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City Council Meeting

Regular Meeting

Sioux Falls, SD · October 19, 2020

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Minutes

MINUTES City Council Meeting Monday, October 19, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Janet Brekke, Council Member Christine M. Erickson (Via telecom), Council Member Alex Jensen, Council Member Rick Kiley (Via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr Absent: Mayor Paul TenHaken 2. INVOCATION  Lead Pastor Nick Collins, Holy Cross Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Kiley to place Sub-Item 2 from Agenda Item 6 on the Regular Agenda for Council Discussion (Parks/Recreation; Ash Street Tree Removals; Lefke Tree Experts; To Establish Pricing). See Agenda Item 6 for action taken. 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: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 13, 2020  City Council Meeting of Tuesday, October 13, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 16, 2020. A motion was made by Council Member Brekke and seconded by Council Member Jensen to approve Sub-Item 2 from Agenda Item 6. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated October 16, 2020. 8. Report of Requests for Quotes for Fuel dated: October 7, 2020; Dyed Diesel (8,450 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.313. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: October 8, 2020; #2 Clear Diesel (7,500 Gallons); Petroleum Traders: #2 Clear Diesel ($1.5731); Harms Oil, CHS, Inc., Parkland USA/SPF Energy Inc. /Farstad Oil, Howes Oil., and Midwest Oil, all no bids. Bid awarded to: Petroleum Traders. 10. Report of Requests for Quotes for Fuel dated: October 13, 2020; Unleaded (8,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.492. APPLICATIONS 11. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for a movie showing event on October 30 and 31, 2020. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Casino #3, 4805 West 12th Street, Suite 3, with Conditional Use Permit (012943-2020) being approved on October 7, 2020. 13. Set a date of hearing for Tuesday, November 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Casino #3, 4805 West 12th Street, Suite 3. 14. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Deuces Casino 5.5, 3613 North Cliff Avenue, Suite A, with Conditional Use Permit (12306-2020) being approved on July 1, 2020. 15. Set a date of hearing for Tuesday, November 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Deuces Casino 5.5, 3613 North Cliff Avenue, Suite A. 16. Set a date of hearing for Tuesday, November 3, 2020. Amend 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, by correcting the address to 457 West 69th Street. 17. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Silver Dollar Casino, 900 South Marion Road, Suite 100, with Conditional Use Permit (11830-2020) being approved on May 7, 2020. 18. Set a date of hearing for Tuesday, November 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Silver Dollar Casino, 900 South Marion Road, Suite 100. 19. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Active Generations, 2300 West 46th Street (CUP not required). 20. Set a date of hearing for Tuesday, November 3, 2020. Transfer 2020 Retail Liquor License, including video lottery terminals, from Sandtrap Inc., The Pourhouse, 5213 West 12th Street, to On My Tab Inc., The Attic West, 5213 West 12th Street (CUP not required). 21. Set a date of hearing for Tuesday, November 3, 2020. Transfer 2020-21 Retail Malt/SD Farm Wine License and 2020 Retail Wine License from Top Shelf Entertainment LLC, Wine & Canvas, 5239 West 26th Street, to Top Shelf Entertainment LLC, Wine & Canvas, 1412 West 41st Street, with Conditional Use Permit (012880- 2020) being approved on October 7, 2020. 22. Set a date of hearing for Tuesday, November 3, 2020. Special One-Day Wine License for Wine Time on Main LLC to be operated at Washington Square 8th Floor common area, 300 South Main Avenue, for a special event on November 10, 2020. REGULAR AGENDA 23. 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: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 24. PUBLIC INPUT There was none. Sub-Item 2 from Agenda Item 6 was heard at this time. See Agenda Item 6 for action taken. UNFINISHED BUSINESS 25. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License for Mi Pueblo Mexican Market, 2310 West 41st Street, Suite 106 (CUP not required). Pending final inspections per Health and Building Services. 26. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Tarquin Argentinian Restaurant, 1301 East Benson Road (CUP not required). Pending final inspections per Health. 27. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for 5 Oaks, 480 East 69th Street (CUP not required). Pending final inspections per Health and Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider and Renewal of 2021 Retail Wine & Cider License for Japanese Sushi Hibachi Hawaiian Fusion, 323 South Phillips Avenue, Suite B (CUP not required). Pending final inspections per Health. 29. Transfer of 2020 Package Liquor License from WK Suppliers, Wolfie’s Liquor Spot, 6811 South Louise Avenue, to ODJ Enterprises LLC, Wolfie’s Liquor, 6811 South Louise Avenue. 30. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for an axe throwing event on October 22, 2020. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Huether Family Match Pointe, 4210 North Bobhalla Drive, for a fundraiser on October 23, 2020. 32. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad Shiners to be operated at the History Club, 758 South Phillips Avenue, for a ladies luncheon on November 7, 2020. A motion was made by Council Member Brekke and seconded by Council Member Jensen to approve Agenda Items 25 through 32. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd 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'. Private Applicant(s): Jon Broek A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Ordinance No. 88-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO NORTHERN STATES POWER COMPANY WITHIN MCKENNAN PARK. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 89-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS OF THE DEBT SERVICE RESERVE FOR 2009A AND 2009B FINAL DEBT PAYMENT. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 90-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 601 W 86TH ST. AND 7805 S. DAKOTA HAWK PL. FROM THE C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE LW LIVE/WORK DISTRICT, NO. 12853-2020, 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, November 3, 2020. Private Applicant(s): KT Holdings, LLC A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 36. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF S. LANCASTER DR. AND EAST OF S. BROEK DR. FROM THE RD 2 RESIDENTIAL—SUBURBAN TOWNHOME DISTRICT TO THE RA 1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 12879-2020, 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, November 3, 2020. Private Applicant(s): Empire Homes, LLC: Brady Hyde A motion was made by Council Member Brekke and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 37. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL, NO. 12885-2020, 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, November 3, 2020. Private Applicant(s): Signature Companies: Clint Ackerman A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 38. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1201 E. DIKE DR. FROM THE C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 12894- 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, November 3, 2020. Private Applicant(s): Granite Valley Holdings, LLP: Dustin Risty A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1300 AND 1304 E. DIKE DR. FROM THE C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, NO. 12909-2020, 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, November 3, 2020. Private Applicant(s): Reynolds Construction Management: Paul Reynolds A motion was made by Council Member Brekke and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 505 W. 81ST ST. FROM THE CN CONSERVATION, LW LIVE/WORK, RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY DISTRICT(S) TO THE LW/LIVE WORK DISTRICT, NO. 12914-2020, 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, November 3, 2020. Private Applicant(s): Eric Willadsen A motion was made by Council Member Brekke and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3303 S. LISA DR. FROM THE AG, AGRICULTURE TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 12915-2020, 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, November 3, 2020. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, November 3, 2020 for Item 42. Roll call vote to set a date of 2nd Reading. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, CORRECTING AND RESTATING RESOLUTION NO. 104-20. (ANNEXATION 12555-2020: 26987 S. Minnesota Ave. (W. 81st St. and S. Minnesota Ave.)) Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 121-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 121-20 ANNEXATION 12555-2020: 26987 S. Minnesota Ave. (W. 81st St. and S. Minnesota Ave.) A RESOLUTION OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, CORRECTING AND RESTATING RESOLUTION NO. 104-20. WHEREAS, on September 8, 2020, the City Council of the City of Sioux Falls adopted Resolution No. 104-20 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, reference was incorrectly made to the corporate limits of the city of Sioux Falls, Minnehaha County and the Minnehaha County Register of Deeds; and WHEREAS, this Resolution supplements, amends, corrects, and restates the original Resolution No. 104-20 to the extent necessary to correctly state the corporate limits of the city of Sioux Falls, Lincoln County and Lincoln County Register of Deeds and except to the extent specifically corrected, the original Resolution No. 104-20 shall remain in full force and effect; and WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. 81st St. and S. Minnesota Ave. 4. Sewer is available to site immediately. 5. Water service is available to site immediately. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory. E 1/2 of the SE 1/4 (except Trecom Addition & Fischenich Addition & except Lot H- 1) of Section 15, Township 100N, Range 50 of the 5th PM including all adjacent un- annexed right-of-way; in Lincoln County, South Dakota. That the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 10/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 013063-2020—TRACT 3 TEN CATE’S ADDITION.) Private Applicant(s): Empire Homes, LLC A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 122-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 122-20 ANNEXATION 013063-2020—TRACT 3 TEN CATE’S ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along E. 41st St. 4. East Side Sanitary Sewer Cost Recovery owed on all parcels for all zoning classifications (except drainageways and detention ponds dedicated to the city) when platted for development. The 2020 cost is $5,036.10/acre. 5. City water is available from the northwest of the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory: TRACT 3 OF TEN CATE’S ADDITION, AN ADDITION IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 10/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 012940-2020—Tract 1 WOESSNER Addition.) Private Applicant(s): Ben Parsley A motion was made by Council Member Brekke and seconded by Council Member Jensen to adopt Resolution No. 123-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 123-20 ANNEXATION 012940-2020—Tract 1 WOESSNER Addition A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. 22nd St. 4. West Side Sanitary Sewer Cost Recovery owed on all parcels; the 2020 cost is $2,196.58/acre. 5. City water is available from the development to the south of the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory: TRACT 1 WOESSNER ADDITION S1/2 SE1/4 21 101 50 WAYNE TOWNSHIP 101-50 West of the 5th P.M. Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 10/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Erickson to adopt Resolution No. 124-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 124-20 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Matt Brunick Experience Sioux Falls Appointed for a term from Business Improvement District October 2020 to October (BID) Board of Directors 2023. Jan Grunewaldt Experience Sioux Falls Reappointed for a term Business Improvement District from October 2020 to (BID) Board of Directors October 2023. Frank Gurnick Experience Sioux Falls Appointed for a term from Business Improvement District October 2020 to October (BID) Board of Directors 2023. Paul Hegg Experience Sioux Falls Reappointed for a term Business Improvement District from October 2020 to (BID) Board of Directors October 2023. Greg Jamison Experience Sioux Falls Reappointed for a term Business Improvement District from October 2020 to (BID) Board of Directors October 2023. Kyle Johnson Experience Sioux Falls Appointed for a term from Business Improvement District October 2020 to October (BID) Board of Directors 2023. Lynelle Jorgensen Experience Sioux Falls Appointed for a term from Business Improvement District October 2020 to October (BID) Board of Directors 2023. Tracy Kolb Experience Sioux Falls Reappointed for a term Business Improvement District from October 2020 to (BID) Board of Directors October 2023. Cindy Walsh Experience Sioux Falls Appointed for a term from Business Improvement District October 2020 to October (BID) Board of Directors 2023. Linda Hunt Falls Community Health Center Appointed for a term from Governing Board October 2020 to March 2023 (to fill the unexpired term of Patricia Bolds). Date adopted: 10/19/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Brekke and seconded by Council Member Kiley to adjourn at 7:53 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Monday, October 19, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member Janet Brekke Council Member Christine M. Erickson Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Mayor Paul TenHaken 2. INVOCATION  Lead Pastor Nick Collins, Holy Cross Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 13, 2020  City Council Meeting of Tuesday, October 13, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 16, 2020. 7. Notice of change orders on the memorandum dated October 16, 2020. 8. Report of Requests for Quotes for Fuel dated: October 7, 2020; Dyed Diesel (8,450 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.313. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: October 8, 2020; #2 Clear Diesel (7,500 Gallons); Petroleum Traders: #2 Clear Diesel ($1.5731); Harms Oil, CHS, Inc., Parkland USA/SPF Energy Inc. /Farstad Oil, Howes Oil., and Midwest Oil, all no bids. Bid awarded to: Petroleum Traders. 10. Report of Requests for Quotes for Fuel dated: October 13, 2020; Unleaded (8,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.492. APPLICATIONS 11. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for a movie showing event on October 30 and 31, 2020. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Casino #3, 4805 West 12th Street, Suite 3, with Conditional Use Permit (012943-2020) being approved on October 7, 2020. 13. Set a date of hearing for Tuesday, November 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Casino #3, 4805 West 12th Street, Suite 3. 14. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Deuces Casino 5.5, 3613 North Cliff Avenue, Suite A, with Conditional Use Permit (12306-2020) being approved on July 1, 2020. 15. Set a date of hearing for Tuesday, November 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Deuces Casino 5.5, 3613 North Cliff Avenue, Suite A. 16. Set a date of hearing for Tuesday, November 3, 2020. Amend 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, by correcting the address to 457 West 69th Street. 17. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Silver Dollar Casino, 900 South Marion Road, Suite 100, with Conditional Use Permit (11830-2020) being approved on May 7, 2020. 18. Set a date of hearing for Tuesday, November 3, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Silver Dollar Casino, 900 South Marion Road, Suite 100. 19. Set a date of hearing for Tuesday, November 3, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Active Generations, 2300 West 46th Street (CUP not required). 20. Set a date of hearing for Tuesday, November 3, 2020. Transfer 2020 Retail Liquor License, including video lottery terminals, from Sandtrap Inc., The Pourhouse, 5213 West 12th Street, to On My Tab Inc., The Attic West, 5213 West 12th Street (CUP not required). 21. Set a date of hearing for Tuesday, November 3, 2020. Transfer 2020-21 Retail Malt/SD Farm Wine License and 2020 Retail Wine License from Top Shelf Entertainment LLC, Wine & Canvas, 5239 West 26th Street, to Top Shelf Entertainment LLC, Wine & Canvas, 1412 West 41st Street, with Conditional Use Permit (012880- 2020) being approved on October 7, 2020. 22. Set a date of hearing for Tuesday, November 3, 2020. Special One-Day Wine License for Wine Time on Main LLC to be operated at Washington Square 8th Floor common area, 300 South Main Avenue, for a special event on November 10, 2020. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA 24. PUBLIC INPUT UNFINISHED BUSINESS 25. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License for Mi Pueblo Mexican Market, 2310 West 41st Street, Suite 106 (CUP not required). Pending final inspections per Health and Building Services. 26. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Tarquin Argentinian Restaurant, 1301 East Benson Road (CUP not required). Pending final inspections per Health. 27. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for 5 Oaks, 480 East 69th Street (CUP not required). Pending final inspections per Health and Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider and Renewal of 2021 Retail Wine & Cider License for Japanese Sushi Hibachi Hawaiian Fusion, 323 South Phillips Avenue, Suite B (CUP not required). Pending final inspections per Health. 29. Transfer of 2020 Package Liquor License from WK Suppliers, Wolfie’s Liquor Spot, 6811 South Louise Avenue, to ODJ Enterprises LLC, Wolfie’s Liquor, 6811 South Louise Avenue. 30. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for an axe throwing event on October 22, 2020. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Huether Family Match Pointe, 4210 North Bobhalla Drive, for a fundraiser on October 23, 2020. 32. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad Shiners to be operated at the History Club, 758 South Phillips Avenue, for a ladies luncheon on November 7, 2020. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd 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'. Private Applicant(s): Jon Broek 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO NORTHERN STATES POWER COMPANY WITHIN MCKENNAN PARK. Sponsor: Mayor 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS OF THE DEBT SERVICE RESERVE FOR 2009A AND 2009B FINAL DEBT PAYMENT. Sponsor: Mayor ORDINANCE FIRST READINGS 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 601 W 86TH ST. AND 7805 S. DAKOTA HAWK PL. FROM THE C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE LW LIVE/WORK DISTRICT, NO. 12853-2020, 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, November 3, 2020. Private Applicant(s): KT Holdings, LLC 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF S. LANCASTER DR. AND EAST OF S. BROEK DR. FROM THE RD 2 RESIDENTIAL—SUBURBAN TOWNHOME DISTRICT TO THE RA 1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 12879-2020, 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, November 3, 2020. Private Applicant(s): Empire Homes, LLC: Brady Hyde 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL, NO. 12885-2020, 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, November 3, 2020. Private Applicant(s): Signature Companies: Clint Ackerman 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1201 E. DIKE DR. FROM THE C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 12894- 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, November 3, 2020. Private Applicant(s): Granite Valley Holdings, LLP: Dustin Risty 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1300 AND 1304 E. DIKE DR. FROM THE C-2 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, NO. 12909-2020, 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, November 3, 2020. Private Applicant(s): Reynolds Construction Management: Paul Reynolds 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 505 W. 81ST ST. FROM THE CN CONSERVATION, LW LIVE/WORK, RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY DISTRICT(S) TO THE LW/LIVE WORK DISTRICT, NO. 12914-2020, 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, November 3, 2020. Private Applicant(s): Eric Willadsen 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3303 S. LISA DR. FROM THE AG, AGRICULTURE TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 12915-2020, 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, November 3, 2020. Sponsor: Mayor HEARINGS AND RESOLUTIONS 43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, CORRECTING AND RESTATING RESOLUTION NO. 104-20. (ANNEXATION 12555-2020: 26987 S. Minnesota Ave. (W. 81st St. and S. Minnesota Ave.)) Sponsor: Mayor 44. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 013063-2020—TRACT 3 TEN CATE’S ADDITION.) Private Applicant(s): Empire Homes, LLC 45. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 012940-2020—Tract 1 WOESSNER Addition.) Private Applicant(s): Ben Parsley 46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 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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