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City Council Meeting

Regular Meeting

Sioux Falls, SD · October 5, 2021

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Minutes

MINUTES Regular City Council Meeting Tuesday, October 5, 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 Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (via Telecom), Mayor Paul TenHaken Absent: Council Member Marshall Selberg, Council Member Christine M. Erickson 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA Council Member Alex Jensen made a request to pull Sub-Item 14 from Agenda Item 6 and place it on the Regular Agenda for a proposed withdrawal. Council Member Pat Starr made a request to pull Sub-Items 27 and 38 from Agenda Item 6 and place them on the Regular Agenda for discussion purposes. A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 21, 2021  City Council Meeting of Tuesday, September 21, 2021  Joint City Council / Minnehaha County Commission Meeting of Tuesday, September 28, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 1, 2021. A motion was made by Council Member Kiley and seconded by Council Member Jensen to withdraw Sub-Item 6: Planning and Development Services; Site Acquisition/Development Agreement--Amended and Restated Agreement; South Eastern Development Foundation; No change in amount. Roll call vote to withdraw. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Starr to approve Sub-Item 37: Human Resources; Wellbeing Agreement; Veritee Partners; To Establish Pricing. Roll call vote to approve. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve Sub-Item 38: Attorney; Engagement Agreement for Human Relations Commission Review; Cadwell, Sanford, Delbert & Garry, LLP; Not to exceed $5,000. Roll call vote to approve. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated October 1, 2021. 8. Report of Requests for Quotes for Fuel dated September 21, 2021: Dyed Diesel #2 (7,500 Gallons); Vollan Oil ($2.3772); Farstad Oil, Howes Oil, and CHS all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: September 22, 2021: Unleaded (7,000 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 ($2.383). 10. Report of Requests for Quotes for Fuel dated: September 27, 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 $2.45. 11. Report of Requests for Quotes for Fuel dated September 27, 2021: Dyed Diesel #2 (7,500 Gallons); Coles Petroleum ($2.448); Harms Oil, Olson Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on October 13 & 22, 2021. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Williquors Inc. to be operated at Mary Jo Wegner Arboretum, 1900 South Perry Place, for a special event on October 17, 2021. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 14. Ross and Brittany Trujillo, 4417 W. Mills St., Parcel #281.94.08.028, for 2020 property taxes in the amount of $1,046.58. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 15. Set a date of hearing for Monday, October 18, 2021. New 2021 Package Liquor License for Get N Lit, 2708 South Ellis Road, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 16. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 101, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 17. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 101. 18. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 102, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 19. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 102. 20. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 103, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 21. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 103. 22. Set a date of hearing for Monday, October 18, 2021. New 2021 Package Liquor License and Renewal of 2022 Package Liquor License for Chevy’s Fresh Mex, 2801 South Louise Avenue (CUP not required). 23. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Johnny Carino’s, 2310 South Louise Avenue. 24. Set a date of hearing for Monday, October 18, 2021. New 2021 Package Liquor License and Renewal of 2022 Package Liquor License for Freedom Valu Centers, 1601 South Minnesota Avenue. 25. Set a date of hearing for Monday, October 18, 2021. New 2022 Package Liquor License for Gash Barka LLC, 2412 East 10th Street (CUP not required). 26. Set a date of hearing for Monday, October 18, 2021. New 2022 Package Liquor License and New 2022 Off-Sale Delivery License for Thirsty Duck, 945 South Marion Road, Suite 101. 27. Set a date of hearing for Monday, October 18, 2021. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Top Shelf Entertainment LLC, Wine & Canvas, 1412 West 41st Street, to Jodi Baumgartner, Black Cat Art Studio, 1412 West 41st Street, with Conditional Use Permit (012880-2020) being approved on October 7, 2020. 28. Set a date of hearing for Monday, October 18, 2021. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Alimamy Kamura, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, with Conditional Use Permit (8209- 2018) being approved on April 4, 2018. 29. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Xtra Time Sports Bar, 4719 East Arrowhead Parkway. REGULAR AGENDA 30. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend the Regular Agenda by placing agenda Item 48 immediately after agenda Item 36. Roll call vote to amend. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Sub-Items 6, 37, and 38 from Agenda Item 6 were heard at this time. See item for action taken. UNFINISHED BUSINESS 31. 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. Pending permit issuance and final inspections per Building Services. 32. 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. 33. 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. 34. 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. 35. 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. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve Items 31 through 35. Roll call vote to approve. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND FIRE AND TRANSIT OPERATIONS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Ordinance No. 115-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Item 48 was heard at this time. See item for action taken. 37. 2nd 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). Private Applicant(s): Core States Group, Inc - Ben Mayo A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 116-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 38. 2nd 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). Private Applicant(s): Signature Companies, LLC - Clint Ackerman A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 117-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 39. 2nd 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). Private Applicant(s): TAGR Properties A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 118-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 40. 2nd 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). Private Applicant(s): Ryan and Christine Carlson A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 119-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 41. 2nd 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). Private Applicant(s): Lampert/Scotts Lumber - Dennis Hoyt A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 120-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 42. 2nd 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). Private Applicant(s): Norman Engineering, INC. - Aaron Norman A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 121-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 43. 2nd 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). Private Applicant(s): Legacy Development & Consulting Company, LLC - Daren Ketcham A motion was made by Council Member Jensen and seconded by Council Member Soehl to defer this item to the City Council Meeting on Tuesday, October 12, 2021. Roll call vote to defer. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 44. 2nd 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). Private Applicant(s): Roger Lamp A motion was made by Council Member Soehl and seconded by Council Member Neitzert to adopt Ordinance No. 122-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 45. 2nd 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). Private Applicant(s): VanBuskirk Companies - Ryan Tysdale A motion was made by Council Member Jensen and seconded by Council Member Starr to adopt Ordinance No. 123-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 46. 2nd 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). Private Applicant(s): WS Construction Management, LLC A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Ordinance No. 124-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 47. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FIREHOUSE 42 DEVELOPMENT (14944-2021). The Planning Commission recommends approval (5-0). Private Applicant(s): WS Construction Management, LLC A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 111-12. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 111-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FIREHOUSE 42 DEVELOPMENT (14944-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Firehouse 42 Development 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: 10/05/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. Transit ($250,000); Parks and Recreation ($50,000); Police ($21,000). Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 112-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 112-21 A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2021–2025 Capital Program shall be amended as follows: Transit Amend the Other Capital Expenditures Program by adding two-way radios in 2021. The additional cost is $250,000 and will require an increase in appropriations that will be funded from the Transit Fund unassigned fund balance. Parks and Recreation Amend the Other Capital Expenditures Program by adding two (2) walk-in freezers for the zoo in 2021. The additional cost is $50,000 and will not require an increase in appropriations as it will be funded by savings from other Parks equipment purchased in 2021. Police Amend the Other Capital Expenditures Program by adding a fit test machine in 2021. The additional cost is $21,000 and will not require an increase in appropriations as it will be funded by savings from other Police equipment purchased in 2021. Date adopted: 10/05/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 49. 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. 113-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 113-21 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 Keith Severson Board of Ethics Appointed for a term from October 2021 to October 2025 (to replace Wanda Harris). Tony Burke Commission on Human Appointed for a term from October 2021 Relations to May 2026 (to replace Bill Wood). Patricia Herman Disability Awareness and Appointed for a term from October 2021 Accessibility Review to December 2023 (to fill the unexpired Board term of Kellie Schelhaas). Justine Murtha Library Board of Trustees Appointed for a term from October 2021 to October 2024 (to replace Jean Beddow). Kyle Muchow Mechanical Board of Appointed for a term from October 2021 Appeals and Examiners to September 2022 (to fill the unexpired term of Heath Taggart). Chris Heidrich Zoning Board of Appointed for a term from October 2021 Adjustment to October 2024 (to replace Michael Jones). Graham Oey Zoning Board of Reappointed for a term from October 2021 Adjustment to October 2024. Date adopted: 10/05/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Mike Zitterich spoke about the City Council and the City of Sioux Falls joining with the South Dakota State Legislature in asking the Federal Government to abide by their constitutionally delegated responsibilities. Emmett Reistroffer spoke about the specific details of the medical cannabis ordinance regarding the number of applications that will be accepted per location. Chad Bishop spoke about COVID vaccines, COVID immunity and the number of individuals that have recovered from the COVID infections. Yvonne Oliver spoke about the COVID vaccine and how it impacts citizen's rights. Linda Oliver spoke about the COVID vaccine. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Jensen to adjourn the meeting at 7 p.m. Roll call vote to adjourn. 6 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA (Revised 10/04/21) Regular City Council Meeting Tuesday, October 5, 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 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 Council Member Christine M. Erickson Mayor Paul TenHaken 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 21, 2021  City Council Meeting of Tuesday, September 21, 2021  Joint City Council / Minnehaha County Commission Meeting of Tuesday, September 28, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 1, 2021. 7. Notice of change orders on the memorandum dated October 1, 2021. 8. Report of Requests for Quotes for Fuel dated September 21, 2021: Dyed Diesel #2 (7,500 Gallons); Vollan Oil ($2.3772); Farstad Oil, Howes Oil, and CHS all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: September 22, 2021: Unleaded (7,000 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 ($2.383). 10. Report of Requests for Quotes for Fuel dated: September 27, 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 $2.45. 11. Report of Requests for Quotes for Fuel dated September 27, 2021: Dyed Diesel #2 (7,500 Gallons); Coles Petroleum ($2.448); Harms Oil, Olson Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on October 13 & 22, 2021. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Williquors Inc. to be operated at Mary Jo Wegner Arboretum, 1900 South Perry Place, for a special event on October 17, 2021. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 14. Ross and Brittany Trujillo, 4417 W. Mills St., Parcel #281.94.08.028, for 2020 property taxes in the amount of $1,046.58. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 15. Set a date of hearing for Monday, October 18, 2021. New 2021 Package Liquor License for Get N Lit, 2708 South Ellis Road, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 16. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 101, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 17. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 101. 18. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 102, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 19. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 102. 20. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 103, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 21. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 103. 22. Set a date of hearing for Monday, October 18, 2021. New 2021 Package Liquor License and Renewal of 2022 Package Liquor License for Chevy’s Fresh Mex, 2801 South Louise Avenue (CUP not required). 23. Set a date of hearing for Monday, October 18, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Johnny Carino’s, 2310 South Louise Avenue. 24. Set a date of hearing for Monday, October 18, 2021. New 2021 Package Liquor License and Renewal of 2022 Package Liquor License for Freedom Valu Centers, 1601 South Minnesota Avenue. 25. Set a date of hearing for Monday, October 18, 2021. New 2022 Package Liquor License for Gash Barka LLC, 2412 East 10th Street (CUP not required). 26. Set a date of hearing for Monday, October 18, 2021. New 2022 Package Liquor License and New 2022 Off-Sale Delivery License for Thirsty Duck, 945 South Marion Road, Suite 101. 27. Set a date of hearing for Monday, October 18, 2021. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Top Shelf Entertainment LLC, Wine & Canvas, 1412 West 41st Street, to Jodi Baumgartner, Black Cat Art Studio, 1412 West 41st Street, with Conditional Use Permit (012880-2020) being approved on October 7, 2020. 28. Set a date of hearing for Monday, October 18, 2021. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Alimamy Kamura, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, with Conditional Use Permit (8209- 2018) being approved on April 4, 2018. 29. Set a date of hearing for Monday, October 18, 2021. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Xtra Time Sports Bar, 4719 East Arrowhead Parkway. REGULAR AGENDA 30. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 31. 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. Pending permit issuance and final inspections per Building Services. 32. 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. 33. 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. 34. 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. 35. 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND FIRE AND TRANSIT OPERATIONS. Sponsor: Mayor 37. 2nd 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). Private Applicant(s): Core States Group, Inc - Ben Mayo 38. 2nd 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). Private Applicant(s): Signature Companies, LLC - Clint Ackerman 39. 2nd 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). Private Applicant(s): TAGR Properties 40. 2nd 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). Private Applicant(s): Ryan and Christine Carlson 41. 2nd 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). Private Applicant(s): Lampert/Scotts Lumber - Dennis Hoyt 42. 2nd 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). Private Applicant(s): Norman Engineering, INC. - Aaron Norman 43. 2nd 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). Private Applicant(s): Legacy Development & Consulting Company, LLC - Daren Ketcham 44. 2nd 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). Private Applicant(s): Roger Lamp 45. 2nd 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). Private Applicant(s): VanBuskirk Companies - Ryan Tysdale 46. 2nd 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). Private Applicant(s): WS Construction Management, LLC HEARINGS AND RESOLUTIONS 47. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FIREHOUSE 42 DEVELOPMENT (14944-2021). The Planning Commission recommends approval (5-0). Private Applicant(s): WS Construction Management, LLC 48. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. Transit ($250,000); Parks and Recreation ($50,000); Police ($21,000). Sponsor: Mayor 49. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT NOTE: The October 19, 2021 Informational and City Council Meetings have been rescheduled to Monday, October 18, 2021. 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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