7 p.m. for Item 35.
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, January 23, 2018, at 5 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR
MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday,
January 23, 2018, at 5 p.m. for Item 36.
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
37. A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. (Water
Reclamation, $4,746,000; Transit, $100,000)
A motion was made by Council Member Rick Kiley and seconded by Council Member
Christine M. Erickson to adopt said Resolution No. 120-17.
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. 120-17
A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD.
That the 2017–2021 Capital Program shall be amended as follows:
Public Works—Water Reclamation
Amend Capital Improvements Program Project No. 23039, Equalization Basin, by changing the
funding source from State Loans to User Fees in 2017. The estimated cost is $900,000 for
engineering and $3,846,000 in construction, totaling $4,746,000.
Transit
Amend the Other Capital Expenditures Program by adding a bus maintenance lift in 2017. The
estimated cost is $100,000 and will require an increase in appropriations that will be funded by
Transit funds.
Date adopted: 12/19/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
38. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
EXTENSION OF AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE
OVERLOOK CAFÉ.
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to adopt said Resolution No. 121-17.
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. 121-17
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE OVERLOOK CAFÉ
FOR THE MANAGEMENT OF THE OVERLOOK CAFÉ.
WHEREAS, the City of Sioux Falls (the “City”) owns the Overlook Café located at Falls Park;
and
WHEREAS, the City and Mikrho Management, LLC (the “Contractor”) find that it is in the best
interest of the people of the City, the Contractor, and the Overlook Café that it enter into an
extension of agreement between the City and the Contractor, whereby the Contractor will
continue to operate and manage the Overlook Café; and
WHEREAS, the Contractor is best qualified to manage the operation of the Overlook Café; and
WHEREAS, the Contractor and the City find that it is in both parties’ best interest that a one-
year extension of agreement be now executed and subsequently entered into;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. That the document attached hereto and made a part of this resolution entitled
“Extension of the Overlook Café Agreement,” being a one-year extension of agreement for the
Contractor to continue to manage the Overlook Café, is hereby approved.
Section 2. That the Mayor is authorized to sign such agreement after it is ratified and executed
by the Contractor.
Section 3. 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.
Date adopted: 12/19/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
39. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GOLF
COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX
FALLS AND LANDSCAPE MANAGEMENT COMPANY, LLC.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to adopt Item 39.
A motion was made by Council Member Theresa Stehly and seconded by Council
Member Michelle Erpenbach to defer Item 39 for one year and to extend for one year the
contract with Dakota Golf Management.
A substitute motion was made by Council Member Pat Starr to defer Item 39 to the City
Council Meeting of Tuesday, January 2, 2018, at 7 p.m. Motion died for a lack of a
second.
A substitute motion was made by Council Member Rex Rolfing and seconded by
Council Member Pat Starr to substitute motion to defer Item 39 to a City Council
Meeting of Tuesday, December 26, 2017.
Vote to substitute: 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.
40. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING
THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL
MEETING FOR TUESDAY, FEBRUARY 6, 2018, TO MONDAY, FEBRUARY
5, 2018.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Rex Rolfing to adopt said Resolution No. 122-17.
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. 122-17
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS
OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY,
FEBRUARY 6, 2018, TO MONDAY, FEBRUARY 5, 2018.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday,
February 6, 2018, will be rescheduled to 7 p.m. on Monday, February 5, 2018.
This resolution is necessary as February 6, 2018, is the date of travel for City Council members
and the start of events for the 2018 Municipal Government Day at the state legislature in Pierre,
SD.
Date adopted: 12/19/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Michelle Erpenbach and seconded by Council
Member Christine M. Erickson to adopt said Resolution No. 123-17.
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. 123-17
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
Patti Monson ADA Accessibility Review Reappointed for a term from
Board December 2017 to December 2021.
Troy Osterloo ADA Accessibility Review Reappointed for a term from
Board December 2017 to December 2021.
Matt Pruner ADA Accessibility Review Reappointed for a term from
Board December 2017 to December 2021.
Kristi Metzger Arena/Convention/ Appointed for a term from December
Entertainment Center Board 2017 to September 2019 (to fill the
unexpired term of Nicholle
Schuelke).
Mark deWit Mechanical Board of Appeals Reappointed for a term from
and Examiners December 2017 to December 2020.
Thomas Gruenig Mechanical Board of Appeals Reappointed for a term from
and Examiners December 2017 to December 2020.
Christina Lynn Orpheum Theater Advisory Appointed for a term from December
Board of Directors 2017 to December 2020 (to replace
Joseph Niechwiadowicz).
David Heinold School Traffic Safety Appointed for a term from December
Advisory Committee (PATH) 2017 to December 2021.
John Snobeck School Traffic Safety Appointed for a term from December
Advisory Committee (PATH) 2017 to December 2021.
Date adopted: 12/19/17 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
ADJOURNMENT
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to adjourn at 10:38 p.m.
Mayor Mike 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, December 19, 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
● Pastor Randy Gehring, Our Savior's Lutheran Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, December 12, 2017, at 4 p.m.
● City Council Meeting of Tuesday, December 12, 2017, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the December 15, 2017, memo.
2. Approval of the notice of change orders on the December 15, 2017, memo.
3. Report of Requests for Quotes for Fuel Dated: December 6, 2017; #1 & #2 Dyed
Diesel; 3,750 Gallons each; Harms Oil ($2.4934 #1 DM & $2.2657 #2 DM);
Midway Service, Cole's Petroleum, Stern Oil, Howes Oil, CHS, Inc., and Olson
Oil, all no bid. Bid awarded to: Harms Oil.
APPLICATIONS
4. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo
Wild Wings, 2601 South Louise Avenue, Suite 100.
5. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo
Wild Wings, 909 West Avenue North.
6. Renewal of 2018 Retail Liquor License for W & P of Sioux Falls LLC, Buffalo
Wild Wings, 640 South Highline Place.
7. Special One-Day Liquor License for Washington Pavilion Management Inc.,
Washington Pavilion of Arts & Science, 301 South Main Avenue, for a special
event on January 16, 2018.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, January 2, 2018, at 7 p.m. for Items 8 through 15:
8. New 2018 Retail Wine License for Dakota Seafood Sioux Falls, Dakota Seafood
Sioux Falls, 5009 South Western Avenue, Suite 200, with Conditional Use Permit
(7688-2017) being approved on December 6, 2017.
9. New 2017-18 Retail Malt Beverage License for Dakota Seafood Sioux Falls,
Dakota Seafood Sioux Falls, 5009 South Western Avenue, Suite 200, with
Conditional Use Permit (7688-2017) being approved on December 6, 2017.
10. Transfer of 2017-18 Retail Malt Beverage License from Tokyo Sushi & Hibachi
Steakhouse LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to
Tokyo Sushi & Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse,
3202 East 10th Street.
11. Transfer of 2017 Retail Wine License from Tokyo Sushi & Hibachi Steakhouse
LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street, to Tokyo Sushi
& Hibachi Steakhouse SD LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East
10th Street.
12. Renewal of 2018 Retail Wine License for Tokyo Sushi & Hibachi Steakhouse SD
LLC, Tokyo Sushi & Hibachi Steakhouse, 3202 East 10th Street.
13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Great
Bear Recreation Park Inc., Great Bear Recreation Park to be operated at Media
One, 3918 South Western Avenue, for a Chamber Mixer on January 9, 2018.
14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the
Zoological Society Sioux Falls to be operated at the Great Plains Zoo & Delbridge
Museum, 805 South Kiwanis Avenue, for a chamber mixer on March 13, 2018.
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Minnehaha Country Club Inc. to be operated at Lawrence & Schiller, 3932 South
Willow Avenue, for a special event on January 5, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
16. Deferred from the City Council Meeting of Tuesday, December 5,
2017: Renewal of 2018 Package Liquor for Grevco Inc., Shop N Cart North, 1029
North Minnesota Avenue.
17. Transfer of New 2017-18 Retail Malt Beverage License for Dakota Coffee
Roasters LLC, The Source Coffee Roastery and Taproom, 421 North Phillips
Avenue, Suite 101, to include the shopping commons area, and courtyard area as
part of their licensed premise (CUP not required). Pending final inspections per
Fire, Health and Building Services.
18. New 2017 Retail Wine License for Dakota Coffee Roasters LLC, The Source
Coffee Roastery and Taproom, 421 North Phillips Avenue, Suite 101, to include
the shopping commons area, and courtyard area as part of their licensed premise
(CUP not required). Pending final inspections per Fire, Health and Building
Services.
19. Renewal of 2018 Retail Wine License for Dakota Coffee Roaster, LLC, The
Source Coffee Roastery and Taproom, 421 North Phillips Ave, Suite 101,
shopping commons area and courtyard area (CUP not required). Pending final
inspections per Fire, Health and Building Services.
20. New 2018 Retail Wine License for Shaeffer DIY Instructing LLC, Board and
Brush, 1813 South Marion Road, Suite 101 (CUP not required).
21. New 2017-18 Retail Malt Beverage License for Shaeffer DIY Instructing LLC,
Board and Brush, 1813 South Marion Road, Suite 101 (CUP not required).
22. Transfer of 2017 Package Liquor License from Grevco Inc, Shop N Cart West,
5112 West 12th Street, 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. Pending final inspections per Fire, Health and Building
Services.
23. Renewal of 2018 Package Liquor License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, Suite 101. Pending final inspections per
Fire, Health and Building Services.
24. 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. Pending final inspections per
Fire, Health and Building Services.
25. New 2017-18 Retail Malt Beverage License for Davlon Inc., Shop N Cart
Northwest, 400 North West Avenue, Suite, 102, with Conditional Use Permit
(6224-2017) being approved on February 1, 2017. Pending final inspections per
Fire, Health and Building Services.
26. 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. Pending final inspections per Fire, Health and
Building Services.
27. 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).
28. Special One-Day Malt Beverage Licenses for Sioux Falls Roller Dollz to be
operated at Special Olympics South Dakota Unify Center, 800 E I-90 Lane, for
roller derby games on February 3, March 24, and April 28, 2018.
INTRODUCTION AND ADOPTION OF ORDINANCES
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL
10, 2018, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX
FALLS SCHOOL DISTRICT NO. 49-5.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE ISSUANCE OF ITS STORM DRAINAGE SYSTEM
REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT,
AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL
IMPROVEMENTS, PLEDGING A PORTION OF THE STORM DRAINAGE
SYSTEM REVENUE OF THE CITY FOR THE PAYMENT OF SAID STORM
DRAINAGE SYSTEM REVENUE BONDS, FIXING THE TERMS OF SUCH
SAID STORM DRAINAGE SYSTEM REVENUE BONDS, AUTHORIZING
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN
THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH STORM
DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA
CONSERVANCY DISTRICT. ($8,829,000)
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Transit, $100,000)
Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item
33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 212 S. WILLOW AVE. FROM THE
RS SINGLE-FAMILY RESIDENTIAL —SUBURBAN DISTRICT TO THE RT-
1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT PETITION
NO. 7680-2017, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. Planning Commission recommends approval (8-0).
Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item
34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 6300 AND 6400 W. 43RD ST. FROM
THE RA-1 APARTMENT RESIDENTIAL—LOW-DENSITY DISTRICT TO
THE O OFFICE DISTRICT PETITION NO. 7734-2017, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (8-0).
Set a date of hearing and 2nd Reading for Tuesday, January 2, 2018, at 7 p.m. for Item
35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND
EAST OF N. DUBUQUE AVE. FROM THE RS SINGLE FAMILY
RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS TO
THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN, AND REC RECREATION DISTRICTS
PETITION NO. 7735-2017, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(8-0).
Set a date of hearing and 2nd Reading for Tuesday, January 23, 2018, at 5 p.m. for Item
36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR
MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
HEARINGS AND RESOLUTIONS
37. A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. (Water
Reclamation, $4,746,000; Transit, $100,000)
38. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
EXTENSION OF AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND THE OVERLOOK CAFÉ FOR THE MANAGEMENT OF THE
OVERLOOK CAFÉ.
39. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GOLF
COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX
FALLS AND LANDSCAPE MANAGEMENT COMPANY, LLC.
40. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING
THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL
MEETING FOR TUESDAY, FEBRUARY 6, 2018, TO MONDAY, FEBRUARY
5, 2018.
41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
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