City Council Meeting

MINUTES City Council Meeting Tuesday, January 19, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Alex Jensen, Council Member Rick Kiley (Via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (Via telecom), Mayor Paul TenHaken Absent: Council Member Christine M. Erickson 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 12, 2021  City Council Meeting of Tuesday, January 12, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 15, 2021. 7. Report of Requests for Quotes for Fuel dated: January 6, 2021. Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel # 1 $1.7061 and Dyed Diesel #2 $1.5934. 8. Report of Requests for Quotes for Fuel dated: January 6, 2021. Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded $1.7334. 9. Report of Requests for Quotes for Fuel dated: January 11, 2021. Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $1.7666 and Dyed Diesel #2 $1.6585. 10. Approval of a request from Jeremy Mulder to consume, but not sell, wine and liquor at the Old Courthouse Museum, 200 W. 6th St., on April 24, 2021, for the following purpose: a wedding reception. 11. Pursuant to SDCL 9-20-1 and 9-20-8, on Tuesday, January 12, 2021, the Lincoln County Auditor and the Minnehaha County Auditor furnished the Sioux Falls City Clerk with the total number of registered Sioux Falls voters in their respective counties. Lincoln County reported 23,755 registered voters and Minnehaha County reported 98,255 registered voters for a total of 122,010 registered voters in the City of Sioux Falls. APPLICATIONS 12. Renewal of 2021 Retail Wine & Cider License for Puerto Vallarta Restaurant, 1801 East 10th Street. 13. Renewal of 2021 Package Liquor License for Wolfies, 6811 South Louise Avenue. 14. Renewal of 2021 Package Liquor License for Liquor Mart South, 5004 South Cliff Avenue. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, February 2, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Ramkota Companies Inc., Club House Hotel & Suites, 2320 South Louise Avenue. 16. Set a date of hearing for Tuesday, February 2, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for The Social LLC, The Social, 301 South Thompson Ave (CUP not required). 17. Set a date of hearing for Tuesday, February 2, 2021. Special One-Day Liquor Licenses for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for Thursday Throw down on February 18 and March 25, 2021. 18. Set a date of hearing for Tuesday, February 2, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at Museum Visual Materials, 500 North Main Avenue, for a wedding reception on February 20, 2021. 19. Set a date of hearing for Tuesday, February 2, 2021. Special One-Day Liquor License for Zoological Society to be operated at the Great Plain Zoo, 805 South Kiwanis Avenue, for Woo at the Zoo on February 13, 2021. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 21. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Dollar $ Store 10th Street, 1503 East 10th Street (CUP not required). 22. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Bauer Enterprises LLC, Four Hills, 2800 East Marson Drive (CUP not required). Pending permit issuance and final inspections per Building Services. This item was withdrawn by motion. See Agenda Item 33. 23. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Bauer Enterprises LLC, Four Hills, 2800 East Marson Drive. Pending permit issuance and final inspections per Building Services. This item was withdrawn by motion. See Agenda Item 33. 24. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Trivedi Oil LLC, Kota Korner, 900 North Sycamore Avenue, with Conditional Use Permit (8325-2018) being approved on May 3, 2018. Pending change in use permit per Building Services. 25. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Trivedi Oil LLC, Kota Korner, 900 North Sycamore Avenue. Pending change in use permit per Building Services. 26. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Da Clique Sports Bar & Grill LLC, 114 North Indiana Avenue, with Conditional Use Permit (13338-2020) being approved on December 2, 2020. Pending final inspection per Health. 27. Request to add video lottery terminals with the new 2020-21 Retail Malt Beverage/SD Farm Wine License for Da Clique Sports Bar & Grill LLC, 114 North Indiana Avenue. 28. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for La Isla del Encanto LLC, La India Taina Puerto Rican Restaurant, 1309 East Benson Road (CUP not required). Pending final inspection per Health and Building Services. 29. Transfer of 2021 Retail Liquor License from The Square on Main LLC, 360 South Main Avenue, to The Square on Main LLC, 340 South Main Avenue (CUP not required). 30. Request to add video lottery terminals with the 2020-21 Retail Malt Beverage/SD Farm Wine License for Hungry’s Restaurants Inc., Marlins Roadhouse Grill, 3850 North Cliff Avenue. 31. Request to add video lottery terminals with the 2020-21 Retail Malt Beverage/SD Farm Wine License for Bonus Round Bar, 803 South Cliff Avenue. 32. Request to add video lottery terminals with the 2020-21 Retail Malt Beverage/SD Farm Wine License for Bonus Round Bar, 127 West 10th Street. 