Muyni
← Back to Sioux Falls

City Council Meeting

Regular Meeting

Sioux Falls, SD · November 3, 2020

AgendaMinutesPacketVideo Recording

Minutes

MINUTES Regular City Council Meeting Tuesday, November 3, 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 Christine M. Erickson (via telecom), Council Member Alex Jensen, Council Member Rick Kiley (via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg (via telecom), Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Mayor Paul TenHaken Absent: None 2. INVOCATION  Erica A. Varcoe, Chaplain/Local Pulpit Supply Pastor/Seminary Student 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Monday, October 19, 2020  City Council Meeting of Monday, October 19, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 30, 2020. 7. Notice of change orders on the memorandum dated October 30, 2020. 8. Report of Requests for Quotes for Fuel dated: October 16, 2020; Unleaded (1,500 Gallons) and Dyed Diesel (6000 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 Unleaded $1.4752 and Dyed Diesel $ 1.322. 9. Report of Requests for Quotes for Fuel dated: October 19, 2020; #2 Dyed Diesel (950 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 $1.3183. 10. Report of Requests for Quotes for Fuel dated: October 20, 2020; Dyed Diesel #1 (5,500 Gallons) and Dyed Diesel #2 (5,500 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 Dyed Diesel #1 ($1.5189) and Dyed Diesel #2 ($1.3006). 11. Sioux Area Metro Report of Requests for Quotes for Fuel dated: October 21, 2020; #2 Clear Diesel (9,000 Gallons); Petroleum Traders ($1.5952); Harms Oil ($1.57756); CHS, Inc., Parkland USA/SPF Energy Inc. /Farstad Oil, Howes Oil., and Midwest Oil, all no bid. Bid awarded to: Harms Oil. 12. Report of Requests for Quotes for Fuel dated: October 23, 2020; Dyed Diesel # 1 (9,000 Gallons), Dyed Diesel #2, (9,000 Gallons) and Unleaded (4500 Gallons); Vollan Oil (Dyed Diesel #1 ($1.4381), Dyed Diesel #2 ($1.2732), and Unleaded ($1.4611)); Sterns Oil (Dyed Diesel #1 ($1.5246), Dyed Diesel #2 ($1.3335), and Unleaded ($1.4728)); CHS Oil (Dyed Diesel #1 ($1.5099), Dyed Diesel #2 ($1.2999), and Unleaded (No Bid)); Harms Oil (Dyed Diesel #1 ($1.4614), Dyed Diesel #2 ($1.2664), and Unleaded ($1.4324));Coles Petroleum (Dyed Diesel #1 ($1.463), Dyed Diesel #2 ($1.2493), and Unleaded ($1.4182)); Howes Oil and Farstad Oil, no bid. Bid awarded to: Vollan Oil. 13. Approval of a request from Seth Buck and Brooke Wise to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. 6th Street, on December 19, 2020, for the following purpose: a wedding reception. APPLICATIONS 14. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, November 17, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License for Chipotle Mexican Grill, 4035 West 41st Street (CUP not required). 16. Set a date of hearing for Tuesday, November 17, 2020. Transfer of 2020 Retail Wine & Cider License from Lyutsiya Anderson, Day of Indulgence, 5400 West 26th Street, to Day of Indulgence LLC, Day of Indulgence, 5400 West 26th Street. 17. Set a date of hearing for Tuesday, November 17, 2020. Renewal of 2021 Retail Wine & Cider License for Day of Indulgence, 5400 West 26th Street. 18. Set a date of hearing for Tuesday, November 17, 2020. Special One-Day Liquor License for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for an axe throwing tournament on November 19, 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. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 20. PUBLIC INPUT Bruce Danielson spoke about comments made by public officials. David Zokaites spoke about democracy. Steven Siano spoke about his personal medical information and his lack of trust in the medical community. UNFINISHED BUSINESS 21. 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. Pending permit issuance and final inspections per Building Services. 22. 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. Pending permit issuance and final inspections per Building Services. 23. 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. Pending final inspection per Building Services. 24. 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. Pending final inspection per Building Services. 25. 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. Pending final inspection per Building Services. 26. 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. Pending final inspections per Health and Building Services. 27. 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. Pending final inspections per Health and Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Active Generations, 2300 West 46th Street (CUP not required). 29. 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). Pending final inspections per Health. 30. 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. Pending final inspections per Health. 31. 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. A motion was made by Council Member Soehl and seconded by Council Member Brekke to approve Items 21-31. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 32. 2nd 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). Private Applicant(s): KT Holdings, LLC A motion was made by Council Member Neitzert and seconded by Council Member Soehl to approve Ordinance No. 91-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 33. 2nd 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). Private Applicant(s): Empire Homes, LLC: Brady Hyde A motion was made by Council Member Soehl and seconded by Council Member Brekke to approve Ordinance No. 92-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 34. 2nd 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). Private Applicant(s): Signature Companies: Clint Ackerman A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Ordinance No. 93-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 35. 2nd 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). Private Applicant(s): Granite Valley Holdings, LLP: Dustin Risty A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Ordinance No. 94-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 36. 2nd 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). Private Applicant(s): Reynolds Construction Management: Paul Reynolds A motion was made by Council Member Soehl and seconded by Council Member Brekke to approve Ordinance No. 95-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 37. 2nd 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). Private Applicant(s): Eric Willadsen A motion was made by Council Member Soehl and seconded by Council Member Brekke to approve Ordinance No. 96-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 38. 2nd 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). Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve Ordinance 97-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 39. 1st Reading: AN EMERGENCY ORDINANCE OF THE CITY OF SIOUX FALLS, SD, TO REQUIRE FACE COVERING IN AN INDOOR PUBLIC PLACE WHERE 6-FOOT SOCIAL DISTANCING CANNOT BE ACHIEVED. Recommendation: Set a date of 2nd Reading for Tuesday, November 10, 2020. Sponsors: Council Members Soehl and Kiley A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of hearing for Tuesday, November 10, 2020 for Item 39. Roll call vote to set a date of hearing. 7 Yes: Erickson, Jensen, Kiley, Selberg, Soehl, Starr, Brekke; 1 No: Neitzert. Motion Passed. 40. 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; SECTION 30.001 COUNCIL MEETINGS. Recommendation: Set a date of 2nd Reading for Tuesday, November 10, 2020. Sponsors: Council Members Jensen and Erickson A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of hearing for Tuesday, November 10, 2020 for Item 40. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 41. 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, SUBCHAPTER: ORGANIZATION AND PROCEDURE, SECTION 30.013, ORDER OF BUSINESS AND SECTION 30.015 ADDRESSING THE CITY COUNCIL; TIME LIMIT. Recommendation: Set a date of 2nd Reading for Tuesday, November 10, 2020. Sponsor: Mayor Mayor Paul TenHaken passed the gavel to Council Chair Greg Neitzert for this item. A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of hearing for Tuesday, November 10, 2020 for Item 41. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 42. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 013062-2020—TRACT A OLLERICH FARMS 2ND ADDITION). Private Applicant(s): EH Investments Council Chair Greg Neitzert passed the gave to Mayor Paul TenHaken. A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Resolution No. 125-20. Roll call vote to approve. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Starr, Brekke; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. RESOLUTION NO. 125-20 ANNEXATION 013062-2020—TRACT A OLLERICH FARMS 2ND 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. 41st St. 4. West 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. 5. The 2020 cost is $2,196.58/acre. 6. City water is available from the northeast 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 A of Ollerich Farms 2nd Addition, an addition in the N1/2 of the NE1/4 of Section 33, Township 101 North, Range 50 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: 11/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ELLIS CROSSING ADDITION (12812-2020). The Planning Commission recommends approval (4-0). Private Applicant(s): JSA Consulting Engineers A motion was made by Council Member Jensen and seconded by Council Member Neitzert to approve Resolution No. 126-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 126-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ELLIS CROSSING ADDITION (12812-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Ellis Crossing Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 11/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ACKERMAN ADDITION (12953-2020). The Planning Commission recommends approval (4-0). Private Applicant(s): Design & Develop Engineering, LLC A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Resolution No. 127-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 127-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ACKERMAN ADDITION (12953-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Ackerman Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 11/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TALL GRASS ADDITION (12966-2020). The Planning Commission recommends approval (4-0). Private Applicant(s): Advanced Engineering and Environmental Services, Inc.: Kevin Smith A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Resolution No. 128-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 128-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TALL GRASS ADDITION (12966-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Tall Grass Addition to the City of Sioux Falls, Lincoln County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 11/03/20 . 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 Jensen and seconded by Council Member Neitzert to approve Resolution No. 129-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 129-20 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 Joan Franken Accessible Housing Advisory Appointed for a term from Board November 2020 to November 2022. Paul Kostbooth Accessible Housing Advisory Appointed for a term from Board November 2020 to November 2023. Jeff Nelson Accessible Housing Advisory Appointed for a term from Board November 2020 to November 2021. Nancy Reynoza Accessible Housing Advisory Appointed for a term from Board November 2020 to November 2023. Aspen Thorstenson Accessible Housing Advisory Appointed for a term from Board November 2020 to November 2022. Barbara Hamer Solid Waste Planning Board Reappointed for a term from November 2020 to November 2023. Shannon Dwire Solid Waste Planning Board Appointed for a term from November 2020 to November 2023 (to replace Bruce Williams). Date adopted: 11/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION APPROVING AMENDMENTS TO THE 2020 AUDIT PLAN. Sponsors: Council Members Kiley and Jensen A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve Resolution No. 130-20. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 130-20 A RESOLUTION APPROVING AMENDMENTS TO THE 2020 AUDIT PLAN. WHEREAS, the City Council adopted Resolution 125-19 on December 17, 2019, approving the 2020 Audit Plan; and WHEREAS, the Audit Committee may further recommend to the City Council for approval amendments to the annual audit plan as is necessary pursuant to Section 30.022(c); and WHEREAS, the Audit Committee convened on September 28, 2020, and adopted a motion to recommend an amended Audit Plan to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and made part of this resolution entitled Amended Audit Plan, Fiscal Year 2020, is hereby approved. That the Internal Audit Manager is authorized to carry out the audits and other projects as described in the amended 2020 Audit Plan. Date adopted: 11/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 48. AUDIT REPORT 19-02: EMPLOYEE PAYROLL DEDUCTIONS NEW BUSINESS ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn the meeting at 9:45 p.m. Voice vote to adjourn. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA Regular City Council Meeting Tuesday, November 3, 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 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 Council Member Janet Brekke Mayor Paul TenHaken 2. INVOCATION  Erica A. Varcoe, Chaplain/Local Pulpit Supply Pastor/Seminary Student 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Monday, October 19, 2020  City Council Meeting of Monday, October 19, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 30, 2020. 7. Notice of change orders on the memorandum dated October 30, 2020. 8. Report of Requests for Quotes for Fuel dated: October 16, 2020; Unleaded (1,500 Gallons) and Dyed Diesel (6000 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 Unleaded $1.4752 and Dyed Diesel $ 1.322. 9. Report of Requests for Quotes for Fuel dated: October 19, 2020; #2 Dyed Diesel (950 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 $1.3183. 10. Report of Requests for Quotes for Fuel dated: October 20, 2020; Dyed Diesel #1 (5,500 Gallons) and Dyed Diesel #2 (5,500 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 Dyed Diesel #1 ($1.5189) and Dyed Diesel #2 ($1.3006). 11. Sioux Area Metro Report of Requests for Quotes for Fuel dated: October 21, 2020; #2 Clear Diesel (9,000 Gallons); Petroleum Traders ($1.5952); Harms Oil ($1.57756); CHS, Inc., Parkland USA/SPF Energy Inc. /Farstad Oil, Howes Oil., and Midwest Oil, all no bid. Bid awarded to: Harms Oil. 12. Report of Requests for Quotes for Fuel dated: October 23, 2020; Dyed Diesel # 1 (9,000 Gallons), Dyed Diesel #2, (9,000 Gallons) and Unleaded (4500 Gallons); Vollan Oil (Dyed Diesel #1 ($1.4381), Dyed Diesel #2 ($1.2732), and Unleaded ($1.4611)); Sterns Oil (Dyed Diesel #1 ($1.5246), Dyed Diesel #2 ($1.3335), and Unleaded ($1.4728)); CHS Oil (Dyed Diesel #1 ($1.5099), Dyed Diesel #2 ($1.2999), and Unleaded (No Bid)); Harms Oil (Dyed Diesel #1 ($1.4614), Dyed Diesel #2 ($1.2664), and Unleaded ($1.4324));Coles Petroleum (Dyed Diesel #1 ($1.463), Dyed Diesel #2 ($1.2493), and Unleaded ($1.4182)); Howes Oil and Farstad Oil, no bid. Bid awarded to: Vollan Oil. 13. Approval of a request from Seth Buck and Brooke Wise to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. 6th Street, on December 19, 2020, for the following purpose: a wedding reception. APPLICATIONS 14. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, November 17, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License for Chipotle Mexican Grill, 4035 West 41st Street (CUP not required). 16. Set a date of hearing for Tuesday, November 17, 2020. Transfer of 2020 Retail Wine & Cider License from Lyutsiya Anderson, Day of Indulgence, 5400 West 26th Street, to Day of Indulgence LLC, Day of Indulgence, 5400 West 26th Street. 17. Set a date of hearing for Tuesday, November 17, 2020. Renewal of 2021 Retail Wine & Cider License for Day of Indulgence, 5400 West 26th Street. 18. Set a date of hearing for Tuesday, November 17, 2020. Special One-Day Liquor License for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for an axe throwing tournament on November 19, 2020. REGULAR AGENDA 19. APPROVAL OF THE REGULAR AGENDA 20. PUBLIC INPUT UNFINISHED BUSINESS 21. 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. Pending permit issuance and final inspections per Building Services. 22. 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. Pending permit issuance and final inspections per Building Services. 23. 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. Pending final inspection per Building Services. 24. 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. Pending final inspection per Building Services. 25. 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. Pending final inspection per Building Services. 26. 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. Pending final inspections per Health and Building Services. 27. 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. Pending final inspections per Health and Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Active Generations, 2300 West 46th Street (CUP not required). 29. 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). Pending final inspections per Health. 30. 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. Pending final inspections per Health. 31. 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 32. 2nd 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). Private Applicant(s): KT Holdings, LLC 33. 2nd 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). Private Applicant(s): Empire Homes, LLC: Brady Hyde 34. 2nd 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). Private Applicant(s): Signature Companies: Clint Ackerman 35. 2nd 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). Private Applicant(s): Granite Valley Holdings, LLP: Dustin Risty 36. 2nd 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). Private Applicant(s): Reynolds Construction Management: Paul Reynolds 37. 2nd 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). Private Applicant(s): Eric Willadsen 38. 2nd 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). Sponsor: Mayor ORDINANCE FIRST READINGS 39. 1st Reading: AN EMERGENCY ORDINANCE OF THE CITY OF SIOUX FALLS, SD, TO REQUIRE FACE COVERING IN AN INDOOR PUBLIC PLACE WHERE 6-FOOT SOCIAL DISTANCING CANNOT BE ACHIEVED. Recommendation: Set a date of 2nd Reading for Tuesday, November 10, 2020. Sponsors: Council Members Soehl and Kiley 40. 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; SECTION 30.001 COUNCIL MEETINGS. Recommendation: Set a date of 2nd Reading for Tuesday, November 10, 2020. Sponsors: Council Members Jensen and Erickson 41. 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, SUBCHAPTER: ORGANIZATION AND PROCEDURE, SECTION 30.013, ORDER OF BUSINESS AND SECTION 30.015 ADDRESSING THE CITY COUNCIL; TIME LIMIT. Recommendation: Set a date of 2nd Reading for Tuesday, November 10, 2020. Sponsor: Mayor HEARINGS AND RESOLUTIONS 42. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 013062-2020—TRACT A OLLERICH FARMS 2ND ADDITION). Private Applicant(s): EH Investments 43. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ELLIS CROSSING ADDITION (12812-2020). The Planning Commission recommends approval (4-0). Private Applicant(s): JSA Consulting Engineers 44. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF ACKERMAN ADDITION (12953-2020). The Planning Commission recommends approval (4-0). Private Applicant(s): Design & Develop Engineering, LLC 45. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TALL GRASS ADDITION (12966-2020). The Planning Commission recommends approval (4-0). Private Applicant(s): Advanced Engineering and Environmental Services, Inc.: Kevin Smith 46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 47. A RESOLUTION APPROVING AMENDMENTS TO THE 2020 AUDIT PLAN. Sponsors: Council Members Kiley and Jensen REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 48. AUDIT REPORT 19-02: EMPLOYEE PAYROLL DEDUCTIONS 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.

Get email alerts for Sioux Falls

A daily email when new agendas and minutes are posted.

Report an issue with this meeting