City Council Meeting
Regular MeetingSioux Falls, SD · October 2, 2018
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, October 2, 2018, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
PRESENT ABSENT
Council Member Curt Soehl Council Member Christine M. Erickson
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Janet Brekke
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Mayor Paul TenHaken
INVOCATION
Mr. Jerry Fogg, Yankton Sioux Tribe
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
SIOUXPERHERO Citizen Recognition Awards
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Rick Kiley to approve the Consent Agenda.
Vote to approve: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Tuesday, September 18, 2018, at 4 p.m.
City Council Meeting of Tuesday, September 18, 2018, at 7 p.m.
Informational Meeting of Tuesday, September 25, 2018, at 4 p.m.
Joint City Council and Minnehaha County Commission Meeting of Tuesday, September
25, 2018, at 5 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the September 28, memo.
2. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 14,
2018; 7,500 Gallons of #2 Clear Diesel; Howes Oil: ($2.6635); CHS Inc., Harms
Oil, Inc., and Midwest Oil, all no bid. Bid awarded to: Howes Oil.
3. A communication was received from Calli Lee Crawford and Bryce Carl Job
requesting permission to consume, but not sell, beer, wine, and malt beverages at
The Old Courthouse Museum, 200 W. 6th St. on Saturday, October 20, 2018,
pursuant to SDCL 35-1-5.5 for a wedding reception.
4. A communication was received from the Siouxland Heritage Museums requesting
permission to consume, but not sell, beer and wine at the Irene Hall Museum
Resource Center, 4300 N. Westport Ave. on Thursday, November 8, 2018,
pursuant to SDCL 35-1-5.5 for a ribbon cutting reception.
5. A communication was received from Colleen O'Conner requesting permission to
consume, but not sell, liquor, wine and/or malt beverages at The Old Courthouse
Museum, 200 West 6th St., on Saturday, January 5, 2019, pursuant to SDCL 35-1-
5.5 for a wedding reception.
APPLICATIONS
6. Amend the Special One-Day Liquor License approved for Washington Pavilion
Management Inc., Washington Pavilion of Arts & Sciences, 301 South Main
Avenue, for a special event on November 2, 2018, by changing the event date to
November 3, 2018.
Recommendation for approval of abatement. The following application for abatement
was deemed legally sufficient by the State's Attorney's Office for Minnehaha County
and the City Attorney for Sioux Falls. Based upon the reason stated below, the Director
of Equalization recommends the request for abatement be approved.
7. Minnehaha County, 415 N. Dakota Avenue, Parcel #52481, for 2017 property
taxes in the amount of $1,364.10. Reason: This property is exempt from the tax.
NOTICE OF HEARINGS
Set a date of hearing for Monday, October 15, 2018, at 7 p.m. for Items 8 through 24:
8. Rescind New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail
Bar, 3010 West 57th Street.
9. Rescind New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC,
Elegant Nail Bar, 3010 West 57th Street.
10. New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail Bar, 3028
West 57th Street, with Conditional Use Permit (6910-2017) being approved on July
5, 2017.
11. New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC, Elegant
Nail Bar, 3028 West 57th Street, with Conditional Use Permit (6910-2017) being
approved on July 5, 2017.
12. Transfer of 2018-19 Retail Malt Beverage License for Top Shelf Entertainment,
Wine & Canvas, 5031 South Louise Avenue, to Top Shelf Entertainment, Wine &
Canvas, 5239 West 26th Street (CUP not required).
13. Transfer of 2018 Retail Wine License for Top Shelf Entertainment, Wine &
Canvas, 5031 South Louise Avenue, to Top Shelf Entertainment, Wine & Canvas,
5239 West 26th Street (CUP not required).
14. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for
Amsale Gebrehiwa, Sheger Addis Grocery Store, 329 South Minnesota Avenue
(CUP not required).
15. New 2018 Retail Wine License, requesting off-sale use only, for Amsale
Gebrehiwa, Sheger Addis Grocery Store, 329 South Minnesota Avenue (CUP not
required).
16. New 2018-19 Retail Malt Beverage License for Full Circle Book Co-op LLC, Full
Circle Book Co-op, 123 West 10th Street (CUP not required).
17. New 2018 Retail Wine License for Full Circle Book Co-op LLC, Full Circle Book
Co-op, 123 West 10th Street (CUP not required).
18. Transfer of 2018 Retail Liquor License from Sandtrap Inc., Bogey’s, 811 South
Marion Road, to CR Lloyd Associates Inc., 101 South Reid Street, Suite 201 (CUP
not required).
19. Special One-Day Malt Beverage License for Sioux Falls Men’s 12 Inch Slow
Pitch Softball League Inc. to be operated at Harmodon Park (fields E, F G and H
only), 5609 East 41st Street, for a fundraiser on October 20, 2018.
20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux
Falls Area Literacy Council to be operated at REACH, 2101 West 41st Street,
Suite 23, for a special event on October 24, 2018.
21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad
Shriners to be operated at The History Club of Sioux Falls, 758 South Phillips
Avenue, for a Shrine Ladies luncheon on November 10, 2018.
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America to be operated at Child’s Play Toys, 233 South Phillips Avenue, for a
social on November 11, 2018.
23. Special One-Day Package Off-Sale Wine license for Rotary Club of Sioux Falls
West to be operated at 4712 East Alpine Circle, for a fundraiser on November 16,
2018.
24. Special One-Day Wine Licenses for Sioux Falls Area Literacy Council to be
operated at REACH, 2101 West 41st Street, Suite 23, for special events on January
10, February 14, March 14, April 11, May 9, and June 13, 2019.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Rick Kiley and seconded by Council Member
Curt Soehl to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
PUBLIC INPUT
Heather Pastor spoke about her pending civil matters and how she wants her own house.
Catherine Ripple spoke about the Glory House, and the need for more assistance to the
homeless population.
Steven Siano spoke about getting assistance from the Veterans Administration; wanting
Council Meeting minutes transcribed; a definition of the word “entitlement”; and his
physical and mental health conditions.
Tim Stanga spoke about low income housing in Sioux Falls.
Sierra Broussard spoke about wanting her telephone number unblocked by the City and
about possible litigation against the City.
UNFINISHED BUSINESS
25. 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. Pending final inspections per
Fire, Health & Building Services.
26. 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. Pending final inspections
per Fire, Health & Building Services.
27. 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. Pending final inspections per Fire, Health & Building
Services.
28. 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.
Pending final inspections per Fire, Health & Building Services.
29. 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). Pending final inspections per Fire, Health & Building
Services.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
A motion was made by Council Member Marshall Selberg and seconded by Council
Member Curt Soehl to approve Items 25 through 35.
Vote to approve: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
36. 2nd 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 Curt Soehl and seconded by Council Member
Marshall Selberg to adopt said Ordinance No. 87-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
37. 2nd 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 Marshall Selberg and seconded by Council
Member Curt Soehl to adopt said Ordinance No. 88-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
38. 2nd 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 Rick Kiley and seconded by Council Member
Janet Brekke to adopt said Ordinance No. 89-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
39. 2nd 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 Greg Neitzert and seconded by Council
Member Janet Brekke to adopt said Ordinance No. 90-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
40. 2nd 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 Rick Kiley and seconded by Council Member
Curt Soehl to adopt said Ordinance No. 91-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
41. 2nd 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 Janet Brekke and seconded by Council Member
Marshall Selberg to adopt said Ordinance No. 92-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Monday, October 15, 2018, at 7 p.m. for Item
42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS
SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL
PROPERTY.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Janet Brekke to set a date of hearing and 2nd Reading for Monday, October 15, 2018, at
7 p.m. for Item 42.
Vote to set a date: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
43. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 8958-2018—Pump Station 243 and I-29/I-
90 ROW.
A motion was made by Council Member Janet Brekke and seconded by Council Member
Marshall Selberg to adopt said Resolution No. 94-18.
Vote to adopt: Roll Call: Yeses, Curt Soehl, Pat Starr, Theresa Stehly, Janet Brekke,
Rick Kiley, Greg Neitzert, Marshall Selberg, 7. Noes, 0.
Motion Passed.
RESOLUTION NO. 94-18
ANNEXATION 8958-2018—Pump Station 243 and I-29/I-90 ROW
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed
with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with
the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be
included within the municipality;
WHEREAS, there has been an analysis completed in regard to the territory hereinafter described
and it has been found that:
1. The property has been properly described and is contiguous to the current city limits.
2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls
2040 Comprehensive Plan.
3. There is either access to the major street network along 260th St. or the area is part of the
major street network.
4. Sewer is currently at the site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the recitals set forth above are hereby made part of this resolution and incorporated herein
as if fully set forth.
That the map attached to and part of this resolution entitled “Annexation Area” is hereby
approved and incorporated herein as if fully set forth.
BE IT FURTHER RESOLVED:
That the following described properties hereby are included within the corporate limits of the
city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to
include such territory:
Tract 1 Pump Station 243 Addition in the SE1/4 of Section 24, Township 102 North, Range
50 West of the 5th PM not including any adjacent 260th Street right-of-way, Minnehaha
County, South Dakota; AND
The entire portion of unincorporated Interstate 29 right-of-way from the existing city limits
(approximately 554' north of the centerline of 260th St. as it dead-ends at Interstate 29) south to
the existing city limits (approximately 2,595' north of the centerline of W. 60th St. N. as it
crosses over Interstate 29) in the SW1/4 of Section 19 and the NW1/4 of Section 30, Township
102 North, Range 49 West of the 5th PM, Minnehaha County, SD, and adjacent to but not
including the following properties:
SW1/4, except railroad right-of-way, except Lot H-1, Lot H-2, and Lot H-3, of Section 19,
Township 102 North, Range 49 West of the 5th PM, Minnehaha County, South Dakota;
AND
NW1/4 of the NW1/4 also known as the N1/2 of Government Lot 2 of the NW1/4 of Section
30, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, South Dakota;
AND
Tract 2, except Redstone Village Addition, of Cloverleaf Addition, an addition in the W1/2
of Section 30, Township 102 North, Range 49 West of the 5th PM, Minnehaha County,
South Dakota; AND
Tract 1 of Cloverleaf Addition, an addition in the W1/2 of Section 30, Township 102 North,
Range 49 West of the 5th PM, Minnehaha County, South Dakota.
The entire portion of unincorporated Interstate 29 right-of-way from the existing city limits
(approximately 554' north of the centerline of 260th St. as it dead-ends at Interstate 29) south to
the existing city limits (approximately 2,595' north of the centerline of W. 60th St. N. as it
crosses over Interstate 29) in the SE1/4 of Section 24 and the NE1/4 of Section 25, Township
102 North, Range 50 West of the 5th PM, Minnehaha County, SD, and adjacent to but not
including the following properties:
Tract 4 of McCrossan Addition in the SW1/4 and in the SE1/4 of Section 24, Township 102
North, Range 50 West of the 5th PM, Minnehaha County, South Dakota; AND
South Renner Substation Tract 1, in the NE1/4 of Section 25, Township 102 North, Range
50 West of the 5th PM, Minnehaha County, South Dakota; AND
SE1/4 of the NW1/4, except Lot H-1; and the S1/2 of the NE1/4, except Lots H1, H2, & H3;
and NE1/4 of the SE1/4, except County Auditor’s Lot H1, and except Lots H2 & H3, all in
Section 25, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South
Dakota.
The entire portion of unincorporated Interstate 90 right-of-way from the existing city limits
(approximately 1,366' east of the centerline of N. Marion Rd. as it crosses over Interstate 90) east
in the N1/2 of Section 25, Township 102 North, Range 50 West of the 5th PM, Minnehaha
County, SD, and adjacent to but not including the following properties:
NE1/4 of the NW1/4 except Lot H1, and that part of SE1/4 of the NW1/4 lying north of Lot
H1 & W1/2 of the NW1/4, except that part lying south of Lot H1, and except Lot H4 and
except the west 413 feet thereof, all in Section 24, Township 102 North, Range 50 West of
the 5th PM, Minnehaha County, South Dakota; AND
NW1/4 of the NE1/4, except Lot H2, of Section 25, Township 102 North, Range 50 West of
the 5th PM, Minnehaha County, South Dakota; AND
NE1/4 of the NE1/4, except South Renner Substation Tract 1, and except County Auditor’s
Lot H-1, and except Lot H-2, of Section 25, Township 102 North, Range 50 West of the 5th
PM, Minnehaha County, South Dakota; AND
SE1/4 of the NW1/4, except Lot H1; and the S1/2 of the NE1/4, except Lots H1, H2, & H3;
and NE1/4 of the SE1/4, except County Auditor’s Lot H1, and except Lots H2 & H3, all in
Section 25, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South
Dakota.
The entire portion of unincorporated Interstate 90 right-of-way in the NW1/4 of Section 30 in
Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD, and adjacent to
but not including the following properties:
NW1/4 of the NW1/4 also known as the N1/2 Government Lot 2 of the NW1/4 of Section
30, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, South Dakota;
AND
NE1/4 of the NW1/4, except Lots H-1 and H-2, and except Siemonsma’s 2nd Addition, of
Section 30, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, South
Dakota; AND
Tract 2, except Redstone Village Addition to the City of Sioux Falls, of Cloverleaf
Addition, an addition in the W1/2 of Section 30, Township 102 North, Range 49 West of the
5th PM, Minnehaha County, South Dakota; AND
Tract 1 of Cloverleaf Addition, an addition in the W1/2 of Section 30, Township 102 North,
Range 49 West of the 5th PM, Minnehaha County, South Dakota; AND
SE1/4 of the NW1/4, except Lots H1 and H2; and NE1/4 of the SW1/4, except Skyline
Heights Addition, and except Lot H-2, and except Redstone Village Addition to the City of
Sioux Falls, all in Section 30, Township 102 North, Range 49 West of the 5th PM,
Minnehaha County, South Dakota.
The entire portion of unincorporated Interstate 90 right-of-way from the east edge of Section 26
in Township 102 North, Range 50 West, west approximately 2,690' along the centerline of the
eastbound I-90 centerline (in line with the west edge of the N1/2 of the SE1/4, except H-1, H-2,
H-3, & H-4, in Section 26, Township 102 North, Range 50 West, Minnehaha County, SD) in the
E1/2 of Section 26, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, SD,
and adjacent to but not including the following properties:
N1/2 of the SE1/4, except Lots H-1, H-2, H-3, & H-4 therein, located in Section 26,
Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota;
AND
W1/2 of the NE1/4, except Lots H-1, H2, & H3, and the E1/2 of the NW1/4, except Lot H-
1, all in Section 26, Township 102 North, Range 50 West of the 5th PM, Minnehaha
County, South Dakota; AND
E1/2 of the NE1/4, except Lots H-1, H-2, and H-3 contained therein, of Section 26,
Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota;
AND
N1/2 of the SW1/4, except Sioux Empire Development Park 7 Addition, and except Lot H-
6, in Section 25, Township 102 North, Range 50 West of the 5th PM, Minnehaha County,
South Dakota; AND
Part of W1/2 of the NW1/4 South of Lot H-1, except Lot H-3, and except Lot H5, and
except the North 208.7 feet of the South 241.7 feet of the East 208.7 feet, all in Section 25,
Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota;
AND
The West 413 feet of the W1/2 of the NW1/4, except Lot H-1, H-2, H-3, H-4, and except
that part lying south of Lot H-1 of Section 25, Township 102 North, Range 50 West of the
5th PM, Minnehaha County, South Dakota;
And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County,
SD, a duly certified transcript of this resolution.
Date adopted: 10/02/18 .
Paul TenHaken
Mayor
ATTEST:
Thomas M. Greco
City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS
WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE
SIOUX FALLS CITY CHARTER SECTION 5.07(d)
44. REPORT OF THE SEPTEMBER 17, 2018, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
A motion was made by Council Member Pat Starr and seconded by Council Member
Curt Soehl to adjourn at 8:28 p.m.
Mayor TenHaken called for a voice vote. All members voted yes.
Motion Passed.
Tamara Jorgensen, MMC
Assistant City Clerk
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Tuesday, October 2, 2018 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
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
Council Member Marshall Selberg
Mayor Paul TenHaken
INVOCATION
● Mr. Jerry Fogg, Yankton Sioux Tribe
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
● SIOUXPERHERO Citizen Recognition Awards
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Tuesday, September 18, 2018, at 4 p.m.
● City Council Meeting of Tuesday, September 18, 2018, at 7 p.m.
● Informational Meeting of Tuesday, September 25, 2018, at 4 p.m.
● Joint City Council and Minnehaha County Commission Meeting of Tuesday,
September 25, 2018, at 5 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the September 28, memo.
2. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 14,
2018; 7,500 Gallons of #2 Clear Diesel; Howes Oil: ($2.6635); CHS Inc., Harms
Oil, Inc., and Midwest Oil, all no bid. Bid awarded to: Howes Oil.
3. A communication was received from Calli Lee Crawford and Bryce Carl Job
requesting permission to consume, but not sell, beer, wine, and malt beverages at
The Old Courthouse Museum, 200 W. 6th St. on Saturday, October 20, 2018,
pursuant to SDCL 35-1-5.5 for a wedding reception.
4. A communication was received from the Siouxland Heritage Museums requesting
permission to consume, but not sell, beer and wine at the Irene Hall Museum
Resource Center, 4300 N. Westport Ave. on Thursday, November 8, 2018,
pursuant to SDCL 35-1-5.5 for a ribbon cutting reception.
5. A communication was received from Colleen O'Conner requesting permission to
consume, but not sell, liquor, wine and/or malt beverages at The Old Courthouse
Museum, 200 West 6th St., on Saturday, January 5, 2019, pursuant to SDCL 35-1-
5.5 for a wedding reception.
APPLICATIONS
6. Amend the Special One-Day Liquor License approved for Washington Pavilion
Management Inc., Washington Pavilion of Arts & Sciences, 301 South Main
Avenue, for a special event on November 2, 2018, by changing the event date to
November 3, 2018.
Recommendation for approval of abatement. The following application for abatement
was deemed legally sufficient by the State's Attorney's Office for Minnehaha County and
the City Attorney for Sioux Falls. Based upon the reason stated below, the Director of
Equalization recommends the request for abatement be approved.
7. Minnehaha County, 415 N. Dakota Avenue, Parcel #52481, for 2017 property
taxes in the amount of $1,364.10. Reason: This property is exempt from the tax.
NOTICE OF HEARINGS
Set a date of hearing for Monday, October 15, 2018, at 7 p.m. for Items 8 through 24:
8. Rescind New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail
Bar, 3010 West 57th Street.
9. Rescind New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC,
Elegant Nail Bar, 3010 West 57th Street.
10. New 2018 Retail Wine License for Elegant Nail Bar LLC, Elegant Nail Bar, 3028
West 57th Street, with Conditional Use Permit (6910-2017) being approved on July
5, 2017.
11. New 2018-19 Retail Malt Beverage License for Elegant Nail Bar LLC, Elegant
Nail Bar, 3028 West 57th Street, with Conditional Use Permit (6910-2017) being
approved on July 5, 2017.
12. Transfer of 2018-19 Retail Malt Beverage License for Top Shelf Entertainment,
Wine & Canvas, 5031 South Louise Avenue, to Top Shelf Entertainment, Wine &
Canvas, 5239 West 26th Street (CUP not required).
13. Transfer of 2018 Retail Wine License for Top Shelf Entertainment, Wine &
Canvas, 5031 South Louise Avenue, to Top Shelf Entertainment, Wine & Canvas,
5239 West 26th Street (CUP not required).
14. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for
Amsale Gebrehiwa, Sheger Addis Grocery Store, 329 South Minnesota Avenue
(CUP not required).
15. New 2018 Retail Wine License, requesting off-sale use only, for Amsale
Gebrehiwa, Sheger Addis Grocery Store, 329 South Minnesota Avenue (CUP not
required).
16. New 2018-19 Retail Malt Beverage License for Full Circle Book Co-op LLC, Full
Circle Book Co-op, 123 West 10th Street (CUP not required).
17. New 2018 Retail Wine License for Full Circle Book Co-op LLC, Full Circle Book
Co-op, 123 West 10th Street (CUP not required).
18. Transfer of 2018 Retail Liquor License from Sandtrap Inc., Bogey’s, 811 South
Marion Road, to CR Lloyd Associates Inc., 101 South Reid Street, Suite 201 (CUP
not required).
19. Special One-Day Malt Beverage License for Sioux Falls Men’s 12 Inch Slow
Pitch Softball League Inc. to be operated at Harmodon Park (fields E, F G and H
only), 5609 East 41st Street, for a fundraiser on October 20, 2018.
20. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux
Falls Area Literacy Council to be operated at REACH, 2101 West 41st Street,
Suite 23, for a special event on October 24, 2018.
21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad
Shriners to be operated at The History Club of Sioux Falls, 758 South Phillips
Avenue, for a Shrine Ladies luncheon on November 10, 2018.
22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering
America to be operated at Child’s Play Toys, 233 South Phillips Avenue, for a
social on November 11, 2018.
23. Special One-Day Package Off-Sale Wine license for Rotary Club of Sioux Falls
West to be operated at 4712 East Alpine Circle, for a fundraiser on November 16,
2018.
24. Special One-Day Wine Licenses for Sioux Falls Area Literacy Council to be
operated at REACH, 2101 West 41st Street, Suite 23, for special events on January
10, February 14, March 14, April 11, May 9, and June 13, 2019.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
25. 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. Pending final inspections per
Fire, Health & Building Services.
26. 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. Pending final inspections
per Fire, Health & Building Services.
27. 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. Pending final inspections per Fire, Health & Building
Services.
28. 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.
Pending final inspections per Fire, Health & Building Services.
29. 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). Pending final inspections per Fire, Health & Building
Services.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
INTRODUCTION AND ADOPTION OF ORDINANCES
36. 2nd 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).
37. 2nd 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).
38. 2nd 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).
39. 2nd 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).
40. 2nd 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).
41. 2nd 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.
Set a date of hearing and 2nd Reading for Monday, October 15, 2018, at 7 p.m. for Item
42:
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS
SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL
PROPERTY.
HEARINGS AND RESOLUTIONS
43. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY
WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS,
SOUTH DAKOTA. ANNEXATION 8958-2018—Pump Station 243 and I-29/I-
90 ROW.
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN
A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX
FALLS CITY CHARTER SECTION 5.07(d)
44. REPORT OF THE SEPTEMBER 17, 2018, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
The City Council may include other such business as may come before this body.
ADJOURNMENT
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
WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD
UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL
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
THE AGENDA AS PUBLIC INPUT WILL BE RECEIVED WHEN THAT ITEM IS UP FOR DISCUSSION. PERSONS ADDRESSING THE
COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME AND UNLESS FURTHER TIME IS
GRANTED BY THE COUNCIL, SHALL BE LIMITED TO THREE MINUTES.
LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH
MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH
IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND
THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR
LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND
AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE
MEETING MINUTES AND AGENDAS PAGE.
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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