City Council Meeting

MINUTES City Council Meeting Tuesday, July 16, 2019 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 Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: Council Member Curt Soehl, Council Member Theresa Stehly 2. INVOCATION  Pastor Tricia Johnson, Celebrate Community Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place sub-item 15 from Agenda Item 6 on the Regular Agenda for Council discussion (Parks/Recreation; Sherman Park Improvements-Buffalo Retaining Wall-Bid Award and Contracts; Dakotaland Sod, Inc.; $208,750). A motion was made by Council Member Kiley and seconded by Council Member Starr to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 9, 2019  City Council Meeting of Tuesday, July 9, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 12, 2019. A motion was made by Council Member Starr and seconded by Council Member Brekke to approve Sub-Item 15 to Agenda Item 6. Roll call vote to approve. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated July 12, 2019. 8. Sioux Area Metro Report of Requests for Quotes for Fuel dated: July 9, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.248); Harms Oil ($2.2454); CHS, Inc. ($2.26); Howes Oil, Petroleum Traders, and Midwest Oil, all no bid. Bid awarded to: Harms Oil. 9. Approval of a request from David and Lorie Larson to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on Tuesday, October 4, 2019, for the following purpose: wedding rehearsal supper. APPLICATIONS 10. Renewal of 2019-20 Retail Malt Beverage/SD Farm Wine License for Dakota Seafood Fresh Market, 5009 South Western Avenue, Suite 200. 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Empire Fair Association Inc., to be operated at Stockyards Ag Experience, 301 East Falls Park Drive, for a Food Fair on July 31, 2019. NOTICE OF HEARINGS 12. Set a date of hearing for Monday, August 5, 2019. Transfer of 2019 Retail Liquor License from Corner Pocket of Sioux Falls Inc., Corner Pocket, 301 South Thompson Avenue, to Dave & Buster’s of South Dakota Inc., Dave & Buster’s, 2690 South Lorraine Place (full service restaurant; CUP not required). 13. Set a date of hearing for Monday, August 5, 2019. New 2019 Retail Wine and Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Black Events & Advertising Inc., Escapades, 3509 South Norton Avenue (CUP not required). 14. Set a date of hearing for Monday, August 5, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America, Chef Dominique’s Catering to be operated at Avera Health, 6100 South Louise Avenue, for a social on August 22, 2019. 15. Set a date of hearing for Monday, August 5, 2019. Special One-Day Wine Licenses for Butterfly House & Aquarium, 4320 South Oxbow Avenue, for Adult Night Out on August 13 and September 12, 2019. 16. Set a date of hearing for Tuesday, August 13, 2019. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 17. Set a date of hearing for Tuesday, August 13, 2019. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 18. Set a date of hearing for Tuesday, August 13, 2019. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 19. Set a date of hearing for Tuesday, August 13, 2019. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 20. Set a date of hearing for Tuesday, August 13, 2019. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. REGULAR AGENDA 21. 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 Erickson and seconded by Council Member Kiley to amend the Regular Agenda by moving Item 35 to immediately follow Item 28. Roll call vote to amend. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 22. PUBLIC INPUT Bruce Danielson spoke about the stalled downtown parking ramp project and the earlier disregard by elected officials of opposition from some members of the public. Scott Ehrisman spoke about the stalled parking ramp project and noted there has been no updates or apologies about the project. He also spoke about accountability of those involved in the project. Bob Peterson spoke about a code enforcement case that was not sufficiently investigated. He made several phone calls for inspectors to look at the subject property, but has not received a response.  David Zokaites spoke about the responsiveness of some employees and elected officials. Tim Stanga spoke about his concern for the Whittier Neighborhood and efforts to improve the area. He suggested more action is needed by the City to assist. Sierra Broussard spoke about access to elected officials, discrimination, a fight in the Whittier Neighborhood, and the Police Department. Steven Siano spoke about having difficulty getting to meetings, not having his letters made a part of the record, and alleged fraud by the V.A. UNFINISHED BUSINESS Sub-Item 15 to Agenda Item 6 was heard at this time. See item for action taken. 23. New 2019-20 Retail Malt Beverage License for Shalom Coffee House & Restaurant, 1701 E 10th Street, with Conditional Use Permit (4509-2016) being approved in 2016. 24. Transfer of 2019 Retail Liquor License from Blackstreet Partners LLC, 2101 West 69th Street, Suite 101, to T180 Development LLC, Tavern 180, 2101 West 69th Street, Suite 107, Conditional Use Permit (9426-2018) being approved on November 7, 2018. 25. Transfers of 2019 Retail Wine and Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License from Fuji Sushi & Hibachi of Sioux Falls Inc., 2801 West 41st Street, to Fuji Sushi & Hibachi SD Inc., 2801 West 41st Street (CUP not required). 26. Special One-Day Liquor License for IJK Inc, to be operated at the Avera IT parking lot, 212 East 11th Street, for a Teddy Bear Den fundraiser on July 27, 2019. 27. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Panacea Brewing Company LLC to be operated at 8th & Railroad Shopping Center east parking lot, 401 East 8th Street, for fundraising events on July 19, 20, 26, August 10, and September 27, 28. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to approve Items 23 through 27. Roll call vote to approve. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR FUNDING IMPROVEMENTS TO THE SIOUX FALLS STATE THEATRE.  A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Ordinance No. 77-19. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend Agenda Item 28 by replacing "Entertainment Tax Fund" under Funding Source with "General Fund". Roll call vote to amend. 1 Yes: Starr; 5 No: Kiley, Neitzert, Selberg, Brekke, Erickson. Motion Failed. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Item 35 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY NEAR 61ST ST. AND SEVILLE PL. FROM THE CN CONSERVATION DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 10486-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (5-0). Recommendation: Set a date of 2nd Reading for Monday, August 5, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Monday, August 5, 2019 for Item 29. Roll call vote to set a date of 2nd Reading. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF PROPERTY LOCATED NEAR THE SW CORNER OF E. LINDEN LN. AND S. GORDON DR. FROM THE RS SINGLE-FAMILY RESIDENITAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT NO. 10359-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (6-0). Recommendation: Set a date of 2nd Reading for Monday, August 5, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Monday, August 5, 2019 for Item 30. Roll call vote to set a date of 2nd Reading. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NEAR 57TH ST. AND OLD YANKTON TRL. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 10360-2019, 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 Monday, August 5, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Monday, August 5, 2019 for Item 31. Roll call vote to set a date of 2nd Reading. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY NEAR E. 18TH ST. AND S. VETERANS PKWY. FROM THE O OFFICE, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE LW LIVE-WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 10493-2019, 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 Monday, August 5, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Monday, August 5, 2019 for Item 32. Roll call vote to set a date of 2nd Reading. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF INTERSTATE 229 AND NORTH OF E. RICE ST. FROM THE CN CONSERVATION DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 10497-2019, 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 Monday, August 5, 2019. A motion was made by Council Member Selberg and seconded by Council Member Brekke to set a date of 2nd Reading for Monday, August 5, 2019 for Item 33. Roll call vote to set a date of 2nd Reading. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 3209 N. WAYLAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 9847-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Monday, August 5, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Monday, August 5, 2019 for Item 34. Roll call vote to set a date of 2nd Reading. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 35. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A STATE THEATRE GIFT AGREEMENT BETWEEN THE CITY AND THE SIOUX FALLS STATE THEATER COMPANY. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 62-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 62-19 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A STATE THEATRE GIFT AGREEMENT BETWEEN THE CITY AND THE SIOUX FALLS STATE THEATER COMPANY. WHEREAS, an operational historic State Theatre would serve to promote downtown and the City of Sioux Falls, attracting visitors to the community, and facilitating growth and prosperity for downtown and the whole community; and WHEREAS, an economic impact study dated April 2019 supports that an operational State Theatre will lead to greater economic prosperity in downtown Sioux Falls, positively impacting nearby businesses; and WHEREAS, the State Theatre is a historic structure in downtown Sioux Falls, originally opening in 1926, which discontinued use in 1991, and upon reopening will further develop cultural awareness for residents of the community; and WHEREAS, the City currently owns and operates the historic Orpheum Theater which is funded through the Entertainment Tax; and WHEREAS, it is common for municipalities to own historic theaters, but it is presently deemed in the City’s interest for the historic State Theatre to be owned and operated by the 501(C)(3) nonprofit entity, Sioux Falls State Theater Company; and WHEREAS, the State Theatre is an entertainment facility which will also collect and remit entertainment taxes to the City of Sioux Falls; and WHEREAS, the State Theatre has received a pledge of financial support from a third- party donor to fund renovation and improvements to reopen the historic State Theatre, which gift is contingent upon financial support from the City of Sioux Falls; and WHEREAS, the State Theatre has been under rehabilitation for years and without the support from the City of Sioux Falls or the third-party donor may continue to deteriorate to the point of becoming a public safety hazard, in addition to potentially losing an important historic and cultural landmark in the community; and  WHEREAS, the State Theatre is closely aligned to the mission of the entertainment tax model by promoting arts and entertainment programing including first run, art, foreign, local, classic, and documentary films; and WHEREAS, the State Theatre will benefit the public through civic and cultural engagement by providing free field trips designed specifically for children and 1,000 free tickets annually to underprivileged youth for the duration of the Gift Agreement; and WHEREAS, the City of Sioux Falls hereby supports a one-time appropriation up to $1,500,000, as appropriated from the City of Sioux Falls’ Entertainment Tax Fund, for the repair and rehabilitation of the State Theatre’s external structure and other interior health and safety projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That it approves the document titled “State Theatre Gift Agreement” (Gift Agreement). That said Gift Agreement is attached hereto and made part of this resolution as if set out in full. Section 3. That the Mayor is authorized to sign such Gift Agreement including the City Gift Disbursement Agreement attached to the Gift Agreement marked Exhibit C after it is ratified and executed by the Sioux Falls State Historic Theater Company. Section 4. The City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 07/16/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 36. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to adopt Resolution No. 63-19. Roll call vote to adopt. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 63-19 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 Aaron Norman Planning Commission Appointed for a term from July 2019 to July 2024 (to replace Steve Gaspar). Jacqueline Cole Zoning Board of Adjustment Reappointed for a term from July 2019 to July 2022. Date adopted: 07/16/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Neitzert to adjourn at 8:46 p.m. Voice vote to adjourn. 6 Yes: Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk