City Council Meeting

MINUTES City Council Meeting Tuesday, September 21, 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, Council Member Janet Brekke, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Larry S. Forristall, New Beginnings Faith 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 Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 14, 2021  City Council Meeting of Tuesday, September 14, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 17, 2021. 7. Notice of change orders on the memorandum dated September 17, 2021. 8. Report of Requests for Quotes for Fuel dated: September 9, 2021; Dyed Diesel # 2 (9,500 Gallons); Harms Oil ($2.362); Farstad Oil, Coles Petroleum, Howes Oil, CHS, and Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: September 9, 2021: Unleaded (6,500 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 $2.4163. 10. Report of Requests for Quotes for Fuel dated: September 13, 2021; Dyed Diesel #2 (3,000 Gallons) and Unleaded E10 (5,000 Gallons); Vollan Oil (Dyed Diesel #2 $2.4494 and Unleaded $2.3072). Howes Oil, Olson Oil, Coles Petroleum, and Harms Oil, all no bid. Bid awarded to: Vollan Oil. 11. Approval of a request from Brooke Elise Wise to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. 6th St., on December 18, 2021, for the following purpose: wedding. 12. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Don & Andy Rose. APPLICATIONS 13. Special One-Day Liquor License for T Slat Inc. to be operated at the Old Courthouse Museum, 200 West 6th Street, for a YPN Christmas party on December 9, 2021. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, October 5, 2021. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for Ace Capital LLC, 2310 West 41st Street, Suite 101, with Conditional Use Permit (014951-2021) being approved on September 1, 2021. 15. Set a date of hearing for Tuesday, October 5, 2021. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Ace Capital LLC, 2310 West 41st Street, Suite 101. 16. Set a date of hearing for Tuesday, October 5, 2021. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for football games on October 9, 30 and November 13, 2021. 17. Set a date of hearing for Tuesday, October 5, 2021. Special One-Day Liquor Licenses for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for Saturday Throw Down on October 23, 30 and November 6, 2021. 18. Set a date of hearing for Tuesday, October 5, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for a wedding on November 6, 2021. REGULAR AGENDA 19. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 20. New 2021-22 Retail Malt Beverage/SD Farm Wine License for SIR by Vanessens 430 East Eighth Street (CUP not required). Pending final inspections per Health and Building Services. 21. New 2021 Retail Wine & Cider License for Crawford’s, 214 South Phillips Avenue (CUP not required). 22. Transfer of 2021 Retail Liquor License, including video lottery terminals, from Q Club Inc., Lucky’s, 224 South Phillips Avenue, to LKN LLC, Lucky’s, 224 South Phillips Avenue (CUP not required). 23. Transfer of 2021 Retail Liquor License from Severance Beer LLC, 701 North Phillips Avenue, Suite 110, to Papa Woody’s Wood Fired Pizza Inc., 775 North Phillips Avenue (CUP not required). Pending final inspections per Health and Building Services. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Agenda Items 20 through 23. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Kiley to adopt Ordinance No. 113-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND FIRE AND TRANSIT OPERATIONS. Recommendation: Set a date of 2nd Reading for Tuesday, October 5, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 25. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1737 S. CLIFF AVE. FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14852-2021, 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, October 5, 2021. Private Applicant(s): Core States Group, Inc - Ben Mayo A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 26. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6000 S. CLIFF AVE. FROM THE C-3 COMMERCIAL— COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND O OFFICE DISTRICTS TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 14861-2021, 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, October 5, 2021. Private Applicant(s): Signature Companies, LLC - Clint Ackerman A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 27. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 719 S. 2ND AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14865-2021, 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, October 5, 2021.  Private Applicant(s): TAGR Properties A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 28. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 924 S. 2ND AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14870-2021, 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, October 5, 2021. Private Applicant(s): Ryan and Christine Carlson A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 29. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4050 S. GRANGE DR. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 14930-2021, 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, October 5, 2021. Private Applicant(s): Lampert/Scotts Lumber - Dennis Hoyt A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 30. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 250 N. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE PO-PUD PEDESTRIAN-ORIENTED PUD DISTRICT, NO. 14943- 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, October 5, 2021. Private Applicant(s): WS Construction Management, LLC A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 31.  Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 601 E. 8TH ST. FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE DT-PUD DOWNTOWN PUD DISTRICT, NO. 14949-2021, 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, October 5, 2021. Private Applicant(s): Norman Engineering, INC. - Aaron Norman A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF S. DARYL PL. AND S. HIGHLINE AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND C-3 COMMERCIAL— COMMUNITY DISTRICTS TO THE CN CONSERVATION AND LW LIVE-WORK DISTRICTS, NO. 14961-2021, 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, October 5, 2021. Private Applicant(s): Legacy Development & Consulting Company, LLC - Daren Ketcham A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 33. Roll call vote to set a date of 2nd Reading. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke; 2 No: Jensen, Starr. Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7409 S. MINNESOTA AVE. FROM THE AG AGRICULTURE DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 14967-2021, 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, October 5, 2021. Private Applicant(s): Roger Lamp A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5500 E. 18TH ST. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL  DISTRICT, NO. 14980-2021, 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, October 5, 2021. Private Applicant(s): VanBuskirk Companies - Ryan Tysdale A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 5, 2021 for Item 35. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE AMENDING THE JOINT ZONING REGULATIONS FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159, SUBCHAPTERS C COMMERCIAL, I-1 INDUSTRIAL, AND DEFINITIONS. The Minnehaha County Planning Commission recommends approval (5-1) and the Sioux Falls Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, September 28, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, September 28, 2021 for Item 36. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 37. A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT EASEMENT LOCATED IN LOT 1 IN BLOCK 8 OF PRAIRIE HILLS SOUTH ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. Private Applicant(s): Seykora Remodeling, L.L.C. A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 110-21. A motion was made by Council Member Erickson and seconded by Council Member Jensen to amend by substituting the existing exhibit with the one labeled "Exhibit A - Easement Release". Roll call vote to amend. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 110-21  A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT EASEMENT LOCATED IN LOT 1 IN BLOCK 8 OF PRAIRIE HILLS SOUTH ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent easement areas across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; WHEREAS, the permanent public utility easements in, over, and upon vacated S. Kiwanis Ave., lying in Lot 1 in Block 8 of Prairie Hills South Addition to the City of Sioux Falls, was reserved by City Resolution and filed in Book 16 of Misc. on page 1028 in the office of the Register of Deeds for Lincoln County, SD, on December 8, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement areas, as shown on attached Exhibit A, and affecting the real property described as Lot 1 in Block 8 of Prairie Hills South Addition, An Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/21/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Dennis Haugen spoke about border security. David Zokaites spoke about a more democratic government. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Jensen to adjourn at 6:39 p.m. Roll call vote to adjourn. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk