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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 2, 2021

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Minutes

MINUTES Regular City Council Meeting Tuesday, March 2, 2021 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 Marshall Selberg (Via telecom), Council Member Curt Soehl (Via telecom), Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Tom Rooney, Director, Direct Line Prayer Center 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 Erickson to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 16, 2021  City Council Meeting of Tuesday, February 16, 2021  Informational Meeting of Tuesday, February 23, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 26, 2021. 7. Notice of change orders on the memorandum dated February 26, 2021. 8. Report of Requests for Quotes for Fuel dated: February 10, 2021; Dyed Diesel #1 (2,000 Gallons) and Dyed Diesel #2 (2,000 Gallons); Vollan Oil (Dyed Diesel #1 $2.0107 and Dyed Diesel #2 $ 1.8911). Olson Oil, Howes Oil and Coles Petroleum, all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: February 10, 2021: Unleaded (4,000 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 Unleaded $1.9794. 10. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 10, 2021; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil #1 Clear Diesel ($2.2855) and #2 Clear Diesel ($2.176); Harms Oil #1 Clear Diesel ($2.284) and #2 Clear Diesel ($2.1714). Howes Oil, Petroleum Traders, CHS, Inc., and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 11. Report of Requests for Quotes for Fuel dated: February 18, 2021; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Vollan Oil (Dyed Diesel #1 $2.266 and Dyed Diesel #2 $ 1.9926); Coles Petroleum (Dyed Diesel #1$2.298 and Dyed Diesel #2 $2.0325); Harms Oil (Dyed Diesel #1 $2.2897 and Dyed Diesel #2 $2.017); Olson Oil, CHS Inc. and Howes Oil, all no bid. Bid awarded to: Vollan Oil. 12. Report of Requests for Quotes for Fuel dated: February 18, 2021: Unleaded (7,000 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 Unleaded $2.1527. 13. Report of Requests for Quotes for Fuel dated: February 12, 2021; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $2.0129 and Dyed Diesel #2 $1.8508. 14. Report of Requests for Quotes for Fuel dated: February 12, 2021: Unleaded (2,500 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 Unleaded $1.9676. APPLICATIONS 15. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for a movie viewing & reception on March 16, 2021. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 16. Jian Feng Wu, 7401 S. Ballymore Circle, Parcel #281.31.05.031, for 2020 property taxes in the amount of $2,119.66. Reason: The property is exempt from the tax. 17. Parcel #280.14.21.009, for 2020 property taxes in the amount of $2,089.14. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, March 16, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sense Hospitality LLC, Harvester Kitchen by Bryan, 196 East 6th Street, Suite 101 (CUP not required). 19. Set a date of hearing for Tuesday, March 16, 2021. New 2021 Retail Wine & Cider License, requesting off-sale use only, for Breadico, 6219 South Western Avenue (CUP not required). 20. Set a date of hearing for Tuesday, March 16, 2021. Transfer of 2021 Retail Liquor License from Vanguard Hospitality IV, Turks & Caicos Cabana Grill, 5001 South Western Avenue, to Let it Fly South Dakota LLC, 5001 South Western Avenue. 21. Set a date of hearing for Tuesday, March 16, 2021. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, from Aashna LLC, Aashna Asian Market, 4713 East Arrowhead Parkway, to Mali Market LLC, Mali Market, 4713 East Arrowhead Parkway. 22. Set a date of hearing for Tuesday, March 16, 2021. Transfer of 2021 Retail Wine & Cider License and Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, effective May 1, 2021, from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Mali Market LLC, business name to be determined, 4719 East Arrowhead Parkway. 23. Set a date of hearing for Tuesday, March 16, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive, for a social event on March 30, 2021. 24. Set a date of hearing for Tuesday, March 16, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for River Greenway Hospitality to be operated at Midwest Living, 716 East 19th Street, for a business event on June 12, 2021. REGULAR AGENDA 25. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend by moving: item 43 to immediately follow item 34; item 44 to immediately follow item 38; and items 45 & 46 to immediately follow Item 40. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 26. Transfer of 2021 Retail Wine & Cider License and 2021 Package Liquor License from Luciano’s North LTD, Luciano’s North, 720 South Highline Place, to Cellar 54 LLC, Cellar 54, 720 South Highline Place (CUP not required). 27. Transfer of 2021 Retail Liquor License from RRK Wireless LLC, 512 North Main Avenue, to RoundHouse BrewPub-South Dakota Inc., RoundHouse BrewPub, 1515 East 69th Street, with Conditional Use Permit (CU-013390-2020) being approved on December 2, 2020. Pending change in use and building permit issuance and final inspections per Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for RoundHouse Brew Pub, 1515 East 69th Street. Pending change in use and building permit issuance and final inspections per Building Services. 29. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Juba International Market LLC, 1512 East 10th Street (CUP not required). 30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Bauer Enterprises LLC, Four Hills, 2800 East Marson Drive, with Conditional Use Permit (CU-013621-2020) being approved on February 3, 2021. Pending change in use and building permit issuance and final inspections per Building Services. 31. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Four Hills, 2800 East Marson Drive. Pending change in use and building permit issuance and final inspections per Building Services. 32. New 2021 Retail Wine & Cider License for Bonus Round Bar, 127 West 10th Street. 33. Special One-Day Liquor License for T Slat, JJ’s Wine, Spirits & Cigars to be operated at Sanford Event Barn, 2510 East 54th Street North, for Summit League Viewing Parties on March 6, 7, 8 and 9, 2021. A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve Agenda Items 26 through 33. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO SIOUX FALLS DEVELOPMENT FOUNDATION, INC., IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-THREE, CITY OF SIOUX FALLS. Private Applicant(s): Sioux Falls Development Foundation A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 23-21. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Brekke, Erickson, Jensen, Kiley, Neitzert; 1 No: Starr. Motion Passed. Agenda Item 43 was heard at this time. See Agenda Item 43 for action taken. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 69TH ST. AND EAST OF S. SYCAMORE AVE. FROM THE AG AGRICULTURE TO THE POPUD PEDESTRIAN-ORIENTED PLANNED UNIT DEVELOPMENT, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, AND C-4 COMMERCIAL—REGIONAL DISTRICTS, NO. 13645-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Ronning Enterprises Inc (Chuck Point) A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 24-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 49TH ST. AND EAST OF S. GRANGE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 13647-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): REM Construction Services (Paul Reynolds) A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Ordinance No. 25-21. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 702 S. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Aaron George Properties (Aaron George) A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Ordinance No. 26-21. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND WEST OF N. MARION RD. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 13657-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Norman Engineering Inc. (Aaron Norman) A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 27-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Agenda Item 44 was heard at this time. See Agenda Item 44 for action taken. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 209 S. SPRING AVE. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13671-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): The Gathering Place, LLC (Cindy Tripp) A motion was made by Council Member Jensen and seconded by Council Member Brekke to adopt Ordinance No. 28-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ORDINANCE NO. 8-21. Recommendation: Set a date of 2nd Reading for Tuesday, March 9, 2021. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, March 9, 2021 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Agenda Items 45 and 46 were heard at this time. See Agenda Items 45 and 46 for action taken. 41. 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, March 9, 2021. Sponsors: Council Members Kiley and Soehl A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 9, 2021 for Item 41. Roll call vote to set a date of 2nd Reading. 6 Yes: Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 2 No: Erickson, Neitzert. Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 31-20 AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF THE CODE OF ORDINANCES OF SIOUX FALLS, SD, PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). Recommendation: Set a date of 2nd Reading for Tuesday, March 16, 2021. Sponsors: Council Members Starr and Jensen A motion was made by Council Member Starr and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, March 16, 2021 for Item 42. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 43. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-THREE, CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Mayor Sioux Falls Development Foundation A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 20-21. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Brekke, Erickson, Jensen, Kiley, Neitzert; 1 No: Starr. Motion Passed. RESOLUTION NO. 20-21 A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-THREE, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission recommended approval of the Project Plan for Tax Incremental District Number Twenty-Three, City of Sioux Falls, which identifies certain development activities and public improvements to be undertaken by the City or private developers and paid for, in whole or in part, from the collection of tax increment revenues derived from the district; and WHEREAS, the tax increment project plan is both economically feasible and in conformity with the adopted Shape Sioux Falls 2040 Comprehensive Plan; and WHEREAS, the District was created by Resolution No. 110-20 and was effective on October 9, 2020; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Project Plan for Tax Incremental District Number Twenty-Three, as attached, is hereby approved. BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL 11-9, the Mayor is authorized to negotiate all necessary tax increment bonds, contracts, and agreements for implementation of the Project Plan, including the transfer of positive tax increment revenues to the developer(s) of the real property within District Twenty-Three up to a maximum of $94,371,313 plus interest, all in accordance with state statutes, including, but not limited to, SDCL 11-9, all local ordinances, resolutions, regulations, codes, growth plans, and the adopted Project Plan, all such bonds, contracts, and agreements subject to final Council approval and any Council-approved resolution or ordinance regarding Tax Incremental District Number Twenty-Three becoming effective. Date adopted: 03/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS ADDITION (13658-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Norman Engineering Inc. (Aaron Norman) A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Resolution No. 21-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 21-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS ADDITION (13658-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Jefferson Heights 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: 03/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION REPEALING RESOLUTION NO. 77-20 AND THE VACATION OF A TWO HUNDRED FIFTY-ONE (251') FOOT SECTION OF S. STOAKES AVE. AND ALL OF E. STOAKES CIR. IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Jensen to adopt Resolution No. 22-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 22-21 A RESOLUTION REPEALING RESOLUTION NO. 77-20 AND THE VACATION OF A TWO HUNDRED FIFTY-ONE (251') FOOT SECTION OF S. STOAKES AVE. AND ALL OF E. STOAKES CIR. IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. WHEREAS, on July 7, 2020, the City Council of the City of Sioux Falls adopted Resolution No. 77-20 based on a petition filed with Split Rock Township requesting that the following Two Hundred Fifty-One (251') foot section of S. Stoakes Ave. and all of E. Stoakes Cir. be vacated: That portion of S. Stoakes Ave. located between the north property line of Lot 6 of Block 1 of Split Rock Heights 3rd Addition and the currently platted S. Stoakes Ave. cul- de-sac located Two Hundred Fifty-One (251') feet to the north AND all of E. Stoakes Cir. from S. Stoakes Ave. to the east; Also described as: Lot 6 Harr’s Subdivision of Tract 1 of Pleasant View Acres in the North Half (N1/2) of the Southeast Quarter (SE1/4) of Section 19, Township 101 North, Range 48 West of the Fifth P.M., Minnehaha County, South Dakota; and WHEREAS, the petitioner Split Rock Township advised that errors exist in the previous resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Resolution No. 77-20 is hereby repealed. Date adopted: 03/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION APPROVING THE VACATION OF ALL OF E. STOAKES CIR. IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Erickson to adopt Resolution No. 23-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 23-21 A RESOLUTION APPROVING THE VACATION OF ALL OF E. STOAKES CIR. IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. WHEREAS, a petition was filed with Split Rock Township requesting that all of E. Stoakes Cir. from S. Stoakes Ave. to the east, Minnehaha County be vacated: Also described as: East Stoakes Circle lying adjacent to Lots 5 and 6 of Tract 3 of Pleasant View Acres Addition in the N1/2 of the SE1/4 and the S1/2 of the NE1/4 of Section 19, T101N, R48W of the 5th P.M., Minnehaha County, South Dakota WHEREAS, notice of hearing was given by Split Rock Township pursuant SDCL § 31- 3-7; and WHEREAS, a hearing was held on October 13, 2020, and the petition has been duly examined and investigated by the Split Rock Township board of supervisors, and said board of supervisors approved said petition by and through its Resolution 20-04 (attached); and WHEREAS; the above-described portions of E. Stoakes Cir. lie within the extraterritorial boundaries of the city of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL § 31-3-44, the City approves the vacation of the above- described E. Stoakes Cir. That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a transcript of such duly certified resolution. Date adopted: 03/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 24-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 24-21 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 Lee Jensen Falls Community Health Appointed for a term from Center Governing Board March 2021 to November 2021 (to fill the unexpired term of James Kellar). Moses Pessima Falls Community Health Appointed for a term from Center Governing Board March 2021 to March 2023 (to fill the unexpired term of Linda Hunt). Date adopted: 03/02/21 . 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. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED December 31, 2020. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sierra Broussard spoke about her concerns with the Police Department. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 8 p.m. Roll call vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA Regular City Council Meeting Tuesday, March 2, 2021 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 Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Janet Brekke Council Member Christine M. Erickson Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Mayor Paul TenHaken 2. INVOCATION  Tom Rooney, Director, Direct Line Prayer Center 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 16, 2021  City Council Meeting of Tuesday, February 16, 2021  Informational Meeting of Tuesday, February 23, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 26, 2021. 7. Notice of change orders on the memorandum dated February 26, 2021. 8. Report of Requests for Quotes for Fuel dated: February 10, 2021; Dyed Diesel #1 (2,000 Gallons) and Dyed Diesel #2 (2,000 Gallons); Vollan Oil (Dyed Diesel #1 $2.0107 and Dyed Diesel #2 $ 1.8911). Olson Oil, Howes Oil and Coles Petroleum, all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: February 10, 2021: Unleaded (4,000 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 Unleaded $1.9794. 10. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 10, 2021; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil #1 Clear Diesel ($2.2855) and #2 Clear Diesel ($2.176); Harms Oil #1 Clear Diesel ($2.284) and #2 Clear Diesel ($2.1714). Howes Oil, Petroleum Traders, CHS, Inc., and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 11. Report of Requests for Quotes for Fuel dated: February 18, 2021; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Vollan Oil (Dyed Diesel #1 $2.266 and Dyed Diesel #2 $ 1.9926); Coles Petroleum (Dyed Diesel #1$2.298 and Dyed Diesel #2 $2.0325); Harms Oil (Dyed Diesel #1 $2.2897 and Dyed Diesel #2 $2.017); Olson Oil, CHS Inc. and Howes Oil, all no bid. Bid awarded to: Vollan Oil. 12. Report of Requests for Quotes for Fuel dated: February 18, 2021: Unleaded (7,000 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 Unleaded $2.1527. 13. Report of Requests for Quotes for Fuel dated: February 12, 2021; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $2.0129 and Dyed Diesel #2 $1.8508. 14. Report of Requests for Quotes for Fuel dated: February 12, 2021: Unleaded (2,500 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 Unleaded $1.9676. APPLICATIONS 15. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for a movie viewing & reception on March 16, 2021. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 16. Jian Feng Wu, 7401 S. Ballymore Circle, Parcel #281.31.05.031, for 2020 property taxes in the amount of $2,119.66. Reason: The property is exempt from the tax. 17. Parcel #280.14.21.009, for 2020 property taxes in the amount of $2,089.14. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, March 16, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sense Hospitality LLC, Harvester Kitchen by Bryan, 196 East 6th Street, Suite 101 (CUP not required). 19. Set a date of hearing for Tuesday, March 16, 2021. New 2021 Retail Wine & Cider License, requesting off-sale use only, for Breadico, 6219 South Western Avenue (CUP not required). 20. Set a date of hearing for Tuesday, March 16, 2021. Transfer of 2021 Retail Liquor License from Vanguard Hospitality IV, Turks & Caicos Cabana Grill, 5001 South Western Avenue, to Let it Fly South Dakota LLC, 5001 South Western Avenue. 21. Set a date of hearing for Tuesday, March 16, 2021. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, from Aashna LLC, Aashna Asian Market, 4713 East Arrowhead Parkway, to Mali Market LLC, Mali Market, 4713 East Arrowhead Parkway. 22. Set a date of hearing for Tuesday, March 16, 2021. Transfer of 2021 Retail Wine & Cider License and Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, effective May 1, 2021, from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Mali Market LLC, business name to be determined, 4719 East Arrowhead Parkway. 23. Set a date of hearing for Tuesday, March 16, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive, for a social event on March 30, 2021. 24. Set a date of hearing for Tuesday, March 16, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for River Greenway Hospitality to be operated at Midwest Living, 716 East 19th Street, for a business event on June 12, 2021. REGULAR AGENDA 25. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 26. Transfer of 2021 Retail Wine & Cider License and 2021 Package Liquor License from Luciano’s North LTD, Luciano’s North, 720 South Highline Place, to Cellar 54 LLC, Cellar 54, 720 South Highline Place (CUP not required). 27. Transfer of 2021 Retail Liquor License from RRK Wireless LLC, 512 North Main Avenue, to RoundHouse BrewPub-South Dakota Inc., RoundHouse BrewPub, 1515 East 69th Street, with Conditional Use Permit (CU-013390-2020) being approved on December 2, 2020. Pending change in use and building permit issuance and final inspections per Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for RoundHouse Brew Pub, 1515 East 69th Street. Pending change in use and building permit issuance and final inspections per Building Services. 29. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Juba International Market LLC, 1512 East 10th Street (CUP not required). 30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Bauer Enterprises LLC, Four Hills, 2800 East Marson Drive, with Conditional Use Permit (CU-013621-2020) being approved on February 3, 2021. Pending change in use and building permit issuance and final inspections per Building Services. 31. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Four Hills, 2800 East Marson Drive. Pending change in use and building permit issuance and final inspections per Building Services. 32. New 2021 Retail Wine & Cider License for Bonus Round Bar, 127 West 10th Street. 33. Special One-Day Liquor License for T Slat, JJ’s Wine, Spirits & Cigars to be operated at Sanford Event Barn, 2510 East 54th Street North, for Summit League Viewing Parties on March 6, 7, 8 and 9, 2021. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO SIOUX FALLS DEVELOPMENT FOUNDATION, INC., IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-THREE, CITY OF SIOUX FALLS. Private Applicant(s): Sioux Falls Development Foundation 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 69TH ST. AND EAST OF S. SYCAMORE AVE. FROM THE AG AGRICULTURE TO THE POPUD PEDESTRIAN-ORIENTED PLANNED UNIT DEVELOPMENT, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, AND C-4 COMMERCIAL—REGIONAL DISTRICTS, NO. 13645-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Ronning Enterprises Inc (Chuck Point) 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 49TH ST. AND EAST OF S. GRANGE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 13647-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): REM Construction Services (Paul Reynolds) 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 702 S. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Aaron George Properties (Aaron George) 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND WEST OF N. MARION RD. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 13657-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Norman Engineering Inc. (Aaron Norman) 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 209 S. SPRING AVE. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13671-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): The Gathering Place, LLC (Cindy Tripp) ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ORDINANCE NO. 8-21. Recommendation: Set a date of 2nd Reading for Tuesday, March 9, 2021. Sponsor: Mayor 41. 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, March 9, 2021. Sponsors: Council Members Kiley and Soehl 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 31-20 AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF THE CODE OF ORDINANCES OF SIOUX FALLS, SD, PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). Recommendation: Set a date of 2nd Reading for Tuesday, March 16, 2021. Sponsors: Council Members Starr and Jensen HEARINGS AND RESOLUTIONS 43. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-THREE, CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sioux Falls Development Foundation 44. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS ADDITION (13658-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Norman Engineering Inc. (Aaron Norman) 45. A RESOLUTION REPEALING RESOLUTION NO. 77-20 AND THE VACATION OF A TWO HUNDRED FIFTY-ONE (251') FOOT SECTION OF S. STOAKES AVE. AND ALL OF E. STOAKES CIR. IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. Sponsor: Mayor 46. A RESOLUTION APPROVING THE VACATION OF ALL OF E. STOAKES CIR. IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. Sponsor: Mayor 47. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 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. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED December 31, 2020. NEW BUSINESS 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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