City Council Meeting
Regular MeetingSioux Falls, SD · January 21, 2020
Minutes
MINUTES
City Council Meeting
Tuesday, January 21, 2020 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 Greg Neitzert, Mayor Paul
TenHaken
Absent: Council Member Rick Kiley
2. INVOCATION
Pastor Phill Tague, The Ransom Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
Council Member Marshall Selberg asked to place Agenda Item 24 on the Regular
Agenda for Council discussion. See Agenda Item 24 for action taken.
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to approve the Consent Agenda.
Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Neitzert; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, January 14, 2020
City Council Meeting of Tuesday, January 14, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated January 17, 2020.
7. Notice of change orders on the memorandum dated January 17, 2020.
8. Approval of surplus property disposition on the memorandum dated December 31,
2019.
9. Report of Requests for Quotes for Fuel dated: January 9, 2020; Unleaded Ethanol (700
Gallons) & Clear Diesel #1 (300 Gallons) & Clear Diesel #2 (300 Gallons); Vollan Oil
(Unleaded $1.9895 & Clear Diesel #1 $2.571 & Clear Diesel # 2 $2.315); Howes Oil
(Unleaded $2.0595 & Clear Diesel #1 $2.6325 & Clear Diesel # 2 $2.378); Stern Oil
(Unleaded $2.1247 & Clear Diesel #1 $2.5451 & Clear Diesel #2 $2.5451); CHS, Inc.,
Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil.
10. Report of Requests for Quotes for Fuel dated: January 10, 2020; Unleaded E10 (7,000
Gallons) & Unleaded E30 (1,000 Gallons): Harms Oil (Unleaded E10 $1.9952 &
Unleaded E30 $2.0901); Vollan Oil (Unleaded E10 $1.9195 & Unleaded E30 $1.8943);
Howes Oil (DEF $.9850): Stern Oil, Harms Oil, CHS, Inc., Olson Oil, and Farstad all no
bid. Bid awarded to Vollan Oil.
11. Report of Requests for Quotes for Fuel dated: January 13, 2020; Dyed Diesel #1 (7,500
Gallons) & Dyed Diesel #2 (7,500 Gallons); Vollan Oil (Dyed Diesel # 1 $2.1895 & Dyed
Diesel #2 $1.971); Harms Oil (Dyed Diesel # 1 $2.2045 & Dyed Diesel # 2 $1.986);
Cole Petroleum (Dyed Diesel # 1 $2.1638 & Dyed Diesel # 2 $1.9548); CHS, Inc.,
Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Cole Petroleum.
12. Sioux Area Metro Report of Requests for Quotes for Fuel dated: January 13, 2020;
50/50 Blend of #1 and #2 Clear Diesel (9,000 Gallons); Harms Oil: (#1 Clear Diesel
$2.481 & #2 Clear Diesel $2.2625); CHS, Inc. (#1 Clear diesel $2.5050 & #2 Clear
Diesel $2.2800); Parkland USA/SPF Energy Inc./Farstad Oil, Howes Oil, Petroleum
Traders, and Midwest Oil, all no bid. Bid awarded to: Harms Oil.
13. Approval of a request from Mitch and Jodie Jensen to consume, but not sell, wine, beer,
and liquor at the Old Courthouse Museum, 200 W. 6th St., on March 13, 2020, for the
following purpose: a wedding reception.
14. Pursuant to SDCL 9-20-1 and 9-20-8, on Tuesday, January 14, 2020, the Lincoln
County Auditor and the Minnehaha County Auditor furnished the Sioux Falls City Clerk
with the total number of registered Sioux Falls voters in their respective counties.
Lincoln County reported 21,049 registered voters and Minnehaha County reported
89,514 registered voters for a total of 110,563 registered voters in the City of Sioux
Falls.
15. Approval of the SIOUXPERHERO Committee's recommendation that the City Council
award the SIOUXPERHERO Citizen Recognition Award to: Gary Theis.
APPLICATIONS
16. Renewal of 2020 Retail Liquor License for Liebrary Bar 2, 5108 South Madison Road,
Suite 100.
17. Renewal of 2020 Retail Wine License for Roll N Pin, 3015 West Russell Street.
18. Renewal of 2020 Retail Wine License for Pho Thai, 230 South Phillips Avenue, Suite
104.
19. Renewal of 2020 Retail Wine License for Posh Nails, 7750 South Dakota Hawk
Avenue.
NOTICE OF HEARINGS
20. Set a date of hearing for Monday, February 3, 2020. Transfer of 2020 Retail Liquor
License, with video lottery terminals, and 2020 Package Liquor License from Badlands
Gaming LLC, Badlands Gaming, 1600 West Russell Street, to South Dakota Veterans
Alliance Inc., 1600 West Russell Street.
21. Set a date of hearing for Monday, February 3, 2020. Special One-Day Malt Beverage
and Special One-Day Wine Licenses for Boys & Girls Clubs of the Sioux Empire to be
operated at 8th & Railroad Center parking lot, 401 East 8th Street, for a winter carnival
on February 8, 2020.
22. Set a date of hearing for Monday, February 3, 2020. Special One-Day Liquor License
for T Slat, JJ’s Wine, Spirits & Cigars to be operated at Montgomery’s, 1725 W 41st
Street, for a Chamber Mixer on February 11, 2020.
23. Set a date of hearing for Tuesday, February 11, 2020. A RESOLUTION DECLARING
THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 57TH ST., AND ASSESSING
THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
24. Set a date of hearing for Tuesday, February 11, 2020. A RESOLUTION DECLARING
THE NECESSITY TO CONSTRUCT SIDEWALK ON S. SOUTHEASTERN AVE., AND
ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING
THEREBY.
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to approve Item 24.
A motion was made by Council Member Selberg and seconded by Council Member
Erickson to amend the Notice of Hearing and proposed resolution by changing the first
legal description to read: “Lot 1, 2 & 3 in Tract 2 of Greenfield River Ridge Addition to
the City of Sioux Falls, Minnehaha County, SD;” the 7th legal description to read, “Lot
14 of Lots 12 to 16 inclusive, Riverview Addition to Sioux Falls, and that part of Lot 9 of
Riverview Addition to Sioux Falls lying west of Lot H-1 and all of vacated street
adjacent thereto, all in Minnehaha County, SD; and, the last Legal Description to read,
“Lot 1, Block 3 of Subdivision of Lots 11 and 12 and part of Lots 1 and 15 of Riverview
Addition in Part of SE1/4 of Sec. 22-T101N-R49W of the 5th P.M., to the City of Sioux
Falls, Minnehaha County, SD”.
Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Neitzert; 0 No: (None). Motion Passed.
25. Set a date of hearing for Tuesday, February 11, 2020. A RESOLUTION DECLARING
THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 85TH ST., AND ASSESSING
THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
REGULAR AGENDA
26. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to approve the Regular Agenda.
Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Neitzert; 0 No: (None). Motion Passed.
27. PUBLIC INPUT
James Reed spoke about a traffic ticket he recently received.
Heather Pastor spoke about a court case she was recently involved in.
Sierra Broussard spoke about staffing in the Police Department.
David Zokaites spoke about a council meeting viewing party and the benefits of
watching government proceedings.
Chris (last name not provided) spoke about the need for four-wheel drive ambulances
during inclement weather.
Mayor Paul TenHaken recognized new USD Discovery District President Mark Brown.
Item 24 was heard at this time.
UNFINISHED BUSINESS
Council Member Christine M. Erickson excused herself from the meeting for the
reading and vote on Items 28 through 42 pursuant to Section 30.017 of the Code of
Ordinances.
28. New 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use
only, for Casey’s General Store #3872, 4001 West 57th Street (CUP not required).
Pending final inspection per Health.
29. Transfer of 2020 Retail Liquor License, with video lottery terminals, from Rentschler’s
Inc., Gateway Lounge & Casino, 3408 Gateway Boulevard, to Jack’s Gateway Inc.,
Gateway Lounge & Casino, 3408 Gateway Boulevard.
30. Transfer of 2020 Package Liquor License from Davlon Inc., Shop N Cart 49er, 3501
West 49th Street, to Neon Properties LLC, Neon Casino, 4101 East 10th Street.
31. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from I-90 Fuel
Services Inc., The Gas Stop #123, 1927 West 57th Street, to Holiday Stationstores LLC,
Holiday Stationstore #497, 1927 West 57th Street.
32. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from I-90 Fuel
Services Inc., The Gas Stop #125, 5210 West 12th Street, to Holiday Stationstores LLC,
Holiday Stationstore #504, 5210 West 12th Street.
33. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #115,
6509 South Louise Avenue, to Holiday Stationstores LLC, Holiday Stationstore #489,
6509 South Louise Avenue.
34. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #116,
3000 East 26th Street, to Holiday Stationstores LLC, Holiday Stationstore #493, 3000
East 26th Street.
35. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #118,
4600 West 41st Street, to Holiday Stationstores LLC, Holiday Stationstore #495, 4600
West 41st Street.
36. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #117,
1737 South Cliff Avenue, to Holiday Stationstores LLC, Holiday Stationstore #494, 1737
South Cliff Avenue.
37. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #120,
3312 South Western Avenue, to Holiday Stationstores LLC, Holiday Stationstore #496,
3312 South Western Avenue.
38. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #124,
7125 West 26th Street, to Holiday Stationstores LLC, Holiday Stationstore #498, 7125
West 26th Street.
39. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #131,
3245 South Sycamore Avenue, to Holiday Stationstores LLC, Holiday Stationstore
#499, 3245 South Sycamore Avenue.
40. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #104,
7414 South Minnesota Avenue, to Holiday Stationstores LLC, Holiday Stationstore
#503, 7414 South Minnesota Avenue.
41. Special One-Day Liquor License for Avera McKennan Foundation to be operated at
Avera Specialty Hospital, 6100 South Louise Avenue, for the Hearts in Healing
fundraiser on February 1, 2020.
42. Special One-Day Liquor License and Special One-Day Package Off-Sale Wine license
for Avera McKennan Foundation to be operated at Prairie Center, 1000 East 23rd
Street, for the Big Grape fundraiser on April 3, 2020.
A motion was made by Council Member Neitzert and seconded by Council Member
Selberg to approve Items 28 through 42.
Roll call vote to approve. 6 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Neitzert; 0 No:
(None). Motion Passed. Erickson 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
43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160:
ZONING, SUBCHAPTER: ON PREMISES SIGN REGULATIONS. The Planning
Commission recommends approval (4-0).
A motion was made by Council Member Selberg and seconded by Council Member
Erickson to adopt Ordinance No. 7-20.
Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
44. 1st Reading: Deferred from the Meetings of Tuesday, December 17, 2019 and
Tuesday, January 7, 2020; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT NW CORNER OF E. MADISON ST. AND N.
VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN,
RD-2 TOWNHOME RESIDENTIAL—SUBURBAN; RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH
DENSITY; LW LIVE-WORK; O OFFICE; AND C-2 COMMERCIAL—NEIGHBORHOOD
AND STREETCAR DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—
SURBURBAN; RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN; RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; S-1 GENERAL INSTITUTIONAL;
CN CONSERVATION; C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR;
AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 11263-2019, 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 Monday, February 3, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Neitzert to set a date of 2nd Reading for Monday, February 3, 2020 for Item 44.
Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Neitzert; 0 No: (None). Motion Passed.
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS
INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL
INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT
OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR
AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR
URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE
LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER.
Recommendation: Set a date of 2nd Reading for Monday, February 3, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to set a date of 2nd Reading for Monday, February 3, 2020 for Item 45.
Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Neitzert; 0 No: (None). Motion Passed.
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING
THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE
PAYMENT OF TAX INCREMENT REVENUES TO CR LLOYD ASSOCIATES, INC., IN
ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL
DISTRICT NO. TWENTY-TWO, CITY OF SIOUX FALLS.
Recommendation: Set a date of 2nd Reading for Monday, February 3, 2020.
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to set a date of 2nd Reading for Monday, February 3, 2020 for Item 46.
Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Neitzert; 0 No: (None). Motion Passed.
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO
ELECTIONS.
Recommendation: Set a date of 2nd Reading for Monday, February 3, 2020.
Mayor Paul TenHaken relinquished the chair to Council Chair Marshall Selberg to enter
the debate.
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to set a date of 2nd Reading for Monday, February 3, 2020 for Item 47.
Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Neitzert; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
48. A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT
UTILITY EASEMENT LOCATED IN LOT 14C IN BLOCK 1 OF GRAND ARBOR
VILLAGE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD.
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to adopt Resolution No. 8-20.
Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
RESOLUTION NO. 8-20
A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT
UTILITY EASEMENT LOCATED IN LOT 14C IN BLOCK 1 OF GRAND ARBOR
VILLAGE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD.
WHEREAS, the City of Sioux Falls, SD, no longer needs a portion of a permanent utility
easement area 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 utility easement was established by plat and filed in Book 1
of Plats on page 181 in the office of the Register of Deeds for Lincoln County, SD, on
October 31, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of a portion of a permanent utility easement area, as
shown on attached Exhibit A, and affecting the real property described as Lot 14C in
Block 1 of Grand Arbor Village Addition to the City of Sioux Falls, Lincoln County, SD,
and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln
County, SD, a duly certified transcript of this resolution.
Date adopted: 01/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
49. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 119-19. (ANNEXATION 9082-
2018—Lisa Dr.)
A motion was made by Council Member Selberg and seconded by Council Member
Erickson to adopt Resolution No. 9-20.
Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
RESOLUTION NO. 9-20
ANNEXATION 9082-2018—Lisa Dr.
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 119-19.
WHEREAS, on December 3, 2019, the City Council of the City of Sioux Falls adopted
Resolution No. 119-19 to include certain contiguous territory within the corporate limits
of the city of Sioux Falls, SD; and
WHEREAS, the annexation map boundaries have been approved by the City Council;
and
WHEREAS, the legal description as set forth in Resolution 119-19 was not accurate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the legal description as set forth in Resolution 119-19 hereby is amended to read
as follows:
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 (the number corresponds to the filed map numbering
titled “Proposed Annexation to the City of Sioux Falls”):
1. Lot 5 of Block 1 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
2. Lot 6 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
The entire portion of unincorporated S. Lisa Dr. right-of-way from the existing city limits
(at the intersection of E. 41st St. and S. Lisa Dr.) north and east to the edge of the
annexation area along S. Veterans Pkwy. in the SE1/4 of the SE1/4 of Section 25,
Township 101 North, Range 49 West of the 5th PM, Minnehaha County, SD, and
adjacent to but not including the following properties (the number corresponds to the
filed map numbering titled “Proposed Annexation to the City of Sioux Falls”):
3. Lot 9 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
4. Lot 8 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
5. Lot 7 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
6. Lot 5 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
7. Lot 3 and 4 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the
SE1/4 of Section 25, Township 101 North, Range 49 West of the 5th PM
including any adjacent E. 41st Street and S. Lisa Drive right-of-way,
Minnehaha County, SD; AND
8. Lot 2 of Block 2 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
9. Lot 1 of Block 1 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
10. Lot 8 of Block 1 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
11. Lot 7 of Block 1 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
12. Lot 6 of Block 1 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD; AND
13. Lot 4 of Block 1 in Pearson’s Subdivision of part of the SE1/4 of the SE1/4 of
Section 25, Township 101 North, Range 49 West of the 5th PM including
any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha
County, SD;
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: 01/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
50. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
(ANNEXATION 11486-2019—Tract 3A Anderson’s Addition)
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 10-20.
Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
RESOLUTION NO. 10-20
ANNEXATION 11486-2019—Tract 3A Anderson’s Addition
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 access to the major street network along E. Donnelly Dr. to Six Mile
Rd.
4. Sewer is available for development.
5. Water service is available for development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the following described properties are and the same 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 3A of Anderson’s Addition, in the East Half of the SE1/4 of Section 18, T101N,
Range 48, 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, South Dakota, a duly certified transcript of this resolution.
Date adopted: 01/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
51. 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
Starr to adopt Resolution No. 11-20.
Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
RESOLUTION NO. 11-20
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
Allison Struck Board of Museum Trustees Reappointed for a term from
January 2020 to January 2023.
Elizabeth Squyer Board of Museum Trustees Reappointed for a term from
January 2020 to January 2023.
Matt Burns Sioux Falls Sports Authority Reappointed for a term from
January 2020 to January 2023.
Don Kearney Sioux Falls Sports Authority Reappointed for a term from
January 2020 to January 2023.
Curt Soehl Sioux Falls Sports Authority Reappointed for a term from
January 2020 to January 2023.
Mary Thompson Sioux Falls Sports Authority Reappointed for a term from
January 2020 to January 2023.
Date adopted: 01/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
There was none.
ADJOURNMENT
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adjourn at 9:03 p.m.
Voice vote to adjourn. 7 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Neitzert;
0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, January 21, 2020 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
Pastor Phill Tague, The Ransom Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, January 14, 2020
City Council Meeting of Tuesday, January 14, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated January 17, 2020.
7. Notice of change orders on the memorandum dated January 17, 2020.
8. Approval of surplus property disposition on the memorandum dated December 31,
2019.
9. Report of Requests for Quotes for Fuel dated: January 9, 2020; Unleaded Ethanol (700
Gallons) & Clear Diesel #1 (300 Gallons) & Clear Diesel #2 (300 Gallons); Vollan Oil
(Unleaded $1.9895 & Clear Diesel #1 $2.571 & Clear Diesel # 2 $2.315); Howes Oil
(Unleaded $2.0595 & Clear Diesel #1 $2.6325 & Clear Diesel # 2 $2.378); Stern Oil
(Unleaded $2.1247 & Clear Diesel #1 $2.5451 & Clear Diesel #2 $2.5451); CHS, Inc.,
Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil.
10. Report of Requests for Quotes for Fuel dated: January 10, 2020; Unleaded E10 (7,000
Gallons) & Unleaded E30 (1,000 Gallons): Harms Oil (Unleaded E10 $1.9952 &
Unleaded E30 $2.0901); Vollan Oil (Unleaded E10 $1.9195 & Unleaded E30 $1.8943);
Howes Oil (DEF $.9850): Stern Oil, Harms Oil, CHS, Inc., Olson Oil, and Farstad all no
bid. Bid awarded to Vollan Oil.
11. Report of Requests for Quotes for Fuel dated: January 13, 2020; Dyed Diesel #1 (7,500
Gallons) & Dyed Diesel #2 (7,500 Gallons); Vollan Oil (Dyed Diesel # 1 $2.1895 & Dyed
Diesel #2 $1.971); Harms Oil (Dyed Diesel # 1 $2.2045 & Dyed Diesel # 2 $1.986);
Cole Petroleum (Dyed Diesel # 1 $2.1638 & Dyed Diesel # 2 $1.9548); CHS, Inc.,
Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Cole Petroleum.
12. Sioux Area Metro Report of Requests for Quotes for Fuel dated: January 13, 2020;
50/50 Blend of #1 and #2 Clear Diesel (9,000 Gallons); Harms Oil: (#1 Clear Diesel
$2.481 & #2 Clear Diesel $2.2625); CHS, Inc. (#1 Clear diesel $2.5050 & #2 Clear
Diesel $2.2800); Parkland USA/SPF Energy Inc./Farstad Oil, Howes Oil, Petroleum
Traders, and Midwest Oil, all no bid. Bid awarded to: Harms Oil.
13. Approval of a request from Mitch and Jodie Jensen to consume, but not sell, wine, beer,
and liquor at the Old Courthouse Museum, 200 W. 6th St., on March 13, 2020, for the
following purpose: a wedding reception.
14. Pursuant to SDCL 9-20-1 and 9-20-8, on Tuesday, January 14, 2020, the Lincoln
County Auditor and the Minnehaha County Auditor furnished the Sioux Falls City Clerk
with the total number of registered Sioux Falls voters in their respective counties.
Lincoln County reported 21,049 registered voters and Minnehaha County reported
89,514 registered voters for a total of 110,563 registered voters in the City of Sioux
Falls.
15. Approval of the SIOUXPERHERO Committee's recommendation that the City Council
award the SIOUXPERHERO Citizen Recognition Award to: Gary Theis.
APPLICATIONS
16. Renewal of 2020 Retail Liquor License for Liebrary Bar 2, 5108 South Madison Road,
Suite 100.
17. Renewal of 2020 Retail Wine License for Roll N Pin, 3015 West Russell Street.
18. Renewal of 2020 Retail Wine License for Pho Thai, 230 South Phillips Avenue, Suite
104.
19. Renewal of 2020 Retail Wine License for Posh Nails, 7750 South Dakota Hawk
Avenue.
NOTICE OF HEARINGS
20. Set a date of hearing for Monday, February 3, 2020. Transfer of 2020 Retail Liquor
License, with video lottery terminals, and 2020 Package Liquor License from Badlands
Gaming LLC, Badlands Gaming, 1600 West Russell Street, to South Dakota Veterans
Alliance Inc., 1600 West Russell Street.
21. Set a date of hearing for Monday, February 3, 2020. Special One-Day Malt Beverage
and Special One-Day Wine Licenses for Boys & Girls Clubs of the Sioux Empire to be
operated at 8th & Railroad Center parking lot, 401 East 8th Street, for a winter carnival
on February 8, 2020.
22. Set a date of hearing for Monday, February 3, 2020. Special One-Day Liquor License
for T Slat, JJ’s Wine, Spirits & Cigars to be operated at Montgomery’s, 1725 W 41st
Street, for a Chamber Mixer on February 11, 2020.
23. Set a date of hearing for Tuesday, February 11, 2020. A RESOLUTION DECLARING
THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 57TH ST., AND ASSESSING
THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
24. Set a date of hearing for Tuesday, February 11, 2020. A RESOLUTION DECLARING
THE NECESSITY TO CONSTRUCT SIDEWALK ON S. SOUTHEASTERN AVE., AND
ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING
THEREBY.
25. Set a date of hearing for Tuesday, February 11, 2020. A RESOLUTION DECLARING
THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 85TH ST., AND ASSESSING
THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY.
REGULAR AGENDA
26. APPROVAL OF THE REGULAR AGENDA
27. PUBLIC INPUT
UNFINISHED BUSINESS
28. New 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use
only, for Casey’s General Store #3872, 4001 West 57th Street (CUP not required).
Pending final inspection per Health.
29. Transfer of 2020 Retail Liquor License, with video lottery terminals, from Rentschler’s
Inc., Gateway Lounge & Casino, 3408 Gateway Boulevard, to Jack’s Gateway Inc.,
Gateway Lounge & Casino, 3408 Gateway Boulevard.
30. Transfer of 2020 Package Liquor License from Davlon Inc., Shop N Cart 49er, 3501
West 49th Street, to Neon Properties LLC, Neon Casino, 4101 East 10th Street.
31. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from I-90 Fuel
Services Inc., The Gas Stop #123, 1927 West 57th Street, to Holiday Stationstores LLC,
Holiday Stationstore #497, 1927 West 57th Street.
32. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from I-90 Fuel
Services Inc., The Gas Stop #125, 5210 West 12th Street, to Holiday Stationstores LLC,
Holiday Stationstore #504, 5210 West 12th Street.
33. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #115,
6509 South Louise Avenue, to Holiday Stationstores LLC, Holiday Stationstore #489,
6509 South Louise Avenue.
34. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #116,
3000 East 26th Street, to Holiday Stationstores LLC, Holiday Stationstore #493, 3000
East 26th Street.
35. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #118,
4600 West 41st Street, to Holiday Stationstores LLC, Holiday Stationstore #495, 4600
West 41st Street.
36. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #117,
1737 South Cliff Avenue, to Holiday Stationstores LLC, Holiday Stationstore #494, 1737
South Cliff Avenue.
37. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #120,
3312 South Western Avenue, to Holiday Stationstores LLC, Holiday Stationstore #496,
3312 South Western Avenue.
38. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #124,
7125 West 26th Street, to Holiday Stationstores LLC, Holiday Stationstore #498, 7125
West 26th Street.
39. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #131,
3245 South Sycamore Avenue, to Holiday Stationstores LLC, Holiday Stationstore
#499, 3245 South Sycamore Avenue.
40. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #104,
7414 South Minnesota Avenue, to Holiday Stationstores LLC, Holiday Stationstore
#503, 7414 South Minnesota Avenue.
41. Special One-Day Liquor License for Avera McKennan Foundation to be operated at
Avera Specialty Hospital, 6100 South Louise Avenue, for the Hearts in Healing
fundraiser on February 1, 2020.
42. Special One-Day Liquor License and Special One-Day Package Off-Sale Wine license
for Avera McKennan Foundation to be operated at Prairie Center, 1000 East 23rd
Street, for the Big Grape fundraiser on April 3, 2020.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160:
ZONING, SUBCHAPTER: ON PREMISES SIGN REGULATIONS. The Planning
Commission recommends approval (4-0).
ORDINANCE FIRST READINGS
44. 1st Reading: Deferred from the Meetings of Tuesday, December 17, 2019 and
Tuesday, January 7, 2020; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD,
REZONING PROPERTY LOCATED AT NW CORNER OF E. MADISON ST. AND N.
VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN,
RD-2 TOWNHOME RESIDENTIAL—SUBURBAN; RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH
DENSITY; LW LIVE-WORK; O OFFICE; AND C-2 COMMERCIAL—NEIGHBORHOOD
AND STREETCAR DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—
SURBURBAN; RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN; RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; S-1 GENERAL INSTITUTIONAL;
CN CONSERVATION; C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR;
AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 11263-2019, 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 Monday, February 3, 2020.
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS
INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL
INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT
OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR
AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR
URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE
LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER.
Recommendation: Set a date of 2nd Reading for Monday, February 3, 2020.
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING
THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE
PAYMENT OF TAX INCREMENT REVENUES TO CR LLOYD ASSOCIATES, INC., IN
ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL
DISTRICT NO. TWENTY-TWO, CITY OF SIOUX FALLS.
Recommendation: Set a date of 2nd Reading for Monday, February 3, 2020.
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO
ELECTIONS.
Recommendation: Set a date of 2nd Reading for Monday, February 3, 2020.
HEARINGS AND RESOLUTIONS
48. A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT
UTILITY EASEMENT LOCATED IN LOT 14C IN BLOCK 1 OF GRAND ARBOR
VILLAGE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD.
49. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 119-19. (ANNEXATION 9082-
2018—Lisa Dr.)
50. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
(ANNEXATION 11486-2019—Tract 3A Anderson’s Addition)
51. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
NEW BUSINESS
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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