City Council Meeting

MINUTES Regular City Council Meeting Tuesday, August 3, 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 Greg Neitzert, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Reverend John Langerak, Heritage Protestant Reformed Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 20, 2021  City Council Meeting of Tuesday, July 20, 2021  Special City Council Meeting of Tuesday, July 22, 2021  Informational Meeting of Tuesday, July 27, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 30, 2021. 7. Notice of change orders on the memorandum dated July 30, 2021. 8. Report of Requests for Quotes for Fuel dated: July 15, 2021; Unleaded (5,000 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 $2.4863. 9. Report of Requests for Quotes for Fuel dated: July 20, 2021; Unleaded (8,000 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 $2.3073. 10. Report of Requests for Quotes for Fuel dated July 20, 2021; Dyed Diesel # 2 (3,000 Gallons); Coles Petroleum ($2.1465); Harms Oil ($2.1945). Howes Oil and Olson Oil, no bid. Bid awarded to: Coles Petroleum. 11. Report of Requests for Quotes for Fuel dated July 27, 2021; Dyed Diesel #2 (12,000 Gallons); Cole’s Petroleum ($2.2638), Vollan Oil ($2.3072). Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 12. Report of Requests for Quotes for Fuel dated: July 27, 2021; Unleaded (11,500 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 $2.48. 13. Approval of a request from Genevieve Fisher to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on September 4, 2021, for the following purpose: wedding reception and dance. 14. Approval of a request from Seth Tripp to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on November 6, 2021, for the following purpose: wedding reception. 15. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Katie Barnes. APPLICATIONS 16. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at the Washington Pavilion, 301 South Main Avenue, for special events on August 14, 15, 21 and September 7, 8 and 9, 2021. 17. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at Orpheum Theatre, 315 North Phillips Avenue, for a special event on August 20, 2021. 18. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Levitt at the Falls, 504 North Phillips Avenue, for concerts on August 5, 6, 7, 12, 13 and 14, 2021. NOTICE OF HEARINGS 19. Set a date of hearing for Tuesday, August 17, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine & Cider License for  Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue, with Conditional Use Permit (9802-2019) being approved on March 6, 2019. 20. Set a date of hearing for Tuesday, August 17, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine & Cider License for SSA Group LLC, SSA Great Plains Zoo, 805 South Kiwanis Avenue (CUP not required). 21. Set a date of hearing for Tuesday, August 17, 2021. New 2021 Retail Wine & Cider License for Jacky’s Burrito Express, 2315 West 12th Street, with Conditional Use Permit (7632-2017) being approved on December 6, 2017. 22. Set a date of hearing for Tuesday, August 17, 2021. Special One-Day Liquor License for KJT LLC, to be operated at The Social, 301 South Thompson, for an outdoor event on August 21, 2021. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend by moving Item 43 to immediately follow Item 35. Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 24. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 1, 2916 South Ellis Road (CUP not required). Pending final inspections per Building Services. 25. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 1, 2916 South Ellis Road. 26. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 2, 2918 South Ellis Road (CUP not required). Pending final inspections per Building Services. 27. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 2, 2918 South Ellis Road. 28. Transfer of 2021-22 Retail Malt Beverage License, including video lottery terminals, from Regal Holdings, 41st Street & Ellis Road, to Trifecta Holdings Inc., Crown Casino Ellis 3, 2920 South Ellis Road. Pending final inspections per Building Services. 29. Special One-Day Liquor License for T Slat Inc., to be operated at 5 Oaks Venue, 480 East 69th Street, for a wedding on August 14, 2021. 30. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for weddings on August 14, 21, and 28, 2021. 31. Special One-Day Malt Beverage License for Holy Spirit Catholic Church, 3601 East Dudley Lane, for a church social on August 29, 2021. 32. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club, course only, 3101 West 22nd Street, for PGA Sanford International on September 12-19, 2021. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Agenda Items 24 through 32. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6509 S. CLIFF AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 14412- 2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): 77th Street Partners, LLC – Richard Naser A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 84-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4501 E. 57TH ST. FROM THE C-3 COMMERCIAL— COMMUNITY DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14541-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Commonland II, LLC – Bryant Soberg A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 85-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NE OF W. 60TH ST. N. AND N. CAREER AVE. FROM THE C- 4 COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL AND I-2  HEAVY INDUSTRIAL DISTRICTS, NO. 14566-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Enclave Construction, LLC – Kari Franklin A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Ordinance No. 86-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Agenda Item 43 was heard at this time. See item for action taken. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 6TH ST. AND N. WILDCAT DR. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD- 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 14573-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Mystic Heights LLC – Preston Mettler A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Ordinance No. 87-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 735 S. GLENDALE AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT NO. 14576-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Southeastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 88-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHEAST OF W. 69TH ST. AND SOUTH TALLGRASS AVE. FROM THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE WORK DISTRICT NO. 14587-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Cresten Capital Holdings – Erica Mullaly A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Ordinance No. 89-21.  Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 61ST ST. AND WEST OF S. SYCAMORE AVE. FROM THE RD 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT AND THE RA- 3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT NO. 14598-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Cresten Capital Holdings – Kelly Greer A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 90-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF EASEMENT FOR SANITARY SEWER. Recommendation: Set a date of 2nd Reading for Tuesday, August 10, 2021. Private Applicant(s): Smithfield Packaged Meats Corp. A motion was made by Council Member Brekke and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 10, 2021 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 41. 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 CHERAPA II QOZB, LLC, IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY FIVE, CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, August 17, 2021. Private Applicant(s): Cherapa II QOZB, LLC. A motion was made by Council Member Brekke and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, August 17, 2021 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 42. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT FOR AUCTIONEER SERVICES. Sponsor: Mayor Council Member Pat Starr asked the City Attorney if the inclusion of both the declaration of surplus property and authorization to enter into an agreement for auctioneer services was proper as to form and legality as it relates to the embracing of one subject. City Attorney Stacy Kooistra indicated that he had not personally reviewed the resolution and opined that it's possible the resolution may include more than one subject. At this point, Council Member Janet Brekke made a motion to amend the resolution by striking the provision authorizing the mayor to sign an auctioneer agreement, seconded by Council Member Starr. Council Member Christine Erickson then pointed out that the item was submitted pursuant to City ordinance insofar as it is accompanied by an agenda approval form showing the City Attorney's Office approved the resolution as to form and legality. She then asked the City Clerk in his capacity as the parliamentarian if the resolution could be divided into separate questions. City Clerk Tom Greco stated that an appropriate manner to do this would be to consider a motion to divide the present question into the two afore-mentioned parts. Council Member Brekke agreed to withdraw her motion and there were no objections from the body. A motion was made by Council Member Brekke and seconded by Council Member Starr to divide the question into two parts as follows: 1) declaring certain real property of the City Surplus; and, 2) authorizing the Mayor to enter into an agreement for auctioneer services. Roll call vote to divide the question. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. A motion was made by Council Member Brekke and seconded by Council Member Starr to approve the declaration of certain real property of the City surplus. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve authorizing the Mayor to enter into agreement for auctioneer services. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. As both questions were approved in the affirmative, Resolution 77-21 is duly adopted. RESOLUTION NO. 77-21 A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT FOR AUCTIONEER SERVICES. WHEREAS, the City owns the personal property located at 47032 W. 85th St., Sioux Falls, SD, consisting of a house and attached garage; and WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and  WHEREAS, the personal property located at 47032 W. 85th St., Sioux Falls, SD, is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares pursuant to SDCL Chapter 6-13 the personal property located at 47032 W. 85th St., Sioux Falls, SD, consisting of a house and attached garage to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 2. The above-described personal property shall be sold at public auction pursuant to SDCL 6-13-6 to the highest bidder. Section 3. Pursuant to SDCL 6-13-4 notice of the sale shall be given by publishing a notice of the sale at least twice, with the first publication not less than ten days prior to the date of the auction. The notice shall describe the property to be sold and the time. Section 4. That the document entitled “Agreement For Auctioneer Services” (the “Agreement”), substantially in the form attached hereto and made a part of this resolution, is hereby approved. Section 5. That the Mayor is authorized to sign such Agreement, substantially in the form attached hereto after it is ratified and executed by Sweeter Auction & Real Estate, LLC and any and all other documents, amendments, or other instruments as may be deemed necessary to make the sale of the personal property, pursuant to and subject to all other conditions and terms as set forth in the Agreement. Section 6. The City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 08/03/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF GRIFFITH PARK ADDITION. The Planning Commission recommends approval (3-0). Private Applicant(s): Enclave Construction, LLC – Kari Franklin A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 78-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 78-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF GRIFFITH PARK ADDITION.  BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Griffith Park Addition to the City of Sioux Falls, Minnehaha 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: 08/03/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM TUESDAY, OCTOBER 19, 2021, TO MONDAY, OCTOBER 18, 2021. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 79-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 79-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM TUESDAY, OCTOBER 19, 2021, TO MONDAY, OCTOBER 18, 2021. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, October 19, 2021, will be rescheduled to 6 p.m., Monday, October 18, 2021, as City Council members will be attending the Sioux Falls Chamber of Commerce Annual Meeting. The corresponding Informational Meeting will also be rescheduled to Monday, October 18, 2021. Date adopted: 08/03/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 45. Special One-Day Malt Beverage License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on September 4, 2021.  A motion was made by Council Member Neitzert and seconded by Council Member Soehl to set a date of hearing for Tuesday, August 17, 2021 for Item 45. Roll call vote to set a date of hearing. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Oz Angel spoke about rent control, insurance costs, and transit. David Zokaites spoke about public confidentiality. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 7:01 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk