City Council Meeting
Regular MeetingSioux Falls, SD · September 15, 2020
Minutes
MINUTES
City Council Meeting
Tuesday, September 15, 2020 at 7:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
Present: Council Member Marshall Selberg, Council Member Curt Soehl, Council
Member Pat Starr, Council Member Janet Brekke, Council Member Christine M.
Erickson (arr. 7:06 p.m.), Council Member Alex Jensen, Council Member Rick Kiley,
Council Member Greg Neitzert, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Pastor Kirk Flaa, Abiding Savior Free Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
Cub Scout Pack 346
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Starr to place Sub-Item 26 from Agenda Item
7 on the Regular Agenda for Council discussion (Planning and Development Services;
Subrecipient Agreement; Greater Sioux Falls Chamber of Commerce dba Sioux Falls
Convention and Visitors Bureau). See Agenda Item 7 for action taken.
A motion was made by Council Member Kiley and seconded by Council Member
Selberg to approve the Consent Agenda.
Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Brekke, Jensen, Kiley, Neitzert;
0 No: (None). Motion Passed. Erickson was not present for the vote on this motion.
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, September 8, 2020
City Council Meeting of Tuesday, September 8, 2020
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated September 11, 2020.
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to approve Sub-Item 26 to Agenda Item 7.
Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
8. Report of Requests for Quotes for Fuel dated: September 4, 2020; Unleaded (6,500
Gallons); Coles Petroleum ($1.5183); Vollan Oil ($1.5544); Howes Oil, Farstad, and
Olson Oil, all no bid. Bid awarded to: Coles Petroleum.
9. Report of Requests for Quotes for Fuel dated: September 9,2020; Unleaded (4,000
Gallons) and Dyed Diesel (12,000 Gallons); Coles Petroleum (Unleaded ($1.4486) and
Dyed Diesel ($1.1862)); Vollan Oil (Unleaded ($1.4793) and Dyed Diesel ($1.215));
Farstad Oil (Unleaded ($1.458) and Dyed Diesel ($1.202)); Howes Oil and Olson Oil, no
bid. Bid awarded to: Coles Petroleum.
APPLICATIONS
10. Special One-Day Liquor License for T Slat Inc., JJ’s Wines, Spirits & Cigars to be
operated at The Old Courthouse Museum, 200 West 6th Street, for a wedding on
October 24, 2020.
NOTICE OF HEARINGS
11. Set a date of hearing for Tuesday, October 6, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Qu Teng,
Pad Thai, 2700 West 41st Street, Suite 101, with Conditional Use Permit (012669-2020)
being approved on September 2, 2020.
12. Set a date of hearing for Tuesday, October 6, 2020. Transfer of 2020-21 Retail Malt
Beverage/SD Farm Wine License, including video lottery terminals, from Robert Miller,
Lucky Lady Casino, 601 West 11th Street, to MG Oil Company, Lucky Lady Casino, 601
West 11th Street.
13. Set a date of hearing for Tuesday, October 6, 2020. Transfer of 2020 Retail Liquor
License, including video lottery terminals, from Commonwealth Gaming & Holdings,
Deuces Casino IIA, 1912 West 41st Street, Suite A, to Commonwealth Gaming &
Holdings Deuces Casino 10.5, 453 West 69th Street, Suite 1.
14. Set a date of hearing for Tuesday, October 6, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings, Deuces
Casino IIA, 1912 West 41st Street, Suite A.
15. Set a date of hearing for Tuesday, October 6, 2020. Request to add video lottery
terminals with the new 2020-21 Retail Malt Beverage/SD Farm Wine License for
Commonwealth Gaming & Holdings, Deuces Casino IIA, 1912 West 41st Street, Suite
A.
16. Set a date of hearing for Tuesday, October 6, 2020. Transfer of 2020 Retail Liquor
License, including video lottery terminals, from American Legion, Sioux Falls Post 15,
1701 West Legion Drive, to Crystal Investments Inc., Black Diamond Casino, 5113 West
41st Street.
17. Set a date of hearing for Tuesday, October 6, 2020. Rescind 2020 Retail Wine
License and 2020-21 Retail Malt Beverage License for Crystal Investments Inc., Black
Diamond Casino, 5113 West 41st Street.
18. Set a date of hearing for Tuesday, October 6, 2020. Special One-Day Liquor
Licenses for TSlat Inc, JJ’s Wine, Spirits & Cigars to be operated at the Sanford Event
Barn, 2510 East 54th Street North, for weddings on October 10 and 17, 2020.
REGULAR AGENDA
19. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to approve the Regular Agenda.
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to amend by moving Item 38 to immediately follow Item 27 and moving Item 40
to immediately follow Item 28.
Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0
No: (None). Motion Passed. Erickson was not present for the vote on this motion.
Roll call vote to approve, as amended. 7 Yes: Selberg, Soehl, Starr, Brekke, Jensen,
Kiley, Neitzert; 0 No: (None). Motion Passed. Erickson was not present for the vote on
this motion.
20. PUBLIC INPUT
Heather Pastor spoke about homelessness and harassment.
Phyllis Arends spoke about the recent public hearing and her disappointment in its
conduct.
John Cunningham spoke about the recent public hearing and the use of political
arguments in it.
Peter Pischke spoke about protecting ethics of future City Councils.
David Zokaites spoke about massage licensing.
Catherine Riffle spoke about homelessness and displaced persons.
Sierra Broussard spoke about incidents in the Whittier Neighborhood.
Dennis Haugen spoke about the benefits of living in Sioux Falls.
Sub-Item 26 to Agenda Item 7 was heard at this time. See Agenda Item 7 for action
taken.
UNFINISHED BUSINESS
21. Request to add video lottery terminals with 2020-21 Retail Malt Beverage/SD Farm
Wine License for Kathmandu Indian Cuisine, LLC, 5310 East Arrowhead Parkway.
Pending permit issuance and final inspection per Building Services.
22. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Lam Spa LLC, The Spa
on Phillips, 224 North Phillips Avenue, Suite 110.
23. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine
License for West Mall Theatres Inc., West Mall 7 Theatres, 2101 West 41st Street, Suite
33.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to defer Agenda Item 23 to the meeting of Tuesday, October 6, 2020.
Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
24. Special One-Day Wine Licenses and Special One-Day Off-Sale Package Wine
Licenses for 69th Street Looks Market to be operated at Avera Heart Hospital, 4500
West 69th Street, for special events on September 16 & 30, 2020.
25. Special One-Day Liquor Licenses for T Slat Inc, JJ’s Wine Spirits & Cigars to be
operated at Sanford Event Barn, 2510 East 54th Street North, for special events on
September 19 and 26, 2020.
26. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at the
following locations: BluMoon Designs, 421 North Phillips Avenue, Suite 115; 8th & Rail
Road Center, 401 East 8th Street, Suite 200A; Atoley Spa, 317 South Phillips Avenue;
Bechtold’s Jewelry, 325 South Phillips Avenue; Chelsea’s Boutique, 220 South Phillips
Avenue; Great Outdoor Store, 201 East 10th Street; Home Porch Gifts, 217 South
Phillips Avenue; Layered Elements, 701 North Phillips Avenue, Suite 135; Lauriebelle’
Boutique, 206 South Phillips Avenue; MK Threads, 421 North Phillips Avenue, Suite
112; Rehfeld’s Art & Framing, 431 North Phillips Avenue, Suite 101; Say Anything
Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite 108;
Sticks & Steel, 401 East 8th Street, Suite 118; Swamp Daddy’s, 421 North Phillips
Avenue, Suite 105; Common Sense, 400 South 2nd Avenue; TH Grey, 330 South
Phillips Avenue; Mint+Basil, 207 South Phillips Avenue; JH & Sons, 216 South Phillips
Avenue; Bloom Room Boutique, 701 North Phillips Avenue, Suite 155, for an Art & Wine
Walk on October 2, 2020.
27. Transfer of 2020 Package Liquor License and 2020 Retail Wine License from Luciano’s
North LTD, Luciano’s North, 431 North Phillips Avenue, to Luciano’s North LTD,
Luciano’s North, 720 South Highline Place (CUP not required).
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to approve Agenda Items 21, 22, and 24 through 27.
Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
Agenda Item 38 was heard at this time. See Item for action taken.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE
PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2021.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to adopt Ordinance No. 77-20.
A motion was made by Council Member Soehl and seconded by Council Member
Selberg to amend Ordinance 77-20 to reflect changes to the resolution adopting the
budget and the Capital Program.
Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 7 Yes: Selberg, Soehl, Brekke, Erickson, Jensen,
Kiley, Neitzert; 1 No: Starr. Motion Passed.
Agenda Item 40 was heard at this time. See Item for action taken.
ORDINANCE FIRST READINGS
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS FOR DEBT REPAYMENT.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
A motion was made by Council Member Kiley and seconded by Council Member
Erickson to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 29.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF 1510 W. 51ST ST. FROM THE UNZONED
DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 12686-2020, 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 Tuesday, October 6, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Erickson to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 30.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT 7301 S. CLIFF AVE. FROM THE C-3
COMMERCIAL—COMMUNITY DISTRICT TO THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY AND RD-2 TOWNHOME RESIDENTIAL—
SUBURBAN DISTRICTS, NO. 12685-2020, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends
approval (6-0) with the following condition(s): 1. The RD-2 zone only allowed AD1 or
AD2 forms; 2. In the RD-2 zone a Min. 5’ berm along West property line abutting Tract 1
of South Cliff Grassland Addition; 3. In the RD-2 zone coniferous and deciduous trees
required at a rate of at least 22.59 landscaping units per 100’ of fraction thereof along
West property line abutting Tract 1 of South Cliff Grassland Addition.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Neitzert to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 31.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT 4501 W. 85TH ST. FROM THE C-3
COMMERCIAL—COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR, O OFFICE, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND
RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE C-3
COMMERCIAL—COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY,
RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN, AND CN CONSERVATION DISTRICTS, NO. 12684-
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 Tuesday, October 6, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Erickson to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 32.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2300 S. RONSIEK AVE. FROM THE RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 12667-
2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (6-0) with the following
condition(s): 1. Minimum of a 20' front yard setback of S. Ronsiek Ave.; 2. Minimum of
two buildings with a separation between the buildings of a minimum of 10'.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
A motion was made by Council Member Starr and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday, October 20, 2020 for Item 33.
A motion was made by Council Member Starr and seconded by Council Member
Brekke to amend by referencing the "third meeting in the month of October".
Roll call vote to amend. 6 Yes: Selberg, Soehl, Starr, Brekke, Kiley, Neitzert; 2 No:
Erickson, Jensen. Motion Passed.
Roll call vote to set a date of 2nd Reading, as amended. 7 Yes: Selberg, Soehl, Starr,
Brekke, Jensen, Kiley, Neitzert; 1 No: Erickson. Motion Passed.
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT THE NW CORNER OF W. 41ST ST. AND S.
ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK AND
C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 12645-2020, 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 Tuesday, October 6, 2020.
A motion was made by Council Member Selberg and seconded by Council Member
Starr to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 34.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 3113 S. WESTERN AVE. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 12605-2020, 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 Tuesday, October 6, 2020.
A motion was made by Council Member Starr and seconded by Council Member Soehl
to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 35.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY
COUNCIL.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
A motion was made by Council Member Erickson and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 36.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL
REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036
APPLICATION TO APPOINTIVE OFFICERS.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to set a date of 2nd Reading for Tuesday, October 6, 2020 for Item 37.
Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke,
Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
38. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2021, AND THE 2021-2025 CAPITAL PROGRAM.
A motion was made by Council Member Erickson and seconded by Council Member
Kiley to adopt Resolution No. 108-20.
A motion was made by Council Member Soehl and seconded by Council Member Starr
to amend the 2021 Parks and Recreation operating budget to reinstate funding for the
municipal band in the amount of $112,000. Funding to come from the Parks and
Recreation 2021 operations budget.
A motion was made by Council Member Starr to amend the amendment by striking
$112,000 and inserting $140,000. Motion failed for a lack of a second.
Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 108-20
A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2021, AND THE 2021-2025 CAPITAL PROGRAM.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the 2021 Recommended Budget and 2021-2025 Capital Program as amended by
the City Council is hereby approved.
Date adopted: 09/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
39. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-
THREE, CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-
0).
A motion was made by Council Member Brekke and seconded by Council Member
Neitzert to adopt Resolution No. 110-20.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 110-20
A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-
THREE, CITY OF SIOUX FALLS.
WHEREAS, the City Planning Commission has recommended the creation of Tax
Incremental District Number Twenty-Three, City of Sioux Falls; and
WHEREAS, the City of Sioux Falls has the authority, pursuant to SDCL §11-9-2(1), to
create Tax Incremental District Number Twenty-Three, City of Sioux Falls, and define
its boundaries; and
WHEREAS, the property within Tax Incremental District Number Twenty-Three, City of
Sioux Falls, meets the qualifications and criteria set forth in SDCL 11-9; and
WHEREAS, the District shall be created upon the effective date of the resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That:
1. Declaration of Necessity and Enhancement. The City Council declares the
necessity for the creation of the Tax Incremental District Number Twenty-Three,
City of Sioux Falls, pursuant to SDCL Chapter 11-9. Further, the City finds that the
improvement of the area is likely to enhance significantly the value of substantially
all of the other real property in the District and is necessary for economic
development within the city. Improvements to the District will likely add millions of
dollars in assessed valuation to the District and will significantly and substantially
enhance the value of all property in the District.
2. Findings of Economic Welfare. The City Council finds that more than fifty percent
(50%) of the property in the District will stimulate and develop the general
economic welfare and prosperity of the state through the promotion and
advancement of industrial, commercial, manufacturing, agricultural, or natural
resources development as defined in SDCL 11-9.
3. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate
assessed value of the taxable property in the District, plus all other tax incremental
districts, does not exceed ten percent (10%) of the total assessed valuation of the
City.
4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, the
Tax Incremental District Number Twenty-Three, City of Sioux Falls (the “District”).
The District is hereby created on the day this resolution becomes effective which
shall be 20 days after publication.
5. Designation of District Boundaries. The District shall have boundaries as shown
and described on Exhibit A.
6. The project shall comply with the City’s adopted Shape Sioux Falls 2040
Comprehensive Plan, all City and state ordinances, resolutions, regulations, and
codes, the approved Project Plan, and the approved Development Agreement, all
as amended from time to time.
Date adopted: 09/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
40. A RESOLUTION AUTHORIZING THE CITY COUNCIL CHAIR AND VICE CHAIR TO
APPOINT A TASK FORCE TO STUDY AND RECOMMEND A LONG-TERM
STRATEGY THAT FOSTERS A FINANCIALLY SUSTAINABLE SIOUX FALLS
MUNICIPAL BAND.
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 109-20.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 109-20
A RESOLUTION AUTHORIZING THE CITY COUNCIL CHAIR AND VICE CHAIR TO
APPOINT A TASK FORCE TO STUDY AND RECOMMEND A LONG-TERM
STRATEGY THAT FOSTERS A FINANCIALLY SUSTAINABLE SIOUX FALLS
MUNICIPAL BAND.
WHEREAS, the Sioux Falls Municipal Band, one of the oldest and most prestigious
bands in the nation, has been performing since 1919; and
WHEREAS, the band’s performances begin with the Armed Forces Day Celebration in
May each season and continue through early August. Special events include the Flag
Day performance at Veterans’ Memorial Park, the Independence Day Celebration, and
the Jaycees’ annual 4th of July Celebration; and
WHEREAS, 17,000 people annually attend the Sioux Falls Municipal Band concerts
which include performances each Sunday and additional performances during the
week; and
WHEREAS, the band consists of one contracted director and 60 to 90 paid musicians;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City Council Chair and Vice Chair are hereby authorized to appoint a task
force to study and recommend a long-term strategy that fosters a financially sustainable
Sioux Falls Municipal Band.
Date adopted: 09/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
41. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY.
A motion was made by Council Member Brekke and seconded by Council Member
Jensen to adopt Resolution No. 111-20.
Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley,
Neitzert; 0 No: (None). Motion Passed.
RESOLUTION NO. 111-20
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the business to be conducted at the City Council meeting scheduled for 7 p.m. on
Tuesday, October 20, 2020, will be rescheduled to 7 p.m., Monday, October 19, 2020,
as City Council members will be attending the Sioux Falls Chamber of Commerce
Annual Meeting.
Corresponding Informational and Committee meetings will be rescheduled as noted
above.
Date adopted: 09/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
There was none.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Kiley to adjourn at 9:09 p.m.
Voice vote to adjourn. 7 Yes: Selberg, Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0
No: (None). Motion Passed. Erickson was not present for the vote on this motion.
Thomas M. Greco, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, September 15, 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 Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Alex Jensen
Council Member Rick Kiley
Council Member Greg Neitzert
Mayor Paul TenHaken
2. INVOCATION
Pastor Kirk Flaa, Abiding Savior Free Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
Cub Scout Pack 346
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, September 8, 2020
City Council Meeting of Tuesday, September 8, 2020
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated September 11, 2020.
8. Report of Requests for Quotes for Fuel dated: September 4, 2020; Unleaded (6,500
Gallons); Coles Petroleum ($1.5183); Vollan Oil ($1.5544); Howes Oil, Farstad, and
Olson Oil, all no bid. Bid awarded to: Coles Petroleum.
9. Report of Requests for Quotes for Fuel dated: September 9,2020; Unleaded (4,000
Gallons) and Dyed Diesel (12,000 Gallons); Coles Petroleum (Unleaded ($1.4486) and
Dyed Diesel ($1.1862)); Vollan Oil (Unleaded ($1.4793) and Dyed Diesel ($1.215));
Farstad Oil (Unleaded ($1.458) and Dyed Diesel ($1.202)); Howes Oil and Olson Oil, no
bid. Bid awarded to: Coles Petroleum.
APPLICATIONS
10. Special One-Day Liquor License for T Slat Inc., JJ’s Wines, Spirits & Cigars to be
operated at The Old Courthouse Museum, 200 West 6th Street, for a wedding on
October 24, 2020.
NOTICE OF HEARINGS
11. Set a date of hearing for Tuesday, October 6, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Qu Teng,
Pad Thai, 2700 West 41st Street, Suite 101, with Conditional Use Permit (012669-2020)
being approved on September 2, 2020.
12. Set a date of hearing for Tuesday, October 6, 2020. Transfer of 2020-21 Retail Malt
Beverage/SD Farm Wine License, including video lottery terminals, from Robert Miller,
Lucky Lady Casino, 601 West 11th Street, to MG Oil Company, Lucky Lady Casino, 601
West 11th Street.
13. Set a date of hearing for Tuesday, October 6, 2020. Transfer of 2020 Retail Liquor
License, including video lottery terminals, from Commonwealth Gaming & Holdings,
Deuces Casino IIA, 1912 West 41st Street, Suite A, to Commonwealth Gaming &
Holdings Deuces Casino 10.5, 453 West 69th Street, Suite 1.
14. Set a date of hearing for Tuesday, October 6, 2020. New 2020-21 Retail Malt
Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings, Deuces
Casino IIA, 1912 West 41st Street, Suite A.
15. Set a date of hearing for Tuesday, October 6, 2020. Request to add video lottery
terminals with the new 2020-21 Retail Malt Beverage/SD Farm Wine License for
Commonwealth Gaming & Holdings, Deuces Casino IIA, 1912 West 41st Street, Suite
A.
16. Set a date of hearing for Tuesday, October 6, 2020. Transfer of 2020 Retail Liquor
License, including video lottery terminals, from American Legion, Sioux Falls Post 15,
1701 West Legion Drive, to Crystal Investments Inc., Black Diamond Casino, 5113 West
41st Street.
17. Set a date of hearing for Tuesday, October 6, 2020. Rescind 2020 Retail Wine
License and 2020-21 Retail Malt Beverage License for Crystal Investments Inc., Black
Diamond Casino, 5113 West 41st Street.
18. Set a date of hearing for Tuesday, October 6, 2020. Special One-Day Liquor
Licenses for TSlat Inc, JJ’s Wine, Spirits & Cigars to be operated at the Sanford Event
Barn, 2510 East 54th Street North, for weddings on October 10 and 17, 2020.
REGULAR AGENDA
19. APPROVAL OF THE REGULAR AGENDA
20. PUBLIC INPUT
UNFINISHED BUSINESS
21. Request to add video lottery terminals with 2020-21 Retail Malt Beverage/SD Farm
Wine License for Kathmandu Indian Cuisine, LLC, 5310 East Arrowhead Parkway.
Pending permit issuance and final inspection per Building Services.
22. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Lam Spa LLC, The Spa
on Phillips, 224 North Phillips Avenue, Suite 110.
23. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine
License for West Mall Theatres Inc., West Mall 7 Theatres, 2101 West 41st Street, Suite
33.
24. Special One-Day Wine Licenses and Special One-Day Off-Sale Package Wine
Licenses for 69th Street Looks Market to be operated at Avera Heart Hospital, 4500
West 69th Street, for special events on September 16 & 30, 2020.
25. Special One-Day Liquor Licenses for T Slat Inc, JJ’s Wine Spirits & Cigars to be
operated at Sanford Event Barn, 2510 East 54th Street North, for special events on
September 19 and 26, 2020.
26. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at the
following locations: BluMoon Designs, 421 North Phillips Avenue, Suite 115; 8th & Rail
Road Center, 401 East 8th Street, Suite 200A; Atoley Spa, 317 South Phillips Avenue;
Bechtold’s Jewelry, 325 South Phillips Avenue; Chelsea’s Boutique, 220 South Phillips
Avenue; Great Outdoor Store, 201 East 10th Street; Home Porch Gifts, 217 South
Phillips Avenue; Layered Elements, 701 North Phillips Avenue, Suite 135; Lauriebelle’
Boutique, 206 South Phillips Avenue; MK Threads, 421 North Phillips Avenue, Suite
112; Rehfeld’s Art & Framing, 431 North Phillips Avenue, Suite 101; Say Anything
Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite 108;
Sticks & Steel, 401 East 8th Street, Suite 118; Swamp Daddy’s, 421 North Phillips
Avenue, Suite 105; Common Sense, 400 South 2nd Avenue; TH Grey, 330 South
Phillips Avenue; Mint+Basil, 207 South Phillips Avenue; JH & Sons, 216 South Phillips
Avenue; Bloom Room Boutique, 701 North Phillips Avenue, Suite 155, for an Art & Wine
Walk on October 2, 2020.
27. Transfer of 2020 Package Liquor License and 2020 Retail Wine License from Luciano’s
North LTD, Luciano’s North, 431 North Phillips Avenue, to Luciano’s North LTD,
Luciano’s North, 720 South Highline Place (CUP not required).
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE
PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2021.
ORDINANCE FIRST READINGS
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS FOR DEBT REPAYMENT.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF 1510 W. 51ST ST. FROM THE UNZONED
DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 12686-2020, 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 Tuesday, October 6, 2020.
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT 7301 S. CLIFF AVE. FROM THE C-3
COMMERCIAL—COMMUNITY DISTRICT TO THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY AND RD-2 TOWNHOME RESIDENTIAL—
SUBURBAN DISTRICTS, NO. 12685-2020, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends
approval (6-0) with the following condition(s): 1. The RD-2 zone only allowed AD1 or
AD2 forms; 2. In the RD-2 zone a Min. 5’ berm along West property line abutting Tract 1
of South Cliff Grassland Addition; 3. In the RD-2 zone coniferous and deciduous trees
required at a rate of at least 22.59 landscaping units per 100’ of fraction thereof along
West property line abutting Tract 1 of South Cliff Grassland Addition.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT 4501 W. 85TH ST. FROM THE C-3
COMMERCIAL—COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR, O OFFICE, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND
RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE C-3
COMMERCIAL—COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY,
RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN, AND CN CONSERVATION DISTRICTS, NO. 12684-
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 Tuesday, October 6, 2020.
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2300 S. RONSIEK AVE. FROM THE RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 12667-
2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (6-0) with the following
condition(s): 1. Minimum of a 20' front yard setback of S. Ronsiek Ave.; 2. Minimum of
two buildings with a separation between the buildings of a minimum of 10'.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT THE NW CORNER OF W. 41ST ST. AND S.
ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK AND
C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 12645-2020, 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 Tuesday, October 6, 2020.
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 3113 S. WESTERN AVE. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 12605-2020, 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 Tuesday, October 6, 2020.
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY
COUNCIL.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL
REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036
APPLICATION TO APPOINTIVE OFFICERS.
Recommendation: Set a date of 2nd Reading for Tuesday, October 6, 2020.
HEARINGS AND RESOLUTIONS
38. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2021, AND THE 2021-2025 CAPITAL PROGRAM.
39. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-
THREE, CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-
0).
40. A RESOLUTION AUTHORIZING THE CITY COUNCIL CHAIR AND VICE CHAIR TO
APPOINT A TASK FORCE TO STUDY AND RECOMMEND A LONG-TERM
STRATEGY THAT FOSTERS A FINANCIALLY SUSTAINABLE SIOUX FALLS
MUNICIPAL BAND.
41. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY.
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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