33. Special One-Day Wine License for Wine Time on Main LLC to be operated at Washington Square 8th floor, 350 South Main Avenue, for a wine tasting on January 26, 2021. A motion was made by Council Member Neitzert and seconded by Council Member Starr to withdraw Agenda Items 22 and 23. Roll call vote to withdraw. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Brekke to approve Agenda Items 21 and 26 through 33. Roll call vote to approve. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Agenda Items 24 and 25. Roll call vote to approve. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 1 No: Starr. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 22ND ST. AND WEST OF S. GILL AVE. FROM THE AG, AGRICULTURE DISTRICT TO THE RS, SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 13487-2020, 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, February 2, 2021. Private Applicant(s): Benjamin Parsley A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 34. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF PROPERTY LOCATED SOUTH OF W. 54TH ST. N. AND WEST OF N. NORTHVIEW AVE. FROM THE C-4, COMMERCIAL—REGIONAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, NO. 13507-2020, 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, February 2, 2021. Private Applicant(s): Jansmick Land Investments LLC (Dale Jans) A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 35. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF PROPERTY LOCATED SOUTH OF W. 69TH ST. AND EAST OF S. DUBLIN AVE. FROM THE RD-1, RESIDENTIAL TWINHOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2, TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 13537-2020, 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, February 2, 2021. Private Applicant(s): Signature Companies LLC (Clint Ackerman) A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 36. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3320 W. 4TH AVE. FROM THE RS, SINGLE-FAMILY  RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2, TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 13518-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Limited to NF2 Form. Recommendation: Set a date of 2nd Reading for Tuesday, February 2, 2021. Private Applicant(s): Lifescape (Richard Disanto) A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 37. Roll call vote to set a date of 2nd Reading. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Selberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD AMENDING SECTION 110: LICENSES, SUBCHAPTER: LICENSES ISSUED BY PLANNING AND DEVELOPMENT SERVICES. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, February 2, 2021. Sponsor: Mayor A motion was made by Council Member Starr and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 38. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD AMENDING SECTION 155: SIGNS AND OUTDOOR ADVERTISING: APPLICATION FOR PERMIT. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, February 2, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 39. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTERS: 160.005, 160.021, 160.134, 160.444, 160.154, 160.164, 160.222, 160.316, 160.404, 160.444, 160.485, 160.488, 160.517, 160.518, 160.550, 160.551, 160.572, 160.576, AND 160.670. The Planning Commission recommends approval (5- 0). Recommendation: Set a date of 2nd Reading for Tuesday, February 2, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 40.  Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, GRANTING A NONEXCLUSIVE NATURAL GAS FRANCHISE TO NORTHWESTERN CORPORATION, DOING BUSINESS AS NORTHWESTERN ENERGY, A DELAWARE CORPORATION, TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS. Recommendation: Set a date of 2nd Reading for Tuesday, February 2, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, February 2, 2021 for Item 41. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 42. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 9-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 9-21 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 Wes Engbers Building Board of Appeals Appointed for a term from January 2021 to October 2023 (to fill the unexpired term of Craig Holman). David Dandar Business Improvement Reappointed for a term from District Board—Main Street January 2021 to January 2024.  Anne Haber Business Improvement Reappointed for a term from District Board—Main Street January 2021 to January 2024. Darrell Schmith Business Improvement Appointed for a term from January District Board—Main Street 2021 January 2024 (to replace Cindy Palleschi). Sean Garney Public Transit Advisory Reappointed for a term from Board January 2021 to January 2024. Date adopted: 01/19/21 . 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) 43. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED December 31, 2020. 44. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED January 8, 2021. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Brett Kruse spoke about wearing masks and City planning. David Zokaites spoke about COVID as an emergency. Tim Stanga spoke about the source of COVID-19 and the Mayor's trip to China. Mike Zitterich spoke about recommendations for the use of the Sioux Falls Arena. Sierra Broussard spoke about an ongoing trial and massage therapists. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adjourn at 7:51 p.m. Roll call vote to adjourn. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk