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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 15, 2020

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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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