City Council Meeting
Regular MeetingSioux Falls, SD · April 21, 2020
Minutes
MINUTES
City Council Meeting
Tuesday, April 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 Curt Soehl, Council Member Pat Starr, Council Member
Theresa Stehly, Council Member Janet Brekke (via telecon), Council Member Christine
M. Erickson (via telecon), Council Member Rick Kiley (via telecon), Council Member
Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Pastor Kirk Flaa, Abiding Savior Free Lutheran Church (via telecon)
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to approve the Consent Agenda.
Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
City Council Meeting of Wednesday, April 15, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated April 17, 2020.
7. Notice of change orders on the memorandum dated April 17, 2020.
8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: April 03, 2020; 9,000
Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil, #2 Clear Diesel
($1.355); Harms Oil, #2 Clear Diesel ($1.355); Howes Oil ($1.505); CHS, Inc.,
Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF
Energy/Farstad Oil. (Parkland USA/Farstad Oil bid came in at 8:07a.m. and Harms Oil
came in at 8:33 a.m.).
9. Report of Requests for Quotes for Fuel dated: April 8, 2010; 900 Gallons of #2 Dyed
Diesel; Midway Service ($1.22); Howes Oil ($1.214); CHS, Inc., Stern Oil, Farstad Oil,
M.G. Oil, Cole’s Petroleum, Harms Oil and Olson Oil, all no bid. Bid awarded to: Howes
Oil.
10. Report of Requests for Quotes for Fuel dated: April 13, 2020; Unleaded (3,000 Gallons)
Dyed Diesel #2 (5,000 Gallons); Cole Petroleum (Unleaded $.6393 and Dyed Diesel #2
$1.0847); Harms Oil (Unleaded $.6676 and Dyed Diesel #2 $1.1075); Parkland Oil
(Unleaded $.651 and Dyed Diesel #2 $1.102);, CSH, Olson Oil and Howes Oil, all no
bid. Bid awarded to: Coles Petroleum.
APPLICATIONS
11. Amend a Special One-Day Malt Beverage License, originally approved on March 3,
2020, for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive,
for a Cinco de Mayo fiesta on May 9, 2020, by changing the date of the event to May 8,
2021.
12. Amend a Special One-Day Liquor License, originally approved on September 17, 2019,
for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315
North Phillips Avenue, for special event on May 23, 2020, by changing the date of the
event to May 22, 2021.
13. Withdraw Special One-Day Liquor Licenses for Washington Pavilion Management Inc.,
301 South Main Avenue, for special events on March19, 21, 31, April 1, 25, and May
30, 2020.
The City Council concurs with the Lincoln County Commission's recommendation for
approval of the following abatements:
14. Avera McKennan Behavioral Health, 4400 W. 69th Street, Parcel #281.19.00.001, for
2019 property taxes in the amount of $58.23. Reason: The property is exempt from the
tax.
15. Interstate Crossing Development Corp., 8965 Ellis Road, Parcel #280.55.00.100, for
2019 property taxes in the amount of $194.50. Reason: The property is exempt from
the tax.
NOTICE OF HEARINGS
16. Set a date of hearing for Wednesday, May 6, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue,
with conditional use permit (11735-2020) being approved on April 1, 2020.
17. Set a date of hearing for Wednesday, May 6, 2020. Request to include video lottery
terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden
Coin Casino, 405 North Kiwanis Avenue, with Conditional Use Permit (11735-2020)
being approved on April 1, 2020.
18. Set a date of hearing for Wednesday, May 6, 2020. Transfer of 2020 Retail Liquor
License from Pancakes and More Inc, Original Pancake House, 2713 West 41st Street,
to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required).
19. Set a date of hearing for Wednesday, May 6, 2020. Special One-Day Malt Beverage
and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at
Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including
Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the
grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north
to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020.
20. Set a date of hearing for Wednesday, May 6, 2020. Special One-Day Malt Beverage
and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th &
Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3,
August 7, and September 4, 2020.
REGULAR AGENDA
21. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
22. PUBLIC INPUT
David Zokaites spoke about barriers to civil rights lawsuits.
UNFINISHED BUSINESS
23. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for McNally’s Irish Pub, 6211 Old Village Place.
24. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Eastway Sports Lounge
& Grill, 3201 East 10th Street.
25. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Thirsty Duck, 945
South Marion Road, Suite 101.
26. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for Expedition League Inc., 1401 West 33rd Street.
27. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Pending permit
issuance and final inspections per Building Services.
28. Request to include video lottery terminals with the New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota
Avenue. Pending permit issuance and final inspections per Building Services.
29. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Pending permit
issuance and final inspections per Building Services.
30. Request to include video lottery terminals with the New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street.
Pending permit issuance and final inspections per Building Services.
31. Transfer of 2020 Package Liquor License from 69th Street Looks Market LLC, 500 East
69th Street, to 69th Street Looks Market LLC, 6213 Old Village Place.
32. Transfer of 2020 Retail Liquor License and 2019-20 Retail Malt Beverage/SD Farm
Wine License from Granite City Restaurant Operations Inc, 2620 South Louise Avenue,
to Granite City Inc., Granite City Food & Brewery, 2620 South Louise Avenue (CUP not
required).
33. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls
Sister Cities to be operated at Avera IT parking lot, 230 South Phillips Avenue, 200 S
2nd Avenue (South Second Avenue between East 10th Street and South Third
Avenue), for Germanfest on September 12, 2020.
34. New 20190-20 Retail Malt Beverage/SD Farm Wine License for Mackenzie River Pizza,
234 South Main Avenue.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to approve Items 23 through 34.
Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING
A “STAY AT HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT
OF THE COVID-19 PANDEMIC. (This item is expected to be withdrawn from
consideration)
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to withdraw Item 35.
Roll call vote to withdraw. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, EXTENDING
THE EFFECTIVE DATE OF ORDINANCE NO. 29-20 ADOPTING THE SIOUX FALLS
BOARD OF HEALTH SECOND AMENDED AND RESTATED REGULATIONS
PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19).
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Ordinance No. 42-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY
COUNCIL; SUBCHAPTER PRESIDING OFFICER; DUTIES.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to adopt 43-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE
POSTPONED JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT
ELECTION DATE FOR TUESDAY, JUNE 2, 2020, AND AUTHORIZING A JOINT
ELECTION WITH MINNEHAHA AND LINCOLN COUNTIES.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Ordinance No. 44-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5605 S. WESTWIND AVE. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT(S) TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11816-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Recommendation: Set a date of 2nd Reading for Wednesday, May 6, 2020.
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to set a date of 2nd Reading for Wednesday, May 6, 2020 for Item 39.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 411 W. 12TH ST. FROM THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 11784-2020, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (4-0).
Recommendation: Set a date of 2nd Reading for Wednesday, May 6, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to set a date of 2nd Reading for Wednesday, May 6, 2020 for Item 40.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke,
Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
41. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR
TUESDAY, JUNE 2, 2020, TO WEDNESDAY, JUNE 3, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 49-20.
Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0
No: (None). Motion Passed. Erickson was not present for the vote on this motion.
RESOLUTION NO. 49-20
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR
TUESDAY, JUNE 2, 2020, TO WEDNESDAY, JUNE 3, 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, June 2, 2020, will be rescheduled to 7 p.m. on Wednesday, June 3, 2020.
This resolution is necessary as June 2, 2020, is the date set for the rescheduled
City/School Board Election.
The corresponding Informational and Committee Meetings will be rescheduled as noted
above.
Date adopted: 04/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
42. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND
AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY EMERGENCY
MANAGEMENT.
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to adopt Resolution No. 50-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 50-20
A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND
AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY EMERGENCY
MANAGEMENT.
WHEREAS, the City owns a 2005 Eagle Air Compressor for SCBA filling with the serial
number AS10F312EC2R;
WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer
any real or personal property which is held or owned by it, the title to which has been
obtained and which is not held for public use or which is about to be abandoned for
public purposes, to another political subdivision or nonprofit corporation for public,
charitable, or humanitarian purposes and accommodation without offering the property
for sale and without requiring the political subdivision or nonprofit corporation to pay for
the property;
WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision
may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment,
or other property which the governing board has, by appropriate motion, determined is
no longer necessary, useful, or suitable for the purpose for which it was acquired;
WHEREAS, the above-described personal property is no longer necessary, useful, or
suitable for the purpose for which it was acquired by the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the 2005 Eagle
Air Compressor for SCBA filling with the serial number AS10F312EC2R to be surplus
property that is no longer necessary, useful, or suitable for the purpose for which it was
acquired; and
The gifting by the City of Sioux Falls of the 2005 Eagle Air Compressor for SCBA filling
with the serial number AS10F312EC2R to Minnehaha County Emergency Management
is hereby approved.
Date adopted: 04/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
43. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 51-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 51-20
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
Kristi Metzger Arena/Convention/Entertainment Reappointed for a term from
Center Board April 2020 to April 2025.
Suzanne Smith Housing & Redevelopment Reappointed for a term from
Commission April 2020 to April 2025.
Janet Kittams Planning Commission Appointed for a term from
April 2020 to April 2025
(to replace Sharon Chontos).
Bradyn Neises Planning Commission Appointed for a term from
April 2020 to May 2021
(to fill the unexpired term of
Andi Anderson).
Date adopted: 04/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED
APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR
ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION
5.07(d)
44. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
April 17, 2020.
NEW BUSINESS
There was none.
ITEMS ADDED AFTER AGENDA DEADLINE
45. A RESOLUTION URGING THE SIOUX FALLS COMMUNITY TO FOLLOW SAFER AT
HOME PRACTICES IN THEIR HOMES, BUSINESSES, AND DAILY LIFE.
A motion was made by Council Member Neitzert and seconded by Council Member
Stehly to adopt Resolution No. 52-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 52-50
A RESOLUTION URGING THE SIOUX FALLS COMMUNITY TO FOLLOW SAFER AT
HOME PRACTICES IN THEIR HOMES, BUSINESSES, AND DAILY LIFE.
WHEREAS, the City Council deeply appreciates our citizens as essential; and
WHEREAS, the City Council deeply appreciates the efforts that our citizens have put
forth to mitigate the spread of COVID-19; and
WHEREAS, the City Council deeply appreciates the sacrifice that our employees are
making to keep our citizens serviced and safe; and
WHEREAS, the City Council deeply appreciates the Sioux Falls business community
and the existing efforts taken to mitigate the spread of COVID-19; and
WHEREAS, the City Council recognizes the constitutional rights of every citizen; and
WHEREAS, the City Council wants to keep all patrons and employees safe; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a
pandemic; and
WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring
an emergency to address the novel Coronavirus COVID-19; and
WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of
South Dakota in response to the COVID-19 pandemic; and
WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting
forth guidelines and recommendations regarding personal, business, and health care
precautions to be taken in response to the COVID-19 pandemic; and
WHEREAS, on March 24, 2020, the Governor announced that she is recommending
that all
K-12 schools in South Dakota remain closed until May 1, 2020; and
WHEREAS, on March 24, 2020, the Sioux Falls School District has closed all K-12
schools through May 1, 2020; and
WHEREAS, as of 12 noon on April 16, 2020, there are 1,065 confirmed cases of
COVID-19 within Minnehaha County; and
WHEREAS, as of 12 noon on April 16, 2020, there are 71 confirmed cases of COVID-
19 within Lincoln County; and
WHEREAS, as of 12 noon on April 16, 2020, there are 1,311 confirmed cases of
COVID-19 within the state of South Dakota; and
WHEREAS, as of 12 noon on April 17, 2020, there is substantial community spread of
COVID-19 in Lincoln and Minnehaha Counties; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend
certain actions for the preparation and mitigation of community transmission of COVID-
19, including, but not limited to, social distancing measures and restricting the size of
gatherings; and
WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be
necessary or expedient for the promotion of health or the suppression of disease;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1: Residents of Sioux Falls are strongly encouraged to:
a) Remain in their homes except for occupational requirements and
other solitary and/or household outdoor activities for the promotion of
physical and emotional well-being, and activities related to the
provision of essential commodities and services.
b) Limit visits to grocery and retail stores to once per week or use
delivery services.
c) Residents who participate in organized religious activities are
encouraged to do so via remote options as available.
d) Choose a designated shopper, when it is necessary to visit
grocery and/or retail stores, to do the shopping for the entire
household in order to reduce the number of people in the
store(s) and remain at least six feet away from others in the
store.
e) Whenever possible, residents should avoid taking any children still
living at home with them on any essential shopping trips.
f) Get drive-through, takeout, and delivery from local restaurants in
lieu of dining out at restaurants.
g) Support local businesses that promote social distancing and
demonstrate compliance with CDC guidelines.
Section 2: Healthcare. Residents of Sioux Falls should:
a) Call ahead to health care providers if feeling sick.
b) Attend necessary medical appointments and follow the guidance of
their medical providers.
c) Use drive-through or delivery services, whenever possible, when
needing medication or other necessary items from a pharmacy.
Section 3: Safe Practices. Residents of Sioux Falls should continue to practice
good respiratory hygiene, cover coughs and sneezes with a tissue or use the
inside of their elbow, wash hands often, disinfect surfaces frequently, avoid
touching their face, and adhere to social distancing guidelines. Additionally,
consistent with current CDC guidance, residents over the age of two who do
not have trouble breathing should consider wearing cloth face masks when
they are in public areas outside of their homes, such as, by way of example
and not limitation, the grocery store or medical clinic. Such masks should not
be used as a substitute for social distancing, which is vital for slowing down
the spread of COVID-19.
Section 4: Mental and Emotional Health. Residents of Sioux Falls are
encouraged to:
a) Be mindful of their mental health.
b) Engage in outdoor activity including but not limited to: walking, hiking,
running, or biking, provided that individuals comply with social
distancing and all other measures as advised by the CDC.
c) Be good neighbors to those around them and help others if able,
keeping in mind that it remains critical to use safe practices as
recommended by the CDC.
d) Support local businesses to the greatest extent possible while
abiding by CDC guidelines and this resolution.
Section 5: Businesses. Businesses not bound by the limitation of ten or fewer
patrons as originally set forth in Ordinance No. 29-20, as amended, are
encouraged, whenever possible, to limit their patron and employee
occupancy to no more than 20 percent of their posted occupancy and institute
a safe social distancing strategy for employees and customers outside of their
place of business waiting to enter.
Date adopted: 04/21/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
ADJOURNMENT
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adjourn at 9:26 p.m.
Voice vote to adjourn. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA (Revised 4/20/20)
City Council Meeting
Tuesday, April 21, 2020 at 7:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
This meeting can be viewed live on CityLink or online
at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings
CALL TO ORDER
1. MEETING ROLL CALL
Council Member Curt Soehl
Council Member Pat Starr
Council Member Theresa Stehly
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Mayor Paul Ten Haken
2. INVOCATION
Pastor Kirk Flaa, Abiding Savior Free Lutheran Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
City Council Meeting of Wednesday, April 15, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated April 17, 2020.
7. Notice of change orders on the memorandum dated April 17, 2020.
8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: April 03, 2020; 9,000
Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil, #2 Clear Diesel
($1.355); Harms Oil, #2 Clear Diesel ($1.355); Howes Oil ($1.505); CHS, Inc.,
Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF
Energy/Farstad Oil. (Parkland USA/Farstad Oil bid came in at 8:07a.m. and Harms Oil
came in at 8:33 a.m.).
9. Report of Requests for Quotes for Fuel dated: April 8, 2010; 900 Gallons of #2 Dyed
Diesel; Midway Service ($1.22); Howes Oil ($1.214); CHS, Inc., Stern Oil, Farstad Oil,
M.G. Oil, Cole’s Petroleum, Harms Oil and Olson Oil, all no bid. Bid awarded to: Howes
Oil.
10. Report of Requests for Quotes for Fuel dated: April 13, 2020; Unleaded (3,000 Gallons)
Dyed Diesel #2 (5,000 Gallons); Cole Petroleum (Unleaded $.6393 and Dyed Diesel #2
$1.0847); Harms Oil (Unleaded $.6676 and Dyed Diesel #2 $1.1075); Parkland Oil
(Unleaded $.651 and Dyed Diesel #2 $1.102);, CSH, Olson Oil and Howes Oil, all no
bid. Bid awarded to: Coles Petroleum.
APPLICATIONS
11. Amend a Special One-Day Malt Beverage License, originally approved on March 3,
2020, for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive,
for a Cinco de Mayo fiesta on May 9, 2020, by changing the date of the event to May 8,
2021.
12. Amend a Special One-Day Liquor License, originally approved on September 17, 2019,
for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315
North Phillips Avenue, for special event on May 23, 2020, by changing the date of the
event to May 22, 2021.
13. Withdraw Special One-Day Liquor Licenses for Washington Pavilion Management Inc.,
301 South Main Avenue, for special events on March19, 21, 31, April 1, 25, and May
30, 2020.
The City Council concurs with the Lincoln County Commission's recommendation for
approval of the following abatements:
14. Avera McKennan Behavioral Health, 4400 W. 69th Street, Parcel #281.19.00.001, for
2019 property taxes in the amount of $58.23. Reason: The property is exempt from the
tax.
15. Interstate Crossing Development Corp., 8965 Ellis Road, Parcel #280.55.00.100, for
2019 property taxes in the amount of $194.50. Reason: The property is exempt from
the tax.
NOTICE OF HEARINGS
16. Set a date of hearing for Wednesday, May 6, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue,
with conditional use permit (11735-2020) being approved on April 1, 2020.
17. Set a date of hearing for Wednesday, May 6, 2020. Request to include video lottery
terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden
Coin Casino, 405 North Kiwanis Avenue, with Conditional Use Permit (11735-2020)
being approved on April 1, 2020.
18. Set a date of hearing for Wednesday, May 6, 2020. Transfer of 2020 Retail Liquor
License from Pancakes and More Inc, Original Pancake House, 2713 West 41st Street,
to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required).
19. Set a date of hearing for Wednesday, May 6, 2020. Special One-Day Malt Beverage
and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at
Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including
Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the
grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north
to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020.
20. Set a date of hearing for Wednesday, May 6, 2020. Special One-Day Malt Beverage
and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th &
Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3,
August 7, and September 4, 2020.
REGULAR AGENDA
21. APPROVAL OF THE REGULAR AGENDA
22. PUBLIC INPUT
UNFINISHED BUSINESS
23. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for McNally’s Irish Pub, 6211 Old Village Place.
24. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Eastway Sports Lounge
& Grill, 3201 East 10th Street.
25. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Thirsty Duck, 945
South Marion Road, Suite 101.
26. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for Expedition League Inc., 1401 West 33rd Street.
27. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Pending permit
issuance and final inspections per Building Services.
28. Request to include video lottery terminals with the New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota
Avenue. Pending permit issuance and final inspections per Building Services.
29. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm
Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Pending permit
issuance and final inspections per Building Services.
30. Request to include video lottery terminals with the New 2019-20 Retail Malt
Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street.
Pending permit issuance and final inspections per Building Services.
31. Transfer of 2020 Package Liquor License from 69th Street Looks Market LLC, 500 East
69th Street, to 69th Street Looks Market LLC, 6213 Old Village Place.
32. Transfer of 2020 Retail Liquor License and 2019-20 Retail Malt Beverage/SD Farm
Wine License from Granite City Restaurant Operations Inc, 2620 South Louise Avenue,
to Granite City Inc., Granite City Food & Brewery, 2620 South Louise Avenue (CUP not
required).
33. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls
Sister Cities to be operated at Avera IT parking lot, 230 South Phillips Avenue, 200 S
2nd Avenue (South Second Avenue between East 10th Street and South Third
Avenue), for Germanfest on September 12, 2020.
34. New 20190-20 Retail Malt Beverage/SD Farm Wine License for Mackenzie River Pizza,
234 South Main Avenue.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING
A “STAY AT HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT
OF THE COVID-19 PANDEMIC. (This item is expected to be withdrawn from
consideration)
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, EXTENDING
THE EFFECTIVE DATE OF ORDINANCE NO. 29-20 ADOPTING THE SIOUX FALLS
BOARD OF HEALTH SECOND AMENDED AND RESTATED REGULATIONS
PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19).
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY
COUNCIL; SUBCHAPTER PRESIDING OFFICER; DUTIES.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE
POSTPONED JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT
ELECTION DATE FOR TUESDAY, JUNE 2, 2020, AND AUTHORIZING A JOINT
ELECTION WITH MINNEHAHA AND LINCOLN COUNTIES.
ORDINANCE FIRST READINGS
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5605 S. WESTWIND AVE. FROM THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN DISTRICT(S) TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11816-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Recommendation: Set a date of 2nd Reading for Wednesday, May 6, 2020.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 411 W. 12TH ST. FROM THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 11784-2020, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (4-0).
Recommendation: Set a date of 2nd Reading for Wednesday, May 6, 2020.
HEARINGS AND RESOLUTIONS
41. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR
TUESDAY, JUNE 2, 2020, TO WEDNESDAY, JUNE 3, 2020.
42. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND
AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY EMERGENCY
MANAGEMENT.
43. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED
APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR
ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION
5.07(d)
44. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
April 17, 2020.
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
45. A RESOLUTION URGING THE SIOUX FALLS COMMUNITY TO FOLLOW SAFER AT
HOME PRACTICES IN THEIR HOMES, BUSINESSES, AND DAILY LIFE.
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.
FOR REGULAR MEETINGS, 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.
PER COUNCIL POLICY, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED
FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING.
EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES.
MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.
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