City Council Meeting

MINUTES Regular City Council Meeting Tuesday, November 2, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Marshall Selberg, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Pastor Aaron Asmus, Memorial Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Monday, October 18, 2021  City Council Meeting of Monday, October 18, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 29, 2021. 7. Notice of change orders on the memorandum dated October 29, 2021. 8. Approval of a request from Liam Montgomery and Emma Top to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on November 27, 2021, for the following purpose: wedding. APPLICATIONS 9. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for a reception on November 4, 2021. 10. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for Little Shop of Horrors on November 4, 5 & 6. 11. Special One-Day Wine License for KAK Inc., to be operated at Irene Hall Museum Resource Center, 4300 North Westport Avenue, for a fundraiser on December 2, 2021. 12. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #72762, for 2020 property taxes in the amount of $191.24. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) REGULAR AGENDA 14. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 15. New 2021 Package Liquor License for Minnehaha Country Cub, 3101 West 22nd Street (CUP not required). 16. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Chuck Stop LLC, Charlie’s Pizza, 6213 South Old Village Place (CUP not required). Pending final inspections per Fire, Health and Building Services. 17. Special One-Day Off-Sale Wine License for Rotary Club Sioux Falls West, 4712 East Alpine Circle, for a fundraiser on November 19, 2021.  A motion was made by Council Member Jensen and seconded by Council Member Erickson to approve Items 15 through 17. Roll call vote to approve. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED ON E. 21ST ST. BETWEEN S. 4TH AVE. AND S. 7TH AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICTS TO THE RHP SINGLE-FAMILY RESIDENTIAL—HISTORIC PRESERVATION DISTRICT, NO. 14959-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Multiple Property Owners A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 126-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4605 W. 69TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 14998-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Sayre & Associates: Thad Roberts A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Ordinance No. 127-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2010 AND 2012 W. 22ND ST. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 15009-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Erickson Properties, LLC-Tony Erickson A motion was made by Council Member Jensen and seconded by Council Member Brekke to adopt Ordinance No. 128-21.  Roll call vote to adopt. 6 Yes: Selberg, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3301 E. RICE ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING DISTRICT, NO. 15079-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Painter Properties-Steve Painter A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 129-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4100 W. 60TH ST. N. FROM THE C-4 COMMERCIAL— REGIONAL AND THE I-1 LIGHT INDUSTRIAL DISTRICTS TO THE I-1 LIGHT INDUSTRIAL AND I-2 HEAVY INDUSTRIAL DISTRICTS, NO. 15089-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Enclave Companies-Kari Franklin A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 130-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 15101-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Empire Homes-Brady Hyde A motion was made by Council Member Neitzert and seconded by Council Member Kiley to defer Item 23 to the City Council Meeting on Tuesday, November 9, 2021. Roll call vote to defer. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 725 E. 28TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15106-2021, AND AMENDING THE  OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): David Donahoe A motion was made by Council Member Brekke and seconded by Council Member Jensen to adopt Ordinance No. 132-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 800 S. SYCAMORE AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15107-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): AHS, Inc-Brent Tucker A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 133-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 530 N. CLIFF AVE. FROM THE O OFFICE DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15115- 2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): South Eastern Development Foundation-Lynne Keller Forbes A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Ordinance No. 134-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 9009 E. 57TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT, NO. 15117-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Todd Porter A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 135-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 705 S. BLAUVELT AVE. FROM THE I-1 LIGHT INDUSTRIAL, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION DISTRICT, NO. 15120-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): IronFox Farm-Daniel Vos A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 136-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 304 N. SPRING AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15126-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Discovery Realty Group-Destinie Marshall A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Ordinance No. 131-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 30. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 41ELLIS ADDITION (14832-2021). The Planning Commission recommends approval (6-0). Private Applicant(s): 41Ellis, LLC A motion was made by Council Member Jensen and seconded by Council Member Kiley to defer Item 30 to the City Council Meeting on Tuesday, November 9, 2021. Roll call vote to defer. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 31. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS EQUIPMENT TO THE CITY OF HARTFORD, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 126-21. Roll call vote to adopt. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.  RESOLUTION NO. 126-21 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS EQUIPMENT TO THE CITY OF HARTFORD, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls Fire Rescue has declared as surplus a 2005 Eagle air compressor, Serial No. 53647101; and WHEREAS, the city of Hartford finds it desirable to acquire the above-described compressor for use in its fire department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by the City of Sioux Falls of a 2005 Eagle air compressor, Serial No. 53647101, is hereby approved. Date adopted: 11/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Catherine Riffle spoke about human trafficking. Sierra Broussard spoke about citizens being notified by the City about upcoming changes in their neighborhoods. David Zoikaites spoke about affordable housing. Chad Bishop spoke about COVID vaccinations. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Selberg to adjourn the meeting at 6:46 p.m. Voice vote to adjourn. 7 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk