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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 16, 2021

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, March 16, 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 Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley (Via telecom), Council Member Greg Neitzert (Via telecom), Council Member Marshall Selberg (Via telecom), Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Larry Forristall, New Beginnings Faith Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen 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. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 9, 2021  City Council Meeting of Tuesday, March 9, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 12, 2021. 7. Notice of change orders on the memorandum dated March 12, 2021. 8. Approval of surplus property disposition on the memorandum dated March 5, 2021. 9. Approval of a request from Don and Denise Schaefer to consume, but not sell, wine and beer at the History Club, 758 S. Phillips Ave., on April 17, 2021, for the following purpose: family wedding reception. 10. Sioux Area Metro Report of Requests for Quotes for Fuel dated: March 3, 2021; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil: #1 Clear Diesel ($2.6520) and #2 Clear Diesel ($2.4150); Harms Oil: #1 Clear Diesel ($2.6141) and #2 Clear Diesel ($2.4410); Petroleum Traders: #1 Clear Diesel ($2.7024) and #2 Clear Diesel ($2.7024); CHS, Inc.: #1 Clear Diesel ($2.8000) and #2 Clear Diesel ($2.5000); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 11. Report of Requests for Quotes for Fuel dated: March 9, 2021: Unleaded (3,500 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 $2.2997. 12. Report of Requests for Quotes for Fuel dated: March 9, 2021; Dyed Diesel #1 (2,250 Gallons) and Dyed Diesel #2 (2,250 Gallons). Vollan Oil (Dyed Diesel #1 $2.5925 and Dyed Diesel #2 $2.4030) Cole’s Petroleum (Dyed Diesel #1 $2.3975 and Dyed Diesel #2 $ 2.3525). Olson Oil, Farstad Oil, CHS Oil, and Howes Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. UR Properties, 823 W. 22nd St., Parcel #41630, for 2020 property taxes in the amount of $781.43. Reason: A fire damaged the house located at 823 W 22nd St, Parcel #41630, on August 31st, 2020. The taxpayer is requesting an abatement for the taxes due for the damaged value of the home of $60,300 for the September through December 2020 taxes payable in 2021 due to this loss. 14. Burns Family Limited Partnership, 6400 E. 41st St., Parcel #86869, for 2020 property taxes in the amount of $6,898.00. Reason: Parcel 86869 was previously assessed and taxed as Ag land since 2014 when the parcel was created. A new plat was filed in March of 2019 which causing the classification to be removed. However, the land should still be listed and taxed as Ag for 2020 as it meets the qualifications. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Aurelio Sanchez, Taqueria Sanchez, 1212 East 10th Street, with Conditional Use Permit (CU13400-2020) being approved on December 2, 2020. 16. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License for BOB LLC, Blue Rock Bar & Grill, 4021 Bobhalla Drive. 17. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for GBS LLC, Gist Wine Shop, 108 West 11th Street (CUP not required). 18. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for CBOCS West Inc., Cracker Barrel, 2409 South Shirley Avenue (CUP not required). 19. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License for Trifecta Inc., Coffea Roasterie, 200 South Phillips Avenue. 20. Set a date of hearing for Tuesday, April 6, 2021. Transfer of 2021 Retail Wine & Cider License and 2020-21 Retail Malt Beverage/SD Farm Wine License from Pure Fitness LLC, 5120 East Grant Street, to Next Level Group LLC, 5120 East Grant Street. 21. Set a date of hearing for Tuesday, April 6, 2021. Transfer of 2021 Retail Wine & Cider License and 2020-21 Retail Malt Beverage/SD Farm Wine License from CEC Entertainment Inc., 2600 South Louise Avenue, to CEC Entertainment LLC, 2600 South Louise Avenue. 22. Set a date of hearing for Tuesday, April 6, 2021. Transfer of 2021 Retail Liquor License from US Hotel & Resort Management Inc., 2320 South Louise Avenue, to Highball LLC, 440 East 8th Street (CUP not required). 23. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino, 3611 East 10th Street, with Conditional Use Permit (13797-2021) being approved on March 3, 2021. 24. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino, 3611 East 10th Street. 25. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 2, 3613 East 10th Street, with Conditional Use Permit (13797-2021) being approved on March 3, 2021. 26. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 2, 3613 East 10th Street. 27. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage License for MG Oil Company, 777 Casino A, 1709 Legion Drive, Suite A, with Conditional Use Permit (13592-2021) being approved on February 3, 2021. 28. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino A, 1709 Legion Drive, Suite A. 29. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage License for MG Oil Company, 777 Casino B, 1709 Legion Drive, Suite B, with Conditional Use Permit (13592-2021) being approved on February 3, 2021. 30. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino B, 1709 Legion Drive, Suite B. 31. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage License for MG Oil Company, 777 Casino C, 1709 Legion Drive, Suite C, with Conditional Use Permit (13592-2021) being approved on February 3, 2021. 32. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino C, 1709 Legion Drive, Suite C. 33. Set a date of hearing for Tuesday, April 6, 2021. Special One-Day Liquor License for T Slat Inc. to be operated at Avera IT parking lot/lower parking area, 212 East 11th Street, for Sioux Falls Skedaddle Half Marathon on April 24 & 25, 2021. 34. Set a date of hearing for Tuesday, April 6, 2021. Special One-Day Liquor License and Special One-Day Off-Sale Wine License for the American Cancer Society to be operated at the Great Plain Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for Magic of Hope Gala on August 27, 2021. 35. Set a date of hearing for Tuesday, April 6, 2021. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: 605 Made Spring Market, 230 South Phillips Avenue, 8th & RR Center, 401 East 8th Street, Suite 200A, American Bank & Trust, 200 East 10th Street, Suite 100, American State Bank, 223 South Phillips Avenue, Bechtold Jewelry, 325 South Phillips Avenue, Chelsea’s Boutique, 220 South Phillips Avenue, Design House, 910 North Main Avenue, Envive Chiropractic, 412 South 1st Avenue, Great Outdoor Store, 201 East 10th Street, Home Porch Gifts, 217 South Phillips Avenue, Jane Rae Events, 301 South Minnesota Avenue, Suite 2, JH & Sons, 216 South Phillips Avenue, Lauriebelles, 206 South Phillips Avenue, Mint + Basil, 207 South Phillips Avenue, Nyberg’s Ace, 200 East 12th Street, Rehfeld’s Art & Framing, 431 North Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street, Suite 108, Sticks & Steel, 401 East 8th Street, Suite 118, TH Grey, 330 South Phillips Avenue, and Hotel Phillips, 100 North Phillips Avenue, for Art & Wine Walk on May 7, 2021. REGULAR AGENDA 36. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Jensen to amend by moving Item 54 to immediately follow Item 44. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 37. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sense Hospitality LLC, Harvester Kitchen by Bryan, 196 East 6th Street, Suite 101 (CUP not required). 38. New 2021 Retail Wine & Cider License, requesting off-sale use only, for Breadico, 6219 South Western Avenue (CUP not required). 39. Transfer of 2021 Retail Liquor License from Vanguard Hospitality IV, Turks & Caicos Cabana Grill, 5001 South Western Avenue, to Let it Fly South Dakota LLC, 5001 South Western Avenue. 40. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, from Aashna LLC, Aashna Asian Market, 4713 East Arrowhead Parkway, to Mali Market LLC, Mali Market, 4713 East Arrowhead Parkway. 41. Transfer of 2021 Retail Wine & Cider License and Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, effective May 1, 2021, from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Mali Market LLC, business name to be determined, 4719 East Arrowhead Parkway. 42. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive, for a social event on March 30, 2021. 43. Special One-Day Malt Beverage and Special One-Day Wine Licenses for River Greenway Hospitality to be operated at Midwest Living, 716 East 19th Street, for a business event on June 12, 2021. A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve Items 37 through 43. 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 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 31-20 AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF THE CODE OF ORDINANCES OF SIOUX FALLS, SD, PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). Sponsors: Council Members Starr and Jensen A motion was made by Council Member Jensen and seconded by Council Member Starr to adopt Ordinance No. 30-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Agenda Item 54 was heard at this time. See Agenda Item 54 for action taken. ORDINANCE FIRST READINGS 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4301 W. 12TH ST. FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL AND CN CONSERVATION DISTRICTS, NO. 13784-2021, 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, April 6, 2021. Private Applicant(s): JSA (Chris Jibben) A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 6, 2021 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. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 406 W. 4TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 13816- 2021, 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, April 6, 2021. Private Applicant(s): Ehrhart Griffin & Associates (Damian Greble) A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 46. 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. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4801 AND 4803 S. SUNNYMEDE CIR. FROM THE O OFFICE AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, NO. 13515-2020, 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, April 6, 2021. Private Applicant(s): Ehrhart Griffin & Associates (Damian Greble) A motion was made by Council Member Soehl and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 47. 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. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE LW LIVE-WORK DISTRICT TO THE C-3 COMMERCIAL—COMMUNTIY DISTRICT, NO. 13822-2021, 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, April 6, 2021. Private Applicant(s): Lloyd Companies (Luke Jessen) A motion was made by Council Member Erickson and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 48. 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. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF S. FOSS AVE. AND SOUTH OF E. 18TH ST. FROM THE LW LIVE-WORK DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13823-2021, 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, April 6, 2021. Private Applicant(s): Lloyd Companies (Luke Jessen) A motion was made by Council Member Erickson and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 49. 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. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 85TH ST. AND EAST OF S. TOWNSLEY AVE. FROM THE O OFFICE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY AND THE CN CONSERVATION DISTRICTS, NO. 13789-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Minimum building setback along 85th Street of 40'. Recommendation: Set a date of 2nd Reading for Tuesday, April 6, 2021. Private Applicant(s): Signature Companies, Llc. (Clint Ackerman) A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 50. 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. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1700 E. 72ND ST. N FROM THE RS, SINGLE-FAMILY RESIDENTIAL – SUBURBAN AND RD-1, TWINHOME/DUPLEX RESIDENTIAL - SUBURBAN DISTRICTS TO THE RA-2, APARTMENT RESIDENTIAL – HIGH DENSITY, RD-1, TWINHOME/DUPLEX RESIDENTIAL-SUBURBAN AND I-1, LIGHT INDUSTRIAL DISTRICTS, NO. 13818-2021, 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, April 6, 2021. Private Applicant(s): Parclin Real Estate Group (Clint Dreyer) A motion was made by Council Member Brekke and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 51. A motion was made by Council Member Brekke and seconded by Council Member Jensen to amend the title and body of the proposed ordinance to reflect the correct RA- 2 description. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to set a date of 2nd Reading, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING BY ADDING SUBCHAPTER ORIGINAL ART MURALS AND AMENDING SECTIONS 160.005 AND 160.578. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 6, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 52. 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 53. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF A BRIDGE OVER THE BIG SIOUX RIVER ON WEST 41ST STREET. Private Applicant(s): Patrick Murphy A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 32-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 32-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF A BRIDGE OVER THE BIG SIOUX RIVER ON WEST 41ST STREET. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1. Application 2021-01 was submitted by Patrick Murphy, Sioux Falls, SD, to commemoratively name the bridge over the Big Sioux River to honor PFC Kirby Jon Dougherty, located in the 3100–3500 block of W. 41st St. Section 2. The “PFC Kirby Jon Dougherty Memorial Bridge” commemorative naming does not change the street name of W. 41st St., but rather, respectfully honors Private First Class Kirby Jon Dougherty, a Vietnam veteran, who served in the U.S. Army and lost his life in combat on his first mission in August 1968. PFC Dougherty was a 1965 O’Gorman High School graduate, making the commemorative naming of the bridge at the foot of the O’Gorman Campus a special recognition of his personal sacrifice for our national defense. A commemorative sign is proposed for installation on the bridge and will be installed in accordance with the uniform traffic code; the cost of the sign is to be paid by the applicant. Section 3. The City Naming Committee considered the commemorative naming application and unanimously recommended approval on February 19, 2021. Section 4. In accordance with Chapter 30 of the Code of Ordinances of Sioux Falls, SD, the City approves the commemorative name “PFC Kirby Jon Dougherty Memorial Bridge” located over the Big Sioux River in the 3100–3500 block of W. 41st St. Date adopted: 03/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 54. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE. A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 6, 2021 for Item 54. 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. GENERAL PUBLIC INPUT David Zokaites spoke about his ideas for safer handcuffs. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Jensen to adjourn at 7:08 p.m. Roll call vote to adjourn. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA (Revised 03/15/21) City Council Meeting Tuesday, March 16, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL 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 2. INVOCATION  Pastor Larry Forristall, New Beginnings Faith Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 9, 2021  City Council Meeting of Tuesday, March 9, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 12, 2021. 7. Notice of change orders on the memorandum dated March 12, 2021. 8. Approval of surplus property disposition on the memorandum dated March 5, 2021. 9. Approval of a request from Don and Denise Schaefer to consume, but not sell, wine and beer at the History Club, 758 S. Phillips Ave., on April 17, 2021, for the following purpose: family wedding reception. 10. Sioux Area Metro Report of Requests for Quotes for Fuel dated: March 3, 2021; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil: #1 Clear Diesel ($2.6520) and #2 Clear Diesel ($2.4150); Harms Oil: #1 Clear Diesel ($2.6141) and #2 Clear Diesel ($2.4410); Petroleum Traders: #1 Clear Diesel ($2.7024) and #2 Clear Diesel ($2.7024); CHS, Inc.: #1 Clear Diesel ($2.8000) and #2 Clear Diesel ($2.5000); Howes Oil and Midwest Oil, both no bid. Bid awarded to: Harms Oil. 11. Report of Requests for Quotes for Fuel dated: March 9, 2021: Unleaded (3,500 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 $2.2997. 12. Report of Requests for Quotes for Fuel dated: March 9, 2021; Dyed Diesel #1 (2,250 Gallons) and Dyed Diesel #2 (2,250 Gallons). Vollan Oil (Dyed Diesel #1 $2.5925 and Dyed Diesel #2 $2.4030) Cole’s Petroleum (Dyed Diesel #1 $2.3975 and Dyed Diesel #2 $ 2.3525). Olson Oil, Farstad Oil, CHS Oil, and Howes Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. UR Properties, 823 W. 22nd St., Parcel #41630, for 2020 property taxes in the amount of $781.43. Reason: A fire damaged the house located at 823 W 22nd St, Parcel #41630, on August 31st, 2020. The taxpayer is requesting an abatement for the taxes due for the damaged value of the home of $60,300 for the September through December 2020 taxes payable in 2021 due to this loss. 14. Burns Family Limited Partnership, 6400 E. 41st St., Parcel #86869, for 2020 property taxes in the amount of $6,898.00. Reason: Parcel 86869 was previously assessed and taxed as Ag land since 2014 when the parcel was created. A new plat was filed in March of 2019 which causing the classification to be removed. However, the land should still be listed and taxed as Ag for 2020 as it meets the qualifications. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Aurelio Sanchez, Taqueria Sanchez, 1212 East 10th Street, with Conditional Use Permit (CU13400-2020) being approved on December 2, 2020. 16. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License for BOB LLC, Blue Rock Bar & Grill, 4021 Bobhalla Drive. 17. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for GBS LLC, Gist Wine Shop, 108 West 11th Street (CUP not required). 18. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for CBOCS West Inc., Cracker Barrel, 2409 South Shirley Avenue (CUP not required). 19. Set a date of hearing for Tuesday, April 6, 2021. New 2021 Retail Wine & Cider License for Trifecta Inc., Coffea Roasterie, 200 South Phillips Avenue. 20. Set a date of hearing for Tuesday, April 6, 2021. Transfer of 2021 Retail Wine & Cider License and 2020-21 Retail Malt Beverage/SD Farm Wine License from Pure Fitness LLC, 5120 East Grant Street, to Next Level Group LLC, 5120 East Grant Street. 21. Set a date of hearing for Tuesday, April 6, 2021. Transfer of 2021 Retail Wine & Cider License and 2020-21 Retail Malt Beverage/SD Farm Wine License from CEC Entertainment Inc., 2600 South Louise Avenue, to CEC Entertainment LLC, 2600 South Louise Avenue. 22. Set a date of hearing for Tuesday, April 6, 2021. Transfer of 2021 Retail Liquor License from US Hotel & Resort Management Inc., 2320 South Louise Avenue, to Highball LLC, 440 East 8th Street (CUP not required). 23. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino, 3611 East 10th Street, with Conditional Use Permit (13797-2021) being approved on March 3, 2021. 24. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino, 3611 East 10th Street. 25. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 2, 3613 East 10th Street, with Conditional Use Permit (13797-2021) being approved on March 3, 2021. 26. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 2, 3613 East 10th Street. 27. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage License for MG Oil Company, 777 Casino A, 1709 Legion Drive, Suite A, with Conditional Use Permit (13592-2021) being approved on February 3, 2021. 28. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino A, 1709 Legion Drive, Suite A. 29. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage License for MG Oil Company, 777 Casino B, 1709 Legion Drive, Suite B, with Conditional Use Permit (13592-2021) being approved on February 3, 2021. 30. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino B, 1709 Legion Drive, Suite B. 31. Set a date of hearing for Tuesday, April 6, 2021. New 2020-21 Retail Malt Beverage License for MG Oil Company, 777 Casino C, 1709 Legion Drive, Suite C, with Conditional Use Permit (13592-2021) being approved on February 3, 2021. 32. Set a date of hearing for Tuesday, April 6, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino C, 1709 Legion Drive, Suite C. 33. Set a date of hearing for Tuesday, April 6, 2021. Special One-Day Liquor License for T Slat Inc. to be operated at Avera IT parking lot/lower parking area, 212 East 11th Street, for Sioux Falls Skedaddle Half Marathon on April 24 & 25, 2021. 34. Set a date of hearing for Tuesday, April 6, 2021. Special One-Day Liquor License and Special One-Day Off-Sale Wine License for the American Cancer Society to be operated at the Great Plain Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for Magic of Hope Gala on August 27, 2021. 35. Set a date of hearing for Tuesday, April 6, 2021. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: 605 Made Spring Market, 230 South Phillips Avenue, 8th & RR Center, 401 East 8th Street, Suite 200A, American Bank & Trust, 200 East 10th Street, Suite 100, American State Bank, 223 South Phillips Avenue, Bechtold Jewelry, 325 South Phillips Avenue, Chelsea’s Boutique, 220 South Phillips Avenue, Design House, 910 North Main Avenue, Envive Chiropractic, 412 South 1st Avenue, Great Outdoor Store, 201 East 10th Street, Home Porch Gifts, 217 South Phillips Avenue, Jane Rae Events, 301 South Minnesota Avenue, Suite 2, JH & Sons, 216 South Phillips Avenue, Lauriebelles, 206 South Phillips Avenue, Mint + Basil, 207 South Phillips Avenue, Nyberg’s Ace, 200 East 12th Street, Rehfeld’s Art & Framing, 431 North Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street, Suite 108, Sticks & Steel, 401 East 8th Street, Suite 118, TH Grey, 330 South Phillips Avenue, and Hotel Phillips, 100 North Phillips Avenue, for Art & Wine Walk on May 7, 2021. REGULAR AGENDA 36. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 37. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sense Hospitality LLC, Harvester Kitchen by Bryan, 196 East 6th Street, Suite 101 (CUP not required). 38. New 2021 Retail Wine & Cider License, requesting off-sale use only, for Breadico, 6219 South Western Avenue (CUP not required). 39. Transfer of 2021 Retail Liquor License from Vanguard Hospitality IV, Turks & Caicos Cabana Grill, 5001 South Western Avenue, to Let it Fly South Dakota LLC, 5001 South Western Avenue. 40. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, from Aashna LLC, Aashna Asian Market, 4713 East Arrowhead Parkway, to Mali Market LLC, Mali Market, 4713 East Arrowhead Parkway. 41. Transfer of 2021 Retail Wine & Cider License and Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, effective May 1, 2021, from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Mali Market LLC, business name to be determined, 4719 East Arrowhead Parkway. 42. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive, for a social event on March 30, 2021. 43. Special One-Day Malt Beverage and Special One-Day Wine Licenses for River Greenway Hospitality to be operated at Midwest Living, 716 East 19th Street, for a business event on June 12, 2021. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 31-20 AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF THE CODE OF ORDINANCES OF SIOUX FALLS, SD, PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). Sponsors: Council Members Starr and Jensen ORDINANCE FIRST READINGS 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4301 W. 12TH ST. FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL AND CN CONSERVATION DISTRICTS, NO. 13784-2021, 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, April 6, 2021. Private Applicant(s): JSA (Chris Jibben) 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 406 W. 4TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 13816- 2021, 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, April 6, 2021. Private Applicant(s): Ehrhart Griffin & Associates (Damian Greble) 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4801 AND 4803 S. SUNNYMEDE CIR. FROM THE O OFFICE AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, NO. 13515-2020, 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, April 6, 2021. Private Applicant(s): Ehrhart Griffin & Associates (Damian Greble) 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE LW LIVE-WORK DISTRICT TO THE C-3 COMMERCIAL—COMMUNTIY DISTRICT, NO. 13822-2021, 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, April 6, 2021. Private Applicant(s): Lloyd Companies (Luke Jessen) 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF S. FOSS AVE. AND SOUTH OF E. 18TH ST. FROM THE LW LIVE-WORK DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13823-2021, 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, April 6, 2021. Private Applicant(s): Lloyd Companies (Luke Jessen) 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 85TH ST. AND EAST OF S. TOWNSLEY AVE. FROM THE O OFFICE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY AND THE CN CONSERVATION DISTRICTS, NO. 13789-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Minimum building setback along 85th Street of 40'. Recommendation: Set a date of 2nd Reading for Tuesday, April 6, 2021. Private Applicant(s): Signature Companies, Llc. (Clint Ackerman) 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1700 E. 72ND ST. N FROM THE RS, SINGLE-FAMILY RESIDENTIAL – SUBURBAN AND RD-1, TWINHOME/DUPLEX RESIDENTIAL - SUBURBAN DISTRICTS TO THE RA-2, APARTMENT RESIDENTIAL – HIGH DENSITY, RD-1, TWINHOME/DUPLEX RESIDENTIAL-SUBURBAN AND I-1, LIGHT INDUSTRIAL DISTRICTS, NO. 13818-2021, 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, April 6, 2021. Private Applicant(s): Parclin Real Estate Group (Clint Dreyer) 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING BY ADDING SUBCHAPTER ORIGINAL ART MURALS AND AMENDING SECTIONS 160.005 AND 160.578. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 6, 2021. Sponsor: Mayor HEARINGS AND RESOLUTIONS 53. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF A BRIDGE OVER THE BIG SIOUX RIVER ON WEST 41ST STREET. Private Applicant(s): Patrick Murphy NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE. Recommendation: Set a date of 2nd Reading for Tuesday, April 6, 2021. Sponsor: Mayor GENERAL PUBLIC INPUT ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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