City Council Meeting
Regular MeetingSioux Falls, SD · November 5, 2018
Minutes
City of Sioux Falls Council Meeting
Minutes
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Monday, November 5, 2018, at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
PRESENT ABSENT
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Theresa Stehly
Mayor Paul TenHaken
INVOCATION
Tom Rooney, Direct Line Prayer Partner
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
SIOUXPERHERO Citizen Recognition Awards
2018 Citizen Planning Academy Graduates
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.
A motion was made by Council Member Pat Starr and seconded by Council Member
Christine M. Erickson to amend by withdrawing Sub-Items 38-42 from Item 1.
Vote to withdraw: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
Vote to approve, as amended: Roll Call: Yeses, Janet Brekke, Christine M. Erickson,
Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8.
Noes, 0.
Motion Passed.
MINUTES
Informational Meeting of Monday, October 15, 2018, at 4 p.m.
City Council Meeting of Monday, October 15, 2018, at 7 p.m.
Informational Meeting of Tuesday, October 23, 2018, at 2 p.m.
Joint City Council/Minnehaha County Commission Meeting of Tuesday, October 23,
2018, at 5 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the November 2, 2018, memo.
Sub-items 38-42 were withdrawn during the approval of the Consent Agenda.
2. Approval of notice of change orders on the November 2, 2018, memo.
3. Report of Requests for Quotes for Fuel dated: October 11, 2018; 7,500 Gallons of
#2 Dyed Diesel; Midway Service ($2.5180); Cole’s Petroleum ($2.5016); Harms
Oil ($2.5225); Howes Oil ($2.5090); Stern Oil, CHS, Inc. and Olson Oil, all no
bid. Bid awarded to: Cole’s Petroleum.
4. Report of Requests for Quotes for Fuel dated: October 12, 2018; 700 Gallons of
Unleaded Ethanol; Midway Service ($2.2892); Howes Oil ($2.2860); Stern Oil,
Cole’s Petroleum, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded
to: Howes Oil.
5. Report of Requests for Quotes for Fuel dated: October 15, 2018; Unleaded Ethanol
(8,500 Gallons) & #2 Dyed Diesel (7,500 Gallons); Midway Service ($2.2058
Unleaded & $2.6755 Diesel); Cole’s Petroleum ($2.1970 Unleaded & $2.6808
Diesel); Harms Oil ($2.3998 Unleaded & $2.6631 Diesel); Howes Oil, Stern Oil,
CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum.
6. Report of Requests for Quotes for Fuel dated: October 18, 2018; #1 Dyed Diesel
(400 Gallons) & #2 Dyed Diesel (400 Gallons); Howes Oil ($2.7825 #1 Dyed
Diesel & $2.5325 #2 Dyed Diesel); Stern Oil ($2.8867 #1 Dyed Diesel & $2.61 #2
Dyed Diesel); Midway Service, Cole’s Petroleum, Harms Oil, CHS, Inc., and
Olson Oil, all no bid. Bid awarded to: Howes Oil.
7. Report of Requests for Quotes for Fuel dated: October 22, 2018; 50/50 Blend
Dyed Diesel (750 Gallons); Midway Service ($2.67); Stern Oil ($2.71); CHS, Inc,
Olson Oil, Cole’s Petroleum, Harms Oil, and Howes Oil, all no bid. Bid awarded
to: Midway Service.
8. Report of Requests for Quotes for Fuel dated: October 23, 2018; 8,500 Gallons of
Unleaded Ethanol; Cole’s Petroleum ($2.2157); Stern Oil ($2.2902); Midway
Service, Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded
to: Cole’s Petroleum.
9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: October 23,
2018; 7,500 Gallons of #2 Clear Diesel; Howes Oil, Inc. ($2.784); Harms Oil,
CHS Inc., Petroleum Traders, and Midwest Oil, all no bid. Bid awarded to: Howes
Oil, Inc.
10. A communication was received from Messiah New Hope Lutheran
Church requesting permission to consume, but not sell, wine and malt beverages at
Messiah New Hope Lutheran Church, 5001 E. Madison St., on Sunday, November
18, 2018, from 2 p.m. to 6 p.m., pursuant to SDCL 35-1-5.5 for a "Down-Home
for the Holidays" concert.
11. A communication was received from the Siouxland Heritage Museum requesting
permission to consume, but not sell, beer and wine at the Old Courthouse
Museum, 200 W. 6th St., on Thursday, November 29, 2018, pursuant to SDCL 35-
1-5.5 for an exhibit opening reception.
12. A communication was received requesting permission to consume, but not sell,
wine and malt beverages at the Butterfly House & Aquarium, 4320 S. Oxbow
Ave. on Thursday, December 6, 2018, from 5 p.m. - 6:30 p.m., pursuant to SDCL
35-1-5.5 for a Donor Appreciation Night.
13. Statement of Claim for Mechanic's and/or Materialman's Lien relating to a Public
Improvement Project from I-29 Brick Company for work and materials furnished
for the City of Sioux Falls Administration Building. Henry Carlson Construction,
LLC, is the general contractor.
APPLICATIONS
14. Special One-Day Liquor Licenses for Washington Pavilion Management Inc.,
Washington Pavilion of Arts & Sciences, 301 South Main Avenue, for special
events on December 15, 2018, May 25 and June 22, 2019.
15. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2019 to be operated at locations in the City of Sioux Falls, SD, identified as
Exhibit A.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, November 20, 2018, for Items 16 through 19:
16. New 2018-19 Retail Malt Beverage License for Regal Holdings Inc., Paradise
Central Casino II, 1821 West 12th Street, Suite D, with Conditional Use Permit
being approved on July 5, 2018.
17. Request to include video lottery terminals with the new 2018-19 Retail Malt
Beverage License for Regal Holdings Inc., Paradise Central Casino II, 1821 West
12th Street, Suite D.
18. Transfer of 2018 Retail Liquor License, including video lottery terminals, from
50/50 Holdings Inc., Deuces Casino 9, 2601 South Carolyn Avenue, to
Commonwealth Gaming & Holdings Co, Deuces Casino 6, 510 South Valley
View Road, Suite 1 (CUP not required).
19. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits and Cigars, to
be operated at Sanford Foundation House, 2335 East 60th Street North, for a
Christmas Party on December 6, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to approve the Regular Agenda.
Vote to approve: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
PUBLIC INPUT
John Nordlie spoke about planning, zoning, sale, and development at the property around
6th and Bahnson Avenue.
John Cunningham spoke about using citizen tax dollars to provide police protection at a
private, political fundraiser held in the City of Sioux Falls in August.
Christopher Bruce spoke about his concerns of people using the 5G network.
Scott Ehrisman spoke about President Trump’s recent private event in Sioux Falls; and
about bringing food and drink into the Levitt Pavilion.
Rhanda Heller spoke about zoning, water, and drainage issues in the duplex she
purchased with her daughter.
UNFINISHED BUSINESS
20. New 2019 Retail Wine License for Teng Ramen Inc., Ramen Fuji, 2300 South
Minnesota Avenue, Suite C, with Conditional Use Permit (9222-2018) being
approved on October 3, 2018. Pending final inspections per Health.
21. New 2018-19 Retail Malt Beverage License for Teng Ramen Inc., Ramen Fuji,
2300 South Minnesota Avenue, Suite C, with Conditional Use Permit (9222-2018)
being approved on October 3, 2018. Pending final inspections per Health.
22. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for I-90
Fuel Services Inc., Gas Stop, 5210 West 12th Street (CUP not required). Pending
final inspections per Health.
23. Special One-Day Liquor License for T Slat, JJ’s Fine Wine, Spirits & Cigars to be
operated at Sanford Imagenetics, 1321 West 22nd Street, for a physician mixer on
November 8, 2018.
24. Special One-day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Orthopedic Institute, 810
East 23rd Street, for a holiday party on November 29, 2018.
A motion was made by Council Member Rick Kiley and seconded by Council
Member Greg Neitzert to approve Items 20 through 24.
Vote to approve: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 6300 W. 41ST ST. FROM THE S-1
GENERAL INSTITUTIONAL DISTRICT TO THE RA 2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT PETITION NO. 8738-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (7-1) with the
following conditions: 1) Required side yard setback along the north property line,
a minimum of 60 feet; and, 2) Buffer yard along the north property line shall
include a 2' berm and 6' privacy fence.
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Christine M. Erickson to adopt said Ordinance No. 97-18.
A motion was made by Council Member Theresa Stehly and seconded by Council
Member Pat Starr to defer this item to the City Council Meeting on Tuesday, November
20, 2018, at 7 p.m.
Vote to defer: Roll Call: Yeses, Janet Brekke, Pat Starr, Theresa Stehly, 3. Noes,
Christine M. Erickson, Rick Kiley, Greg Neitzert, Marshall Selberg, Curt Soehl, 5.
Motion Failed.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, Theresa Stehly, 1.
Motion Passed.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 608 W. 57TH ST. FROM THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT NO. 9129-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (7-1).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Christine M. Erickson to adopt said Ordinance No. 98-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, Theresa Stehly, 1.
Motion Passed.
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1201 S. 7TH AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2
TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9171-2018,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (8-0).
A motion was made by Council Member Rick Kiley and seconded by Council Member
Christine M. Erickson to adopt said Ordinance No. 99-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 700 S. 1ST AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2
TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9173 2018,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (8-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Marshall Selberg to adopt said Ordinance No. 100-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1001 E. 52ND ST. N. FROM THE I-1
LIGHT INDUSTRIAL DISTRICT TO THE I-2 HEAVY INDUSTRIAL
DISTRICT NO. 9178-2018, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(8-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Curt Soehl to adopt said Ordinance No. 101-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 801 N. DULUTH AVE. FROM THE
RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE
RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9182-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (8-0).
A motion was made by Council Member Greg Neitzert and seconded by Council
Member Curt Soehl to adopt said Ordinance No. 102-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, 0. Theresa Stehly was absent
for the vote on this item.
Motion Passed.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 500 E. 69TH ST. FROM THE O
OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICT NO. 9296-2018, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (8-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Curt Soehl to adopt said Ordinance No. 103-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, 7. Noes, 0. Theresa Stehly was absent
for the vote on this item.
Motion Passed.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 616 S. WILLOW AVE. FROM THE
RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-
1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT NO. 9319-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (8-0).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Rick Kiley to adopt said Ordinance No. 104-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. Highways & Streets
($980,000).
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, November 13, 2018, at 7
p.m. for Item 33.
Vote to set a date: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR
SNOW REMOVAL OPERATIONS. Highways and Streets ($1,000,000).
A motion was made by Council Member Christine M. Erickson and seconded by Council
Member Janet Brekke to set a date of hearing and 2nd Reading for Tuesday, November
13, 2018, at 7 p.m. for Item 34.
Vote to set a date: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 117: PEDDLERS AND VENDERS, SUBCHAPTER: RIGHT-OF-
WAY ALLOWANCES IN THE CENTRAL BUSINESS DISTRICT;
GENERALLY TO ALLOW NAURAL GAS FIRE PITS IN FURNITURE
ZONES.
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, November 13,
2018, at 7 p.m. for Item 35.
Vote to set a date: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY. "Papa John's Party Room 1" and "Papa John's Party Room 2" at the
Midco Aquatic Center.
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, November
13, 2018, at 7 p.m. for Item 36.
Vote to set a date: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 37:
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY. "Sanford Health 50 Meter Pool" and "Sanford Health Mezzanine" at
Midco Aquatic Center.
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, November 13,
2018, at 7 p.m. for Item 37.
Vote to set a date: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley,
Greg Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
HEARINGS AND RESOLUTIONS
38. A RESOLUTION APPROVING THE RELEASE OF PERMANENT
EASEMENTS LOCATED IN THE NW1/4 OF SECTION 6-T101N-R49W OF
THE 5TH P.M. AND IN LOT 1, BLOCK 5 OF SANFORD SPORTS COMPLEX
SOUTH ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA
COUNTY, SD.
A motion was made by Council Member Rick Kiley and seconded by Council Member
Curt Soehl to adopt said Resolution No. 98-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 98-18
A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED
IN THE NW1/4 OF SECTION 6-T101N-R49W OF THE 5TH P.M. AND IN LOT 1, BLOCK 5
OF SANFORD SPORTS COMPLEX SOUTH ADDITION TO THE CITY OF SIOUX FALLS,
ALL IN MINNEHAHA COUNTY, SD.
WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent easements for drainage
and utility purposes across the above-described real property, as shown on Exhibit A. Signed
approvals from all public and private utilities are on file with the office of the City Engineer;
WHEREAS, the permanent easements were established by easement document recorded in
Book 238 of Miscellaneous on page 990 in the office of the Register of Deeds for Minnehaha
County, SD, on January 10, 2001, and by plats filed in Book 62 of Plats on pages 249 and 250 in
the office of the Register of Deeds for Minnehaha County, SD, on December 26, 2000, and were
reaffirmed by plat and filed in Book 80 of Plats on page 238 in the Register of Deeds for
Minnehaha County, SD, on September 18, 2018;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of the permanent easements for drainage and utility purposes, as
shown on attached Exhibit A, and affecting the real property described as the NW1/4 of
Section 6-T101N-R49W of the 5th P.M. and Lot 1, Block 5 of Sanford Sports Complex South
Addition to the City of Sioux Falls, all in Minnehaha County, SD, and that the City Clerk shall
cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified
transcript of this resolution.
Date adopted: 11/05/18 .
Paul TenHaken
Mayor
ATTEST:
Thomas M. Greco
City Clerk
39. A RESOLUTION TO APPROVE A HISTORIC MARKER ON CITY
PROPERTY.
A motion was made by Council Member Janet Brekke and seconded by Council Member
Marshall Selberg to adopt said Resolution No. 99-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 99-18
A RESOLUTION TO APPROVE A HISTORIC MARKER ON CITY PROPERTY.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the placement of the following historic marker on City property by the
Minnehaha County Historical Society:
Historic Marker Location
The First Jewish House of Worship in South Dakota Van Eps Park
Date adopted: 11/05/18 .
Paul TenHaken
Mayor
ATTEST:
Thomas M. Greco
City Clerk
40. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX
FALLS FIREFIGHTERS ASSOCIATION.
A motion was made by Council Member Pat Starr and seconded by Council Member
Curt Soehl to adopt said Resolution No. 100-18.
Vote to adopt: Roll Call: Yeses, Janet Brekke, Christine M. Erickson, Rick Kiley, Greg
Neitzert, Marshall Selberg, Curt Soehl, Pat Starr, Theresa Stehly, 8. Noes, 0.
Motion Passed.
RESOLUTION NO. 100-18
A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS FIREFIGHTERS
ASSOCIATION.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. That the Collective Bargaining Agreement between the City of Sioux Falls and the Sioux
Falls Firefighters Association providing for terms and conditions of employment for the
period from January 1, 2019, through December 31, 2020, is hereby approved by the City
Council.
Date adopted: 11/05/18 .
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)
41. REPORT OF THE OCTOBER 31, 2018, NOTICE OF TRANSFER OF
APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS.
ADJOURNMENT
A motion was made by Council Member Rick Kiley and seconded by Council Member
Christine M. Erickson to adjourn the meeting at 10:04 p.m.
Mayor Paul TenHaken called for a voice vote. All members voted yes.
Motion Passed.
Tamara Jorgensen, MMC
Assistant City Clerk
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AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE
MEETING MINUTES AND AGENDAS PAGE.
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Agenda
City of Sioux Falls Council Meeting
Agenda
Carnegie Town Hall, 235 West 10th Street
REGULAR MEETING OF Monday, November 5, 2018 at 7 PM
ROLL CALL
MEMBERS PRESENT/ABSENT
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Theresa Stehly
Mayor Paul TenHaken
INVOCATION
● Tom Rooney, Direct Line Prayer Partner
PLEDGE OF ALLEGIANCE
RECOGNITION/AWARDS
● SIOUXPERHERO Citizen Recognition Awards
● 2018 Citizen Planning Academy Graduates
CONSENT AGENDA ITEMS
APPROVAL OF CONSENT AGENDA
MINUTES
● Informational Meeting of Monday, October 15, 2018, at 4 p.m.
● City Council Meeting of Monday, October 15, 2018, at 7 p.m.
● Informational Meeting of Tuesday, October 23, 2018, at 2 p.m.
● Joint City Council/Minnehaha County Commission Meeting of Tuesday, October 23,
2018, at 5 p.m.
COMMUNICATIONS
1. Approval of contracts/agreements on the November 2, 2018, memo.
2. Approval of notice of change orders on the November 2, 2018, memo.
3. Report of Requests for Quotes for Fuel dated: October 11, 2018; 7,500 Gallons of
#2 Dyed Diesel; Midway Service ($2.5180); Cole’s Petroleum ($2.5016); Harms
Oil ($2.5225); Howes Oil ($2.5090); Stern Oil, CHS, Inc. and Olson Oil, all no
bid. Bid awarded to: Cole’s Petroleum.
4. Report of Requests for Quotes for Fuel dated: October 12, 2018; 700 Gallons of
Unleaded Ethanol; Midway Service ($2.2892); Howes Oil ($2.2860); Stern Oil,
Cole’s Petroleum, Harms Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded
to: Howes Oil.
5. Report of Requests for Quotes for Fuel dated: October 15, 2018; Unleaded Ethanol
(8,500 Gallons) & #2 Dyed Diesel (7,500 Gallons); Midway Service ($2.2058
Unleaded & $2.6755 Diesel); Cole’s Petroleum ($2.1970 Unleaded & $2.6808
Diesel); Harms Oil ($2.3998 Unleaded & $2.6631 Diesel); Howes Oil, Stern Oil,
CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum.
6. Report of Requests for Quotes for Fuel dated: October 18, 2018; #1 Dyed Diesel
(400 Gallons) & #2 Dyed Diesel (400 Gallons); Howes Oil ($2.7825 #1 Dyed
Diesel & $2.5325 #2 Dyed Diesel); Stern Oil ($2.8867 #1 Dyed Diesel & $2.61 #2
Dyed Diesel); Midway Service, Cole’s Petroleum, Harms Oil, CHS, Inc., and
Olson Oil, all no bid. Bid awarded to: Howes Oil.
7. Report of Requests for Quotes for Fuel dated: October 22, 2018; 50/50 Blend
Dyed Diesel (750 Gallons); Midway Service ($2.67); Stern Oil ($2.71); CHS, Inc,
Olson Oil, Cole’s Petroleum, Harms Oil, and Howes Oil, all no bid. Bid awarded
to: Midway Service.
8. Report of Requests for Quotes for Fuel dated: October 23, 2018; 8,500 Gallons of
Unleaded Ethanol; Cole’s Petroleum ($2.2157); Stern Oil ($2.2902); Midway
Service, Harms Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded
to: Cole’s Petroleum.
9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: October 23,
2018; 7,500 Gallons of #2 Clear Diesel; Howes Oil, Inc. ($2.784); Harms Oil,
CHS Inc., Petroleum Traders, and Midwest Oil, all no bid. Bid awarded to: Howes
Oil, Inc.
10. A communication was received from Messiah New Hope Lutheran
Church requesting permission to consume, but not sell, wine and malt beverages at
Messiah New Hope Lutheran Church, 5001 E. Madison St., on Sunday, November
18, 2018, from 2 p.m. to 6 p.m., pursuant to SDCL 35-1-5.5 for a "Down-Home
for the Holidays" concert.
11. A communication was received from the Siouxland Heritage Museum requesting
permission to consume, but not sell, beer and wine at the Old Courthouse
Museum, 200 W. 6th St., on Thursday, November 29, 2018, pursuant to SDCL 35-
1-5.5 for an exhibit opening reception.
12. A communication was received requesting permission to consume, but not sell,
wine and malt beverages at the Butterfly House & Aquarium, 4320 S. Oxbow
Ave. on Thursday, December 6, 2018, from 5 p.m. - 6:30 p.m., pursuant to SDCL
35-1-5.5 for a Donor Appreciation Night.
13. Statement of Claim for Mechanic's and/or Materialman's Lien relating to a Public
Improvement Project from I-29 Brick Company for work and materials furnished
for the City of Sioux Falls Administration Building. Henry Carlson Construction,
LLC, is the general contractor.
APPLICATIONS
14. Special One-Day Liquor Licenses for Washington Pavilion Management Inc.,
Washington Pavilion of Arts & Sciences, 301 South Main Avenue, for special
events on December 15, 2018, May 25 and June 22, 2019.
15. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for
2019 to be operated at locations in the City of Sioux Falls, SD, identified as
Exhibit A.
NOTICE OF HEARINGS
Set a date of hearing for Tuesday, November 20, 2018, for Items 16 through 19:
16. New 2018-19 Retail Malt Beverage License for Regal Holdings Inc., Paradise
Central Casino II, 1821 West 12th Street, Suite D, with Conditional Use Permit
being approved on July 5, 2018.
17. Request to include video lottery terminals with the new 2018-19 Retail Malt
Beverage License for Regal Holdings Inc., Paradise Central Casino II, 1821 West
12th Street, Suite D.
18. Transfer of 2018 Retail Liquor License, including video lottery terminals, from
50/50 Holdings Inc., Deuces Casino 9, 2601 South Carolyn Avenue, to
Commonwealth Gaming & Holdings Co, Deuces Casino 6, 510 South Valley
View Road, Suite 1 (CUP not required).
19. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits and Cigars, to
be operated at Sanford Foundation House, 2335 East 60th Street North, for a
Christmas Party on December 6, 2018.
REGULAR AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
UNFINISHED BUSINESS
20. New 2019 Retail Wine License for Teng Ramen Inc., Ramen Fuji, 2300 South
Minnesota Avenue, Suite C, with Conditional Use Permit (9222-2018) being
approved on October 3, 2018. Pending final inspections per Health.
21. New 2018-19 Retail Malt Beverage License for Teng Ramen Inc., Ramen Fuji,
2300 South Minnesota Avenue, Suite C, with Conditional Use Permit (9222-2018)
being approved on October 3, 2018. Pending final inspections per Health.
22. New 2018-19 Retail Malt Beverage License, requesting off-sale use only, for I-90
Fuel Services Inc., Gas Stop, 5210 West 12th Street (CUP not required). Pending
final inspections per Health.
23. Special One-Day Liquor License for T Slat, JJ’s Fine Wine, Spirits & Cigars to be
operated at Sanford Imagenetics, 1321 West 22nd Street, for a physician mixer on
November 8, 2018.
24. Special One-day Malt Beverage and Special One-Day Wine Licenses for Catering
America, Chef Dominique’s Catering to be operated at Orthopedic Institute, 810
East 23rd Street, for a holiday party on November 29, 2018.
INTRODUCTION AND ADOPTION OF ORDINANCES
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 6300 W. 41ST ST. FROM THE S-1
GENERAL INSTITUTIONAL DISTRICT TO THE RA 2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT PETITION NO. 8738-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (7-1) with the
following conditions: 1) Required side yard setback along the north property line,
a minimum of 60 feet; and, 2) Buffer yard along the north property line shall
include a 2' berm and 6' privacy fence.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 608 W. 57TH ST. FROM THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT NO. 9129-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (7-1).
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1201 S. 7TH AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2
TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9171-2018,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (8-0).
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 700 S. 1ST AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2
TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9173 2018,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. Planning Commission recommends approval (8-0).
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 1001 E. 52ND ST. N. FROM THE I-1
LIGHT INDUSTRIAL DISTRICT TO THE I-2 HEAVY INDUSTRIAL
DISTRICT NO. 9178-2018, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval
(8-0).
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 801 N. DULUTH AVE. FROM THE
RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE
RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT NO. 9182-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (8-0).
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 500 E. 69TH ST. FROM THE O
OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICT NO. 9296-2018, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission
recommends approval (8-0).
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT 616 S. WILLOW AVE. FROM THE
RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-
1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT NO. 9319-
2018, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. Planning Commission recommends approval (8-0).
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 33:
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING SUPPLEMENTAL APPROPRIATIONS. Highways & Streets
($980,000).
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 34:
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR
SNOW REMOVAL OPERATIONS. Highways and Streets ($1,000,000).
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 35:
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CHAPTER 117: PEDDLERS AND VENDERS, SUBCHAPTER: RIGHT-OF-
WAY ALLOWANCES IN THE CENTRAL BUSINESS DISTRICT;
GENERALLY TO ALLOW NAURAL GAS FIRE PITS IN FURNITURE
ZONES.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 36:
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY. "Papa John's Party Room 1" and "Papa John's Party Room 2" at the
Midco Aquatic Center.
Set a date of hearing and 2nd Reading for Tuesday, November 13, 2018, at 7 p.m. for
Item 37:
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC
PROPERTY. "Sanford Health 50 Meter Pool" and "Sanford Health Mezzanine" at
Midco Aquatic Center.
HEARINGS AND RESOLUTIONS
38. A RESOLUTION APPROVING THE RELEASE OF PERMANENT
EASEMENTS LOCATED IN THE NW1/4 OF SECTION 6-T101N-R49W OF
THE 5TH P.M. AND IN LOT 1, BLOCK 5 OF SANFORD SPORTS COMPLEX
SOUTH ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA
COUNTY, SD.
39. A RESOLUTION TO APPROVE A HISTORIC MARKER ON CITY
PROPERTY.
40. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX
FALLS FIREFIGHTERS ASSOCIATION.
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)
41. REPORT OF THE OCTOBER 31, 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
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7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING.
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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.
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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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