City Council Meeting
Regular MeetingSioux Falls, SD · March 20, 2018
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, March 20, 2018, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
PRESENT ABSENT
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Rex Rolfing
Council Member Marshall Selberg
Council Member Pat Starr (arr. 7:27 p.m.)
Council Member Theresa Stehly
Council Member Christine M. Erickson
Council Member Michelle Erpenbach
Mayor Mike T. Huether
INVOCATION
Pastor JR Worley, Celebrate 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
Marshall Selberg to approve the consent agenda.
Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, March 13, 2018, at 4 p.m.
City Council Meeting of Tuesday, March 13, 2018, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the March 16, 2018, memo.
2. A communication was received from Royal Sonsalla requesting permission to
consume, but not sell, beer and wine at the Old Courthouse Museum, 200 W. 6th
St., on Saturday, May 12, 2018, for a wedding.
3. Sioux Area Metro Report of Requests for Quotes for Fuel dated: March 8, 2018;
50/50 Blend #1 and #2 Clear Diesel; 7,500 Gallons; CHS, Inc. (#1 Clear diesel
$2.485 and #2 Clear Diesel $2.305); Midwest Oil, Harms Oil, Howes Oil, all no
bid. Bid awarded to: CHS, Inc.
4. Report of Requests for Quotes for Fuel dated: March 9, 2018; Dyed Diesel # 1 and
3,750 Dyed Diesel # 2; 3,750 Gallons; Midway Service ($2.0410 #1 & $1.9765
#2); Cole’s Petroleum ($2.0380 #1 & $1.9760 #2); CHS, Inc. ($2.1800 #1 &
$2.0200 #2); Harms Oil, Howes Oil, Stern Oil, and Olson Oil, all no bid. Bid
awarded to: Cole’s Petroleum.
5. Approval of the SIOUXPERHERO Committee's recommendation that the City
Council award the following individuals the SIOUXPERHERO Citizen
Recognition Award: Joel Cook and Dave Lokke.
6. Appoint 66 Precinct Superintendents and 165 Precinct Deputies for the April 10,
2018, and May 1, 2018 Elections.
APPLICATIONS
The following abatements were recommended for approval by the Director of
Equalization and deemed legally sufficient by the State's Attorney's Office for
Minnehaha County and the City Attorney for Sioux Falls:
7. Crusher Investment Company, Parcel # 54496, for 2017 property taxes in the
amount of $232.24. Reason: record was voided; is on another parcel.
8. Sam Nastase, 601 S. Bahnson Ave., for 2017 property taxes in the amount of
$942.62.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, April 3, 2018, at 7 p.m. for Items 9 through 35:
9. New 2017-18 Retail Malt Beverage License for West Mall Theatres Inc., West
Mall 7, 2101 West 41st Street, #33 (CUP not required).
10. New 2018 Retail Wine License for West Mall Theatres Inc., West Mall 7, 2101
West 41st Street, #33 (CUP not required).
11. New 2018 Retail Wine License for Corner Pub & Casino Inc., Corner Pub and
Casino, 2408 East 6th Street (CUP not required, this is an addition to an existing
license which predates the ordinance).
12. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Liebrary Holdings, Inc., Liebrary Bar, 5108 South Marion Road,
to MG Oil Company, Liebrary Bar, 5108 South Marion Road.
13. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from SD Billy Frogs, Inc., Billy Frogs Bar and Grill, 5002 South
Marion Road, to MG Oil Company, Billy Frogs, 5002 South Marion Road.
14. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Red Eye Holdings, Inc., Red Eye Bar, 5013 North Cliff Avenue, to
MG Oil Company, Red Eye Bar, 5013 North Cliff Avenue.
15. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Taylor Ventures, Inc., Bubba J’s, 114 North Indiana Avenue, to
MG Oil Company, Bubba J’s, 114 North Indiana Avenue.
16. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Our Ventures, Inc., The 18th Amendment, 1301 West 41st Street,
to MG Oil Company, The 18th Amendment, 1301 West 41st Street.
17. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Pinball Inc., Jokerz 5, 2220 South Minnesota Avenue, Suite 100,
to MG Oil Company, Jokerz 5, 2220 South Minnesota Avenue, Suite 100.
18. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Pinball Inc., Jokerz 6, 2220 South Minnesota Avenue, Suite 102,
to MG Oil Company, Jokerz 6, 2220 South Minnesota Avenue, Suite 102.
19. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from TJT Inc., Jokerz Too Casino, 2401 West 12th Street, to MG Oil
Company, Jokerz Too Casino, 2401 West 12th Street.
20. Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT
Inc., Jokerz Too Casino, 2401 West 12th Street, to MG Oil Company, Jokerz Too
Casino, 2401 West 12th Street.
21. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from TJT Inc., Jokerz 3, 5005 West 12th Street, to MG Oil Company,
Jokerz 3, 5005 West 12th Street.
22. Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT
Inc., Jokerz 3, 5005 West 12th Street, to MG Oil Company, Jokerz 3, 5005 West
12th Street.
23. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from TJT Inc., Jokerz 4, 2218 South Minnesota Avenue, to MG Oil
Company, Jokerz 4, 2218 South Minnesota Avenue.
24. Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT
Inc., Jokerz 4, 2218 South Minnesota Avenue, to MG Oil Company, Jokerz 4,
2218 South Minnesota Avenue.
25. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Stanton Inc., Chubby’s, 2309 West Madison Street, to Osmina
Halilovic, Emina Sports Coffee Bar, 2309 West Madison Street, with Conditional
Use Permit (8110-2018) being approved on March 7, 2018.
26. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from CPAG LLC, The Rush, 2701 West 41st Street, to CPAG LLC,
The Rush, 2701 West 41st Street, to include the fenced outdoor patio area located
on the east side of the building.
27. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Neon Corporation, Neon Diner and Casino, 4101 East 10th Street,
to Neon Properties, Neon Casino, 4101 East 10th Street.
28. Transfer of 2018 Retail Liquor License, including Sunday sales, from Bracco
Limited Partnership, Bracco, 5001 South Western Avenue, to Vanguard
Hospitality, Turks & Caicos Cabana Grille, 5001 South Western Avenue.
29. Transfer of 2018 Retail Liquor License, including Sunday sales, from Elmwood
Hospitality, Crooked Pint Ale House, 2020 West Russell Street, to Elmwood
Hospitality, Crooked Pint Ale House/Holiday Inn Hotel & Suites, 2020-2040 West
Russell Street (CUP not required).
30. Transfer of 2018 Retail Liquor License, including Sunday sales, from Porter Apple
Company Inc., Applebee’s Neighborhood Grill & Bar, 3221 East 10th street, to
Apple SF2 LLC, Applebee’s Neighborhood Grill & Bar, 3221 East 10th Street,
with an effective date of April 16, 2018.
31. Transfer of 2018 Retail Liquor License, including Sunday sales, from Porter Apple
Company Inc., Applebee’s Neighborhood Grill & Bar, 4001 West 41st Street,
Suite 932, to Apple SXF LLC, Applebee’s Neighborhood Grill & Bar, 4001 West
41st Street, Suite 932, with an effective date of April 16, 2018.
32. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Augustana University, 2001 South Summit Avenue, for a special event on April
13, 2018.
33. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Westward Ho Country Club Inc., The Country Club of Sioux Falls to be operated
at Sioux Falls Ford, 4901 West 26th Street, for a social event on April 18, 2018.
34. Special One-day Malt Beverage License for Falls Area Single Track to be operated
at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on April 21,
2018.
35. Special One-Day Liquor License request for TNT Entertainment, Wiley’s Tavern
to be operated at 337 North Phillips Avenue (Albert House parking lot), for an
outdoor concert on July 13, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rex Rolfing to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 7. Noes, Pat Starr,
1.
Motion Passed.
PUBLIC INPUT
Scott Ehrisman spoke about the Citizens Planning Academy and interviews by elected
officials during election time.
Catherine Riffle spoke about her experience with the homeless and the need for a drop-in
residence.
Sierra Broussard spoke about the Police Department and her experience contacting the
Attorneys office and Police Department.
