City Council Meeting

MINUTES City Council Meeting Tuesday, June 15, 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 Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: Council Member Janet Brekke 2. INVOCATION  Pastor Rick Carlson, Prairie Hills Covenant Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 8, 2021  City Council Meeting of Tuesday, June 8, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 11, 2021. 7. Notice of change orders on the memorandum dated June 11, 2021. 8. Report of Requests for Quotes for Fuel dated June 3, 2021; Dyed Diesel #2 (7,500 Gallons); Harms Oil ($2.3175); Farstad Oil, Olson Oil, and Coles Petroleum, all no bid. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: June 7, 2021: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.3724. APPLICATIONS 10. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Tre Lounge, 601 West 33rd Street. 11. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Salon Mia, 3801 West 34th Street, Suite 115. 12. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for a class reunion on July 16, 2021. NOTICE OF HEARINGS 13. Set a date of hearing for Tuesday, July 6, 2021. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for Yummy House Restaurant LLC, 1602 South Sycamore Avenue, with Conditional Use Permit (CU-14339-2021) being approved on June 2, 2021. 14. Set a date of hearing for Tuesday, July 6, 2021. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for Samurai Tasteas Inc., 3217 South Sertoma Avenue (CUP not required). 15. Set a date of hearing for Tuesday, July 6, 2021. Transfer of 2021 Package Liquor License from Melanie Liquors Inc., Skyway Liquor, 1101 North Minnesota Avenue, to Cloudz Enterprises, Skyway Liquor, 1101 North Minnesota Avenue. 16. Set a date of hearing for Tuesday, July 6, 2021. Transfer of 2021 Retail Liquor License from Ballard Building Restaurant Co., Parker’s, 210 South Main Avenue, to Ballard Building Restaurant Co., Parker’s, 208 & 210 South Main Avenue. 17. Set a date of hearing for Tuesday, July 6, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive for a Minnesota Farm Bureau LEAP conference on July 16, 2021. 18. Set a date of hearing for Tuesday, July 6, 2021. Special One-Day Liquor and Special One-Day Off-Sale Wine License for Catholic Community Foundation for Eastern South Dakota to be operated at Avera IT, 212 East 11th Street, for a Bishop Dudley Hospitality House fundraiser on August 14, 2021. REGULAR AGENDA 19. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend by moving Item 52 to follow Item 39. Roll call vote to amend. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 20. New 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Maple Inc., Get-N-Lit, 4110 West Maple Street, Suite 102 (CUP not required). Pending final inspections per Building Services. 21. New 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, to Maple Inc., Get-N-Lit, 2700 South Ellis Road, Suite 102 (CUP not required). Pending final inspections per Building Services. 22. Transfer of 2021 Retail Liquor License from 4900 Building LLC, Crawford’s, 214 South Phillips Avenue, to OC Crawford’s LLC, Crawford’s, 214 South Phillips Avenue. 23. Transfer of 2021 Retail Liquor License from Village River Group LLC, Village on the River, 140 East 10th Street, to Teton Development LLC, Homewood Suites, 3620 West Avera Drive. 24. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from SF Lodging Group, LLC, Homewood Suites, 3620 West Avera Drive, to Teton Development LLC, Homewood Suites, 3620 West Avera Drive. 25. New 2021 Retail Wine & Cider License for BOB LLC, Blue Rock Bar & Grill, 4021 North Bobhalla Drive. 26. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Addabella Restaurants LLC, Kaladi’s Bistro, 1716 South Minnesota Avenue to Digital Anchors LLC, Kaladi’s Bistro, 1716 South Minnesota Avenue. 27. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Kaladi’s Bistro, 1716 South Minnesota Avenue. 28. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Dollar Bills Too, 4920 North Cliff Avenue, Suite 200, with Conditional Use Permit (013809-2021) approved on March 3, 2021. 29. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Dollar Bills Too, 4920 North Cliff Avenue, Suite 200. 30. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Zoological Society of Sioux Falls, 805 South Kiwanis Avenue, for special events on June 16 and September 23, 2021. 31. Special One-Day Liquor License for Tslat Inc., to be operated at 480 East 69th Street, for a South Dakota Bar Association Mixer on June 17, 2021. 32. Special One-Day Liquor Licenses for Tslat Inc., to be operated at 6212 South Pinnacle Place, for wedding receptions on June 19 and 26,2021. 33. Special One-Day Liquor License for Tslat Inc., to be operated at 1900 South Perry Place, for a wedding reception on June 26, 2021. 34. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Carpenter Bar, to be operated at 300 North Cherapa Place parking lot, for Sioux Falls Pride on June 26, 2021. 35. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive, for a private event on June 27, 2021. 36. Special One-Day Malt Beverage License for the El Riad Shriners to be operated at 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 24, 2021. 37. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at 200 West Russell Street, for the Sioux Falls Marathon on August 29, 2021. 38. Special One-Day Liquor License for the Zoological Society of Sioux Falls, 805 South Kiwanis Avenue, for a special event on August 5, 2021. A motion was made by Council Member Starr and seconded by Council Member Erickson to approve Agenda Items 20 through 38. A motion was made by Council Member Starr and seconded by Council Member Erickson to amend Agenda Item 34 to include the language “and the grassy area north of Cherapa Place building” immediately following the word “lot”. Roll call vote to amend. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.  Roll call vote to approve, as amended. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 39. 2nd Reading: Deferred from the Meeting of Tuesday, June 1, 2021; 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). Private Applicant(s): Harrisburg School District #41-2 – Tim Graf A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 66-21. Roll call vote to adopt. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Agenda Item 52 was heard at this time. See Agenda Item 52 for action taken. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Innovative/Hon Lounge to the third floor suite level at the Denny Sanford Premier Center. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 67-21. Roll call vote to adopt. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, IMPLEMENTING A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 68-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL TO ESTABLISH THE REGULATORY OVERSIGHT COMMITTEE AND REORGANIZE THE EXISTING STANDING COMMITTEES OF THE CITY COUNCIL.  Sponsors: Council Members Erickson and Soehl A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 69-21. Roll call vote to adopt. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTHEAST OF E. BULL PINE TRL. AND S. SIX MILE RD. FROM THE CN CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 14365-2021, 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, July 6, 2021. Private Applicant(s): Assam, F & K Family LLC (Sam Assam) A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 43. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1201 N. MARION RD. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 14368-2021, 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, July 6, 2021. Private Applicant(s): Aspen Heights LLC (Clint Ackerman) A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 44. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHWEST OF E. 26TH ST. AND S. VETERANS PKWY. FROM THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, O OFFICE, LW LIVE-WORK, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND C-2 COMMERCIAL—  NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 14340-2021, 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, July 6, 2021. Private Applicant(s): G & D Harr Construction LLC (Gary Harr) A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 45. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 8300 AND 8400 W. 48TH ST. FROM THE AG AGRICULTURAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT, NO. 14369-2021, 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, July 6, 2021. Private Applicant(s): Sundance Group Inc (Jeff Shotkoski) A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 46. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE FEES SECTION OF CHAPTER 150: BUILDING, SUBCHAPTER: MECHANICAL AND FUEL GAS CODE. Recommendation: Set a date of 2nd Reading for Tuesday, July 6, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 47. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE FEES SECTION OF CHAPTER 150: BUILDING, SUBCHAPTER PLUMBING. Recommendation: Set a date of 2nd Reading for Tuesday, July 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, July 6, 2021 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE FEES SECTION OF CHAPTER 150: BUILDING, SUBCHAPTER ELECTRICITY. Recommendation: Set a date of 2nd Reading for Tuesday, July 6, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 156: FLOODPLAIN MANAGEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, July 6, 2021. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO CR LLOYD ASSOCIATES, INC., IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-FOUR, CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, July 6, 2021. Private Applicant(s): CR Lloyd Associates, Inc. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, July 6, 2021 for Item 51. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 52. Deferred from the Meeting of Tuesday, June 1, 2021; A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRISBURG SCHOOLS 3RD ADDITION (14165-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates – Paul Korn A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 64-21.  Roll call vote to adopt. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 64-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRISBURG SCHOOLS 3RD ADDITION (14165-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Harrisburg Schools 3rd Addition to the City of Sioux Falls, Lincoln County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 06/15/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about home rule government and legal notices. Sierra Broussard spoke about a crime she encountered and the Police Chief forum. Sarah Puth spoke about her understanding of the coronavirus origins and the need to evaluate sources of information. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Jensen to adjourn at 7:33 p.m. Voice vote to adjourn. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk