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City Council Meeting

Regular Meeting

Sioux Falls, SD · June 16, 2020

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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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