City Council Meeting
Regular MeetingSioux Falls, SD · December 15, 2020
Minutes
MINUTES
City Council Meeting
Tuesday, December 15, 2020 at 6:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
Present: Council Member Curt Soehl, Council Member Pat Starr, Council Member
Janet Brekke (Via telecom), Council Member Christine M. Erickson (Via telecom),
Council Member Alex Jensen (Via telecom), Council Member Rick Kiley (Via telecom),
Council Member Greg Neitzert, Council Member Marshall Selberg
Absent: Mayor Paul TenHaken
2. INVOCATION
Dr. Ron Tottingham, Sioux Empire Baptist Temple
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Starr to place Sub-Item 10 from Agenda Item
6 on the Regular Agenda for Council Discussion (Fire; Extending Lease Agreement for
two ambulances with equipment for use by Fire/Rescue to provide for surge capacity
ambulance service on a limited capacity for an additional term of 90 days ending
2/21/2021; Paramedics Logistics South Dakota, LLC dba PatientCare EMS; $1.00 per
month per vehicle). 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: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, December 8, 2020
City Council Meeting of Tuesday, December 8, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated December 11, 2020.
A motion was made by Council Member Starr and seconded by Council Member Soehl
to approve Sub-Item 10 from Agenda Item 6.
Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
7. Notice of change orders on the memorandum dated December 11, 2020.
8. Report of Requests for Quotes for Fuel dated: December 3, 2020. Unleaded (7,500
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 $1.5382.
9. Report of Requests for Quotes for Fuel dated: December 7, 2020; Dyed Diesel #1
(2,000 Gallons) and Dyed Diesel #2 (2,000 Gallons); Howes Oil (Dyed Diesel #1 $1.788
& Dyed Diesel #2 $1.6500); Vollan Oil (Dyed Diesel #1 $1.652 & Dyed Diesel #2
$1.5171); Farstad Oil, Olson Oil, and CHS, Inc., all no bid. Bid awarded to: Vollan Oil.
10. Report of Requests for Quotes for Fuel dated: December 7, 2020; Unleaded (4,000
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 Unleaded $1.5776.
APPLICATIONS
11. 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 D.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
12. City of Sioux Falls, 2245 S. Wheatland Ave., Parcel #9149, for 2019 property taxes in
the amount of $2,079.34. Reason: The property is exempt from the tax.
REGULAR AGENDA
13. 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: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Sub-Item 10 from Agenda Item 6 was heard at this time. See Agenda Item 6 for action
taken.
UNFINISHED BUSINESS
14. 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. 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. Renewal of 2021 Retail Wine & Cider License for La Quinta Inn & Suites 4521 West
21st Street.
17. 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.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to approve Agenda Items 14 through 17.
Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
18. 2nd 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.
Sponsors: Council Members Soehl and Kiley
A motion was made by Council Member Soehl and seconded by Council Member Kiley
to adopt Ordinance No. 114-20.
Roll call vote to adopt. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Selberg; 2 No:
Erickson, Neitzert. Motion Passed.
ORDINANCE FIRST READINGS
19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED WEST OF S. RICHIE DR. AND SOUTH OF W.
BROEK DR. FROM THE AG AGRICULTURE DISTRICT TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13329-2020, 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, January 5, 2021.
Private Applicant(s): Ehrhart Griffin & Associates (Damian Grable)
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, January 5, 2021 for Item 19.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT N. CAREER AVE. AND W. FRANK BOYCE
DR. FROM THE I-1 LIGHT INDUSTRIAL, LW LIVE-WORK, O OFFICE, AND C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE I-1
INDUSTRIAL, LW LIVE-WORK, AND C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICTS, NO. 13340-2020, 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, January 5, 2021.
Private Applicant(s): Boyce Park Partners I, LLC (Marlyn Bergeson)
A motion was made by Council Member Soehl and seconded by Council Member
Selberg to set a date of 2nd Reading for Tuesday, January 5, 2021 for Item 20.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5001 S. SYCAMORE AVE. FROM THE AG AGRICULTURE
DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICT, NO. 13392-2020, 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, January 5, 2021.
Private Applicant(s): Commonland II (Kirby Muilenburg)
A motion was made by Council Member Soehl and seconded by Council Member
Selberg to set a date of 2nd Reading for Tuesday, January 5, 2021 for Item 21.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2100 E. WALNUT ST. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN AND REC RECREATION DISTRICTS
TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO.
13381-2020, 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, January 5, 2021.
Private Applicant(s): Willadsen Lund Engineering Corp (Eric Willadsen)
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, January 5, 2021 for Item 22.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT SOUTHWEST OF W. 22ND ST. AND S.
ELLIS RD. FROM THE O OFFICE DISTRICT TO THE LW LIVE/WORK DISTRICT, NO.
13281 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (4-1) with the following
condition(s): 1. Maximum height of 2 stories (35 feet) for any buildings further than 200
feet from Ellis Road; AND 2. Minimum Level C Buffer Yard required along south
property line; AND 3. Maximum of 80 total residential units on site.
Recommendation: Set a date of 2nd Reading for Tuesday, January 5, 2021.
Private Applicant(s): KN Construction
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, January 5, 2021 for Item 23.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
AMENDMENT NO. 1 TO THE SPONSORSHIP AGREEMENT FOR THE MIDCO®
AQUATIC CENTER BETWEEN THE CITY OF SIOUX FALLS, SD, AND PJ IOWA, DBA
PAPA JOHN’S.
Recommendation: Set a date of 2nd Reading for Tuesday, January 5, 2021.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Selberg to set a date of 2nd Reading for Tuesday, January 5, 2021 for Item 24.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
25. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
(ANNEXATION 013337-2020—HANDAAN ADDITION.)
Private Applicant(s): D. Anenson
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 144-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 144-20
ANNEXATION 013337-2020—HANDAAN 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, the owners of the property proposed to be annexed have executed an
Annexation Agreement specifying conditions under which their property may be
annexed for the City’s consideration;
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. 85th St. and S. Cliff Ave.
4. The owner will be responsible for construction of a private lift station that will
discharge into the Diamond Valley Lift Station. The current per acre cost of Res
#118-09 (Diamond Valley Sanitary Sewer—Private cost recovery) is set at
$3,251.25 and will be adjusted based on the acreage to the current cost
recovery area.
5. City water is available from the north of the proposed annexation area off of E.
85th St.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the recitals set forth above are hereby made part of this resolution and
incorporated herein as if fully set forth.
That the document attached to and part of this resolution entitled “Annexation
Agreement” is hereby approved and incorporated herein as if fully set forth.
That the Mayor is authorized to sign such agreement.
BE IT FURTHER RESOLVED:
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:
The East 40 feet (E40') of the Northwest Quarter of the Northeast Quarter
(NW1/4NE1/4) of Section 23, Township 100 North, Range 50 West of the 5th P.M.,
Lincoln County, South Dakota.
The West 40 feet (W40') and the South 40 feet (S40') of the Northeast Quarter of the
Northeast Quarter (NE1/4NE1/4) of Section 23, Township 100 North, Range 50 West
of the 5th P.M., Lincoln County, South Dakota.
The Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) of Section 23,
Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota,
except the South 500 feet (S500') of the Southeast Quarter of the Southeast Quarter
of the Northeast Quarter (SE1/4SE1/4NE1/4) of Section 23, Township 100 North,
Range 50 West of the 5th P.M., Lincoln County, South Dakota.
The Southwest Quarter of the Northeast Quarter (SW1/4NE1/4) of Section 23,
Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota.
BE IT FURTHER RESOLVED:
The City expressly accepts all property dedicated for public use in the annexed area
and rights of way thereto, including any streets, alleys, roads, parks, public grounds,
sewers, culverts, bridges, water distribution lines, sidewalks, and other public
improvements on or under the streets, alleys, roads, service roads, parks, and public
grounds.
BE IT FURTHER RESOLVED:
That the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County,
SD, a duly certified transcript of this resolution.
BE IT FURTHER RESOLVED:
The City shall publish the resolution, without attachment, after its passage. The
attachment is on file and available for inspection in the office of the City Clerk.
Date adopted: 12/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
26. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN
STANDARDS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Brekke to adopt Resolution No. 145-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 145-20
A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN
STANDARDS.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City of Sioux Falls Engineering Design Standards adopted by Resolution 111-
19 are hereby amended by revising Chapter 9, Sanitary Sewers; Chapter 10, Water
Mains; and Chapter 12, Erosion and Sediment Control. The revised chapters are
attached to this resolution by reference.
Date adopted: 12/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
27. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE
PRIORITIES FOR THE 2021 STATE LEGISLATIVE SESSION.
Sponsors: Council Members Erickson and Neitzert
A motion was made by Council Member Erickson and seconded by Council Member
Brekke to adopt Resolution No. 146-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 146-20
A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE
PRIORITIES FOR THE 2021 STATE LEGISLATIVE SESSION.
WHEREAS, the City Charter states that the Sioux Falls City Council is the policy
making and legislative body of the City of Sioux Falls; and
WHEREAS, the Sioux Falls City Council serves on the South Dakota Municipal
League’s policy committees and supports the League’s 2021 Statements of Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. The Sioux Falls City Council supports legislation allowing alternative publication
options for local government.
2. The Sioux Falls City Council supports legislation providing county commissions
the option to reduce the number of official newspapers to one.
3. The Sioux Falls City Council supports legislation that expands workforce-housing
opportunities in South Dakota.
4. The Sioux Falls City Council supports legislation to allow a local option, a gross
receipts tax on alcoholic beverages, to fund county services.
5. The Sioux Falls City Council supports tax increment financing (TIF), an economic
development tool that has led to millions of dollars in increased property value,
benefitting both the state as a whole and the local entities sponsoring the districts,
while at the same time maintaining the integrity of the process.
6. The Sioux Falls City Council supports legislation that provides additional funding
for mental health, drug and alcohol education, intervention, and treatment
programs.
7. The Sioux Falls City Council supports cooperative activities between county and
municipal governments, the protection of existing joint activities, and elimination of
barriers that hinder the creation of such arrangements.
8. The Sioux Falls City Council supports efforts to eliminate double taxation on public
projects through the state use and contractor’s excise taxes.
9. The Sioux Falls City Council supports state funding initiatives to mitigate the
emerald ash borer infestation.
10. The Sioux Falls City Council supports eliminating presumptive probation for Class
5 and 6 felonies as it relates to controlled substances.
11. The Sioux Falls City Council places a high priority on safeguarding and conserving
both the quality and quantity of our area’s natural amenities. Government, in
partnership with business, should share responsibility in conserving, enhancing,
and protecting our water quality, air quality, and land. Given the substantial public
and private investments to develop the river greenway, and the potential to
develop a first-class amenity in our community, strategies to support a cleanup of
the Big Sioux River and its tributaries should be identified and implemented.
12. The Sioux Falls City Council embraces the opportunities that our state’s growing
diversity provides for a culturally and talent-rich community. We will work with the
governor, the legislature, state agencies, and elected officials to develop efforts to
engage and include all individuals. Legal immigration and refugee resettlement are
proven and vital strategies to combat workforce shortages. We will also oppose
initiatives that inappropriately sanction or discriminate against individuals or
groups.
13. The Sioux Falls City Council supports legislation that eliminates any regulatory
barriers within state law that prevents or stifles the creation of triage centers, which
provide detoxification services to those seeking treatment for substance abuse,
and crisis stabilization for mental health issues.
14. The Sioux Falls City Council supports legislation that promotes pollinator friendly
plantings on all state-owned properties and right-of-way.
15. The Sioux Falls City Council urges the State of South Dakota to provide adequate
funding to reconstruct a portion of Slip Up Creek Rd. from 476th Ave. to the South
Dakota State Veterans Cemetery.
16. The Sioux Falls City Council supports the efforts to raise the bid limit for supplies
and services from $25,000 to $50,000.
Date adopted: 12/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
28. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, OUTLINING THE
EXPECTATIONS FOR THE PEOPLE OF SIOUX FALLS TO TAKE ACTION TO SLOW
THE SPREAD OF THE VIRUS THAT CAUSES COVID-19. (ONE SIOUX FALLS
COVID-19 ACTION PLAN.)
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 147-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 147-20
ONE SIOUX FALLS COVID-19 ACTION PLAN
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, OUTLINING THE
EXPECTATIONS FOR THE PEOPLE OF SIOUX FALLS TO TAKE ACTION TO SLOW
THE SPREAD OF THE VIRUS THAT CAUSES COVID-19.
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a
pandemic, and the U.S. Centers for Disease Control and Prevention (“CDC”) has
declared a public health emergency; and
WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring
an emergency to address the novel Coronavirus COVID-19; and
WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of
South Dakota in response to the COVID-19 pandemic; and
WHEREAS, on July 7, 2020, the Governor issued Executive Order 2020-30 declaring
that a State of Emergency continues to exist in all counties in the State of South
Dakota, which Executive Order remains in effect until December 30, 2020, unless
sooner terminated or extended; and
WHEREAS, as of December 8, 2020, within Minnehaha County there are 3,923
confirmed active cases of COVID-19; and
WHEREAS, as of December 8, 2020, within Lincoln County there are 1,049 confirmed
active cases of COVID-19; and
WHEREAS, as of December 8, 2020, within the State of South Dakota there are
16,783 confirmed active cases of COVID-19; and
WHEREAS, the CDC recommends certain actions for the mitigation of transmission of
COVID-19, including, but not limited to, social distancing measures, wearing a mask in
certain settings, and utilizing proper cleaning measures; and
WHEREAS, SDCL § 9-29-1 and SDCL § 9-32-1 confer upon municipalities the power
to do what may be necessary or expedient for the promotion of health and safety of the
community, or for the suppression of disease; and
WHEREAS, we must avoid activities that are higher risk for transmission of the virus
that causes COVID-19;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
The City of Sioux Falls exhorts the people of Sioux Falls to take action to slow the
spread of the virus that causes COVID-19.
Section 1: Masks shall be worn in all settings where at least six feet of physical
distancing cannot be maintained from people who are not a member of one’s
household. The following individuals are excluded from such requirement:
Children under the age of five;
Individuals who have medical conditions or disabilities preventing them from
safely wearing a mask;
Individuals who are actively participating in an athletic or sporting event; or
Individuals who are actively consuming food or drink.
Section 2: Individuals shall wash their hands regularly, cover their coughs, disinfect
high-touch surfaces frequently, maintain physical distance from others who are not a
member of their household, and stay at home if they are ill other than to obtain proper
medical care.
Section 3: Individuals should monitor their physical and emotional health daily, and
safely seek the help and support they may require to get and stay healthy. Individuals
are encouraged to be a good neighbor by checking in on others in their neighborhood
and community.
Section 4: Businesses should consider moving to remote work environments if
possible.
Section 5: Individuals are encouraged to patronize businesses and organizations that
have joined the “Safer Sioux Falls” pledge with the Greater Sioux Falls Chamber of
Commerce.
Section 6. This resolution is hereby declared necessary for the immediate preservation
of the public health, safety, and welfare of the city and shall become effective
immediately upon its passage and publication pursuant to SDCL § 9-19-13.
Section 7. This resolution shall expire on March 13, 2021, unless extended, amended,
or earlier terminated by subsequent resolution.
Date adopted: 12/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 148-20.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 148-20
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
Timothy Edman Solid Waste Planning Appointed for a term from
Board January 2021 to January 2024
(to replace Benjamin Tiensvold as
citizen representative).
