City Council Meeting

AGENDA City Council Meeting Tuesday, December 19, 2023, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Mayor Paul TenHaken 2. INVOCATION  Pastor Jordan Louks, Associate Pastor, First United Methodist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council with one vote. Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council member, an item may be removed from the consent agenda and placed on the regular agenda whenever that council member believes additional discussion on the item is necessary”. Items removed from the Consent Agenda are typically considered after Approval of the Regular Agenda. 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 12, 2023  City Council Meeting of Tuesday, December 12, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 15, 2023. 7. Notice of change orders on the memorandum dated December 15, 2023. APPLICATIONS 8. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit D. REGULAR AGENDA The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up for consideration are presented and public comment is taken prior to the making of motions. For Regular Agenda items, comments 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. 9. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS Unfinished Business includes select items that have come over from a previous meeting and do not otherwise belong under a subsequent heading on the agenda. Pending motions may also be included under Unfinished Business. Actions: Presentation, Public Comment (five minutes for items up for final consideration; otherwise three minutes), Council Questions, Motion, Debate, Vote (vote required varies by item type). 10. New 2023-24 Retail Malt Beverage License for Big Chiefin, 3709 West 41st Street, Suite 2. 11. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for The Parkwood, 7800 South Western Avenue. 12. New 2023-24 Retail Malt Beverage License for Hacienda Jalisco Restaurant, 1309 East Benson Road. 13. New 2023 Retail Liquor License for Boss LLC, 5915 East 26th Street. INTRODUCTION AND ADOPTION OF ORDINANCES The title of each ordinance is read twice with at least five days intervening between the first and second reading (SDCL 9-19-7). ORDINANCE SECOND READINGS Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous meeting. Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five affirmative votes by members of the Council for adoption of ordinances (some ordinances require six affirmative votes for adoption)). 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Sponsors: Council Members Merkouris and Selberg Background & Objective: This ordinance updates the election precincts within city limits, based on the precinct updates from Minnehaha and Lincoln counties to reduce legislative splits and to reduce the wait times for voters standing in line to vote. ORDINANCE FIRST READINGS The City Council typically sets the date of second reading for ordinances listed as first readings. Actions: Presentation, Public Comment (three minutes), Council Questions, Motion, Debate, Vote (majority of members present). 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 60TH ST. N. AND EAST OF N. SYCAMORE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 18931 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 2, 2024. Private Applicant(s): City of Sioux Falls Background & Objective: The purpose of this rezone request is to allow for the construction of a City shop and offices and match the zoning of the waste water treatment plant to the south. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ROBUR DR. AND EAST OF N. INTERCHANGE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 18962-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 2, 2024. Private Applicant(s): Van Buskirk Companies, LLC - Brian Jackson Background & Objective: The purpose of this rezoning is to allow for the construction of a detention pond. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 57TH ST. AND EAST OF VETERANS PKWY. FROM THE AG AGRICULTURE AND C-4 COMMERCIAL—REGIONAL DISTRICTS TO THE CN CONSERVATION, S-2 INSTITUTIONAL CAMPUS PUD DISTRICT, NO. 18964-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 2, 2024. Private Applicant(s): Sanford Health – Austin Parks Background & Objective: The purpose of this rezoning is to create a campus plan and preserve the drainage area with the CN Conservation zoning. 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF S. SYCAMORE AVE.  FROM THE LW LIVE-WORK, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, AND RD 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE RT 2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 18966-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 2, 2024. Private Applicant(s): Empire Companies, LLC – Jesse Morris Background & Objective: The purpose of this rezoning is to allow for the construction townhomes utilizing the AD4 form. 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 160: ZONING, SUBCHAPTER OFF-PREMISES SIGNS The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 2, 2024. Background & Objective: The proposed ordinance adopts the industry standard (six seconds) "Hold Time" for digital billboards; protects sensitive uses, not corridors; and allows the replacement of non-conforming signs. HEARINGS AND RESOLUTIONS Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no action required for said item. Actions: Presentation, Public Comment (five minutes for items up for final consideration; three minutes otherwise), Council Questions, Motion, Debate, Vote (majority of members present on most items). 20. Deferred from the meeting of Tuesday, December 5, 2023; A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING DESIGNATION OF A BRIDGE OVER THE BIG SIOUX RIVER ON EAST SIXTH STREET. Sponsor: Mayor Background & Objective: To name the bridge over the Big Sioux River to Unity Bridge located at the E. Sixth St. public right-of-way between N. 1st Ave. and Reid Pl. 21. Deferred from the meeting of Tuesday, December 12, 2023; A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018492- 2023—RMB N 1/2 SW 1/4. Sponsor: Mayor Background & Objective: Property owner is requesting annexation of 80 acres of contiguous property into municipal limits for urban development. 22. A RESOLUTION IN SUPPORT OF HIDDEN VALLEY STABLES FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) FUNDING Sponsor: Mayor Background & Objective: The Housing Infrastructure Fund was created, to be administered by South Dakota Housing, for the purpose of making loans and grants for housing infrastructure projects. 23. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor Background & Objective: The resolution appoints/reappoints members to the: Mechanical Board of Appeals and Examiners and Plumbing Board of Appeals and Examiners. 24. A MOTION FOR THE CITY OF SIOUX FALLS TO SUPPORT A JOINT RESOLUTION TO BE PROVIDED DURING THE 2024 SOUTH DAKOTA LEGISLATIVE SESSION APPROVING A FUTURE USE WATER PERMIT APPLICATION BY LEWIS & CLARK REGIONAL WATER SYSTEM, AND TO AUTHORIZE THE MAYOR TO SIGN. Sponsor: Mayor Background & Objective: The Lewis & Clark Regional Water System (L&C) currently has a total of 47.7 million gallons a day (MGD) of ground water rights from the Missouri-Elk Point Aquifer (53,442 acre feet/year). In 2022 L&C started construction to expand the System from 44.19 MGD to 60 MGD, which is expected to be completed in 2031. In April 2023 L&C submitted an application to the South Dakota Department of Agriculture & Natural Resources (DANR) for an additional 17.07 MGD (19,121 acre feet/year), which accounting for treatment and line losses is the amount of additional capacity needed in order to deliver 60 MGD of firm capacity. DANR and the South Dakota Geological Survey conducted their analysis, which led to an approval recommendation of L&C’s application based on three factors: 1.) there is enough capacity in the Missouri – Elk Point Aquifer, 2.) there is a demonstrated need for the capacity and the need would be a beneficial use of the water, and 3.) existing water rights will not be impaired. There was a public comment period on L&C’s application and no comments were submitted. State statute requires legislative approval for any water right application that exceeds 10,000 acre feet before the South Dakota Water Management Board can take final action, which last occurred in 1994 and coincidentally was for L&C. The South Dakota Water Management Board at their July 12, 2023, hearing voted unanimously to present L&C’s application to the Legislature with an approval recommendation. 25. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2024 STATE LEGISLATIVE SESSION. Sponsors: Council Members Merkouris and Selberg Background & Objective: This is the annual resolution establishing the city's priorities for the upcoming 2024 legislative session. 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) These items are read into the record with no action taken by the City Council. Some reports are formally presented. 26. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: November 30, 2023. NEW BUSINESS  During consideration of new business, the Mayor or any two City Council members may bring before the City Council any business that person feels should be deliberated upon by the City Council. These matters can be added to the agenda by a vote of six City Council members and will be considered under new business. Formal action on these matters shall be deferred until a subsequent City Council meeting, unless consideration is necessary for the immediate preservation of the public peace, health or safety of the municipal government. If the City Council chooses to take immediate action on the newly calendared agenda item, an affirmative vote of six members of the Council is required for approval. (City Ordinance §30.014(d)). GENERAL PUBLIC INPUT During General Public Input, comments shall last no more than three minutes per person and comments are limited to topics which do not involve agenda items appearing earlier in the agenda as comments will have already been received for those items (City Ordinance §30.015). ADJOURNMENT A motion to adjourn is decided without debate and without the need for a roll call vote. Actions: Motion and Voice Vote 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.