City Council Meeting
Regular MeetingSioux Falls, SD · May 21, 2019
Minutes
MINUTES
City Council Meeting
Tuesday, May 21, 2019 at 7:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
Present: 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
Absent: None
2. INVOCATION
Alan Greene, CEO & Founder - LifeLight
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to approve the Consent Agenda.
Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Special City Council Meeting - State of the City of Wednesday, May 8, 2019
Informational Meeting of Tuesday, May 14, 2019
City Council Meeting of Tuesday, May 14, 2019
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated May 17, 2019.
7. Report of Requests for Quotes for Fuel dated: May 9, 2019; 7,500 Gallons of #2 Dyed
Diesel; Midway Service ($2.1380); Cole’s Petroleum ($2.1367); Farstad Oil ($2.1710);
Howes Oil ($2.1345); Stern Oil ($2.1486); CHS, Inc. ($2.1800). Harms Oil and Olson
Oil, both no bid. Bid awarded to: Howes Oil.
8. Report of Requests for Quotes for Fuel dated: May 10, 2019; Unleaded Ethanol (17,000
Gallons) & #2 Dyed Diesel (7,500 Gallons); Midway Service ($2.1965 Unleaded &
$2.1375 Diesel); Cole’s Petroleum ($2.2690 Unleaded & $2.2075 Diesel); Farstsad Oil
($2.2220 Unleaded & $2.1360 Diesel); Harms Oil ($2.2113 Unleaded & $2.1464
Diesel); Howes Oil, Stern Oil, CHS, Inc., Olson Oil, and MG Oil, all no bid. Bid awarded
to: Midway Service.
9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: May 10, 2019; 9,000
Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.4107);
Harms Oil: ($2.4328); Howes Oil ($2.439); CHS, Inc.: ($2.4475); Petroleum Traders and
Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil.
APPLICATIONS
10. Special One-Day Liquor Licenses for T Slat, JJ’s Wine, Spirits and Cigars to be
operated at the Levitt at the Falls, 504 North Phillips Avenue, for concerts on June 14,
15, 16, 19, 20, 21, 22, 27, 28, 29, 30, and July 4, 5, 6, 2019.
11. Special One-Day Liquor License for Prairie View Events Hall to be operated at the Old
Courthouse Museum, 200 West 6th Street, for a wedding on June 1, 2019.
12. Special One-Day Malt Beverage License for Zoological Society to be operated at the
Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a special event
on May 23, 2019.
13. Special One-Day Liquor License for Great Bear Recreation Park Inc, 5901 West Rice
Street, for a wedding on June 22, 2019.
14. Various Retail Malt Beverage renewals for 2019-2020 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit B.
The following abatements are recommended for approval by the Minnehaha County
Director of Equalization:
15. Light Mission Pentecostal Church, Inc., 2200 W. Burnside St., Parcel #34330, for 2017
property taxes in the amount of $125.11. Reason: The property is exempt from the tax.
16. Light Mission Pentecostal Church, Inc., 2200 W. Burnside St., Parcel #34330, for 2018
property taxes in the amount of $1,499.56. Reason: The property is exempt from the
tax.
NOTICE OF HEARINGS
17. Set a date of hearing for Tuesday, June 4, 2019. New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Mapletree Inc, Golden Coin Casino, 4110 West
Maple Mall, Suite 104 (CUP not required).
18. Set a date of hearing for Tuesday, June 4, 2019. Request to include video lottery
terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for
Mapletree Inc, Golden Coin Casino, 4110 West Maple Mall, Suite 104 (CUP not
required).
19. Set a date of hearing for Tuesday, June 4, 2019. New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Mapletree Inc., Golden Coin Casino, 4110 West
Maple Mall, Suite 105 (CUP not required).
20. Set a date of hearing for Tuesday, June 4, 2019. Request to include video lottery
terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for
Mapletree Inc., Golden Coin Casino, 4110 West Maple Mall, Suite 105 (CUP not
required).
21. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Malt Beverage
License for Sioux Falls Pride to be operated at Terrace Park, 1100 West 4th Street, for a
special event on June 15, 2019.
22. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for Catering America to be operated at Poet, 4615
North Lewis Avenue, for a social on June 18, 2019.
23. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Liquor License for
T Slat Inc., JJ’s Wine, Spirits and Cigars to be operated at TSP, 1112 North West
Avenue, for a Chamber Mixer on July 9, 2019.
24. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Liquor License for
TNT Entertainment to be operated at 8th & Railroad east parking lot, 401 E. 8th Street,
for a class reunion on July 27, 2019.
25. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT
parking lot, 212 East 11th Street, for German Fest on September 7, 2019.
26. Set a date of hearing for Tuesday, June 4, 2019. Various Retail Malt Beverage
renewals for 2019-2020 to be operated at various locations in the City of Sioux Falls,
SD, identified as Exhibit E.
REGULAR AGENDA
27. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
28. PUBLIC INPUT
David Zokaites spoke about the legalization of certain illegal drugs.
Christopher Bruce spoke about the costs of smart city infrastructure.
Connie Mack spoke about the problems associated with a corporation managing
properties in the City and she noted that their responsiveness to tenant needs is
significantly diminished compared to previous landlords.
Dwaine Schipper spoke about water utility profits, profit margins, and how several City
programs have seen increased budgets in 2019.
Sierra Broussard spoke about shootings in rental properties and the need for legislation
to prohibit landlords from allowing disruptive and criminal tenants from getting repeated
leases.
UNFINISHED BUSINESS
29. New 2018-19 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider
Licenses for Pure Fitness LLC, with the legal description of Lot 3, Block 1 Arrowhead
Parkway Addition (pending address of 5120 East Grant Street), effective May 31, 2019
(CUP not required). Pending final inspections per Fire, Health and Building Services.
30. New 2019-20 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider
Licenses for Severance Brewing Company, 701 North Phillips Avenue, Suite 110 (CUP
not required). Pending final inspections per Fire, Health and Building Services.
31. New 2019-20 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider
Licenses, requesting off-sale use only, for Family Dollar #25324, 421 West 8th Street
(CUP not required).
32. Transfer of 2019 Retail Liquor License from Kelly Inns Ltd, Hotel Phillips, 100 North
Phillips Avenue, to The Treasury LLC, The Treasury, 100 North Phillips Avenue.
Pending final inspections per Fire, Health and Building Services.
33. Special One-Day Liquor License for American Legion to be operated at The Point is to
Serve Church, 506 North Kiwanis Avenue, for a dinner on June 7, 2019.
34. Special One-Day Liquor License for Pave LLC to be operated at 8th & Railroad Center
parking lot, 401 East 8th Street, for an outdoor concert on August 23-24, 2019.
35. Special One-Day Liquor and Special One-Day Off-Sale Package Wine Licenses for
Zoological Society of Sioux Falls to be operated at the Great Plains Zoo & Delbridge
Museum, 805 South Kiwanis Avenue, for a fundraiser on August 1, 2019.
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to approve Items 29 through 35.
Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Stehly, Erickson, Kiley, Neitzert; 0
No: (None). Motion Passed. Brekke was excused from the meeting and the vote on this
item pursuant to City Ordinance 30.017.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
SECTION 51.010 (3) OF THE CODE OF ORDINANCES OF THE CITY PERTAINING
TO WATER DEPARTMENT WATER SERVICE CONNECTION AND METER
CHARGES.
A motion was made by Council Member Neitzert and seconded by Council Member
Kiley to adopt Ordinance No. 59-19.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING
CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE
EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER.
A motion was made by Council Member Kiley and seconded by Council Member Brekke
to adopt Ordinance No. 60-19.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 69TH ST. AND S.
VINEYARD AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 10163-2019, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (7-0).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to set a date of 2nd Reading for Tuesday, June 4, 2019 for Item 38.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed.
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. JACKSON ST. AND WEST OF S.
SOUTHEASTERN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE
DENSITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS TO THE O OFFICE AND CN CONSERVATION DISTRICTS, NO. 10197-
2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (7-0).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
A motion was made by Council Member Starr and seconded by Council Member Stehly
to set a date of 2nd Reading for Tuesday, June 4, 2019 for Item 39.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 818 W. 6TH ST. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10112-2019, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (7-0).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to set a date of 2nd Reading for Tuesday, June 4, 2019 for Item 40.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed.
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS FOR POLICE GRANT FUNDS. (General Fund
(Grant Funds) - $132,000; Sales Tax Fund (Grant Funds) - $67,000).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
A motion was made by Council Member Brekke and seconded by Council Member Kiley
to set a date of 2nd Reading for Tuesday, June 4, 2019 for Item 41.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
42. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON
PAVILION MANAGEMENT, INC. FOR THE MANAGEMENT OF THE WASHINGTON
PAVILION OF ARTS AND SCIENCE AND ORPHEUM THEATER.
A motion was made by Council Member Brekke and seconded by Council Member Starr
to adopt Resolution No. 40-19.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 40-19
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION
MANAGEMENT, INC. FOR THE MANAGEMENT OF THE WASHINGTON PAVILION OF
ARTS AND SCIENCE AND ORPHEUM THEATER.
WHEREAS, the City owns the Washington Pavilion of Arts and Science, being the
former Washington Senior High School located in downtown Sioux Falls, and a domed
motion picture theater which is used for cultural, social, and business events,
exhibitions, public and private gatherings, and other similar uses, situated in Sioux Falls,
SD (“the Pavilion”); and
WHEREAS, the City owns the Orpheum Theater in Sioux Falls, SD (“the Orpheum”);
and
WHEREAS, the City owns and maintains assets held within the Pavilion and Orpheum,
including science exhibits and equipment necessary to provide programming for the
Pavilion and Orpheum; and
WHEREAS, it is the desire of the City to bring the Orpheum under the management of
Washington Pavilion Management, Inc. (“Management Company”); and
WHEREAS, it is the desire of the City to terminate SMG’s management responsibility of
the Orpheum under Agreement No. 17-4229; and
WHEREAS, it is the desire of the City to terminate Ovations Food Services, L.P. d/b/a
Spectra Food Services and Hospitality’s Food and Beverage Agreement as it pertains to
the Orpheum under Agreement No. 17-4173; and
WHEREAS, the City and Management Company will work collaboratively to ensure the
long-term viability of the Pavilion and Orpheum as first-class arts and culture facilities for
the public’s enjoyment; and
WHEREAS, this agreement also serves as a memorandum of understanding of a long-
term relationship between the City and Management Company by standards appropriate
of an accredited institution of the American Association of Museums; and
WHEREAS, the City desires to have Management Company manage and operate the
Pavilion and Orpheum, and Management Company desires to perform such services
pursuant to the terms and conditions set forth in this First Amended Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. The document attached hereto and made a part of this Resolution entitled
“First Amended Management and Operating Agreement between the City of Sioux Falls,
South Dakota, and Washington Pavilion Management, Inc.,” for Management Company
to manage and operate the Washington Pavilion of Arts and Science and Orpheum
Theater is hereby approved.
Section 2. The Mayor is authorized to sign the First Amended Management Agreement
after it is ratified and executed by Management Company.
Section 3. The City shall publish the Resolution, without attachment, after its passage.
The attachment is on file and available for inspection in the office of the City Clerk.
Date adopted: 05/21/19 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
43. A RESOLUTION APPROVING THE COOPERATIVE’S INTEGRATED RESOURCE
PLAN (“IRP”) AS REQUIRED BY THE ENERGY POLICY ACT OF 1992.
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to adopt Resolution No. 41-19.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 41-19
A RESOLUTION APPROVING THE COOPERATIVE’S INTEGRATED RESOURCE
PLAN (“IRP”) AS REQUIRED BY THE ENERGY POLICY ACT OF 1992.
WHEREAS, the Energy Policy Act of 1992 and rules promulgated thereunder require the
City of Sioux Falls, SD (Sioux Falls) to file and submit an Integrated Resource Plan
(IRP) with Western Area Power Administration (WAPA) every five years; and
WHEREAS, the Energy Planning and Management Program Submittal Procedures, 10
CFR Part 905.12, authorize the formation of cooperatives to develop IRPs; and
WHEREAS, Sioux Falls has participated in a cooperative to develop an IRP along with
the cities of Madison, Miller, and Volga in SD; Valentine, NE; and the New Ulm, MN,
Public Utilities Commission; and
WHEREAS, Sioux Falls and the other IRP cooperative members have developed the
IRP under the revised guidelines of the Energy Planning and Management Program;
and
WHEREAS, the Sioux Falls City Council has reviewed the June 2019 IRP prepared by
the cooperative; and
WHEREAS, Sioux Falls desires to support the IRP, but only to the extent that the IRP is
not inconsistent with the terms and conditions of the Power Sales Agreements between
Sioux Falls and its suppliers;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. The document attached hereto and made a part of this Resolution entitled
“June 2019 Integrated Resource Plan” is hereby approved and adopted.
Section 2. The Mayor is hereby authorized to carry out all acts necessary to ensure that
the IRP is filed with WAPA and regulatory bodies, as appropriate.
Section 3. The City shall publish this resolution without attachments after its passage.
The attachments are on file and available in the office of the City Clerk.
Date adopted: 05/21/19 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
44. A RESOLUTION TO ESTABLISH THE CITY OF SIOUX FALLS' PARTICIPATION IN
THE SIOUX EMPIRE LEADERSHIP COUNCIL.
A motion was made by Council Member Erickson and seconded by Council Member
Brekke to adopt Resolution No. 42-19.
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to amend by striking “this agreement is entered into” and inserting “there is a
desire to enter into an agreement” in the first line of the first whereas clause & inserting
“and recommendations” between the words “decisions” and “based” in the third line of
the resolution.
Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 42-19
A RESOLUTION TO ESTABLISH THE CITY OF SIOUX FALLSʼ PARTICIPATION
IN THE SIOUX EMPIRE LEADERSHIP COUNCIL.
WHEREAS, there is a desire to enter into an agreement between the Minnehaha
County, Lincoln County, Minnehaha County Sheriff’s Office, Lincoln County
Sheriff’s Office, Unified Judicial System – 2nd Circuit, City of Sioux Falls, Sioux
Falls Public School District, Avera Health, Sanford Health, Sioux Falls Area
Chamber of Commerce, and Sioux Falls Area Community Foundation for the
purpose of establishing a Sioux Empire Leadership Council (hereafter referred to
as “SELC”) to discuss, prioritize, develop, and/or direct projects that cross
jurisdictional boundaries; and
WHEREAS, leadership of the Sioux Empire, both public and private stakeholders, at
all levels, are challenged by declining revenues and shrinking budgets while also
facing increasingly complex problems. Collaboration across community sectors can
promote efficiency by identifying issues being addressed by multiple agencies and
fostering discussion of how agencies can share resources and reduce
redundancies, thus potentially decreasing costs and improving performance and
outcomes;
THEREFORE, the SELC will collaborate to align policies and leverage cross-
resources as appropriate;
THEREFORE, the SELC will be established to benefit our citizens and community;
NOW, THEREFORE, BE IT RESOLVED, that the Sioux Empire Leadership
Councilʼs purpose is to better serve our community through employing
collaboration, supporting innovation, and making decisions and recommendations
based on research and data to minimize duplication, provide better community and
program outcomes, and use funding more efficiently.
Date adopted: 05/21/19 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
45. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND
POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2020.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to adopt Resolution No. 43-19.
A motion was made by Council Member Stehly and seconded by Council Member
Erickson to amend by adding a final paragraph to read as follows: “That the business to
be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday, August 6,
2019, will be rescheduled to 7 p.m., Monday, August 5, 2019, as it conflicts with the
National Night Out neighborhood events” and inserting "2019 AND" before "2020" in the
title.
Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 43-19
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND
POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2019 AND 2020.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the business to be conducted at the City Council meeting scheduled for 7 p.m. on
Tuesday, April 14, 2020, will be rescheduled to 7 p.m., Wednesday, April 15, 2020, as it
conflicts with the City of Sioux Falls Municipal Election.
That the business to be conducted at the City Council meeting scheduled for 7 p.m. on
Tuesday, May 5, 2020, will be rescheduled to 7 p.m., Wednesday, May 6, 2020, as it
may conflict with the City of Sioux Falls Municipal Runoff Election.
That the business to be conducted at the City Council meeting scheduled for 7 p.m. on
Tuesday, August 6, 2019, will be rescheduled to 7 p.m., Monday, August 5, 2019, as it
conflicts with the National Night Out neighborhood events.
Date adopted: 05/21/19 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
46. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF
SIOUX FALLS, SD.
A motion was made by Council Member Kiley and seconded by Council Member
Selberg to adopt Resolution No. 44-19.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 44-19
A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF
SIOUX FALLS, SD.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Pursuant to SDCL 9-12-6, the official newspaper for the City of Sioux Falls, SD, shall be
the Argus Leader for a period from July 1, 2019, to June 30, 2021.
Date adopted: 05/21/19 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
47. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to adopt Resolution No. 45-19.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 45-19
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following Mayoral appointments:
Name Board Term
Eric Ellefson Airport Authority Board Appointed for a term from May 2019
to May 2024 (to replace Mike Luce).
Lon Stroschein Airport Authority Board Reappointed for a term from May
2019 to May 2024.
John “Jack” Marsh Board of Ethics Reappointed for a term from May
2019 to May 2023.
Kathy Renken Board of Historic Appointed for a term from May 2019
Preservation to May 2022 (to replace Josh
Chilson).
Lura Roti Board of Historic Reappointed for a term from May
Preservation 2019 to May 2022.
Anne Hajek Charter Revision Appointed for a term from May 2019
Commission to May 2023 (to replace Susan
Aguilar).
Justin Smith Charter Revision Reappointed for a term from May
Commission 2019 to May 2023.
Carl Zylstra Charter Revision Appointed for a term from May 2019
Commission to May 2023 (to replace Jill
Entenman).
Linda Barkey Falls Community Health Appointed for a term from May 2019
Center Governing Board to November 2021 (to fill the
unexpired term of Nicholas
Thompson).
Patricia Bolds Falls Community Health Appointed for a term from May 2019
Center Governing Board to January 2020 (to fill the unexpired
term of Linda Karnof).
Jonathan Ott Falls Community Health Reappointed for a term from May
Center Governing Board 2019 to May 2022.
Joel Rosenthal Library Board of Trustees Appointed for a term from May 2019
to May 2022 (to replace Becky
Thurman).
Kurt Johnson Planning Commission Reappointed for a term from May
2019 to May 2024.
Erik Nyberg Planning Commission Appointed for a term from May 2019
to May 2024 (to replace Nicholas
Sershen).
Preston Mettler Sioux Falls Housing & Appointed for a term from May 2019
Redevelopment to May 2024 (to replace William
Commission Earley).
Jan Grunewaldt Sioux Falls Visitors & Appointed for a term from May 2019
Convention Bureau BID to April 2020 (to fill the unexpired
Board term of Jean Hoesing).
Date adopted: 05/21/19 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
Mayor Paul TenHaken relinquished the chair pursuant to Section 30.008(2) of the Code
of Ordinances and departed the meeting at 8:15 p.m. Council Chair Christine M.
Erickson assumed duties as presiding officer.
48. ELECTION OF CITY COUNCIL CHAIR.
A motion was made by Council Member Soehl and seconded by Council Member
Neitzert to nominate Council Member Marshall Selberg as City Council Chair.
Roll call vote to elect the City Council Chair. For Selberg (8): Selberg, Soehl, Starr,
Stehly, Brekke, Erickson, Kiley, Neitzert. Marshall Selberg was elected as the City
Council Chair.
49. ELECTION OF CITY COUNCIL VICE CHAIR.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to nominate Council Member Greg Neitzert as City Council Vice Chair.
A motion was made by Council Member Brekke and seconded by Council Member
Stehly to nominate Council Member Pat Starr as City Council Vice Chair.
Roll call vote to elect the City Council Vice Chair. For Neitzert (5): Selberg, Soehl,
Erickson, Kiley, Neitzert; For Starr (3): Starr, Stehly, Brekke. Greg Neitzert was elected
as the City Council Vice Chair.
50. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE.
A motion was made by Council Member Brekke and seconded by Council Member
Stehly to nominate Council Member Pat Starr as the 4th Member to the City Council
Operations Committee.
Roll call vote to elect the 4th Member to the City Council Operations Committee. For
Starr (8) Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert. Pat Starr
was elected as the 4th Member to the City Council Operations Committee.
ADJOURNMENT
A motion was made by Council Member Starr and seconded by Council Member Stehly
to adjourn at 8:56 p.m.
Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley,
Neitzert; 0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, May 21, 2019 at 7:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
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
2. INVOCATION
Alan Greene, CEO & Founder - LifeLight
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Special City Council Meeting - State of the City of Wednesday, May 8, 2019
Informational Meeting of Tuesday, May 14, 2019
City Council Meeting of Tuesday, May 14, 2019
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated May 17, 2019.
7. Report of Requests for Quotes for Fuel dated: May 9, 2019; 7,500 Gallons of #2 Dyed
Diesel; Midway Service ($2.1380); Cole’s Petroleum ($2.1367); Farstad Oil ($2.1710);
Howes Oil ($2.1345); Stern Oil ($2.1486); CHS, Inc. ($2.1800). Harms Oil and Olson
Oil, both no bid. Bid awarded to: Howes Oil.
8. Report of Requests for Quotes for Fuel dated: May 10, 2019; Unleaded Ethanol (17,000
Gallons) & #2 Dyed Diesel (7,500 Gallons); Midway Service ($2.1965 Unleaded &
$2.1375 Diesel); Cole’s Petroleum ($2.2690 Unleaded & $2.2075 Diesel); Farstsad Oil
($2.2220 Unleaded & $2.1360 Diesel); Harms Oil ($2.2113 Unleaded & $2.1464
Diesel); Howes Oil, Stern Oil, CHS, Inc., Olson Oil, and MG Oil, all no bid. Bid awarded
to: Midway Service.
9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: May 10, 2019; 9,000
Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.4107);
Harms Oil: ($2.4328); Howes Oil ($2.439); CHS, Inc.: ($2.4475); Petroleum Traders and
Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil.
APPLICATIONS
10. Special One-Day Liquor Licenses for T Slat, JJ’s Wine, Spirits and Cigars to be
operated at the Levitt at the Falls, 504 North Phillips Avenue, for concerts on June 14,
15, 16, 19, 20, 21, 22, 27, 28, 29, 30, and July 4, 5, 6, 2019.
11. Special One-Day Liquor License for Prairie View Events Hall to be operated at the Old
Courthouse Museum, 200 West 6th Street, for a wedding on June 1, 2019.
12. Special One-Day Malt Beverage License for Zoological Society to be operated at the
Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a special event
on May 23, 2019.
13. Special One-Day Liquor License for Great Bear Recreation Park Inc, 5901 West Rice
Street, for a wedding on June 22, 2019.
14. Various Retail Malt Beverage renewals for 2019-2020 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit B.
The following abatements are recommended for approval by the Minnehaha County
Director of Equalization:
15. Light Mission Pentecostal Church, Inc., 2200 W. Burnside St., Parcel #34330, for 2017
property taxes in the amount of $125.11. Reason: The property is exempt from the tax.
16. Light Mission Pentecostal Church, Inc., 2200 W. Burnside St., Parcel #34330, for 2018
property taxes in the amount of $1,499.56. Reason: The property is exempt from the
tax.
NOTICE OF HEARINGS
17. Set a date of hearing for Tuesday, June 4, 2019. New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Mapletree Inc, Golden Coin Casino, 4110 West
Maple Mall, Suite 104 (CUP not required).
18. Set a date of hearing for Tuesday, June 4, 2019. Request to include video lottery
terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for
Mapletree Inc, Golden Coin Casino, 4110 West Maple Mall, Suite 104 (CUP not
required).
19. Set a date of hearing for Tuesday, June 4, 2019. New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Mapletree Inc., Golden Coin Casino, 4110 West
Maple Mall, Suite 105 (CUP not required).
20. Set a date of hearing for Tuesday, June 4, 2019. Request to include video lottery
terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for
Mapletree Inc., Golden Coin Casino, 4110 West Maple Mall, Suite 105 (CUP not
required).
21. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Malt Beverage
License for Sioux Falls Pride to be operated at Terrace Park, 1100 West 4th Street, for a
special event on June 15, 2019.
22. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for Catering America to be operated at Poet, 4615
North Lewis Avenue, for a social on June 18, 2019.
23. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Liquor License for
T Slat Inc., JJ’s Wine, Spirits and Cigars to be operated at TSP, 1112 North West
Avenue, for a Chamber Mixer on July 9, 2019.
24. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Liquor License for
TNT Entertainment to be operated at 8th & Railroad east parking lot, 401 E. 8th Street,
for a class reunion on July 27, 2019.
25. Set a date of hearing for Tuesday, June 4, 2019. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT
parking lot, 212 East 11th Street, for German Fest on September 7, 2019.
26. Set a date of hearing for Tuesday, June 4, 2019. Various Retail Malt Beverage
renewals for 2019-2020 to be operated at various locations in the City of Sioux Falls,
SD, identified as Exhibit E.
REGULAR AGENDA
27. APPROVAL OF THE REGULAR AGENDA
28. PUBLIC INPUT
UNFINISHED BUSINESS
29. New 2018-19 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider
Licenses for Pure Fitness LLC, with the legal description of Lot 3, Block 1 Arrowhead
Parkway Addition (pending address of 5120 East Grant Street), effective May 31, 2019
(CUP not required). Pending final inspections per Fire, Health and Building Services.
30. New 2019-20 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider
Licenses for Severance Brewing Company, 701 North Phillips Avenue, Suite 110 (CUP
not required). Pending final inspections per Fire, Health and Building Services.
31. New 2019-20 Retail Malt Beverage and SD Farm Wine and 2019 Retail Wine and Cider
Licenses, requesting off-sale use only, for Family Dollar #25324, 421 West 8th Street
(CUP not required).
32. Transfer of 2019 Retail Liquor License from Kelly Inns Ltd, Hotel Phillips, 100 North
Phillips Avenue, to The Treasury LLC, The Treasury, 100 North Phillips Avenue.
Pending final inspections per Fire, Health and Building Services.
33. Special One-Day Liquor License for American Legion to be operated at The Point is to
Serve Church, 506 North Kiwanis Avenue, for a dinner on June 7, 2019.
34. Special One-Day Liquor License for Pave LLC to be operated at 8th & Railroad Center
parking lot, 401 East 8th Street, for an outdoor concert on August 23-24, 2019.
35. Special One-Day Liquor and Special One-Day Off-Sale Package Wine Licenses for
Zoological Society of Sioux Falls to be operated at the Great Plains Zoo & Delbridge
Museum, 805 South Kiwanis Avenue, for a fundraiser on August 1, 2019.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
SECTION 51.010 (3) OF THE CODE OF ORDINANCES OF THE CITY PERTAINING
TO WATER DEPARTMENT WATER SERVICE CONNECTION AND METER
CHARGES.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING
CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE
EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER.
ORDINANCE FIRST READINGS
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 69TH ST. AND S.
VINEYARD AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 10163-2019, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (7-0).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. JACKSON ST. AND WEST OF S.
SOUTHEASTERN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE
DENSITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS TO THE O OFFICE AND CN CONSERVATION DISTRICTS, NO. 10197-
2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (7-0).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 818 W. 6TH ST. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10112-2019, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (7-0).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS FOR POLICE GRANT FUNDS. (General Fund
(Grant Funds) - $132,000; Sales Tax Fund (Grant Funds) - $67,000).
Recommendation: Set a date of 2nd Reading for Tuesday, June 4, 2019.
HEARINGS AND RESOLUTIONS
42. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED
AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON
PAVILION MANAGEMENT, INC. FOR THE MANAGEMENT OF THE WASHINGTON
PAVILION OF ARTS AND SCIENCE AND ORPHEUM THEATER.
43. A RESOLUTION APPROVING THE COOPERATIVE’S INTEGRATED RESOURCE
PLAN (“IRP”) AS REQUIRED BY THE ENERGY POLICY ACT OF 1992.
44. A RESOLUTION TO ESTABLISH THE CITY OF SIOUX FALLS' PARTICIPATION IN
THE SIOUX EMPIRE LEADERSHIP COUNCIL.
45. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND
POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2020.
46. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF
SIOUX FALLS, SD.
47. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
NEW BUSINESS
48. ELECTION OF CITY COUNCIL CHAIR.
49. ELECTION OF CITY COUNCIL VICE CHAIR.
50. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE.
ADJOURNMENT
The City Council may include such other business as may come before this body.
UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE
CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN
ADVANCE OF THE MEETING.
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.
PUBLIC INPUT IS TAKEN BOTH GENERALLY AND FOR ANY ITEM ON THE REGULAR AGENDA. DURING THE “GENERAL
PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON AND, IN
TOTAL, SHALL LAST NO MORE THAN 30 MINUTES. DURING THIS PORTION OF THE MEETING, PERSONS MAY NOT
ADDRESS ANY ITEM APPEARING ON THE REGULAR AGENDA.
PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS
THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES.
FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY.
MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.
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