Date adopted: 12/15/20 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NOTICE OF HEARINGS FOR STREET VACATIONS
30. A RESOLUTION VACATING THE WEST 33' OF THE SE1/4 OF THE SE1/4, LYING
ADJACENT TO TRACT 1 KNOCHENMUS 2ND ADDITION, AND ALSO LYING
ADJACENT TO THE SW1/4 OF THE SE1/4 ALL IN SECTION 12, TOWNSHIP 101N,
RANGE 49W, MINNEHAHA COUNTY, SD (LISTED AS FUTURE STREET RIGHT-OF-
WAY AS RECORDED AS PLAT 95540 IN BOOK 69 OF PLATS, PAGE 8), AS SHOWN
ON EXHIBIT A.
Recommendation: Set a date of hearing for Tuesday, January 12, 2021.
Private Applicant(s): Golden Gateway, LLC
A motion was made by Council Member Starr and seconded by Council Member Soehl
to set a date of hearing for Tuesday, January 12, 2021 for Item 30.
Roll call vote to set a date of hearing. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen,
Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
NEW BUSINESS
There was none.
ITEMS ADDED AFTER AGENDA DEADLINE
31. APPROVAL OF AN AMENDMENT TO CONTRACT NO. 20-4175, AFFORDABLE
HOUSING SOLUTIONS, TO ADD IN THE CONSTRUCTION COST AND PROVIDE
FUNDS UP TO $223,384.
A motion was made by Council Member Erickson and seconded by Council Member
Soehl to approve Agenda Item 31.
Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
GENERAL PUBLIC INPUT
Sierra Broussard spoke about landlords and offered a recommendation to have a
"disorderly houses" ordinance.
David Zokaites thanked Council Chair Neitzert for his chairing of the meeting.
Tim Stanga spoke about the turnout of citizens to speak about the Tuthill House.
ADJOURNMENT
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adjourn at 8:44 p.m.
Voice vote to adjourn. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA (Revised 12/14/20)
City Council Meeting
Tuesday, December 15, 2020 at 6:00 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 Curt Soehl
Council Member Pat Starr
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Alex Jensen
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Mayor Paul TenHaken
2. INVOCATION
Dr. Ron Tottingham, Sioux Empire Baptist Temple
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, December 8, 2020
City Council Meeting of Tuesday, December 8, 2020
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated December 11, 2020.
7. Notice of change orders on the memorandum dated December 11, 2020.
8. Report of Requests for Quotes for Fuel dated: December 3, 2020. Unleaded (7,500
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 $1.5382.
9. Report of Requests for Quotes for Fuel dated: December 7, 2020; Dyed Diesel #1
(2,000 Gallons) and Dyed Diesel #2 (2,000 Gallons); Howes Oil (Dyed Diesel #1 $1.788
& Dyed Diesel #2 $1.6500); Vollan Oil (Dyed Diesel #1 $1.652 & Dyed Diesel #2
$1.5171); Farstad Oil, Olson Oil, and CHS, Inc., all no bid. Bid awarded to: Vollan Oil.
10. Report of Requests for Quotes for Fuel dated: December 7, 2020; Unleaded (4,000
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 Unleaded $1.5776.
APPLICATIONS
11. 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 D.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
12. City of Sioux Falls, 2245 S. Wheatland Ave., Parcel #9149, for 2019 property taxes in
the amount of $2,079.34. Reason: The property is exempt from the tax.
REGULAR AGENDA
13. APPROVAL OF THE REGULAR AGENDA
UNFINISHED BUSINESS
14. 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. 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. Renewal of 2021 Retail Wine & Cider License for La Quinta Inn & Suites 4521 West
21st Street.
17. 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.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
18. 2nd 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.
Sponsors: Council Members Soehl and Kiley
ORDINANCE FIRST READINGS
19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED WEST OF S. RICHIE DR. AND SOUTH OF W.
BROEK DR. FROM THE AG AGRICULTURE DISTRICT TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13329-2020, 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, January 5, 2021.
Private Applicant(s): Ehrhart Griffin & Associates (Damian Grable)
20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT N. CAREER AVE. AND W. FRANK BOYCE
DR. FROM THE I-1 LIGHT INDUSTRIAL, LW LIVE-WORK, O OFFICE, AND C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE I-1
INDUSTRIAL, LW LIVE-WORK, AND C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICTS, NO. 13340-2020, 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, January 5, 2021.
Private Applicant(s): Boyce Park Partners I, LLC (Marlyn Bergeson)
21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5001 S. SYCAMORE AVE. FROM THE AG AGRICULTURE
DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICT, NO. 13392-2020, 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, January 5, 2021.
Private Applicant(s): Commonland II (Kirby Muilenburg)
22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2100 E. WALNUT ST. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN AND REC RECREATION DISTRICTS
TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO.
13381-2020, 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, January 5, 2021.
Private Applicant(s): Willadsen Lund Engineering Corp (Eric Willadsen)
23. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PORTION OF PROPERTY LOCATED AT SOUTHWEST OF W. 22ND ST. AND S.
ELLIS RD. FROM THE O OFFICE DISTRICT TO THE LW LIVE/WORK DISTRICT, NO.
13281 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (4-1) with the following
condition(s): 1. Maximum height of 2 stories (35 feet) for any buildings further than 200
feet from Ellis Road; AND 2. Minimum Level C Buffer Yard required along south
property line; AND 3. Maximum of 80 total residential units on site.
Recommendation: Set a date of 2nd Reading for Tuesday, January 5, 2021.
Private Applicant(s): KN Construction
24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
AMENDMENT NO. 1 TO THE SPONSORSHIP AGREEMENT FOR THE MIDCO®
AQUATIC CENTER BETWEEN THE CITY OF SIOUX FALLS, SD, AND PJ IOWA, DBA
PAPA JOHN’S.
Recommendation: Set a date of 2nd Reading for Tuesday, January 5, 2021.
Sponsor: Mayor
HEARINGS AND RESOLUTIONS
25. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
(ANNEXATION 013337-2020—HANDAAN ADDITION.)
Private Applicant(s): D. Anenson
26. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN
STANDARDS.
Sponsor: Mayor
27. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE
PRIORITIES FOR THE 2021 STATE LEGISLATIVE SESSION.
Sponsors: Council Members Erickson and Neitzert
28. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, OUTLINING THE
EXPECTATIONS FOR THE PEOPLE OF SIOUX FALLS TO TAKE ACTION TO SLOW
THE SPREAD OF THE VIRUS THAT CAUSES COVID-19. (ONE SIOUX FALLS
COVID-19 ACTION PLAN.)
Sponsor: Mayor
29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
NOTICE OF HEARINGS FOR STREET VACATIONS
30. A RESOLUTION VACATING THE WEST 33' OF THE SE1/4 OF THE SE1/4, LYING
ADJACENT TO TRACT 1 KNOCHENMUS 2ND ADDITION, AND ALSO LYING
ADJACENT TO THE SW1/4 OF THE SE1/4 ALL IN SECTION 12, TOWNSHIP 101N,
RANGE 49W, MINNEHAHA COUNTY, SD (LISTED AS FUTURE STREET RIGHT-OF-
WAY AS RECORDED AS PLAT 95540 IN BOOK 69 OF PLATS, PAGE 8), AS SHOWN
ON EXHIBIT A.
Recommendation: Set a date of hearing for Tuesday, January 12, 2021.
Private Applicant(s): Golden Gateway, LLC
NEW BUSINESS
ITEMS ADDED AFTER AGENDA DEADLINE
31. APPROVAL OF AN AMENDMENT TO CONTRACT NO. 20-4175, AFFORDABLE
HOUSING SOLUTIONS, TO ADD IN THE CONSTRUCTION COST AND PROVIDE
FUNDS UP TO $223,384.
GENERAL PUBLIC INPUT
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 FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY.
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.
DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE
MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE
LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA
AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION.
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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