David Zokaites spoke about transparency and secret agendas.
Steven Siano spoke about his frustration with various local and federal agencies.
UNFINISHED BUSINESS
36. New 2017-18 Package Malt Beverage License for Bwengbugal Matembera &
Cynthia Yeanay, Glo Mini Market, 1300 West 12th Street (CUP not required).
Pending final inspections per Building Services.
37. Transfer of 2017-18 Package Malt Beverage License from Berenise Garcia-
Navarett & Alberto Carranza, Mi Casa Latina Mexican Store, 809 South Marion
Road, to Mi Casa Latina Mexican Store LLP, Mi Casa Mexican Store, 809 South
Marion Road (CUP not required).
38. Special One-Day Malt Beverage License for Sioux Falls Cyclones Inc., to be
operated at Riverdale Park, 2000 East 24th Street, for a fundraiser run on April 7,
2018.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Rex Rolfing to approve Items 36 through 38.
Vote to approve: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156:
FLOODPLAIN MANAGMENT.
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,
April 3, 2018, at 7 p.m. for Item 39.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 160: ZONING, SUBCHAPTER: ON-PREMISES SIGN
REGULATIONS.
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, April 3, 2018, at
7 p.m. for Item 40.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 41:
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 160: ZONING, SUBCHAPTER: PARKING REGULATIONS.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Michelle Erpenbach to remand Item 41 to the Planning Commission.
Vote to remand: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND EAST
AND WEST OF N. WESTPORT AVE, FROM THE I-1, LIGHT INDUSTRIAL
DISTRICT TO THE S-2, INSTITUTIONAL CAMPUS PLANNED UNIT
DEVELOPMENT DISTRICT PETITION NO. 7983-2018, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7
p.m. for Item 42.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 43:
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 26TH ST.
AND S. VETERANS PARKWAY FROM THE AG AGRICULTURE DISTRICT
TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD 1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY, O OFFICE, LW LIVE/WORK, C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3
COMMERCIAL—COMMUNITY, AND CN CONSERVATION DISTRICTS
PETITION NO. 8039 2018, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-0).
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, April 3, 2018,
at 7 p.m. for Item 43.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 44:
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED NORTH OF E. MADISON ST. AND
EAST/WEST OF N. VETERANS PARKWAY FROM THE LW LIVE/WORK
AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS TO THE CN CONSERVATION DISTRICT PETITION NO. 8092-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (5-0).
A motion was made by Council Member Pat Starr and seconded by Council Member
Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, April 3,
2018, at 7 p.m. for Item 44.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 45:
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND WEST OF
S. GRAYSTONE AVE. FROM THE LW LIVE/WORK DISTRICT TO THE CN
CONSERVATION DISTRICT NO. 8093-2018, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Michelle Erpenbach to set a date of hearing and 2nd Reading for Tuesday, April 3, 2018,
at 7 p.m. for Item 45.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 46:
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF
S. SOUTHEASTERN AVE. FROM THE AG AGRICULTURE & RS, SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN & RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICTS PETITION NO. 8102-2018, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (5-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7
p.m. for Item 46.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 47:
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 617 S. MAIN AVE. FROM THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE
RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT
PETITION NO. 8107-2018, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at
7 p.m. for Item 47.
Vote to set a date: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
HEARINGS AND RESOLUTIONS
48. A RESOLUTION OF THE CITY OF SIOUX FALLS SUPPORTING A MORE
INCLUSIVE COMMUNITY.
A motion was made by Council Member Pat Starr and seconded by Council Member
Rick Kiley to adopt said Resolution No. 30-18.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Michelle Erpenbach to amend said Resolution No. 30-18 by replacing the sixth
whereas statement with the following, “WHEREAS, we support and encourage the
citizens of Sioux Falls to establish and maintain a welcoming and inclusive community;
and to foster respect for all persons, regardless of race, religion, creed, gender
identification, sexual orientation, age, disability, ancestry and country of origin.”
Vote to amend: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing, Marshall
Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, 8. Noes,
0.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Rick Kiley, Greg Neitzert, Rex Rolfing,
Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach,
8. Noes, 0.
Motion Passed.
RESOLUTION NO. 30-18
A RESOLUTION OF THE CITY OF SIOUX FALLS SUPPORTING A MORE INCLUSIVE
COMMUNITY.
WHEREAS, the City and residents of Sioux Falls establish that the City is an inclusive
community, welcome the contributions of all sectors, and celebrate our diversity; and
WHEREAS, both the state of South Dakota and the City have made important advances in the
struggle against racism, racial discrimination, xenophobia, and related intolerance by enacting
SDCL 20-13 Human Rights and Sioux Falls Ordinance § 98.003 Act of Discrimination; and
WHEREAS, racism and racial discrimination threaten human development because of the
obstacles that they pose to the fulfillment to basic human rights of survival, security,
development, and social participation; and
WHEREAS, the City and residents of Sioux Falls combat hate and its representatives while
promoting equality, inclusiveness, and equitable environments; and
WHEREAS, municipal jurisdictions are often laboratories for determining public approaches to
the challenges that face residents and businesses; and
WHEREAS, we support and encourage the citizens of Sioux Falls to establish and maintain a
welcoming and inclusive community and to foster respect for all persons, regardless of race,
religion, creed, gender identification, sexual orientation, age, disability, ancestry, and country of
origin;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SIOUX FALLS, SD:
That this City Council of democratically elected representatives represent and support all
members of the community and condemn acts of hate, violence, or discrimination.
Date adopted: 03/20/18 .
Mike T. Huether
Mayor
ATTEST:
Thomas M. Greco
City Clerk
ADJOURNMENT
A motion was made by Council Member Rex Rolfing and seconded by Council Member
Rick Kiley to adjourn at 8:28 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, March 20, 2018 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
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
Council Member Michelle Erpenbach
Mayor Mike T. Huether
INVOCATION
● Pastor JR Worley, Celebrate Church
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, March 13, 2018, at 4 p.m.
● City Council Meeting of Tuesday, March 13, 2018, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the March 16, 2018, memo.
2. A communication was received from Royal Sonsalla requesting permission to
consume, but not sell, beer and wine at the Old Courthouse Museum, 200 W. 6th
St., on Saturday, May 12, 2018, for a wedding.
3. Sioux Area Metro Report of Requests for Quotes for Fuel dated: March 8, 2018;
50/50 Blend #1 and #2 Clear Diesel; 7,500 Gallons; CHS, Inc. (#1 Clear diesel
$2.485 and #2 Clear Diesel $2.305); Midwest Oil, Harms Oil, Howes Oil, all no
bid. Bid awarded to: CHS, Inc.
4. Report of Requests for Quotes for Fuel dated: March 9, 2018; Dyed Diesel # 1 and
3,750 Dyed Diesel # 2; 3,750 Gallons; Midway Service ($2.0410 #1 & $1.9765
#2); Cole’s Petroleum ($2.0380 #1 & $1.9760 #2); CHS, Inc. ($2.1800 #1 &
$2.0200 #2); Harms Oil, Howes Oil, Stern Oil, and Olson Oil, all no bid. Bid
awarded to: Cole’s Petroleum.
5. Approval of the SIOUXPERHERO Committee's recommendation that the City
Council award the following individuals the SIOUXPERHERO Citizen
Recognition Award: Joel Cook and Dave Lokke.
6. Appoint 66 Precinct Superintendents and 165 Precinct Deputies for the April 10,
2018, and May 1, 2018 Elections.
APPLICATIONS
The following abatements were recommended for approval by the Director of
Equalization and deemed legally sufficient by the State's Attorney's Office for
Minnehaha County and the City Attorney for Sioux Falls:
7. Crusher Investment Company, Parcel # 54496, for 2017 property taxes in the
amount of $232.24. Reason: record was voided; is on another parcel.
8. Sam Nastase, 601 S. Bahnson Ave., for 2017 property taxes in the amount of
$942.62. The amount requested is the difference between the elderly freeze and the
non-elderly freeze.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, April 3, 2018, at 7 p.m. for Items 9 through 35:
9. New 2017-18 Retail Malt Beverage License for West Mall Theatres Inc., West
Mall 7, 2101 West 41st Street, #33 (CUP not required).
10. New 2018 Retail Wine License for West Mall Theatres Inc., West Mall 7, 2101
West 41st Street, #33 (CUP not required).
11. New 2018 Retail Wine License for Corner Pub & Casino Inc., Corner Pub and
Casino, 2408 East 6th Street (CUP not required, this is an addition to an existing
license which predates the ordinance).
12. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Liebrary Holdings, Inc., Liebrary Bar, 5108 South Marion Road,
to MG Oil Company, Liebrary Bar, 5108 South Marion Road.
13. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from SD Billy Frogs, Inc., Billy Frogs Bar and Grill, 5002 South
Marion Road, to MG Oil Company, Billy Frogs, 5002 South Marion Road.
14. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Red Eye Holdings, Inc., Red Eye Bar, 5013 North Cliff Avenue, to
MG Oil Company, Red Eye Bar, 5013 North Cliff Avenue.
15. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Taylor Ventures, Inc., Bubba J’s, 114 North Indiana Avenue, to
MG Oil Company, Bubba J’s, 114 North Indiana Avenue.
16. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from Our Ventures, Inc., The 18th Amendment, 1301 West 41st Street,
to MG Oil Company, The 18th Amendment, 1301 West 41st Street.
17. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Pinball Inc., Jokerz 5, 2220 South Minnesota Avenue, Suite 100,
to MG Oil Company, Jokerz 5, 2220 South Minnesota Avenue, Suite 100.
18. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Pinball Inc., Jokerz 6, 2220 South Minnesota Avenue, Suite 102,
to MG Oil Company, Jokerz 6, 2220 South Minnesota Avenue, Suite 102.
19. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from TJT Inc., Jokerz Too Casino, 2401 West 12th Street, to MG Oil
Company, Jokerz Too Casino, 2401 West 12th Street.
20. Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT
Inc., Jokerz Too Casino, 2401 West 12th Street, to MG Oil Company, Jokerz Too
Casino, 2401 West 12th Street.
21. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from TJT Inc., Jokerz 3, 5005 West 12th Street, to MG Oil Company,
Jokerz 3, 5005 West 12th Street.
22. Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT
Inc., Jokerz 3, 5005 West 12th Street, to MG Oil Company, Jokerz 3, 5005 West
12th Street.
23. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from TJT Inc., Jokerz 4, 2218 South Minnesota Avenue, to MG Oil
Company, Jokerz 4, 2218 South Minnesota Avenue.
24. Transfer of 2018 Retail Wine License, including video lottery terminals, from TJT
Inc., Jokerz 4, 2218 South Minnesota Avenue, to MG Oil Company, Jokerz 4,
2218 South Minnesota Avenue.
25. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Stanton Inc., Chubby’s, 2309 West Madison Street, to Osmina
Halilovic, Emina Sports Coffee Bar, 2309 West Madison Street, with Conditional
Use Permit (8110-2018) being approved on March 7, 2018.
26. Transfer of 2018 Retail Liquor License, including Sunday sales and video lottery
terminals, from CPAG LLC, The Rush, 2701 West 41st Street, to CPAG LLC,
The Rush, 2701 West 41st Street, to include the fenced outdoor patio area located
on the east side of the building.
27. Transfer of 2017-18 Retail Malt Beverage License, including video lottery
terminals, from Neon Corporation, Neon Diner and Casino, 4101 East 10th Street,
to Neon Properties, Neon Casino, 4101 East 10th Street.
28. Transfer of 2018 Retail Liquor License, including Sunday sales, from Bracco
Limited Partnership, Bracco, 5001 South Western Avenue, to Vanguard
Hospitality, Turks & Caicos Cabana Grille, 5001 South Western Avenue.
29. Transfer of 2018 Retail Liquor License, including Sunday sales, from Elmwood
Hospitality, Crooked Pint Ale House, 2020 West Russell Street, to Elmwood
Hospitality, Crooked Pint Ale House/Holiday Inn Hotel & Suites, 2020-2040 West
Russell Street (CUP not required).
30. Transfer of 2018 Retail Liquor License, including Sunday sales, from Porter Apple
Company Inc., Applebee’s Neighborhood Grill & Bar, 3221 East 10th street, to
Apple SF2 LLC, Applebee’s Neighborhood Grill & Bar, 3221 East 10th Street,
with an effective date of April 16, 2018.
31. Transfer of 2018 Retail Liquor License, including Sunday sales, from Porter Apple
Company Inc., Applebee’s Neighborhood Grill & Bar, 4001 West 41st Street,
Suite 932, to Apple SXF LLC, Applebee’s Neighborhood Grill & Bar, 4001 West
41st Street, Suite 932, with an effective date of April 16, 2018.
32. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Augustana University, 2001 South Summit Avenue, for a special event on April
13, 2018.
33. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Westward Ho Country Club Inc., The Country Club of Sioux Falls to be operated
at Sioux Falls Ford, 4901 West 26th Street, for a social event on April 18, 2018.
34. Special One-day Malt Beverage License for Falls Area Single Track to be operated
at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on April 21,
2018.
35. Special One-Day Liquor License request for TNT Entertainment, Wiley’s Tavern
to be operated at 337 North Phillips Avenue (Albert House parking lot), for an
outdoor concert on July 13, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
36. New 2017-18 Package Malt Beverage License for Bwengbugal Matembera &
Cynthia Yeanay, Glo Mini Market, 1300 West 12th Street (CUP not required).
Pending final inspections per Building Services.
37. Transfer of 2017-18 Package Malt Beverage License from Berenise Garcia-
Navarett & Alberto Carranza, Mi Casa Latina Mexican Store, 809 South Marion
Road, to Mi Casa Latina Mexican Store LLP, Mi Casa Mexican Store, 809 South
Marion Road (CUP not required).
38. Special One-Day Malt Beverage License for Sioux Falls Cyclones Inc., to be
operated at Riverdale Park, 2000 East 24th Street, for a fundraiser run on April 7,
2018.
INTRODUCTION AND ADOPTION OF ORDINANCES
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 39:
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES FOR CHAPTER 156:
FLOODPLAIN MANAGMENT.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 40:
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 160: ZONING, SUBCHAPTER: ON-PREMISES SIGN
REGULATIONS.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 41:
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 160: ZONING, SUBCHAPTER: PARKING REGULATIONS.
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND EAST
AND WEST OF N. WESTPORT AVE, FROM THE I-1, LIGHT INDUSTRIAL
DISTRICT TO THE S-2, INSTITUTIONAL CAMPUS PLANNED UNIT
DEVELOPMENT DISTRICT PETITION NO. 7983-2018, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 43:
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 26TH ST.
AND S. VETERANS PARKWAY FROM THE AG AGRICULTURE DISTRICT
TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD 1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY, O OFFICE, LW LIVE/WORK, C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3
COMMERCIAL—COMMUNITY, AND CN CONSERVATION DISTRICTS
PETITION NO. 8039 2018, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-0).
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 44:
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED NORTH OF E. MADISON ST. AND
EAST/WEST OF N. VETERANS PARKWAY FROM THE LW LIVE/WORK
AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS TO THE CN CONSERVATION DISTRICT PETITION NO. 8092-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (5-0).
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 45:
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND WEST OF
S. GRAYSTONE AVE. FROM THE LW LIVE/WORK DISTRICT TO THE CN
CONSERVATION DISTRICT NO. 8093-2018, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning
Commission recommends approval (5-0).
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 46:
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF
S. SOUTHEASTERN AVE. FROM THE AG AGRICULTURE & RS, SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN & RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICTS PETITION NO. 8102-2018, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (5-0).
Set a date of hearing and 2nd Reading for Tuesday, April 3, 2018, at 7 p.m. for Item 47:
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 617 S. MAIN AVE. FROM THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE
RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT
PETITION NO. 8107-2018, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(5-0).
HEARINGS AND RESOLUTIONS
48. A RESOLUTION OF THE CITY OF SIOUX FALLS SUPPORTING A MORE
INCLUSIVE COMMUNITY.
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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