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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 19, 2020

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, May 19, 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 Janet Brekke (Via telecom), Council Member Christine M. Erickson, Council Member Rick Kiley (Via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Randall Gehring, Our Saviors Lutheran Church The invocation was provided via telecom. 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place Sub-Items 31 and 32 from Agenda Item 6 on the Regular Agenda for Council Discussion (31, Fire/Rescue; Supplemental Agreement allowing Fire/Rescue to provide back-up ambulance service within the jurisdiction of the Surface Ambulance Franchise Agreement; Paramedics Logistics South Dakota, LLC dba Patient Care EMS; $0.00); (32; Fire/Rescue; Lease Agreement for two ambulances equipped with equipment for use by Fire/Rescue to provide for surge capacity ambulance service on a limited capacity for a term of 90 days; Paramedics Logistics South Dakota, LLC dba Patient Care EMS; $1.00 per month per vehicle). See Agenda Item 6 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. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 12, 2020  City Council Meeting of Tuesday, May 12, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 15, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve Sub-Items 31 and 32 to Agenda Item 6. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 7. Approval of surplus property disposition on the memorandum dated April 30, 2020. 8. Report of Requests for Quotes for Fuel dated: May 12, 2020; Dyed Diesel #2 (1,500 Gallons and Unleaded 6,500 Gallons); Harms Oil (Dyed Diesel #2 $.9393 and Unleaded $1.1824); Parkland Oil (Dyed Diesel #2 $.941 and Unleaded $1.1895); Coles Petroleum (Dyed Diesel #2 $.9227 and Unleaded $1.1613); Vollan Oil (Dyed Diesel #2 $.9375 and Unleaded $1.1943); Olson Oil, CHS Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 9. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. NOTICE OF HEARINGS 10. Set a date of hearing for Wednesday, June 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine & Cider License for the Breaks Coffee Roasting Co., 311 East 12th Street (CUP not required). 11. Set a date of hearing for Wednesday, June 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Black Diamond Casino III, 5113 West 41st Street, Suite 103, with Conditional Use Permit (11665-2020) being approved on March 4, 2020. 12. Set a date of hearing for Wednesday, June 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Black Diamond Casino III, 5113 West 41st Street, Suite 103, with Conditional Use Permit (11665-2020) being approved on March 4, 2020. 13. Set a date of hearing for Wednesday, June 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Great Shots, 2505 West Benson Road (CUP not required). 14. Set a date of hearing for Wednesday, June 3, 2020. Transfer of 2020 Package Liquor License from Arsiya Inc., 5021 North Annika Drive, to Mifive Inc., 5021 North Annika Avenue (CUP not required). 15. Set a date of hearing for Wednesday, June 3, 2020. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from Arsiya Inc., 5021 North Annika Drive, Suite 101, to Mifive Inc., 5021 North Annika Avenue, Suite 101 (CUP not required). REGULAR AGENDA 16. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 17. PUBLIC INPUT David Zokaites spoke about imaginative multiple jeopardy. Mark Weber spoke about municipal sales tax. Steve Johnson spoke about his concerns regarding the closure of City pools. Sierra Broussard spoke about the Board of Ethics process and police calls for service. Sub-Items 31 and 32 to Agenda Item 6 were heard at this time. See item for action taken. UNFINISHED BUSINESS 18. New 2020 Retail Wine & Cider License for Hilton Garden Inn Downtown, 201 East 8th Street (CUP not required). 19. New 2020-21 Retail Malt Beverage/SD Farm Wine License for The Diamond Room, 3501 West 57th Street (CUP not required). 20. New 2020 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sioux Falls State Theatre, 316 South Phillips Avenue (CUP not required). 21. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Renewal of 2020-21 Retail Malt Beverage/SD Farm Wine License from 777 Casino LLC, 5237 West 26th Street, to MG Oil Company, 777 Casino, 5237 West 26th Street, Conditional Use Permit (9993-2019) being approved on April 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Items 18 through 21. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RA 2 APARTMENT—MODERATE DENSITY, AND LW LIVE-WORK DISTRICT(S), NO. 11986-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of 2nd Reading for Wednesday, June 3, 2020 for Item 22. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1212 S. MAIN AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 11978-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, June 3, 2020 for Item 23. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1404 S. FOSS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 11974 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Development of this parcel is regulated to the AD1, AD2 or AD3 Forms only. Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, June 3, 2020 for Item 24. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2201 W. BITTERROOT ST. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND O OFFICE DISTRICT(S), NO. 11948- 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, June 3, 2020 for Item 25. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 26. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN FEDERAL AID BRIDGE IMPROVEMENT GRANT APPLICATION RESOLUTION FOR THE RECONSTRUCTION OF THE W. 49TH ST. BRIDGE OVER THE BIG SIOUX RIVER. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 59-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 59-20 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN FEDERAL AID BRIDGE IMPROVEMENT GRANT APPLICATION RESOLUTION FOR THE RECONSTRUCTION OF THE W. 49TH ST. BRIDGE OVER THE BIG SIOUX RIVER. WHEREAS, the City of Sioux Falls desires the reconstruction of the bridge hereinafter described: Structure No. 50-186-235 located on W. 49th St. over the Big Sioux River NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and made a part of this Resolution entitled “Federal Aid Bridge Replacement or Rehabilitation Program Resolution for County and Urban Projects” is hereby approved and the Mayor is authorized to sign such Resolution. Date adopted: 05/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 27. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A REAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND DABBERT PROPERTIES, LLC. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 60-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 60-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A REAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND DABBERT PROPERTIES, LLC. WHEREAS, Dabbert Properties, LLC owns certain real property located at 4000 W. 57th St., Sioux Falls, SD 57106, legally described as: A tract of land located in Tract K in Lot 1 in Block 6 of the Valhalla Addition to the city of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; and WHEREAS, Dabbert Properties, LLC desires to lease and grant to the City an irrevocable and exclusive option to purchase the above-described property; and WHEREAS, the City desires to lease and acquire an irrevocable and exclusive option to purchase the above-described property from Dabbert Properties, LLC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That it approves the document titled “Lease.” That said agreement is hereby made a part of this resolution and is on file with the City Clerk. Section 3. That the Mayor is authorized to sign the attached “Lease” on behalf of the City. Section 4. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 05/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 28. 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. 61-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 61-20 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 Rich Garry Washington Pavilion Board of Reappointed for a term from Trustees May 2020 to May 2023. Dave Knudson Washington Pavilion Board of Reappointed for a term from Trustees May 2020 to May 2023. Eric Weisser Washington Pavilion Board of Appointed for a term from Trustees May 2020 to May 2023 (to replace Brad Heegel). Date adopted: 05/19/20. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 29. A RESOLUTION REAPPOINTING AN AUDIT COMMITTEE MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to adopt 62-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 62-20 A RESOLUTION REAPPOINTING AN AUDIT COMMITTEE MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following member to serve on the Audit Committee pursuant to Sections 32.017 and 32.018 of the Code of Ordinances of Sioux Falls, SD: Name Committee Term Dean Buckneberg Audit Committee Appointed for a term from June 2020 to May 2023. Date adopted: 05/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 30. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 63-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 63-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. WHEREAS, in December 2019, the novel coronavirus (COVID-19) was first identified and since that time has spread throughout the world, including to every state in the United States; and WHEREAS, the first cases of COVID-19 appeared in the United States in January 2020; and WHEREAS, the risk of community spread of COVID-19 has grown exponentially since then; 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, beginning on March 12, 2020, the Sioux Falls Board of Health issued a series of regulations, and the Sioux Falls City Council issued a series of corresponding ordinances, implementing measures to mitigate the impact of the COVID-19 pandemic in the city; 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 April 6, 2020, the Governor issued Executive Order 2020-12 setting forth requirements regarding personal, business, and health care precautions to be taken in response to the COVID-19 pandemic, and Executive Order 2020-13 requiring “Vulnerable Individuals” in Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure jobs and/or conducting essential errands; and WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South Dakota, with the consent and authorization of the Governor, declared a public health emergency to exist within Minnehaha County, SD; and WHEREAS, on April 24, 2020, the Governor issued Executive Order 2020-18, extending Executive Order 2020-13 (i.e. the order regarding “Vulnerable Individuals” in Minnehaha and Lincoln Counties) until May 11, 2020; and WHEREAS, on April 28, 2020, the Governor issued Executive Order 2020-20, rescinding Executive Order 2020-12 (i.e. the requirements regarding personal, business, and health care precautions) and setting forth a “Back to Normal Plan” addressing expectations for individuals, businesses, schools, health care providers, and local governments to return to normal business and social interactions while accounting for the inherent uncertainties of the COVID-19 pandemic; and WHEREAS, on May 1, 2020, the Sioux Falls Board of Health issued Regulations easing restrictions previously placed on certain businesses in the City for the purpose of mitigating the impact of COVID-19; and WHEREAS, on May 7, 2020, the Sioux Falls City Council issued a corresponding ordinance easing restrictions previously placed on certain businesses in the City for the purpose of mitigating the impact of COVID-19; and WHEREAS, on May 11, 2020, the restrictions put in place by the Governor’s Executive Orders 2020-13 (extended by Executive Order 2020-18) relating to “Vulnerable Individuals” in Minnehaha and Lincoln Counties were allowed to expire; and WHEREAS, COVID-19 is continuing to spread across the community with national, state, and local health authorities confirming that person-to-person contact is creating a public health danger; and WHEREAS, the risk of community spread of COVID-19 through person-to-person contact is magnified when people congregate together; and WHEREAS, as of May 14, 2020, there have been 3,050 confirmed cases of COVID-19 within Minnehaha County, 1,110 of which are active (i.e., the individual is not yet considered to have recovered); and WHEREAS, as of May 14, 2020, there have been 195 confirmed case of COVID-19 within Lincoln County, 49 of which are active; and WHEREAS, as of May 14, 2020, there have been 3,792 confirmed cases of COVID-19 within the state of South Dakota, 1,312 of which are active; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the mitigation of community transmission of COVID-19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, Sioux Area Metro (SAM) provides all public transit services for the City of Sioux Falls; and WHEREAS, COVID-19 has led to a significant reduction in SAM fixed-route and paratransit ridership since the onset of the COVID-19 pandemic in South Dakota; and WHEREAS, in light of the current COVID-19 pandemic and the Governor’s executive orders relating to such pandemic, Amalgamated Transit Union Local Number 1356 has requested and agreed to a reduction of the fixed-route service provided by SAM; and WHEREAS, a public meeting of the Public Transit Advisory Board was held on April 15, 2020, during which public input was received and considered, and the Board recommended to temporarily suspend and reduce transit services to help reduce the spread of COVID-19; and WHEREAS, on April 15, 2020, the Sioux Falls Board of Health issued an order to suspend and reduce certain fixed-route transit services to help reduce the spread of COVID-19; and WHEREAS, on April 15, 2020, the Sioux Falls City Council adopted a Resolution implementing the recommended partial suspension and reduction of services recommended by the Public Transit Advisory Board; and WHEREAS, in light of the Governor’s issuance of a “Back to Normal Plan” and easing of business restrictions within the City of Sioux Falls, as well as the additional safety measures SAM has been able to implement to protect against the spread of the virus causing COVID-19, SAM and the City of Sioux Falls desire to restore a portion of the previously suspended transit services; WHEREAS, on May 18, 2020, the Public Transit Advisory Board convened and recommended partial restoration of transit services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That effective immediately upon passage and publication of this resolution, and continuing until 11:59 p.m. on June 27, 2020, the following changes shall be in effect for Sioux Area Metro transit services, in order to help reduce the spread of COVID-19:  All fixed routes will run hourly each weekday.  Fixed routes will begin service at 5:45 a.m. each weekday.  The last route departure time shall be at 6:45 p.m. (no evening service).  Saturday service will operate pursuant to the normal schedule for both fixed routes and paratransit.  A new time schedule shall be made available at www.siouxfalls.org/sam.  Paratransit shall maintain current service area boundaries but run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service). Section 2. Restoration of Services. The Mayor is hereby authorized to restore some or all of the reduced or suspended transit services prior to June 27, 2020, if he deems such restoration to be appropriate. Section 3. Immediate Effect: This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: 05/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 31. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ENCOURAGING SIOUX FALLS LANDLORDS TO SHOW FLEXIBILITY DURING THE COVID-19 PANDEMIC. A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Item 31. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend Item 31 by adding the following statement to the end of the resolution: "That the city encourages all tenants to make every effort to: Communicate with their landlords to develop a payment plan; Provide verification that the hardship is directly related to COVID-19; Utilize the resources available through the One Sioux Falls Fund". Roll call vote to amend. 5 Yes: Brekke, Selberg, Soehl, Starr, Stehly; 3 No: Erickson, Kiley, Neitzert. Motion Passed. Roll call vote to adopt, as amended. 3 Yes: Brekke, Starr, Stehly; 5 No: Erickson, Kiley, Neitzert, Selberg, Soehl. Motion Failed. NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 32. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 47-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH BUSINESS REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19) DATED MAY 1, 2020. Mayor Paul TenHaken relinquished the Chair to Council Chair Marshall Selberg. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, May 26, 2020 at 3 p.m. for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. ADJOURNMENT A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adjourn at 10:07 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA (Revised 05/18/20) City Council Meeting Tuesday, May 19, 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 Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Mayor Paul TenHaken 2. INVOCATION  Pastor Randall Gehring, Our Saviors Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 12, 2020  City Council Meeting of Tuesday, May 12, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 15, 2020. 7. Approval of surplus property disposition on the memorandum dated April 30, 2020. 8. Report of Requests for Quotes for Fuel dated: May 12, 2020; Dyed Diesel #2 (1,500 Gallons and Unleaded 6,500 Gallons); Harms Oil (Dyed Diesel #2 $.9393 and Unleaded $1.1824); Parkland Oil (Dyed Diesel #2 $.941 and Unleaded $1.1895); Coles Petroleum (Dyed Diesel #2 $.9227 and Unleaded $1.1613); Vollan Oil (Dyed Diesel #2 $.9375 and Unleaded $1.1943); Olson Oil, CHS Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 9. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. NOTICE OF HEARINGS 10. Set a date of hearing for Wednesday, June 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine & Cider License for the Breaks Coffee Roasting Co., 311 East 12th Street (CUP not required). 11. Set a date of hearing for Wednesday, June 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Black Diamond Casino III, 5113 West 41st Street, Suite 103, with Conditional Use Permit (11665-2020) being approved on March 4, 2020. 12. Set a date of hearing for Wednesday, June 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Black Diamond Casino III, 5113 West 41st Street, Suite 103, with Conditional Use Permit (11665-2020) being approved on March 4, 2020. 13. Set a date of hearing for Wednesday, June 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Great Shots, 2505 West Benson Road (CUP not required). 14. Set a date of hearing for Wednesday, June 3, 2020. Transfer of 2020 Package Liquor License from Arsiya Inc., 5021 North Annika Drive, to Mifive Inc., 5021 North Annika Avenue (CUP not required). 15. Set a date of hearing for Wednesday, June 3, 2020. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from Arsiya Inc., 5021 North Annika Drive, Suite 101, to Mifive Inc., 5021 North Annika Avenue, Suite 101 (CUP not required). REGULAR AGENDA 16. APPROVAL OF THE REGULAR AGENDA 17. PUBLIC INPUT UNFINISHED BUSINESS 18. New 2020 Retail Wine & Cider License for Hilton Garden Inn Downtown, 201 East 8th Street (CUP not required). 19. New 2020-21 Retail Malt Beverage/SD Farm Wine License for The Diamond Room, 3501 West 57th Street (CUP not required). 20. New 2020 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sioux Falls State Theatre, 316 South Phillips Avenue (CUP not required). 21. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Renewal of 2020-21 Retail Malt Beverage/SD Farm Wine License from 777 Casino LLC, 5237 West 26th Street, to MG Oil Company, 777 Casino, 5237 West 26th Street, Conditional Use Permit (9993-2019) being approved on April 3, 2019. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RA 2 APARTMENT—MODERATE DENSITY, AND LW LIVE-WORK DISTRICT(S), NO. 11986-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. 23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1212 S. MAIN AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 11978-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1404 S. FOSS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 11974 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Development of this parcel is regulated to the AD1, AD2 or AD3 Forms only. Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2201 W. BITTERROOT ST. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND O OFFICE DISTRICT(S), NO. 11948- 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, June 3, 2020. HEARINGS AND RESOLUTIONS 26. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN FEDERAL AID BRIDGE IMPROVEMENT GRANT APPLICATION RESOLUTION FOR THE RECONSTRUCTION OF THE W. 49TH ST. BRIDGE OVER THE BIG SIOUX RIVER. 27. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A REAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND DABBERT PROPERTIES, LLC. 28. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. 29. A RESOLUTION REAPPOINTING AN AUDIT COMMITTEE MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE. 30. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. 31. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ENCOURAGING SIOUX FALLS LANDLORDS TO SHOW FLEXIBILITY DURING THE COVID-19 PANDEMIC. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 47-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH BUSINESS REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID- 19) DATED MAY 1, 2020. Recommendation: Set a date of 2nd Reading for Tuesday, May 26, 2020 at 3 p.m. 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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