City Council Meeting

MINUTES Regular City Council Meeting Wednesday, June 3, 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 Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Mayor Paul TenHaken Absent: None 2. INVOCATION  Reverend Jonathan Langerak, Heritage Protestant Reformed 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 4 from Agenda Item 6 on the Regular Agenda for Council Discussion (4, Health Department; Agreement to provide reimbursement of case management expenses incurred for vulnerable individuals in the City who tested positive for COVID-19 and who have received medical clearance to be released from the Recovery Center; Minnehaha County; $75,000.00. See Agenda Item 6 for action taken. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 19, 2020  City Council Meeting of Tuesday, May 19, 2020   Special City Council Meeting of Tuesday, May 26, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 29, 2020. A motion was made by Council Member Starr and seconded by Council Member Soehl to approve Sub-Item 4 to Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated May 29, 2020. 8. Report of Requests for Quotes for Fuel dated: May 19, 2020; Dyed Diesel #2 (7,500 Gallons and Unleaded 8,500 Gallons); Harms Oil (Dyed Diesel #2 $1.0603 and Unleaded $1.3111); Parkland Oil (Dyed Diesel #2 $1.063 and Unleaded $1.3215); Coles Petroleum (Dyed Diesel #2 $1.0536 and Unleaded $1.2962); Vollan Oil (Dyed Diesel #2 $1.069 and Unleaded $1.3165); Olson Oil, CHS Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated: May 22, 2020; Dyed Diesel #2 (4,000 Gallons and Unleaded 4,000 Gallons); Vollan Oil (Dyed Diesel #2 $1.0015 and Unleaded $1.3393); Coles Petroleum (Dyed Diesel #2 $1.034 and Unleaded $1.384); Olson Oil, CHS Oil and Farstad Oil, all no bid. Bid awarded to: Vollan Oil. APPLICATIONS 10. Special One-Day Liquor Licenses for Great Bear Recreation Park Inc., 5901 East Rice Street, for special events on June 20, July 25, August 15, October 10, 24 and 30, 2020. 11. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Parcel #37720, for 2019 property taxes in the amount of $1,281.49. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 13. Parcel #45293, for 2018 property taxes in the amount of $95.18. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 14. Parcel #45293, for 2019 property taxes in the amount of $1,528.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 15. Parcel #48529, for 2019 property taxes in the amount of $1,398.75. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 16. Parcel #49142, for 2018 property taxes in the amount of $504.07. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 17. Parcel #49142, for 2019 property taxes in the amount of $1,528.56. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 18. Parcel #55583, for 2019 property taxes in the amount of $1,026.03. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 19. Parcel #67001, for 2018 property taxes in the amount of $128.07. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 20. Parcel #67001, for 2019 property taxes in the amount of $1,528.58. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 21. Parcel #75025, for 2019 property taxes in the amount of $1,528.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 22. Set a date of hearing for Tuesday, June 16, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Covert Artisan Ales LLC, Covert Cellars, 434 East 8th Street (CUP not required). 23. Set a date of hearing for Tuesday, June 16, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Gaming Inc., Crown Casino 41 III, 2516 West 41st Street, Suite 300, with Conditional Use Permit (0001798-2014) being approved on November 5, 2014. 24. Set a date of hearing for Tuesday, June 16, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Crown Gaming Inc., Crown Casino 41 III, 2516 West 41st Street, Suite 300. 25. Set a date of hearing for Tuesday, June 16, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Quan Holdings LLC2, Crown Casino East III, 2417 East 10th Street, Suite B, with Conditional Use Permit (11818-2020) being approved on April 1, 2020. 26. Set a date of hearing for Tuesday, June 16, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Quan Holdings LLC2, Crown Casino East III, 2417 East 10th Street, Suite B. 27. Set a date of hearing for Tuesday, June 16, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9.5, 3401 West 85th Street, Suite B, with Conditional Use Permit (9890-2019) being approved on March 6, 2019. 28. Set a date of hearing for Tuesday, June 16, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9.5, 3401 West 85th Street, Suite B. 29. Set a date of hearing for Tuesday, June 16, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9, 3401 West 85th Street, Suite A, with Conditional Use Permit (9890-2019) being approved on March 6, 2019. 30. Set a date of hearing for Tuesday, June 16, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 9, 3401 West 85th Street, Suite A. 31. Set a date of hearing for Tuesday, June 16, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 7.5A, 4713 East 26th Street, Suite A, with Conditional Use Permit (002928- 2015) being approved on August 5, 2015. 32. Set a date of hearing for Tuesday, June 16, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co., Deuces Casino 7.5A, 4713 East 26th Street, Suite A. 33. Set a date of hearing for Tuesday, June 16, 2020. Renewal of 2020-21 Retail Malt Beverage License for 57th Street Lodging Partners, Hampton Inn & Suites, 3701 West Avera Drive. REGULAR AGENDA 34. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 35. PUBLIC INPUT John Cunningham spoke about a Rice Street to Russell Street connecto and the damage being done to trees by insects. Heather Pastor spoke about the loss of family members; the recent riot at the mall; and her experiences with the police department. James Reed spoke about an incident at Hy-Vee and the recent riot activity in the city.  Mark Weber spoke about the labor market and statistical information. David Zokaites spoke about protesting racism. Donald Striver spoke about putting safety first and alcoholism. Tim Stanga spoke about giving thanks to police officers; and activity at the polling precincts. Sierra Broussard spoke about serving as a poll worker; hiring in the City Clerk's office; and political activity being about black power. UNFINISHED BUSINESS 36. Deferred from the meeting of Wednesday, May 6, 2020; Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020. 37. Deferred from the meeting of Wednesday, May 6, 2020; Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3, August 7, and September 4, 2020. 38. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine & Cider License for the Breaks Coffee Roasting Co., 311 East 12th Street (CUP not required). Pending final inspection per Building Services. 39. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Black Diamond Casino III, 5113 West 41st Street, Suite 103, with Conditional Use Permit (11665-2020) being approved on March 4, 2020. Pending permit issuance and final inspection per Building Services. 40. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Black Diamond Casino III, 5113 West 41st Street, Suite 103, with Conditional Use Permit (11665-2020) being approved on March 4, 2020. Pending permit issuance and final inspection per Building Services. 41. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Great Shots, 2505 West Benson Road (CUP not required). 42. Transfer of 2020 Package Liquor License from Arsiya Inc., 5021 North Annika Drive, to Mifive Inc., 5021 North Annika Avenue (CUP not required). 43. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from Arsiya Inc., 5021 North Annika Drive, Suite 101, to Mifive Inc., 5021 North Annika Avenue, Suite 101 (CUP not required).  A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve Items 36 through 43. Roll call vote to approve. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RA 2 APARTMENT—MODERATE DENSITY, AND LW LIVE-WORK DISTRICT(S), NO. 11986-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 49-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1212 S. MAIN AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 11978-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Soehl and seconded by Council Member Neitzert to adopt Ordinance No. 50-20. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1404 S. FOSS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 11974 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Development of this parcel is regulated to the AD1, AD2 or AD3 Forms only. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 51-20.  Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2201 W. BITTERROOT ST. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND O OFFICE DISTRICT(S), NO. 11948- 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 52-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 48. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 57TH AND BAHNSON AVENUE ADDITION (12003-2020). The Planning Commission recommends approval (3-2). A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 65-20. Roll call vote to adopt. 7 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Stehly, Brekke; 1 No: Starr. Motion Passed. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn the meeting at 8:25 p.m. Voice vote to adjourn. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk