City Council Meeting
Regular MeetingSioux Falls, SD · December 1, 2020
Minutes
MINUTES
City Council Meeting
Tuesday, December 1, 2020 at 7:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
Present: Council Member Greg Neitzert (via Telecom), Council Member Marshall
Selberg (via Telecom), Council Member Curt Soehl, Council Member Pat Starr, Council
Member Janet Brekke (via Telecom), Council Member Christine M. Erickson, Council
Member Alex Jensen, Council Member Rick Kiley (via Telecom), Mayor Paul
TenHaken
Absent: None
2. INVOCATION
Pastor Randall Gehring, Our Saviors Lutheran Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A request was made by Councilor Starr to place Sub-Item 25 from Agenda Item 6 (Site
Acquisition/Development Agreement) on the Regular Agenda for Council discussion.
See Item 6 for action taken.
A request was made by Councilor Starr to place Sub-Item 5 from Agenda Item 7
(Village on the River; Change order due to reduction in CM contingency) on the
Regular Agenda for Council discussion only. No Council action required.
A request was made by Councilor Neitzert to place the LaCerreta license renewal from
Agenda Item 13 on the Regular Agenda for Council discussion. See Item 13 for action
taken.
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to approve the Consent Agenda.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 17, 2020
City Council Meeting of Tuesday, November 17, 2020
Informational Meeting of Tuesday, November 24, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 27, 2020.
A motion was made by Council Member Jensen and seconded by Council Member
Erickson to approve Sub-Item 25: Planning and Development-Housing; Site
Acquisition/Development Agreement; The agreement provides funding to acquire the
lot at 6501 West Verbena Street, construct a house at the CTE Academy, move the
house to Verbena Street, and construct the foundation, utility connections, etc. at
Verbena; 20-4263; Affordable Housing Solutions; $264,950.36.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley; 0 No: (None). Motion Passed.
7. Notice of change orders on the memorandum dated November 27, 2020.
The following item was discussed but no action required: Sub-Item 5: Public Parking;
19002; Village on the River; Change order due to reduction in CM contingency; 18-
3000; co11; Journey Group Companies dba Journey Construction;-$563,279.46.
8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council
award the SIOUXPERHERO Citizen Recognition Award to: April Meyerink.
9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: November 11, 2020;
9,000 Gallons of #1 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil: #1 Clear
Diesel ($1.848); Harms Oil: #1 Clear Diesel ($1.908065); CHS, Inc. #1 Clear Diesel
($1.8999); and Petroleum Traders, Howes Oil, and Midwest Oil, all no bids. Bid
awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil.
10. Report of Requests for Quotes for Fuel dated: November 12, 2020; Unleaded (8,500
Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels,
Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is
$1.4697.
11. Report of Requests for Quotes for Fuel dated: November 20, 2020; Dyed Diesel #1
(3,750 Gallons) and Dyed Diesel #2 (3.750 Gallons). Harms Oil (Dyed Diesel #1
$1.6518) and (Dyed Diesel #2 $1.5023); Olson Oil, Farstad Oil and CHS, all no bid. Bid
awarded to: Harms Oil.
12. Report of Requests for Quotes for Fuel dated: November 20, 2020; Unleaded (8,500
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 Unleaded $1.4606.
APPLICATIONS
13. 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 C.
A motion was made by Council Member Starr and seconded by Council Member
Erickson to approve the renewal for La Carreta LLC, La Carreta, 2309 W. Madison
Street.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley; 0 No: (None). Motion Passed.
NOTICE OF HEARINGS
14. Set a date of hearing for Tuesday, December 15, 2020. New 2021 Retail Wine and
Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Poke
Picks Japanese and Hawaiian Fusion, 3412 South Western Avenue (CUP not required).
15. Set a date of hearing for Tuesday, December 15, 2020. Transfer of 2020-21 Retail
Malt Beverage/SD Farm Wine License and 2020 Retail Wine and Cider License from
Kelly Midwest Ventures LP, La Quinta Inn & Suites, 4521 West 41st Street, to I-29 Hotel
Development LLC, La Quinta Inn & Suites, 4521 West 41st Street.
16. Set a date of hearing for Tuesday, December 15, 2020. Renewal of 2021 Retail Wine
& Cider License for La Quinta Inn & Suites 4521 West 21st Street.
17. Set a date of hearing for Tuesday, December 15, 2020. 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 E.
REGULAR AGENDA
18. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley; 0 No: (None). Motion Passed.
19. PUBLIC INPUT
John Cunningham spoke about the local and national leadership responses to Covid.
Dennis Haugen spoke about the local and national leadership responses to Covid.
Catherine Riffle spoke about donations to the Homeless Coalition and possible missing
donations.
Sub-Item 25 from Agenda Item 6 (Site Acquisition/Development Agreement) was heard
at this time. See Item 6 for action taken.
Sub-Item 5 from Agenda Item 7 (Village on the River; Change order due to reduction in
CM contingency) was heard at this time. No action required.
The LaCarreta license renewal from Agenda Item 13 was heard at this time. See Item
13 for action taken.
UNFINISHED BUSINESS
20. Deferred from the meeting of Tuesday, November 17, 2020; Deferred from the
meeting of Tuesday, November 17, 2020; Renewal of 2021 Retail Liquor License for
Pave, 130 South Phillips Avenue.
21. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine
& Cider License for Vinyl Taco, 3609 South Western Avenue.
22. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from MG Oil Company, Bubba J’s, 114 North Indiana Avenue, to MG
Oil Company, Lucky Lady Casino 2, 605 West 11th Street, with Conditional Use Permit
being approved on November 4, 2020.
23. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at
the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a holiday
social on December 12, 2020.
A motion was made by Council Member Erickson and seconded by Council Member
Jensen to withdraw Item 23.
Roll call vote to withdraw. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley; 0 No: (None). Motion Passed.
A motion was made by Council Member Erickson and seconded by Council Member
Jensen to approve Items 20-22.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson,
Jensen, Kiley; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
24. 2nd 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 39.183 MAXIMUM BALANCE AND PAYMENT.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Ordinance No. 103-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 3635 W. PLATINUM POINT PL. FROM THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT
RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13119-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Lloyd Companies (Drew O'Brien)
A motion was made by Council Member Erickson and seconded by Council Member
Starr to adopt Ordinance No. 104-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 705 S. BLAUVELT AVE. FROM THE I-1 LIGHT
INDUSTRIAL AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO
THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 13153-2020,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Lifescape (Richard Disanto)
A motion was made by Council Member Soehl and seconded by Council Member Starr
to adopt Ordinance No. 105-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT THE NW CORNER OF N. ELLIS RD. AND W. DOCKSIDE
DR. FROM THE PEDESTRIAN-ORIENTED PUD (PO-PUD) DISTRICT TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 13155-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Jans Corporation (Dale Jans)
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adopt Ordinance No. 106-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1312 N. ARCHER DR. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 13179-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): G & D Harr Construction, LLC (Gary Harr)
A motion was made by Council Member Erickson and seconded by Council Member
Starr to adopt Ordinance No. 107-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 812 S. GRANGE AVE. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 13187-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Bluegill Properties, LLC (Blaine Fopma)
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Ordinance No. 108-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 4201 N. MARION RD. FROM THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL–SUBURBAN DISTRICT, NO. 13189-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Hazeltine Partners, LLC (Steve Vanbuskirk)
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adopt Ordinance No. 109-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. MADISON ST. AND N. WILLOW CREEK AVE.
FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-
1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13190-2020,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Six Mile Partners (Steve Vanbuskirk)
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adopt Ordinance No. 110-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 100 E. 85TH ST. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RA-1 APARTMENT
RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13194-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): MK Investments, LLC (Erica Mullaly)
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to adopt Ordinance No. 111-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING
ORDINANCE 89-20 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 Starr and seconded by Council Member
Jensen to adopt Ordinance No. 112-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 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 COMMNET CELLULAR INC.
D/B/A VERIZON WIRELESS WITHIN McKENNAN PARK.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Ordinance No. 113-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
35. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF THE MARKET AT GRAND PRAIRIE DEVELOPMENT (13193-2020). The
Planning Commission recommends approval (4-0).
Private Applicant(s): AE2S (Kevin Smith)
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 133-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 133-20
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN
OF THE MARKET AT GRAND PRAIRIE DEVELOPMENT (13193-2020).
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of The Market at Grand Prairie Development 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: 12/01/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
36. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT
GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR
REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Erickson to adopt Resolution No. 134-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 134-20
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT GRANT
(BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF
VARIOUS BRIDGES IN SIOUX FALLS.
WHEREAS, the City of Sioux Falls desires the preservation and rehabilitation of the bridge
hereinafter described:
Structure No. 50-202-180 located on E. Benson Road, 100' East of N. Minnesota
Avenue and over the Big Sioux River Diversion and Railroad Line
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and made a part of this resolution entitled “Bridge
Improvement Grant Program” is hereby approved and that the Mayor is authorized to sign
such resolution.
Date adopted: 12/01/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
37. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR
POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF
POLICE LODGE NO. 1 L.C.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Erickson to adopt Resolution No. 135-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 135-20
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR POLICE
OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE
NO. 1 L.C.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the Memorandum of Understanding between the City of Sioux Falls and Fraternal Order
of Police Lodge No. 1 L.C. amending the collective bargaining agreement providing for the
terms and conditions of employment for the period from January 11, 2019, through December
31, 2020, is hereby approved by the City Council.
Date adopted: 12/01/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
38. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR
LOCAL 814, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 136-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 136-20
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LOCAL
814, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the Memorandum of Understanding between the City of Sioux Falls and Local 814,
International Association of Firefighters amending the collective bargaining agreement
providing for the terms and conditions of employment for the period from January 1, 2019,
through December 31, 2020, is hereby approved by the City Council.
Date adopted: 12/01/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
39. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR
LOCAL 519, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES.
Sponsor: Mayor
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adopt Resolution No. 137-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 137-20
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LOCAL
519, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the Memorandum of Understanding between the City of Sioux Falls and Local 519,
American Federation of State, County, and Municipal Employees amending the collective
bargaining agreement providing for the terms and conditions of employment for the period
from January 1, 2019, through December 31, 2020, is hereby approved by the City Council.
Date adopted: 12/01/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
40. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF SIOUX FALLS AND AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Starr to adopt Item 40.
A motion was made by Council Member Starr and seconded by Council Member
Erickson to defer this item to the City Council Meeting on Tuesday, December 8, 2020.
Roll call vote to defer. 6 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 2 No:
Jensen, Kiley. Motion Passed.
41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
A motion was made by Council Member Soehl and seconded by Council Member Starr
to adopt Resolution No. 138-20.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
RESOLUTION NO. 138-20
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
Carolyn Ly-Donovan Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2021.
Lacey Hutchens Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2022.
Morgan Jackson Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2021.
Sarah Jorgensen Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2022.
Nicholas Kummer Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2023.
Kellie Schelhaas Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2023.
Kati Seymour Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2023.
Tana Zwart Disability Awareness and Appointed for a term from
Accessibility Review Board December 2020 to December
2022.
Dave Weber Mechanical Board of Appeals and Appointed for a term from
Examiners December 2020 to December
2023 (to replace Mark deWit).
Chris Weeg Mechanical Board of Appeals and Appointed for a term from
Examiners December 2020 to December
2023 (to replace Thomas
Gruenig).
Kelly Herrman Multi-Cultural Center Board of Reappointed for a term from
Directors December 2020 to December
2023.
Brooke Wegener Parks and Recreation Board Appointed for a term from
December 2020 to December
2025 (to replace Lorrae
Lindquist).
Dana Fisher Planning Commission Appointed for a term from
December 2020 to May 2021 (to
fill the unexpired term of
Katharine Fiegen (Johnson)).
Jeremy Eitreim Plumbing Board of Appeals and Reappointed for a term from
Examiners December 2020 to December
2023.
Mike Marshall Plumbing Board of Appeals and Appointed for a term from
Examiners December 2020 to December
2023 (to replace Rob Hillman).
Date adopted: 12/01/20 .
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)
42. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
November 27, 2020.
NEW BUSINESS
43. MOTION TO APPOINT RYAN LAUSENG AS INTERNAL AUDITOR.
Sponsors: Council Members Kiley and Selberg
A motion was made by Council Member Erickson and seconded by Council Member
Jensen to adopt Item 43.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
ADJOURNMENT
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to adjourn the meeting at 8:35 p.m.
Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen,
Kiley; 0 No: (None). Motion Passed.
Tamara Jorgensen, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, December 1, 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/council/view-meetings
CALL TO ORDER
1. MEETING ROLL CALL
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Alex Jensen
Council Member Rick Kiley
Mayor Paul TenHaken
2. INVOCATION
Pastor Randall Gehring, Our Saviors Lutheran Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 17, 2020
City Council Meeting of Tuesday, November 17, 2020
Informational Meeting of Tuesday, November 24, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 27, 2020.
7. Notice of change orders on the memorandum dated November 27, 2020.
8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council
award the SIOUXPERHERO Citizen Recognition Award to: April Meyerink.
9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: November 11, 2020;
9,000 Gallons of #1 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil: #1 Clear
Diesel ($1.848); Harms Oil: #1 Clear Diesel ($1.908065); CHS, Inc. #1 Clear Diesel
($1.8999); and Petroleum Traders, Howes Oil, and Midwest Oil, all no bids. Bid
awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil.
10. Report of Requests for Quotes for Fuel dated: November 12, 2020; Unleaded (8,500
Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels,
Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is
$1.4697.
11. Report of Requests for Quotes for Fuel dated: November 20, 2020; Dyed Diesel #1
(3,750 Gallons) and Dyed Diesel #2 (3.750 Gallons). Harms Oil (Dyed Diesel #1
$1.6518) and (Dyed Diesel #2 $1.5023); Olson Oil, Farstad Oil and CHS, all no bid. Bid
awarded to: Harms Oil.
12. Report of Requests for Quotes for Fuel dated: November 20, 2020; Unleaded (8,500
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 Unleaded $1.4606.
APPLICATIONS
13. 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 C.
NOTICE OF HEARINGS
14. Set a date of hearing for Tuesday, December 15, 2020. New 2021 Retail Wine and
Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Poke
Picks Japanese and Hawaiian Fusion, 3412 South Western Avenue (CUP not required).
15. Set a date of hearing for Tuesday, December 15, 2020. Transfer of 2020-21 Retail
Malt Beverage/SD Farm Wine License and 2020 Retail Wine and Cider License from
Kelly Midwest Ventures LP, La Quinta Inn & Suites, 4521 West 41st Street, to I-29 Hotel
Development LLC, La Quinta Inn & Suites, 4521 West 41st Street.
16. Set a date of hearing for Tuesday, December 15, 2020. Renewal of 2021 Retail Wine
& Cider License for La Quinta Inn & Suites 4521 West 21st Street.
17. Set a date of hearing for Tuesday, December 15, 2020. 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 E.
REGULAR AGENDA
18. APPROVAL OF THE REGULAR AGENDA
19. PUBLIC INPUT
UNFINISHED BUSINESS
20. Deferred from the meeting of Tuesday, November 17, 2020; Renewal of 2021 Retail
Liquor License for Pave, 130 South Phillips Avenue.
21. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine
& Cider License for Vinyl Taco, 3609 South Western Avenue.
22. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from MG Oil Company, Bubba J’s, 114 North Indiana Avenue, to MG
Oil Company, Lucky Lady Casino 2, 605 West 11th Street, with Conditional Use Permit
being approved on November 4, 2020.
23. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at
the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a holiday
social on December 12, 2020.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
24. 2nd 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 39.183 MAXIMUM BALANCE AND PAYMENT.
Sponsor: Mayor
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 3635 W. PLATINUM POINT PL. FROM THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT
RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13119-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Lloyd Companies (Drew O'Brien)
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 705 S. BLAUVELT AVE. FROM THE I-1 LIGHT
INDUSTRIAL AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO
THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 13153-2020,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Lifescape (Richard Disanto)
27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT THE NW CORNER OF N. ELLIS RD. AND W. DOCKSIDE
DR. FROM THE PEDESTRIAN-ORIENTED PUD (PO-PUD) DISTRICT TO THE RD-2
TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 13155-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Jans Corporation (Dale Jans)
28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1312 N. ARCHER DR. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 13179-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): G & D Harr Construction, LLC (Gary Harr)
29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 812 S. GRANGE AVE. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 13187-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Bluegill Properties, LLC (Blaine Fopma)
30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 4201 N. MARION RD. FROM THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL–SUBURBAN DISTRICT, NO. 13189-2020, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Hazeltine Partners, LLC (Steve Vanbuskirk)
31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. MADISON ST. AND N. WILLOW CREEK AVE.
FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-
1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13190-2020,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (4-0).
Private Applicant(s): Six Mile Partners (Steve Vanbuskirk)
32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 100 E. 85TH ST. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RA-1 APARTMENT
RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13194-2020, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): MK Investments, LLC (Erica Mullaly)
33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING
ORDINANCE 89-20 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
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 COMMNET CELLULAR INC.
D/B/A VERIZON WIRELESS WITHIN McKENNAN PARK.
Sponsor: Mayor
HEARINGS AND RESOLUTIONS
35. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF THE MARKET AT GRAND PRAIRIE DEVELOPMENT (13193-2020). The
Planning Commission recommends approval (4-0).
Private Applicant(s): AE2S (Kevin Smith)
36. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT
GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR
REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS.
Sponsor: Mayor
37. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR
POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF
POLICE LODGE NO. 1 L.C.
Sponsor: Mayor
38. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR
LOCAL 814, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
Sponsor: Mayor
39. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR
LOCAL 519, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES.
Sponsor: Mayor
40. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF SIOUX FALLS AND AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES.
Sponsor: Mayor
41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
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)
42. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
November 27, 2020.
NEW BUSINESS
43. MOTION TO APPOINT RYAN LAUSENG AS INTERNAL AUDITOR.
Sponsors: Council Members Kiley and Selberg
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: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA
ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL;
AND, 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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