City Council Meeting
Regular MeetingSioux Falls, SD · June 16, 2020
Minutes
MINUTES
City Council Meeting
Tuesday, June 16, 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 Greg Neitzert, Council Member Marshall Selberg, Council
Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly,
Council Member Janet Brekke (Via telecom), Council Member Christine M. Erickson,
Council Member Rick Kiley, Mayor Paul TenHaken
Absent: None
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
SIOUXPERHERO Citizen Recognition Program
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Pat Starr to place Sub-Item 13 from Agenda
Item 7 on the Regular Agenda for Council Discussion (13; Attorney; Engagement
Agreement; Lynn, Jackson, Schultz & Lebrun, PC; Not to Exceed $7,500). See Agenda
Item 7 for action taken.
Council Members Janet Brekke and Rick Kiley asked that minutes of the Council
Meeting Meeting of Tuesday, June 9, 2020, be corrected to reflect a "yes" vote for her
and Council Member Kiley to Item 41, "A MOTION DECLARING THE RESULTS OF
THE JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL BOARD ELECTION
HELD JOINTLY WITH LINCOLN AND MINNEHAHA COUNTIES ON JUNE 2, 2020."
Both Brekke and Kiley indicated they voted "yes" by telephone, but their votes were not
reflected in the vote announcement. Mayor Paul TenHaken asked if there were any
objections to the request, there were none. The minutes of Tuesday, June 9, 2020, will
be corrected to reflect a vote of 8-0 in favor of said motion.
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: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley; 0 No: (None). Motion Passed.
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, June 9, 2020
City Council Meeting of Tuesday, June 9, 2020
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated June 12, 2020.
8. Approval of surplus property disposition on the memorandum dated May 31, 2020.
9. Report of Requests for Quotes for Fuel dated: June 3, 2020; Dyed Diesel # 2 (15,000
Gallons); Coles Petroleum ($1.0816); Vollan Oil ($1.0873); Harms Oil ($1.0936);
Farstad Oil ($1.09); Olson Oil, CHS Oil, and Howes Oil all no bid. Bid awarded to: Coles
Petroleum.
10. Report of Requests for Quotes for Fuel dated: June 8, 2020; Dyed Diesel # 2 (4,000
Gallons) and Unleaded (4,000 Gallons); Coles Petroleum (Dyed Diesel # 2 $1.1941 and
Unleaded $1.4686); Vollan Oil (Dyed Diesel # 2 $1.2325 and Unleaded $1.5243);
Harms Oil (Dyed Diesel # 2 $1.2227 and Unleaded $1.4903); Farstad Oil (Dyed Diesel
# 2 $1.2145 and Unleaded $1.4895); Olson Oil and CHS Oil, both no bid. Bid awarded
to: Coles Petroleum.
11. Report of Requests for Quotes for Fuel dated: June 9, 2020; Unleaded (8,500 Gallons);
Farstad Oil ($1.467); Harms Oil ($1.4854); Coles Petroleum ($1.4815); Vollan Oil
($1.4735); Howes Oil, no bid. Bid awarded to: Farstad Oil.
APPLICATIONS
12. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit D.
NOTICE OF HEARINGS
13. Set a date of hearing for Tuesday, July 7, 2020. Rescind the 2020 Retail Wine &
Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition
League Inc., 1401 West 33rd Street.
14. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2020 Package Liquor
License from The Market on Phillips LLC, 196 East 6th Street, Suite 101, to New Ritual
LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required).
15. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2020 Retail Wine & Cider
License from TSlat LLC, JJ’s Axes & Ales, 4810 South Western Avenue, to TJS LLC,
JJ’s Axes & Ales, 3016 West 57th Street (CUP not required).
16. Set a date of hearing for Tuesday, July 7, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License for JJ’s Axes & Ales, 3016 West 57th Street (CUP not
required).
17. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2019-20 Retail Malt
Beverage/SD Farm Wine License from Quick N EZ LLC, 2500 West Madison Street, to
W & J Enterprises LLC, 2500 West Madison Street (CUP not required).
18. Set a date of hearing for Tuesday, July 7, 2020. Renewal 2020-21 Retail Malt
Beverage/SD Farm Wine License for W & J Enterprises LLC, 2500 West Madison
Street.
19. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2019-20 Retail Malt
Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License from Myers
LLC, 221 South Phillips Avenue, to Analog Sandwich Inc., Eighty One, 221 South
Phillips Avenue.
20. Set a date of hearing for Tuesday, July 7, 2020. Renewal of 2020-21 Retail Malt
Beverage/SD Farm Wine License for Eighty One, 221 South Phillips Avenue.
21. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Liquor License for
TNT Entertainment, Wiley’s, to be operated at Albert House parking lot, 337 North
Phillips Avenue, for a concert on July 17, 2020.
22. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Malt Beverage
License for Home Builders Association of the Sioux Empire, 6904 South Lyncrest Place,
for members appreciation on July 30, 2020.
23. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for Commemorative Air Force Joe Foss Squadron to
be operated at the Maverick Air Center, 4201 North Maverick Place for a fundraiser on
July 31, 2020.
24. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls, 515 North
Main Avenue, for a fundraiser on August 1, 2020.
REGULAR AGENDA
25. 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: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley; 0 No: (None). Motion Passed.
26. PUBLIC INPUT
Quinn Kathner invited the Mayor and Council Members to the June 20th, 2020
Celebration of Pride Events, which includes a Pride visibility gathering at Sioux Falls
City Hall from 9 a.m. to 10 a.m. The Sioux Falls Pride Committee and Board Members
will be standing outside City Hall flying pride flags in recognition of the visibility of the
LGBTQ community.
Boots Among Trees read a proclamation signed by Mayor TenHaken, recognizing June
is Pride Month, that will be read at the June 20th event.
Bob Kolbe provided recommendations for City Council meetings.
Sierra Broussard spoke about the City Clerk and the recent election.
David Zokaites spoke about a forthcoming rally he received a permit for and voter
disenfranchisement.
Grace Mortensen spoke about flying the Pride flag over City Hall.
Sub Item 13 to Agenda Item 7 was heard at this time. See item 7 for action taken.
UNFINISHED BUSINESS
27. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Covert Artisan Ales LLC,
Covert Cellars, 434 East 8th Street (CUP not required).
28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Gaming Inc.,
Crown Casino 41 III, 2516 West 41st Street, Suite 300, with Conditional Use Permit
(0001798-2014) being approved on November 5, 2014. Pending permit issuance and
final inspections per Building Services.
29. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Crown Gaming Inc., Crown Casino 41 III, 2516 West 41st Street,
Suite 300.
30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Quan Holdings LLC2,
Crown Casino East III, 2417 East 10th Street, Suite B, with Conditional Use Permit
(11818-2020) being approved on April 1, 2020. Pending permit issuance and final
inspections per Building Services.
31. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Quan Holdings LLC2, Crown Casino East III, 2417 East 10th
Street, Suite B.
32. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming
& Holdings Co., Deuces Casino 9.5, 3401 West 85th Street, Suite B, with Conditional
Use Permit (9890-2019) being approved on March 6, 2019. Pending permit issuance
and final inspections per Building Services.
33. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9.5,
3401 West 85th Street, Suite B.
34. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming
& Holdings Co., Deuces Casino 9, 3401 West 85th Street, Suite A, with Conditional Use
Permit (9890-2019) being approved on March 6, 2019. Pending permit issuance and
final inspections per Building Services.
35. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9, 3401
West 85th Street, Suite A.
36. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming
& Holdings Co., Deuces Casino 7.5A, 4713 East 26th Street, Suite A, with Conditional
Use Permit (002928-2015) being approved on August 5, 2015. Pending permit issuance
and final inspections per Building Services.
37. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 7.5A,
4713 East 26th Street, Suite A.
38. Renewal of 2020-21 Retail Malt Beverage License for 57th Street Lodging Partners,
Hampton Inn & Suites, 3701 West Avera Drive.
A motion was made by Council Member Kiley and seconded by Council Member
Selberg to approve Items 27 through 38.
A motion was made by Council Member Starr and seconded by Council Member
Erickson to amend the main motion by striking "38" and considering it separately.
Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly,
Brekke, Erickson, Kiley; 0 No: (None). Motion Passed.
A motion was made by Council Member Starr and seconded by Council Member
Erickson to defer Item 38 to the City Council Meeting of Tuesday, July 7, 2020.
Roll call vote to defer. 6 Yes: Neitzert, Selberg, Soehl, Starr, Erickson, Kiley; 2 No:
Stehly, Brekke. Motion Passed.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to reconsider Item 38.
Roll call vote to reconsider. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley; 0 No: (None). Motion Passed.
A motion was made by Council Member Selberg and seconded by Council Member
Kiley to approve Item 38.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke,
Erickson, Kiley; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE FIRST READINGS
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 416 N. NESMITH AVE. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT, TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 12175-2020, 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 Tuesday, July 7, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Kiley to set a date of 2nd Reading for Tuesday, July 7, 2020 for Item 39.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED EAST OF N. MARION RD. AND NORTH OF INTERSTATE 90
FROM THE AG AGRICULTURE AND C-2 COMMERCIAL NEIGHBORHOOOD AND
STREETCAR DISTRICTS TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 12173-
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 Tuesday, July 7, 2020.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to set a date of 2nd Reading for Tuesday, July 7, 2020 for Item 40.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed.
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2001 E. 8TH ST. FROM THE S-2 INSTITIONAL CAMPUS
PUD TO THE S 1 GENERAL INSTITUTIONAL DISTRICT, NO. 12168-2020, 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 Tuesday, July 7, 2020.
A motion was made by Council Member Starr and seconded by Council Member Soehl
to set a date of 2nd Reading for Tuesday, July 7, 2020 for Item 41.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed.
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 916 S. 9TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY
RESIDENTIAL —TRADITIONAL DISTRICT, NO. 12165-2020, 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 Tuesday, July 7, 2020.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to set a date of 2nd Reading for Tuesday, July 7, 2020 for Item 42.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed.
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF
SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER.
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
A motion was made by Council Member Neitzert and seconded by Council Member
Kiley to withdraw Item 43.
Roll call vote to withdraw. 7 Yes: Neitzert, Selberg, Soehl, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion.
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A JOINT PARTICIPATION AGREEMENT AMONG
SANFORD HEALTH, AVERA MCKENNAN HOSPITAL & UNIVERSITY HEALTH
CENTER, CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND
SIOUX EMPIRE TRIAGE CENTER.
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to set a date of 2nd Reading for Tuesday, July 7, 2020 for Item 44.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed.
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING
ORDINANCE NO. 31-20 AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF
THE CODE OF ORDINANCES OF SIOUX FALLS, SD, PERTAINING TO THE NOVEL
CORONAVIRUS (COVID-19).
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
A motion was made by Council Member Starr and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday,August 4, 2020 for Item 45.
Roll call vote to set a date of 2nd Reading. 4 Yes: Soehl, Starr, Stehly, Brekke; 4 No:
Neitzert, Selberg, Erickson, Kiley. Motion Failed.
Item 38 was reconsidered at this time. See Item 38 for action taken.
HEARINGS AND RESOLUTIONS
46. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE,
AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND
DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN
PAYMENT REQUESTS.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to adopt Resolution No. 66-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 66-20
A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL
ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE
APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE
TO CERTIFY AND SIGN PAYMENT REQUESTS.
WHEREAS, the City of Sioux Falls, SD (the “City”), has determined it is necessary to
proceed with improvements to its clean water system, including, but not limited to,
Water Reclamation Facility Expansion and Capacity Improvements (the “Project”); and
WHEREAS, the City has determined that financial assistance will be necessary to
undertake the Project and an application for financial assistance to the South Dakota
Board of Water and Natural Resources (the “Board”) will be prepared; and
WHEREAS, it is necessary to designate an authorized representative to execute
and submit the applications on behalf of the City and to certify and sign payment
requests in the event financial assistance is awarded for the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. That the City hereby approves the submission of applications for financial
assistance in an amount not to exceed $117,375,000 for the Water Reclamation
Facility Expansion and Capacity Improvements to the South Dakota Board of
Water and Natural Resources for the Project.
2. That the City is hereby authorized to execute the applications and submit
it to the South Dakota Board of Water and Natural Resources and to
execute and deliver such other documents and perform all acts necessary
to effectuate the application for financial assistance.
3. That the Mayor and/or Director of Public Works or the Public Works Business
Operations Manager is hereby designated as the authorized representative of
the City to do all things on its behalf to certify and sign payment requests in the
event financial assistance is awarded for the Project.
Date adopted: 06/16/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
47. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF
LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH
AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING,
PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER
PARKWAYS AND BOULEVARD THEREON.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to adopt Resolution No. 67-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 67-20
A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF
LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH
AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING,
PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER
PARKWAYS AND BOULEVARD THEREON.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. It is necessary to levy and there shall be levied a frontage assessment upon
each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from
Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to
be used in maintaining, planting, and otherwise improving and caring for the center
parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux
Falls.
Section 2. There shall be an assessment against each lot, tract, and parcel of land
abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux
Falls, the sum of eighty-five cents ($.85) per front foot for the year 2021.
Section 3. That the City Clerk’s Office shall certify such frontage assessments to the
county auditor of Minnehaha County, SD, and the same shall be collected in and as
municipal taxes for general purposes.
Date adopted: 06/16/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
48. A RESOLUTION ESTABLISHING A POLICY FOR ACCEPTANCE OF GIFTS OF
PERSONAL PROPERTY FOR PARK PURPOSES OF A VALUE OF MORE THAN
ONE HUNDRED THOUSAND DOLLARS ($100,000).
A motion was made by Council Member Erickson and seconded by Council Member
Selberg to adopt Resolution No. 68-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 68-20
A RESOLUTION ESTABLISHING A POLICY FOR ACCEPTANCE OF GIFTS OF
PERSONAL PROPERTY FOR PARK PURPOSES OF A VALUE OF MORE THAN
ONE HUNDRED THOUSAND DOLLARS ($100,000).
WHEREAS, the South Dakota legislature, during the 2020 legislative session, amended
SDCL 9-38-32 which allows a municipality to establish a policy for the acceptance of
gifts of personal property for park purposes of a value below an amount determined by
the governing body without the need of the governing body’s or board’s approval;
WHEREAS, the amendment to SDCL 9-38-32 shall become effective July 1, 2020;
WHEREAS, it is the desire to adopt a policy for the acceptance of gifts of personal
property for park purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City of Sioux Falls adopts the following policy for the acceptance of gifts of
personal property for park purposes:
Any gifts of personal property for park purposes valued over $100,000 shall
be reviewed by the Parks and Recreation Board and approved by the City
Council prior to acceptance. Gifts of personal property for park purposes
valued at $100,000 or less shall be approved by the Director of Parks and
Recreation.
The effective date of this policy shall be July 1, 2020.
Date adopted: 06/16/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
49. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG)
BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND
SIOUX EMPIRE LEADERSHIP COUNCIL.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to adopt Resolution No. 69-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 69-20
A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG)
BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND
SIOUX EMPIRE LEADERSHIP COUNCIL.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it gives its advice and consent to the following City Council appointments:
Name Board Term
Pat Starr SECOG Appointed for a term to expire August 1, 2020.
Theresa Stehly SECOG Appointed for a term to expire August 1, 2020.
Jim David SECOG Appointed for a term to expire August 1, 2020,
as an alternate.
Greg Neitzert UDC Appointed for a term to expire August 1, 2020.
Rick Kiley UDC Appointed for a term to expire August 1, 2020.
Pat Starr UDC Appointed for a term to expire August 1, 2020.
Janet Brekke UDC Appointed for a term to expire August 1, 2020.
David Bixler and UDC Appointed for a term to expire August 1, 2020,
Jim David as alternates.
Rick Kiley Sioux Empire Appointed for a term to expire August 1, 2020.
Leadership
Council
Christine Erickson Sioux Empire Appointed for a term to expire August 1, 2020,
Leadership as an alternate.
Council
Section 1. The appointed persons may continue to serve after the expiration of his/her
term of office until a replacement is appointed and approved by the City Council.
Date adopted: 06/16/20 .
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 8:39 p.m.
Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson,
Kiley; 0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, June 16, 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 Greg Neitzert
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
Mayor Paul TenHaken
2. INVOCATION
Pastor Austin White, Celebrate Church
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
SIOUXPERHERO Citizen Recognition Program
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, June 9, 2020
City Council Meeting of Tuesday, June 9, 2020
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated June 12, 2020.
8. Approval of surplus property disposition on the memorandum dated May 31, 2020.
9. Report of Requests for Quotes for Fuel dated: June 3, 2020; Dyed Diesel # 2 (15,000
Gallons); Coles Petroleum ($1.0816); Vollan Oil ($1.0873); Harms Oil ($1.0936);
Farstad Oil ($1.09); Olson Oil, CHS Oil, and Howes Oil all no bid. Bid awarded to: Coles
Petroleum.
10. Report of Requests for Quotes for Fuel dated: June 8, 2020; Dyed Diesel # 2 (4,000
Gallons) and Unleaded (4,000 Gallons); Coles Petroleum (Dyed Diesel # 2 $1.1941 and
Unleaded $1.4686); Vollan Oil (Dyed Diesel # 2 $1.2325 and Unleaded $1.5243);
Harms Oil (Dyed Diesel # 2 $1.2227 and Unleaded $1.4903); Farstad Oil (Dyed Diesel
# 2 $1.2145 and Unleaded $1.4895); Olson Oil and CHS Oil, both no bid. Bid awarded
to: Coles Petroleum.
11. Report of Requests for Quotes for Fuel dated: June 9, 2020; Unleaded (8,500 Gallons);
Farstad Oil ($1.467); Harms Oil ($1.4854); Coles Petroleum ($1.4815); Vollan Oil
($1.4735); Howes Oil, no bid. Bid awarded to: Farstad Oil.
APPLICATIONS
12. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit D.
NOTICE OF HEARINGS
13. Set a date of hearing for Tuesday, July 7, 2020. Rescind the 2020 Retail Wine &
Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition
League Inc., 1401 West 33rd Street.
14. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2020 Package Liquor
License from The Market on Phillips LLC, 196 East 6th Street, Suite 101, to New Ritual
LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required).
15. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2020 Retail Wine & Cider
License from TSlat LLC, JJ’s Axes & Ales, 4810 South Western Avenue, to TJS LLC,
JJ’s Axes & Ales, 3016 West 57th Street (CUP not required).
16. Set a date of hearing for Tuesday, July 7, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License for JJ’s Axes & Ales, 3016 West 57th Street (CUP not
required).
17. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2019-20 Retail Malt
Beverage/SD Farm Wine License from Quick N EZ LLC, 2500 West Madison Street, to
W & J Enterprises LLC, 2500 West Madison Street (CUP not required).
18. Set a date of hearing for Tuesday, July 7, 2020. Renewal 2020-21 Retail Malt
Beverage/SD Farm Wine License for W & J Enterprises LLC, 2500 West Madison
Street.
19. Set a date of hearing for Tuesday, July 7, 2020. Transfer of 2019-20 Retail Malt
Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License from Myers
LLC, 221 South Phillips Avenue, to Analog Sandwich Inc., Eighty One, 221 South
Phillips Avenue.
20. Set a date of hearing for Tuesday, July 7, 2020. Renewal of 2020-21 Retail Malt
Beverage/SD Farm Wine License for Eighty One, 221 South Phillips Avenue.
21. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Liquor License for
TNT Entertainment, Wiley’s, to be operated at Albert House parking lot, 337 North
Phillips Avenue, for a concert on July 17, 2020.
22. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Malt Beverage
License for Home Builders Association of the Sioux Empire, 6904 South Lyncrest Place,
for members appreciation on July 30, 2020.
23. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for Commemorative Air Force Joe Foss Squadron to
be operated at the Maverick Air Center, 4201 North Maverick Place for a fundraiser on
July 31, 2020.
24. Set a date of hearing for Tuesday, July 7, 2020. Special One-Day Malt Beverage and
Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls, 515 North
Main Avenue, for a fundraiser on August 1, 2020.
REGULAR AGENDA
25. APPROVAL OF THE REGULAR AGENDA
26. PUBLIC INPUT
UNFINISHED BUSINESS
27. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Covert Artisan Ales LLC,
Covert Cellars, 434 East 8th Street (CUP not required).
28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Gaming Inc.,
Crown Casino 41 III, 2516 West 41st Street, Suite 300, with Conditional Use Permit
(0001798-2014) being approved on November 5, 2014. Pending permit issuance and
final inspections per Building Services.
29. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Crown Gaming Inc., Crown Casino 41 III, 2516 West 41st Street,
Suite 300.
30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Quan Holdings LLC2,
Crown Casino East III, 2417 East 10th Street, Suite B, with Conditional Use Permit
(11818-2020) being approved on April 1, 2020. Pending permit issuance and final
inspections per Building Services.
31. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Quan Holdings LLC2, Crown Casino East III, 2417 East 10th
Street, Suite B.
32. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming
& Holdings Co., Deuces Casino 9.5, 3401 West 85th Street, Suite B, with Conditional
Use Permit (9890-2019) being approved on March 6, 2019. Pending permit issuance
and final inspections per Building Services.
33. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9.5,
3401 West 85th Street, Suite B.
34. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming
& Holdings Co., Deuces Casino 9, 3401 West 85th Street, Suite A, with Conditional Use
Permit (9890-2019) being approved on March 6, 2019. Pending permit issuance and
final inspections per Building Services.
35. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9, 3401
West 85th Street, Suite A.
36. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming
& Holdings Co., Deuces Casino 7.5A, 4713 East 26th Street, Suite A, with Conditional
Use Permit (002928-2015) being approved on August 5, 2015. Pending permit issuance
and final inspections per Building Services.
37. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD
Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 7.5A,
4713 East 26th Street, Suite A.
38. Renewal of 2020-21 Retail Malt Beverage License for 57th Street Lodging Partners,
Hampton Inn & Suites, 3701 West Avera Drive.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE FIRST READINGS
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 416 N. NESMITH AVE. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT, TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 12175-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends (4-0).
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED EAST OF N. MARION RD. AND NORTH OF INTERSTATE 90
FROM THE AG AGRICULTURE AND C-2 COMMERCIAL NEIGHBORHOOOD AND
STREETCAR DISTRICTS TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 12173-
2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends (4-0).
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2001 E. 8TH ST. FROM THE S-2 INSTITIONAL CAMPUS
PUD TO THE S 1 GENERAL INSTITUTIONAL DISTRICT, NO. 12168-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends (4-0).
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 916 S. 9TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY
RESIDENTIAL —TRADITIONAL DISTRICT, NO. 12165-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends (4-0).
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF
SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER.
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A JOINT PARTICIPATION AGREEMENT AMONG
SANFORD HEALTH, AVERA MCKENNAN HOSPITAL & UNIVERSITY HEALTH
CENTER, CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND
SIOUX EMPIRE TRIAGE CENTER.
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING
ORDINANCE NO. 31-20 AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF
THE CODE OF ORDINANCES OF SIOUX FALLS, SD, PERTAINING TO THE NOVEL
CORONAVIRUS (COVID-19).
Recommendation: Set a date of 2nd Reading for Tuesday, July 7, 2020.
HEARINGS AND RESOLUTIONS
46. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE,
AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND
DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN
PAYMENT REQUESTS.
47. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A
FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF
LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH
AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING,
PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER
PARKWAYS AND BOULEVARD THEREON.
48. A RESOLUTION ESTABLISHING A POLICY FOR ACCEPTANCE OF GIFTS OF
PERSONAL PROPERTY FOR PARK PURPOSES OF A VALUE OF MORE THAN
ONE HUNDRED THOUSAND DOLLARS ($100,000).
49. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG)
BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND
SIOUX EMPIRE LEADERSHIP COUNCIL.
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.
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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