City Council Meeting

MINUTES City Council Meeting Tuesday, July 21, 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 Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 2. INVOCATION  Erica Varcoe, Seminary Student/Local Pulpit Supply Pastor 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Council Member Marshall Selberg, Chair CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 14, 2020  City Council Meeting of Tuesday, July 14, 2020 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated July 17, 2020. 8. Notice of change orders on the memorandum dated July 17, 2020. 9. Approval of surplus property disposition on the memorandum dated June 30, 2020. 10. Report of Requests for Quotes for Fuel dated: July 8, 2020; Unleaded Ethanol (3,000 Gallons) and Dyed Diesel #2 (12,500 Gallons); Cole’s Petroleum (Unleaded $1.5547 and Dyed Diesel $1.3036); Harms Oil (Unleaded $1.6182 and Dyed Diesel $1.3689); Vollan Oil (Unleaded $1.5545 and Dyed Diesel $1.3125); Stern Oil (Unleaded $1.5985 and Dyed Diesel $1.339); Olson Oil and Howes Oil, both no bid. Bid awarded to: Cole’s Petroleum. 11. Report of Requests for Quotes for Fuel dated: July 13, 2020; Unleaded Ethanol (8,500 Gallons); Vollan Oil ($1.5547); Harms Oil (Unleaded $1.6017); Parkland (Unleaded $1.559); Cole’s Petroleum (Unleaded $1.5667); Howes Oil, no bid. Bid awarded to: Vollan Oil. 12. Sioux Area Metro Report of Requests for Quotes for Fuel dated: July 14, 2020; 9000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil: #2 Clear Diesel ($1.58); Harms Oil: #2 Clear Diesel ($1.685); CHS, Inc.: #2 Clear Diesel ($1.61); Howes Oil., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc /Farstad Oil. APPLICATIONS 13. Renewal of 2020-21 Retail Malt Beverage/SD Farm Wine License for Stubbies Bar & Grill, 5024 South Cliff Avenue. 14. Renewal of 2020-21 Retail Malt Beverage/SD Farm Wine License for Remedy Brewing Company, 401 East 8th Street, Suite 120. 15. Special One-Day Liquor License for TSlat Inc., JJ’s Wine, Spirits & Cigars to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a wedding on August 1, 2020. Pending final inspections per Health. NOTICE OF HEARINGS 16. Set a date of hearing for Tuesday, August 4, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine & Cider License for Kelly Midwest Ventures LP, Hyatt Place Sioux Falls, 4935 Lake Shore Boulevard (CUP Not required). 17. Set a date of hearing for Tuesday, August 4, 2020. Transfer of 2020 Retail Wine & Cider License, 2020 Package Liquor License and 2020-21 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Grevco Inc., Shop N Cart North, 1029 North Minnesota Avenue, to FCO LLC, Shop N Cart North, 1029 North Minnesota Avenue. 18. Set a date of hearing for Tuesday, August 4, 2020. Transfer of 2020 Package Liquor License from EBJ Inc., Liquor Mart South, 5004 South Cliff Avenue, to ODJ Enterprises LLC, Liquor Mart South, 5004 South Cliff Avenue. 19. Set a date of hearing for Tuesday, August 4, 2020. Special One-Day Liquor License for TSlat Inc, JJ’s Wine, Spirits & Cigars, to be operated at Sanford Event Barn, 2510 East 54th Street North, for a wedding on August 15, 2020. 20. Set a date of hearing for Tuesday, August 11, 2020. 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. 21. Set a date of hearing for Tuesday, August 11, 2020. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 22. Set a date of hearing for Tuesday, August 11, 2020. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 23. Set a date of hearing for Tuesday, August 11, 2020. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 24. Set a date of hearing for Tuesday, August 11, 2020. 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. REGULAR AGENDA 25. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 26. PUBLIC INPUT Theresa Stehly presented flowers to Council Member Jensen and spoke about boulevard gardening. Bob Kolbe spoke about Kiwanis Park and Pioneer Monument. Dennis Haugen spoke about moving to Sioux Falls and issues with homelessness. Brett Cooper spoke about instituting a city-wide mask mandate.  Sierra Broussard spoke about crime in the City, pheasant season, and licensure. David Zokaites spoke about public input decorum. Tim Stanga spoke about last week's meeting and the Council leadership election. Ryan Tysdale spoke about the importance of developers to growth in the City. UNFINISHED BUSINESS 27. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Classical Gass LLC, Classical Gass, 200 South Main Avenue (CUP not required). A motion was made by Council Member Neitzert and seconded by Council Member Erickson to withdraw Item 27. Roll call vote to withdraw. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Henrichsen Construction LLC, Monks Ale House, 420 East Eighth Street. Pending final inspections per Health. 29. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Edward Zeyon, Joana Kitchen & Bar, 323 North West Avenue (CUP not required). 30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for BOB LLC, Blue Rock Bar & Grill, 4021 North Bobhalla Drive (CUP not required). 31. Transfer of 2020 Package Liquor License from Grevco Inc., Shop N Cart East, 4301 East 12th Street, to AD Association LLC, Shop N Cart East, 4301 East 12th Street (CUP not required). 32. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Shenanigan’s Pub Inc., Shenanigan’s Sports Bar & Grill, 1903 South Ellis Road. 33. Transfer of 2020 Package Liquor License from Shenanigan’s Pub Inc., Shenanigan’s Sports Bar & Grill, 1903 South Ellis Road, to Commonwealth Gaming & Holdings Co., Inc, Tinner’s Public House, 449 West 69th Street. 34. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Hoffberger Escape LLC to be operated at 610 West 49th Street for a special event on July 25, 2020. 35. Special One-Day Malt Beverage License for El Riad Shriners to be operated at Nyberg’s Ace parking lot, 200 East 12th Street, First Avenue between 11th Street and  14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 25, 2020. 36. Special One-Day Malt Beverage Licenses for Almost Home Canine Rescue to be operated at the east parking lot, 300 North Cherapa Place and Multi-Cultural Center, 515 North Main Avenue (alternate location in event of inclement weather), for 605 Summer Classic on August 8, 2020. 37. Special One- Day Liquor License and Special One-Day Off-Sale Wine License for Catholic Community Foundation for Eastern South Dakota to be operated at the Avera Tech Building, 212 East 11th Street, for a fundraiser on August 29, 2020. 38. Special One-Day Liquor License for K & P Enterprises to be operated at The Nickel Spot parking lot, 2918 South Minnesota Avenue, for an special event on August 29, 2020. 39. Special One-Day Liquor License for the Zoological Society of Sioux Falls to be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a fundraiser on August 12, 2020. 40. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizen Services Inc., to be operated at Active Generations, 2300 West 46th Street, for Gourmet Guys fundraiser on August 30, 2020. 41. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club (course only), 3101 West 22nd Street, for a PGA Tour Champions Event to be held September 6-13, 2020. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Items 28 through 41. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 36 “FINANCES,” SECTION 36.029 “PUBLICATION OF ADVERTISEMENT FOR BIDS.” A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 62-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 4101 S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 12302-2020, 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, August 4, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 4, 2020 for Item 43. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION. Recommendation: Set a date of 2nd Reading for Tuesday, August 4, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 4, 2020 for Item 44. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE REAL ESTATE FROM THE CITY. Recommendation: Set a date of 2nd Reading for Tuesday, August 4, 2020. A motion was made by Council Member Brekke and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, August 4, 2020 for Item 45. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 46. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 12355- 2020—OLLERICH ADDITION) A motion was made by Council Member Neitzert and seconded by Council Member Selberg to adopt Resolution No. 80-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 80-20 ANNEXATION 12355-2020—OLLERICH ADDITION  A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. 41st St. and Ellis Rd. 4. Sanitary sewer is available for development connection. 5. City of Sioux Falls water is available for development connection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory: The South Half of the Southeast Quarter (S1/2SE1/4) of Section 28, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, except Tracts 1, 2 and 3 of Ollerich’s Addition in the Southeast Quarter (SE1/4) contained therein and except Lot H-1 contained therein and except County Auditor’s Lot R-1 contained therein; AND Tract 1 of Ollerich’s Addition in the Southeast Quarter (SE1/4) of Section 28, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, according to the recorded plat thereof, except County Auditor's Lot H-1 contained therein and except Lot H-2 contained therein. And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 07/21/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Kiley to adjourn at 7:52 p.m. Voice vote to adjourn. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk