City Council Meeting

MINUTES City Council Meeting Tuesday, February 18, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: Council Member Rick Kiley 2. INVOCATION  Pastor Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Janet Brekke to place Sub-Item 21 from Agenda Item 6 on the Regular Agenda for Council discussion (21; Water Reclamation; Water Reclamation Facility Expansion; Amendment to Legal Services Agreement; Woods, Fuller, Schultz & Smith, PC; $50,000). 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. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 11, 2020  City Council Meeting of Tuesday, February 11, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 14, 2020. A motion was made by Council Member Soehl and seconded by Council Member Erickson to approve Sub-Item 21 from Agenda Item 6. Roll call vote to approve. 6 Yes: Stehly, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Brekke was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 7. Report of Requests for Quotes for Fuel dated: February 6, 2020; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Vollan Oil (Dyed Diesel #1 $1.885 & Dyed Diesel #2 $1.705); Cole Petroleum (Dyed Diesel #1 $1.8785 & Dyed Diesel #2 $1.697); CHS (Dyed Diesel #1 $1.925 & Dyed Diesel #2 $1.725); Parkland (Dyed Diesel #1 $1.876 & Dyed Diesel #2 $1.701); Stern Oil and Olson Oil, both no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: February 10, 2020; Clear Dyed Diesel #1 (400 Gallons) & Clear Dyed Diesel #2 (400 Gallons) & Unleaded (800 Gallons); Vollan Oil (Clear Dyed Diesel #1 $2.2475 & Clear Dyed Diesel #2 $2.062 & Unleaded $ 1.899); Howes Oil (Clear Dyed Diesel #1 $2.1800 & Clear Dyed Diesel #2 $2.0075 & Unleaded $1.954); CHS, Parkland, Stern Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil. APPLICATIONS The City Council concurs with the Lincoln County Director of Equalization's recommendation for approval of the following abatement: 9. Parcel #280.84.09.020B, for 2020 property taxes in the amount of $1,404.86. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 10. Set a date of hearing for Tuesday, March 3, 2020. Transfer of 2020 Package Liquor License from Belay Abebe, Mercato, 631 West 11th Street, to Michaele Guley, Mercato, 631 West 11th Street (CUP not required). 11. Set a date of hearing for Tuesday, March 3, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Williquors Inc., to be operated at USD Community Center, 4801 North Career Avenue, for a special event on March 12, 2020. 12. Set a date of hearing for Tuesday, March 3, 2020. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a Saint Patrick’s Day family event on March 17, 2020. 13. Set a date of hearing for Tuesday, March 3, 2020. Special One-Day Malt Beverage License for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive, for a Cinco De Mayo fiesta on May 9, 2020. 14. Set a date of hearing for Tuesday, March 3, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Interstate House of Pancakes Inc., Roll n Pin to be operated at Open Space, 6212 South Pinnacle Place, for a wedding reception on March 14, 2020. 15. Set a date of hearing for Tuesday, March 3, 2020. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (Various Leases) 16. Set a date of hearing for Tuesday, March 10, 2020. A RESOLUTION DECLARING THE NECESSITY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, CONSTRUCT SIDEWALK, SANITARY SEWER MAIN, WATER MAIN, STORM SEWER, ASPHALT SURFACING, AND STREETLIGHTS ON W. TEEM ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. REGULAR AGENDA 17. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 18. PUBLIC INPUT Berdene Whipkey spoke about the frustration she has had with the City in trying to open a restaurant in her home. She explained that she spoke to various departments about the proper steps that needed to be taken, but was eventually told by Planning that the business could not be operated. Mayor Paul TenHaken noted that correspondence was received from her and the City is addressing it. David Zokaites spoke about public forum speech. Steven Siano expressed support for David Zokaites' comments and explained that he has been trying to get his emails to the Council published. He also expressed dissatisfaction with the Council's laws and rules regarding public input. Sub-Item 21 to Agenda Item 6 was heard at this time. See Agenda Item 6 for action taken. UNFINISHED BUSINESS 19. Transfer of 2019-20 Retail Malt Beverage and 2020 Retail Wine License from Josiah’s LP, Josiah’s Coffeehouse & Café, 104 West 12th Street, to Three’s Company LLC, Josiah’s Coffeehouse, Café & Bakery, 104 West 12th Street. 20. Special One-Day Liquor License for T Slat, JJ’ Wine, Spirits & Cigars to be operated at Open Space Event Hall, 6212 South Pinnacle Place, for Improv Night on February 22, 2020. 21. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a fundraiser on February 22, 2020. 22. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizens Services Inc, Active Generations, 2300 West 46th Street, for special events on February 22, March 12, April 26, and June 25, 2020. 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Augustana University to operated at the Elmen Center, 2505 South Grange Avenue, for a special event on March 27, 2020. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Items 19 through 23. Roll call vote to approve. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 12TH ST. AND EAST OF S. SIX MILE RD. JUST WEST OF THE BIG SIOUX RIVER FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 11597-2020, 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, March 3, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 24. Roll call vote to set a date of 2nd Reading. 6 Yes: Stehly, Brekke, Erickson, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Neitzert was not present for the vote on this motion. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF I-229, SOUTH OF E. 34TH ST. N., AND EAST OF N. ST. PAUL AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 11599-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): 1. The AD4 (Attached Dwelling - Traditional eight-unit townhome) form is only allowed to build  up to a twin home or duplex. 2. A 6-foot screening fence is required instead of a 4-foot fence within the Level A buffer yard. Recommendation: Set a date of 2nd Reading for Tuesday, March 3, 2020. A motion was made by Council Member Soehl and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 25. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 808 S. GRANGE AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11585-2019, 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 Tuesday, March 3, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 26. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. ARROWHEAD PKWY., WEST OF S. VETERANS PKWY., AND NORTH OF E. 18TH ST. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE CN CONSERVATION AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 11622-2020, 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, March 3, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 27. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. BISON TRL. AND S. VINEYARD AVE. FROM THE O OFFICE DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 11602-2020, 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 Tuesday, March 3, 2020. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 28.  Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1507 S. NORTON AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 11601-2020, 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 Tuesday, March 3, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 29. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NW CORNER OF E. 26TH ST. AND S. VETERANS PKWY. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 11596-2020, 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, March 3, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 30. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE AMENDMENT TO AND EXTENSION OF THE LEASE OF CITY PROPERTY TO WR RESTAURANTS MANAGEMENT, L.L.C. Recommendation: Set a date of 2nd Reading for Tuesday, March 3, 2020. A motion was made by Council Member Brekke and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, March 3, 2020 for Item 31. Roll call vote to set a date of 2nd Reading. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 32. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (132 N. Dakota Ave.) A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Resolution No. 23-20.  Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 23-20 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2, if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the city of Sioux Falls once at least ten days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: The West 85 feet of Lots 1 and 2 in Block 10 of J.L. Phillipsʼ Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof, commonly known as 132 N. Dakota Ave., the City Hall Annex each for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value. Date adopted: 02/18/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 33. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED FEBRUARY 7, 2020. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 7:56 p.m. Voice vote to adjourn. 7 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Choose an item.