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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 18, 2021

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Minutes

MINUTES City Council Meeting Tuesday, May 18, 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 Marshall Selberg, Council Member Pat Starr, Council Member Janet Brekke (Via telecom), Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Pastor Aaron Asmus, Memorial Lutheran Church 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 11, 2021  City Council Meeting of Tuesday, May 11, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 14, 2021. 7. Approval of surplus property disposition on the memorandum dated April 30, 2021. 8. Report of Requests for Quotes for Fuel dated: May 7, 2021; Dyed Diesel #2; 7,500 Gallons; Coles Petroleum ($2.162); Farstad Oil (#2 $2.18); Olson Oil, no bid. Bid awarded to: Coles Petroleum. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: May 7, 2021; #2 Clear Diesel; 9,000 Gallons; Parkland USA/SPF Energy Inc./Farstad Oil ($2.4254); CHS, Inc., Harms Oil, Petroleum Traders, Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: May 11, 2021; Unleaded; 3,000 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 $2.3491. APPLICATIONS 11. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on June 3, 12, 17, and 26, 2021. 12. Various Retail Malt Beverage renewals for 2021-2022 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: 13. Parcel #36086, for 2019 property taxes in the amount of $129.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 14. Parcel #36086, for 2020 property taxes in the amount of $2,230.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 15. Parcel #51994, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 16. Parcel #52411, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 17. Parcel #57310, for 2020 property taxes in the amount of $567.52. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 18. Parcel #59569, for 2019 property taxes in the amount of $129.84. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 19. Parcel #59569, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 20. Parcel #60956, for 2020 property taxes in the amount of $2,060.38. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 21. Parcel #79087, for 2020 property taxes in the amount of $1,887.66. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 22. Parcel #80650, for 2020 property taxes in the amount of $567.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 23. Parcel #88797, for 2018 property taxes in the amount of $1,078.65. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 24. Parcel #88797, for 2019 property taxes in the amount of $1,598.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 25. Parcel #88797, for 2020 property taxes in the amount of $2,354.36. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 26. Parcel #88903, for 2020 property taxes in the amount of $943.84. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 27. Parcel #91861, for 2020 property taxes in the amount of $2,301.37. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 28. Set a date of hearing for Tuesday, June 1, 2021. Transfer of 2021 Package Liquor License from Austad’s Golf Inc., Austad’s Golf, 2801 East 10th Street, to The Root Cellar Inc., 701 North Phillips Avenue, Suite 150 (CUP not required). 29. Set a date of hearing for Tuesday, June 1, 2021. New 2021-22 Malt Beverage/SD Farm Wine License for Hi-Fi Hair LLC, 218 West 13th Street (CUP not required). 30. Set a date of hearing for Tuesday, June 1, 2021. New 2021-22 Malt Beverage/SD Farm Wine License and 2021 Retail Wine License for Sandtrap Inc., 815 South Marion Road, with Conditional Use Permit (014168-2021) being approved on May 5, 2021. 31. Set a date of hearing for Tuesday, June 1, 2021. Request to add video lottery terminals with the New 2021 Wine License for Sandtrap Inc., 815 South Marion Road. 32. Set a date of hearing for Tuesday, June 1, 2021. Special One-Day Liquor License for 212 Boiling Point to be operated at The Social, 301 South Thompson Avenue, for a grand opening on June 11, 2021. 33. Set a date of hearing for Tuesday, June 1, 2021. Special One-Day Malt Beverage and Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at 8th & RR Center parking lot, 401 East 8th Street, for an East bank Block Party on July 2, 2021. REGULAR AGENDA 34. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Neitzert to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend by moving Item 58 immediately before Item 35. Roll call vote to amend. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Agenda Item 58 was heard at this time. See Agenda Item 58 for action taken. UNFINISHED BUSINESS 35. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street (CUP not required). 36. Transfer of 2021 Retail Liquor License from Sanford Frontiers, Great Shots Golf, 2505 West Benson Road, to Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street North. 37. Transfer of 2021 Retail Liquor License from Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street North, to Sanford Frontiers, Great Shots Golf, 2505 West Benson Road. 38. Transfer of 2021 Retail Liquor License from the Square on Main LLC, 340 South Main Avenue, to the Square on Main LLC, 360 South Main Avenue. Pending finals per Health, Fire and Building Services. 39. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, from G & W Inc, Gary Cone Amoco, 1027 South Cleveland Avenue, to Kash LLC, 1027 South Cleveland Avenue. 40. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Kash LLC, 1027 South Cleveland Avenue. 41. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 4800 North Career Avenue, for PorkPalooza on June 4-5, 2021. 42. Special One-Day Malt Beverage License for Fernson Taphouse to be operated in the US Courthouse Plaza (between 334 South Phillips Avenue and 400 South Phillips Avenue), for Celebrate 605 Day on June 5, 2021. 43. Special One-Day Malt Beverage License and Special One-Day Wine License for Saint Mary’s Catholic Church, 2109 South 5th Avenue, for a community event on June 13, 2021. 44. Special One-Day Liquor License for McNally’s Irish Pub to be operated in the McNally’s parking lot, 6211 South Old Village Place, for a fundraiser on June 17, 2021. 45. Special One-Day Malt Beverage License and Special One-Day Wine License for Hoffberger Escape LLC, to be operated at Amy Stockberger Real Estate, 601 West 49th Street, for a special event on June 26, 2021. 46. Special One-Day Malt Beverage License and Special One-Day Wine License for Sioux Falls Sister Cities to be operated at Avera IT Parking Lot, 212 East 11th Street and Fawick Park, 200 South 2nd Avenue and on South Second Avenue between East 10th Street and South Third Avenue, for German Fest on September 11, 2021. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 35 through 46. Roll call vote to approve. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF WEST BROEK DRIVE & SOUTH RONSIEK AVENUE FROM THE RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY TO THE CN CONSERVATION DISTRICT, NO. 14145-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Jensen and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 47. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF SOUTH CLIFF AVENUE & EAST 85TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL, AND REC RECREATION DISTRICTS, NO. 14173-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Harrisburg School District #41-2 – Tim Graf A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 259TH STREET & NORTH MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL AND CN CONSERVATION DISTRICT, NO. 14171-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Sioux Falls Development Foundation – Bob Mundt A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH SOUTHEASTERN & EAST BISON TRAIL FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL, REC RECREATION, AND O OFFICE DISTRICTS, NO. 14172-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Harrisburg School District #41-2 – Tim Graf A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4400 E. 60TH ST. NORTH FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION AND S-1 INSTITUTIONAL DISTRICTS, NO. 14187-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 51. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 950 AND 1000 S. BLAINE AVE. FROM THE C-1 COMMERCIAL—PEDESTRIAN ORIENTED AND RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICTS TO THE C-2 COMMERCIAL NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14183-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): AAB Engineering & Surveying – Alan Betchan A motion was made by Council Member Neitzert and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH VETERANS PARKWAY & EAST 41ST STREET FROM THE LW LIVE/WORK, RA-1 RESIDENTIAL—APARTMENTS LOW DENSITY, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY, RD-2 RESIDENTIAL—SUBURBAN TOWNHOME DISTRICTS TO THE CN CONSERVATION, RD-1 TWIN HOME/DUPLEX RESIDENTIAL, RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3 COMMERCIAL—COMMUNITY, LW LIVE/WORK, RA-1 RESIDENTIAL—APARTMENTS LOW DENSITY, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY DISTRICTS, NO. 14178-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): KCDS INC – Perry Kolb A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 53. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4425 W. 69TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 14129-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 54. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF E. BISON TRAIL AND S. MAPLE ROCK TRAIL FROM THE O OFFICE DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 14039-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Joshua, Inc. - Tim Stenberg A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 55. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NW CORNER OF NORTH MARION ROAD & WEST PINERIDGE DRIVE FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14067-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-2). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Signature Companies LLC – Clint Ackerman A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, June 1, 2021 for Item 56. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 57. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 49-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 49-21 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 Kent Cutler Airport Authority Board Appointed for a term from May 2021 to May 2026 (to replace Raquel Blount). Sheku Bannister Commission on Human Appointed for a term from Relations May 2021 to May 2026 (to replace Alejandro Ramirez). Anny Libengood Commission on Human Reappointed for a term from Relations May 2021 to May 2026. Date adopted: 05/18/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS 58. A MOTION PROVIDING ADVICE AND CONSENT TO THE APPOINTMENT OF DR. CHARLES CHIMA AS THE PUBLIC HEALTH DIRECTOR. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to provide advice and consent to the appointment of Dr. Charles Chima as the Public Health Director. Roll call vote to provide advice and consent. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 59. A MOTION TO APPROVE A TEMPORARY FURNITURE ZONE EXTENSION PILOT PROJECT ON E. 12TH ST., AS SHOWN IN THE ATTACHED EXHIBIT A, BY TEMPORARILY REPURPOSING EXISTING PARKING SPACES INTO AN EXTENDED FURNITURE ZONE UNTIL OCTOBER 31, 2021. Sponsors: Council Members Erickson and Starr A motion was made by Council Member Erickson and seconded by Council Member Starr to approve Agenda Item 59. Roll call vote to approve. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 60. ELECTION OF CITY COUNCIL CHAIR. A motion was made by Council Member Kiley and seconded by Council Member Selberg to nominate Curt Soehl as City Council Chair. Roll call vote to elect Curt Soehl as City Council Chair. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 61. ELECTION OF CITY COUNCIL VICE CHAIR. A motion was made by Council Member Erickson and seconded by Council Member Kiley to nominate Alex Jensen as City Council Vice Chair. Roll call vote to elect Alex Jensen as City Council Vice Chair. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 62. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE. A motion was made by to nominate Christine M. Erickson as the 4th Member to the City Council Operations Committee. Roll call vote to elect Christine M. Erickson as the 4th Member to the City Council Operations Committee. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Council Member Pat Starr departed the meeting at 7 p.m. GENERAL PUBLIC INPUT Dennis Haugen spoke about the City's handling of events over the past year. Sierra Broussard spoke about the selection of the next Police Chief. Mike Zitterich spoke about his proposal to rename a section of North Drive to Highway 77 Place. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 7:10 p.m. Roll call vote to adjourn. 6 Yes: Selberg, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, May 18, 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/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member Marshall Selberg Council Member Curt Soehl 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 Mayor Paul TenHaken 2. INVOCATION  Pastor Aaron Asmus, Memorial Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 11, 2021  City Council Meeting of Tuesday, May 11, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 14, 2021. 7. Approval of surplus property disposition on the memorandum dated April 30, 2021. 8. Report of Requests for Quotes for Fuel dated: May 7, 2021; Dyed Diesel #2; 7,500 Gallons; Coles Petroleum ($2.162); Farstad Oil (#2 $2.18); Olson Oil, no bid. Bid awarded to: Coles Petroleum. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: May 7, 2021; #2 Clear Diesel; 9,000 Gallons; Parkland USA/SPF Energy Inc./Farstad Oil ($2.4254); CHS, Inc., Harms Oil, Petroleum Traders, Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: May 11, 2021; Unleaded; 3,000 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 $2.3491. APPLICATIONS 11. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on June 3, 12, 17, and 26, 2021. 12. Various Retail Malt Beverage renewals for 2021-2022 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: 13. Parcel #36086, for 2019 property taxes in the amount of $129.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 14. Parcel #36086, for 2020 property taxes in the amount of $2,230.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 15. Parcel #51994, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 16. Parcel #52411, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 17. Parcel #57310, for 2020 property taxes in the amount of $567.52. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 18. Parcel #59569, for 2019 property taxes in the amount of $129.84. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 19. Parcel #59569, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 20. Parcel #60956, for 2020 property taxes in the amount of $2,060.38. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 21. Parcel #79087, for 2020 property taxes in the amount of $1,887.66. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 22. Parcel #80650, for 2020 property taxes in the amount of $567.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 23. Parcel #88797, for 2018 property taxes in the amount of $1,078.65. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 24. Parcel #88797, for 2019 property taxes in the amount of $1,598.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 25. Parcel #88797, for 2020 property taxes in the amount of $2,354.36. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 26. Parcel #88903, for 2020 property taxes in the amount of $943.84. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 27. Parcel #91861, for 2020 property taxes in the amount of $2,301.37. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 28. Set a date of hearing for Tuesday, June 1, 2021. Transfer of 2021 Package Liquor License from Austad’s Golf Inc., Austad’s Golf, 2801 East 10th Street, to The Root Cellar Inc., 701 North Phillips Avenue, Suite 150 (CUP not required). 29. Set a date of hearing for Tuesday, June 1, 2021. New 2021-22 Malt Beverage/SD Farm Wine License for Hi-Fi Hair LLC, 218 West 13th Street (CUP not required). 30. Set a date of hearing for Tuesday, June 1, 2021. New 2021-22 Malt Beverage/SD Farm Wine License and 2021 Retail Wine License for Sandtrap Inc., 815 South Marion Road, with Conditional Use Permit (014168-2021) being approved on May 5, 2021. 31. Set a date of hearing for Tuesday, June 1, 2021. Request to add video lottery terminals with the New 2021 Wine License for Sandtrap Inc., 815 South Marion Road. 32. Set a date of hearing for Tuesday, June 1, 2021. Special One-Day Liquor License for 212 Boiling Point to be operated at The Social, 301 South Thompson Avenue, for a grand opening on June 11, 2021. 33. Set a date of hearing for Tuesday, June 1, 2021. Special One-Day Malt Beverage and Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at 8th & RR Center parking lot, 401 East 8th Street, for an East bank Block Party on July 2, 2021. REGULAR AGENDA 34. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 35. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street (CUP not required). 36. Transfer of 2021 Retail Liquor License from Sanford Frontiers, Great Shots Golf, 2505 West Benson Road, to Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street North. 37. Transfer of 2021 Retail Liquor License from Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street North, to Sanford Frontiers, Great Shots Golf, 2505 West Benson Road. 38. Transfer of 2021 Retail Liquor License from the Square on Main LLC, 340 South Main Avenue, to the Square on Main LLC, 360 South Main Avenue. Pending finals per Health, Fire and Building Services. 39. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, from G & W Inc, Gary Cone Amoco, 1027 South Cleveland Avenue, to Kash LLC, 1027 South Cleveland Avenue. 40. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Kash LLC, 1027 South Cleveland Avenue. 41. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 4800 North Career Avenue, for PorkPalooza on June 4-5, 2021. 42. Special One-Day Malt Beverage License for Fernson Taphouse to be operated in the US Courthouse Plaza (between 334 South Phillips Avenue and 400 South Phillips Avenue), for Celebrate 605 Day on June 5, 2021. 43. Special One-Day Malt Beverage License and Special One-Day Wine License for Saint Mary’s Catholic Church, 2109 South 5th Avenue, for a community event on June 13, 2021. 44. Special One-Day Liquor License for McNally’s Irish Pub to be operated in the McNally’s parking lot, 6211 South Old Village Place, for a fundraiser on June 17, 2021. 45. Special One-Day Malt Beverage License and Special One-Day Wine License for Hoffberger Escape LLC, to be operated at Amy Stockberger Real Estate, 601 West 49th Street, for a special event on June 26, 2021. 46. Special One-Day Malt Beverage License and Special One-Day Wine License for Sioux Falls Sister Cities to be operated at Avera IT Parking Lot, 212 East 11th Street and Fawick Park, 200 South 2nd Avenue and on South Second Avenue between East 10th Street and South Third Avenue, for German Fest on September 11, 2021. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF WEST BROEK DRIVE & SOUTH RONSIEK AVENUE FROM THE RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY TO THE CN CONSERVATION DISTRICT, NO. 14145-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF SOUTH CLIFF AVENUE & EAST 85TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL, AND REC RECREATION DISTRICTS, NO. 14173-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Harrisburg School District #41-2 – Tim Graf 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 259TH STREET & NORTH MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL AND CN CONSERVATION DISTRICT, NO. 14171-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Sioux Falls Development Foundation – Bob Mundt 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH SOUTHEASTERN & EAST BISON TRAIL FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL, REC RECREATION, AND O OFFICE DISTRICTS, NO. 14172-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Harrisburg School District #41-2 – Tim Graf 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4400 E. 60TH ST. NORTH FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION AND S-1 INSTITUTIONAL DISTRICTS, NO. 14187-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Sponsor: Mayor 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 950 AND 1000 S. BLAINE AVE. FROM THE C-1 COMMERCIAL—PEDESTRIAN ORIENTED AND RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICTS TO THE C-2 COMMERCIAL NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14183-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): AAB Engineering & Surveying – Alan Betchan 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH VETERANS PARKWAY & EAST 41ST STREET FROM THE LW LIVE/WORK, RA-1 RESIDENTIAL—APARTMENTS LOW DENSITY, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY, RD-2 RESIDENTIAL—SUBURBAN TOWNHOME DISTRICTS TO THE CN CONSERVATION, RD-1 TWIN HOME/DUPLEX RESIDENTIAL, RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3 COMMERCIAL—COMMUNITY, LW LIVE/WORK, RA-1 RESIDENTIAL—APARTMENTS LOW DENSITY, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY DISTRICTS, NO. 14178-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): KCDS INC – Perry Kolb 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4425 W. 69TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 14129-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF E. BISON TRAIL AND S. MAPLE ROCK TRAIL FROM THE O OFFICE DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 14039-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Joshua, Inc. - Tim Stenberg 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NW CORNER OF NORTH MARION ROAD & WEST PINERIDGE DRIVE FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14067-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-2). Recommendation: Set a date of 2nd Reading for Tuesday, June 1, 2021. Private Applicant(s): Signature Companies LLC – Clint Ackerman HEARINGS AND RESOLUTIONS 57. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor NEW BUSINESS 58. A MOTION PROVIDING ADVICE AND CONSENT TO THE APPOINTMENT OF DR. CHARLES CHIMA AS THE PUBLIC HEALTH DIRECTOR. Sponsor: Mayor 59. A MOTION TO APPROVE A TEMPORARY FURNITURE ZONE EXTENSION PILOT PROJECT ON E. 12TH ST., AS SHOWN IN THE ATTACHED EXHIBIT A, BY TEMPORARILY REPURPOSING EXISTING PARKING SPACES INTO AN EXTENDED FURNITURE ZONE UNTIL OCTOBER 31, 2021. Sponsors: Council Members Erickson and Starr 60. ELECTION OF CITY COUNCIL CHAIR. 61. ELECTION OF CITY COUNCIL VICE CHAIR. 62. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE. 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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