City Council Meeting
Regular MeetingSioux Falls, SD · September 18, 2018
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Tuesday, September 18, 2018, at 7 PM
ROLL CALL
Mayor Paul TenHaken noted that Council Member Theresa Stehly is attending the
meeting remotely via teleconference.
MEMBERS PRESENT/ABSENT
PRESENT ABSENT
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Theresa Stehly (via teleconference)
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Rick Kiley
Council Member Greg Neitzert
Mayor Paul TenHaken
INVOCATION
Karen Schwebach, Prayer Minister - Direct Line Prayer Center
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
MINUTES
Working Session of Tuesday, September 4, 2018, at 2:30 p.m.
Working Session of Tuesday, September 11, 2018, at 2 p.m.
Informational Meeting of Tuesday, September 11, 2018, at 4 p.m.
City Council Meeting of Tuesday, September 11, 2018, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the September 14, 2018, memo.
2. Sioux Area Metro Report of Requests for Quotes for Fuel dated: August 30, 2018;
7,500 Gallons; #2 Clear Diesel; Harms Oil, Inc. ($2.685); Howes Oil ($2.715);
CHS Inc. ($2.679); Midwest Oil, no bid. Bid awarded to: CHS, Inc.
3. Report of Requests for Quotes for Fuel dated: September 7, 2018; 7,500 Gallons;
#2 Dyed Diesel; Cole’s Petroleum ($2.3493); Harms Oil ($2.3387); Howes Oil
($2.3460); Stern Oil ($2.3420); CHS, Inc. ($2.3790); Midway Service and Olson
Oil, both no bid. Bid awarded to: Harms Oil.
4. A communication was received from Kim A. Hove on behalf of Avera McKennan
Hospital requesting permission to consume, but not sell, beer and wine, at the
Avera Prairie Center, 1000 E. 23rd St., on September 21, 2018, for a reception for
the South Dakota Association of Pharmacy Technicians.
5. Approval of the SIOUXPERHERO Committee's recommendation that the City
Council award the following individuals the SIOUXPERHERO citizen recognition
award: Chariots for Children and Evgenyia (Zhenya) Lukyanova.
COUNCIL'S INTERNAL DEPARTMENTAL DIRECTIVES
6. Approve revision of “Council Seating and Voting Procedures” on page 2 of the
“2018 City Council Policies and Procedures” manual by substituting paragraph 3
with the following: “The roll call and vote order shall be rotated at each regular
City Council meeting conducted pursuant to Section 30.001(b). Roll call and vote
order for special and joint meetings shall be the roll call and vote order of the City
Council meeting held pursuant to Section 30.001(b) conducted immediately prior
to the special and/or joint meeting.”
APPLICATIONS
7. Special One-Day Liquor Licenses for Washington Pavilion Management Inc.,
Washington Pavilion, 301 South Main Avenue, for special events on October 26
and 30, 2018 and January 26, 2019.
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Interstate House of Pancakes Inc., Roll-n-Pin Restaurant to be operated at the Old
Courthouse Museum, 200 West 6th Street, for a wedding reception on September
29, 2018.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, October 2, 2018, at 7 p.m. for Items 9 through 19:
9. New 2018 Retail Wine License for Daily Café and Coffee LLC, Daily Clean Food
and Drink, 6215 South Western Avenue, with Conditional Use Permit (9042-
2018) being approved on September 5, 2018.
10. New 2018-19 Retail Malt Beverage License for Daily Café and Coffee LLC, Daily
Clean Food and Drink, 6215 South Western Avenue, with Conditional Use Permit
(9042-2018) being approved on September 5, 2018.
11. New 2018-19 Retail Malt Beverage License for SRS Inc., Connexions South, 6801
South Louise Avenue, with Conditional Use Permit (9099-2018) being approved
on September 5, 2018.
12. Request to include video lottery terminals with the new 2018-19 Retail Malt
Beverage License for SRS Inc., Connexions South, 6801 South Louise Avenue,
with Conditional Use Permit (9099-2018) being approved on September 5, 2018.
13. Transfer of 2018 Retail Liquor License from Ted J. Thoms, 400 North Main
Avenue, Suite 201, to Kelly Inns Ltd., Hotel Phillips, 100 North Phillips Avenue
(CUP not required).
14. Transfer of 2018 Package Liquor License from Double B LLC, Food-N-Fuel,
4701 West 12th Street, to Arsiya Inc., Food-N-Fuel, 4701 West 12th Street.
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America to be operated at Raven Industries, 205 East Sixth Street, for a social on
October 3, 2018.
16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Canton Barn LLC to be operated at Ellie Stone Bride, 6205 South Old Village
Place, for a grand opening on October 3, 2018.
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Icon
Entertainment LLC to be operated at Sioux Falls State Theatre Company, 316
South Phillips Avenue, for a fundraiser on October 4, 2018.
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Muscular Dystrophy Association to be operated at the Old Courthouse Museum,
200 West Sixth Street for a fundraiser on October 12, 2018.
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a
social on October 24, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Greg Neitzert to approve the Regular Agenda.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to amend the Regular Agenda by moving Item 41 immediately
before Item 20 and by moving Item 38 immediately before Item 27.
Vote to amend: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr,
Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
PUBLIC INPUT
James Reed spoke about Southeastern Behavioral Health.
Heather Pastor spoke about SSI income and housing.
Steven Siano spoke about his childhood, military service, and current situation.
UNFINISHED BUSINESS
Item 41 was heard at this time. See Item for action taken.
20. New 2018 Retail Wine License for Touchmark at All Saints Retirement,
Waterford at All Saints, 111 West 17th Street (CUP not required).
21. New 2018-19 Retail Malt Beverage License for Touchmark at All Saints
Retirement, Waterford at All Saints, 111 West 17th Street (CUP not required).
22. New 2018-19 Retail Malt Beverage License for The Diamond Room LLC, The
Diamond Room, 3501 West 57th Street (CUP not required). Pending plan review,
permit issuance and final inspections per Building Services.
23. Special One-Day Malt Beverage License for The Episcopal Church of the Good
Shepherd, 2707 West 33rd Street, for a church fundraiser on September 21, 2018.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to withdraw Items 22 and 23.
Vote to withdraw: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
24. Special One-Day Wine License for Downtown Sioux Falls to be operated at the 8th
& Railroad Center Lobby, 401 East 8th Street, on for a fundraiser on October 5,
2018.
25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for South
Dakota Trust Association to be operated at Augustana University, 2001 South
Summit Avenue, for a networking event on October 16, 2018.
26. Special One-Day Liquor License for Butterfly House & Aquarium, 4320 South
Oxbow Avenue, for a fundraiser on November 9, 2018.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to approve Items 20, 21, and 24 through 26.
Vote to approve: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
Item 38 was heard at this time. See Item for action taken.
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN
PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-15 AND THE
MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31,
2019.
A motion was made by Council Member Marshall Selberg and seconded by Council
Member Christine M. Erickson to adopt said Ordinance No. 82-18.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to amend said Ordinance No. 82-18 to reflect changes to the
resolution adopting the Budget and Capital Program.
Vote to amend: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Janet Brekke,
Christine M. Erickson, Rick Kiley, Greg Neitzert, 7. Noes, Theresa Stehly, 1.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Janet Brekke,
Christine M. Erickson, Rick Kiley, Greg Neitzert, 6. Noes, Pat Starr, Theresa Stehly, 2.
Motion Passed.
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 94.038, PLANTING IN PUBLIC RIGHTS-OF-WAY.
A motion was made by Council Member Janet Brekke and seconded by Council Member
Marshall Selberg to adopt said Ordinance No. 83-18.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING
SECTION 94.019, PLANTING OF ASH TREES PROHIBITED.
A motion was made by Council Member Janet Brekke and seconded by Council Member
Christine M. Erickson to adopt said Ordinance No. 84-18.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 110.027, LICENSES ISSUED BY PARKS, RECREATION AND
FORESTRY DEPARTMENT.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Janet Brekke to adopt said Ordinance No. 85-18.
A motion was made by Council Member Theresa Stehly and seconded by Council
Member to amend said Ordinance No. 85-18 by striking "$150" and "$100" and inserting
"$100" and "$50," respectively. Motion died for lack of a second.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Janet Brekke,
Christine M. Erickson, Rick Kiley, Greg Neitzert, 7. Noes, Theresa Stehly, 1.
Motion Passed.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING
SECTION 94.002, TRANSPORTATION OF ASH WOOD PROHIBITED.
A motion was made by Council Member Janet Brekke and seconded by Council Member
Rick Kiley to adopt said Ordinance No. 86-18.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, October 2, 2018, at 7 p.m. for Item
32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE 2008 SUBDIVISION REGULATIONS OF THE CITY OF
SIOUX FALLS BY AMENDING CHAPTER 157: SUBDIVISIONS. The
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, October 2, 2018,
at 7 p.m. for Item 32.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, October 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 3800 W. TICKMAN ST. FROM THE
RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO
THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 9122-2018, 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
Curt Soehl to set a date of hearing and 2nd Reading for Tuesday, October 2, 2018, at 7
p.m. for Item 33.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, October 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 5702 S. MARION RD. FROM THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO
THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY
DISTRICT, NO. 9062-2018, 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 Christine M. Erickson and seconded by Council
Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, October
2, 2018, at 7 p.m. for Item 34.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, October 2, 2018, at 7 p.m. for Item
35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 133 N. TRAPP AVE. FROM THE RT-
1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE
RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9040-
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
Christine M. Erickson to set a date of hearing and 2nd Reading for Tuesday, October 2,
2018, at 7 p.m. for Item 35.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, October 2, 2018, at 7 p.m. for Item
36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF E.
57TH ST. AND S. DUBUQUE AVE. FROM THE LW LIVE-WORK AND C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO
THE O OFFICE DISTRICT, NO. 8944-2018, 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 Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, October 2,
2018, at 7 p.m. for Item 36.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, October 2, 2018, at 7 p.m. for Item
37:
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT
FOR CITY OF SIOUX FALLS—RAVEN INDUSTRIES, INC. PARKING
FACILITY BETWEEN THE CITY OF SIOUX FALLS AND RAVEN
INDUSTRIES, INC.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, October 2,
2018, at 7 p.m. for Item 37.
Vote to set a date: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
38. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR
ENDING DECEMBER 31, 2019, AND THE 2019–2023 CAPITAL PROGRAM.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Resolution No. 91-18.
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to amend the 2019 General Fund Planning and Development
Services Budget to fund the SouthEast Technical Institute NOW program for $100,000.
Funding to come from Planning and Development Services - 2019 operating budget.
Vote to amend: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
A motion was made by Council Member Pat Starr and seconded by Council Member
Janet Brekke to amend the 2019 Entertainment Tax Fund Budget by adding $22,000 to
the Washington Pavilion Budget to fund improvements to exhibit area currently housing
the South Dakota African American History Museum. Funding to come from the
Entertainment Tax Fund Balance.
A motion was made by Council Member Theresa Stehly and seconded by Council
Member Christine M. Erickson to amend the amendment by striking "$22,000" and
inserting "$10,000".
Vote to amend the amendment: Roll Call: Yeses, Marshall Selberg, Theresa Stehly,
Christine M. Erickson, Rick Kiley, Greg Neitzert, 5. Noes, Curt Soehl, Pat Starr, Janet
Brekke, 3.
Motion Passed.
Vote to amend, as amended: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr,
Theresa Stehly, Janet Brekke, Rick Kiley, 6. Noes, Christine M. Erickson, Greg
Neitzert, 2.
Motion Passed.
A motion was made by Council Member Pat Starr and seconded by Council Member
Janet Brekke to amend the 2019 General Fund Parks and Recreation Budget by $50,000
to fund planting of trees. Funding to come from Parks and Recreation - 2019 operating
budget.
A motion was made by Council Member Pat Starr and seconded by Council Member
Marshall Selberg to withdraw the motion to amend the 2019 General Fund Parks and
Recreation Budget by $50,000 to fund planting of trees. Funding to come from Parks and
Recreation - 2019 operating budget.
Vote to withdraw: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa
Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
Vote to adopt, as amended: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr,
Theresa Stehly, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8.
Noes, 0.
Motion Passed.
RESOLUTION NO. 91-18
A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2019, AND THE 2019–2023 CAPITAL PROGRAM.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the 2019 Recommended Budget and 2019–2023 Capital Program as amended by the City
Council is hereby approved.
Date adopted: 09/18/18 .
Paul TenHaken
Mayor
ATTEST:
Thomas M. Greco
City Clerk
39. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE
AND REPAIR.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Christine M. Erickson to adopt said Resolution No. 92-18.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 92-18
A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL
FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. It is necessary to levy and there shall be levied a special front foot assessment fee
upon each lot, tract, and parcel of land fronting upon every street and part thereof within the city
of Sioux Falls to be used to maintain and repair street surfacing or pavement.
Section 2. There is hereby assessed against each and every lot, tract, and parcel of land fronting
upon every street, or part thereof, one dollar ($1.00) per front foot for the year 2019, which shall
be apportioned as the assessment for maintaining of street surfacing or pavement, except for such
parcels that are exempt by law. Front foot, for the purposes of this resolution, means the actual
front of the premises as established by the buildings thereon, record title, and use of the property
regardless of the original plat.
Section 3. The City Clerk shall certify such special front foot assessment fees to the county
auditors of Minnehaha and Lincoln Counties, SD, and the same shall be collected as municipal
taxes for general purposes.
Date adopted: 09/18/18 .
Paul TenHaken
Mayor
ATTEST:
Thomas M. Greco
City Clerk
40. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF AN AUDIT COMMITTEE MEMBER TO THE CITY
COUNCIL AUDIT COMMITTEE.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Janet Brekke to adopt said Resolution No. 93-18.
Vote to adopt: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly,
Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 93-18
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF AN
AUDIT COMMITTEE MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following member to serve on the Audit Committee
pursuant to Sections 32.017 and 32.018 of the Code of Ordinances of Sioux Falls, SD:
Name Committee Term
Tony Goettsch Audit Committee Appointed for a term from
September 2018 to August 2021
(to replace Arnie Martens).
Date adopted: 09/18/18 .
Paul TenHaken
Mayor
ATTEST:
Thomas M. Greco
City Clerk
NEW BUSINESS
41. A MOTION TO PROVIDE ADVICE AND CONSENT FOR THE
APPOINTMENT OFJASON REISDORFER AS THE DIRECTOR OF
INNOVATION AND TECHNOLOGY.
Mayor Paul TenHaken relinquished the chair and turned the meeting over to Council
Chair Christine M. Erickson.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Greg Neitzert to provide advice and consent for the appointment of Jason Reisdorfer as
the Director of Innovation and Technology.
Vote to provide advice and consent: Roll Call: Yeses, Marshall Selberg, Curt Soehl, Pat
Starr, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg Neitzert, 7. Noes, Theresa
Stehly, 1.
Motion Passed.
Mayor Paul TenHaken resumed duties as the Presiding Officer of the meeting.
ADJOURNMENT
A motion was made by Council Member Pat Starr and seconded by Council Member
Christine M. Erickson to adjourn at 9:27 p.m.
Mayor Paul TenHaken 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, September 18, 2018 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Rick Kiley
Council Member Greg Neitzert
Mayor Paul TenHaken
INVOCATION
● Karen Schwebach, Prayer Minister - Direct Line Prayer Center
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Working Session of Tuesday, September 4, 2018, at 2:30 p.m.
● Working Session of Tuesday, September 11, 2018, at 2 p.m.
● Informational Meeting of Tuesday, September 11, 2018, at 4 p.m.
● City Council Meeting of Tuesday, September 11, 2018, at 7 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the September 14, 2018, memo.
2. Sioux Area Metro Report of Requests for Quotes for Fuel dated: August 30, 2018;
7,500 Gallons; #2 Clear Diesel; Harms Oil, Inc. ($2.685); Howes Oil ($2.715);
CHS Inc. ($2.679); Midwest Oil, no bid. Bid awarded to: CHS, Inc.
3. Report of Requests for Quotes for Fuel dated: September 7, 2018; 7,500 Gallons;
#2 Dyed Diesel; Cole’s Petroleum ($2.3493); Harms Oil ($2.3387); Howes Oil
($2.3460); Stern Oil ($2.3420); CHS, Inc. ($2.3790); Midway Service and Olson
Oil, both no bid. Bid awarded to: Harms Oil.
4. A communication was received from Kim A. Hove on behalf of Avera McKennan
Hospital requesting permission to consume, but not sell, beer and wine, at the
Avera Prairie Center, 1000 E. 23rd St., on September 21, 2018, for a reception for
the South Dakota Association of Pharmacy Technicians.
5. Approval of the SIOUXPERHERO Committee's recommendation that the City
Council award the following individuals the SIOUXPERHERO citizen recognition
award: Chariots for Children and Evgenyia (Zhenya) Lukyanova.
COUNCIL'S INTERNAL DEPARTMENTAL DIRECTIVES
6. Approve revision of “Council Seating and Voting Procedures” on page 2 of the
“2018 City Council Policies and Procedures” manual by substituting paragraph 3
with the following: “The roll call and vote order shall be rotated at each regular
City Council meeting conducted pursuant to Section 30.001(b). Roll call and vote
order for special and joint meetings shall be the roll call and vote order of the City
Council meeting held pursuant to Section 30.001(b) conducted immediately prior
to the special and/or joint meeting.”
APPLICATIONS
7. Special One-Day Liquor Licenses for Washington Pavilion Management Inc.,
Washington Pavilion, 301 South Main Avenue, for special events on October 26
and 30, 2018 and January 26, 2019.
8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Interstate House of Pancakes Inc., Roll-n-Pin Restaurant to be operated at the Old
Courthouse Museum, 200 West 6th Street, for a wedding reception on September
29, 2018.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, October 2, 2018, at 7 p.m. for Items 9 through 19:
9. New 2018 Retail Wine License for Daily Café and Coffee LLC, Daily Clean Food
and Drink, 6215 South Western Avenue, with Conditional Use Permit (9042-
2018) being approved on September 5, 2018.
10. New 2018-19 Retail Malt Beverage License for Daily Café and Coffee LLC, Daily
Clean Food and Drink, 6215 South Western Avenue, with Conditional Use Permit
(9042-2018) being approved on September 5, 2018.
11. New 2018-19 Retail Malt Beverage License for SRS Inc., Connexions South, 6801
South Louise Avenue, with Conditional Use Permit (9099-2018) being approved
on September 5, 2018.
12. Request to include video lottery terminals with the new 2018-19 Retail Malt
Beverage License for SRS Inc., Connexions South, 6801 South Louise Avenue,
with Conditional Use Permit (9099-2018) being approved on September 5, 2018.
13. Transfer of 2018 Retail Liquor License from Ted J. Thoms, 400 North Main
Avenue, Suite 201, to Kelly Inns Ltd., Hotel Phillips, 100 North Phillips Avenue
(CUP not required).
14. Transfer of 2018 Package Liquor License from Double B LLC, Food-N-Fuel,
4701 West 12th Street, to Arsiya Inc., Food-N-Fuel, 4701 West 12th Street.
15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America to be operated at Raven Industries, 205 East Sixth Street, for a social on
October 3, 2018.
16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The
Canton Barn LLC to be operated at Ellie Stone Bride, 6205 South Old Village
Place, for a grand opening on October 3, 2018.
17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Icon
Entertainment LLC to be operated at Sioux Falls State Theatre Company, 316
South Phillips Avenue, for a fundraiser on October 4, 2018.
18. Special One-Day Malt Beverage and Special One-Day Wine Licenses for
Muscular Dystrophy Association to be operated at the Old Courthouse Museum,
200 West Sixth Street for a fundraiser on October 12, 2018.
19. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a
social on October 24, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
20. New 2018 Retail Wine License for Touchmark at All Saints Retirement,
Waterford at All Saints, 111 West 17th Street (CUP not required).
21. New 2018-19 Retail Malt Beverage License for Touchmark at All Saints
Retirement, Waterford at All Saints, 111 West 17th Street (CUP not required).
22. New 2018-19 Retail Malt Beverage License for The Diamond Room LLC, The
Diamond Room, 3501 West 57th Street (CUP not required). Pending plan review,
permit issuance and final inspections per Building Services.
23. Special One-Day Malt Beverage License for The Episcopal Church of the Good
Shepherd, 2707 West 33rd Street, for a church fundraiser on September 21, 2018.
24. Special One-Day Wine License for Downtown Sioux Falls to be operated at the 8th
& Railroad Center Lobby, 401 East 8th Street, on for a fundraiser on October 5,
2018.
25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for South
Dakota Trust Association to be operated at Augustana University, 2001 South
Summit Avenue, for a networking event on October 16, 2018.
26. Special One-Day Liquor License for Butterfly House & Aquarium, 4320 South
Oxbow Avenue, for a fundraiser on November 9, 2018.
INTRODUCTION AND ADOPTION OF ORDINANCES
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN
PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-15 AND THE
MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31,
2019.
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 94.038, PLANTING IN PUBLIC RIGHTS-OF-WAY.
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING
SECTION 94.019, PLANTING OF ASH TREES PROHIBITED.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
SECTION 110.027, LICENSES ISSUED BY PARKS, RECREATION AND
FORESTRY DEPARTMENT.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING
SECTION 94.002, TRANSPORTATION OF ASH WOOD PROHIBITED.
Set a date of hearing and 2nd Reading for Tuesday, October 2, 2018, at 7 p.m. for Item
32:
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE 2008 SUBDIVISION REGULATIONS OF THE CITY OF
SIOUX FALLS BY AMENDING CHAPTER 157: SUBDIVISIONS. The
Planning Commission recommends approval (5-0).
Set a date of hearing and 2nd Reading for Tuesday, October 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 3800 W. TICKMAN ST. FROM THE
RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO
THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 9122-2018, 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, October 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 5702 S. MARION RD. FROM THE C-
2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO
THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY
DISTRICT, NO. 9062-2018, 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, October 2, 2018, at 7 p.m. for Item
35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 133 N. TRAPP AVE. FROM THE RT-
1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE
RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 9040-
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, October 2, 2018, at 7 p.m. for Item
36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF E.
57TH ST. AND S. DUBUQUE AVE. FROM THE LW LIVE-WORK AND C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO
THE O OFFICE DISTRICT, NO. 8944-2018, 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, October 2, 2018, at 7 p.m. for Item
37:
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT
FOR CITY OF SIOUX FALLS—RAVEN INDUSTRIES, INC. PARKING
FACILITY BETWEEN THE CITY OF SIOUX FALLS AND RAVEN
INDUSTRIES, INC.
HEARINGS AND RESOLUTIONS
38. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR
ENDING DECEMBER 31, 2019, AND THE 2019–2023 CAPITAL PROGRAM.
39. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE
AND REPAIR.
40. A RESOLUTION ADVISING AND GIVING CONSENT TO THE
APPOINTMENT OF AN AUDIT COMMITTEE MEMBER TO THE CITY
COUNCIL AUDIT COMMITTEE.
NEW BUSINESS
41. A MOTION TO PROVIDE ADVICE AND CONSENT FOR THE
APPOINTMENT OF JASON REISDORFER AS THE DIRECTOR OF
INNOVATION AND TECHNOLOGY.
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH
DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367-
7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL
WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED
TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING
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PARTIES AND THE PUBLIC.
ADDRESSING THE COUNCIL: PUBLIC INPUT IS ALLOWED FOR ANY ITEM ON THE REGULAR AGENDA. NOTWITHSTANDING THE
PRECEDING SENTENCE, THE PUBLIC INPUT PORTION AT THE START OF A CITY COUNCIL MEETING SHALL LAST NO MORE THAN
30 MINUTES AND WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE REGULAR AGENDA ITEMS APPEARING LATER IN
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GRANTED BY THE COUNCIL, SHALL BE LIMITED TO THREE MINUTES.
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CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK.
CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS
AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER
LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.
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