City Council Meeting

MINUTES Regular City Council Meeting Tuesday, January 4, 2022 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 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 (via Telecom), Council Member Alex Jensen, Mayor Paul TenHaken Absent: None The Mayor recognized Bear Den Troop 371 in the audience. Council Vice Chair Jensen recognized Assistant City Clerk Tamara Jorgensen for her 20 years of service to the city. 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 Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 21, 2021  City Council Meeting of Tuesday, December 21, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 30, 2021. 7. Notice of change orders on the memorandum dated December 30, 2021. 8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated December 16, 2021; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil #1 Clear Diesel ($2.9151) and #2 Clear Diesel ($2.6516); Harms Oil #1 Clear Diesel ($3.0011) and #2 Clear Diesel ($2.7834); Petroleum Traders, CHS, Parkland USA/SPF Energy Inc., Farstad Oil, and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated December 20, 2021; Dyed Diesel #1 (3,000 Gallons), Dyed Diesel #2 (3,000 Gallons), and Unleaded (2,000 Gallons); Coles Petroleum (Dyed Diesel #1 ($2.3638), Dyed Diesel #2 ($2.3638) and Unleaded ($2.378); Vollan Oil (Dyed Diesel #1 ($2.4935), Dyed Diesel #2 ($2.2935) and Unleaded ($2.398). Howes Oil, no bid. Bid awarded to: Coles Petroleum. 10. Report of Requests for Quotes for Fuel dated December 22, 2021; Unleaded (8,500 Gallons); Farstad Oil (Unleaded $2.4530) and Coles Petroleum (Unleaded $2.4956). Bid awarded to: Farstad Oil. 11. Report of Requests for Quotes for Fuel dated December 27, 2021; Unleaded E10 (2,500 Gallons); Vollan Oil (Unleaded E10 $2.5337) and Coles Petroleum (Unleaded E10 $2.5340); Howes Oil, Farstad Oil, Harms Oil, MG Oil, Olson Oil, Stern Oil, and CHS Inc., all no bid. Bid awarded to: Vollan Oil. 12. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Nicole Bissell-Hovdestad. APPLICATIONS 13. Renewal of 2022 Retail Liquor License for Lucky’s, 224 South Phillips Avenue. 14. Special One-Day Malt Beverage License for Salon Mia to be operated at the Multi- Cultural Center, 515 North Main Avenue, for a comedy show on February 26, 2022. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, January 18, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Common Sense, 400 South 2nd Avenue (CUP not required). 16. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Package Liquor License for Good Spirits Fine Wine & Liquor, 3221 South Minnesota Avenue (CUP not required). 17. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Retail Wine & Cider License for Deuces Casino 1, 1708 West Burnside Street, with Conditional Use Permit (013694-2021) being approved on February 3, 2021. 18. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Retail Wine & Cider License for Deuces Casino 1.5, 1706 West Burnside Street, with Conditional Use Permit (013694-2021) being approved on February 3, 2021. 19. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Retail Wine & Cider License for Deuces Casino 1.75, 1704 West Burnside Street, with Conditional Use Permit (013694-2021) being approved on February 3, 2021. 20. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Retail Wine & Cider License for Crown Casino Ellis 1, 2916 South Ellis Road (CUP not required). 21. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Retail Wine & Cider License for Crown Casino Ellis 2, 2918 South Ellis Road (CUP not required). 22. Set a date of hearing for Tuesday, January 18, 2022. New 2022 Retail Wine & Cider License for Crown Casino Ellis 3, 2920 South Ellis Road (CUP not required). 23. Set a date of hearing for Tuesday, January 18, 2022. Special One-Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for special events on February 5 and 26, 2022. REGULAR AGENDA 24. 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. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Blown Away Vaping Inc., 2011 South Minnesota Avenue, with Conditional Use Permit (CU-015430-2021) being approved on December 1, 2021. Pending Change in Use permit issuance. 26. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Beaudion LLC, Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115 (CUP not required). 27. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Fasika Restaurant LLC, 301 South Garfield Ave, Suite 10 (CUP not required). 28. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SD Hookah Lounge LLC, 301 South Garfield Avenue, Suite 8, with Conditional Use Permit (CU-15511-2021) being approved on December 1, 2021. Pending Change in Use permit issuance. 29. Request to add video Lottery Terminals with the 2021-22 Retail Malt Beverage License for TJS LLC, JJ’s Axes & Ales, 3016 West 57th Street (CUP not required). 30. Special One-Day Malt Beverage and Special One-Day Wine Licenses for American Cancer Society to be operated at 4501 East Arrowhead Parkway, Suite 101, for a fundraiser on January 15, 2022. 31. Special One-Day Liquor License for T Slat Inc, to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for a Christmas party on January 8, 2022. 32. Special One-Day Liquor License for T Slat Inc., to be operated at 5 Oaks Event Hall, 480 East 69th Street, for a Roaring 20’s event on January 22, 2022. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Items 25 through 32. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 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 2508-2809 N. BENT GRASS CT. FROM THE MH MANUFACTURED HOUSING DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15381-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Southeastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 1-22. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3000 W. ALAGAR PL. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15392-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Deffenbaugh Construction Inc - Jesse Deffenbaugh  A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 2-22. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5055 E. GRANT ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 15400-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Willadsen Lund Engineering - Eric Willadsen A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 3-22. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF THE PROPERTY LOCATED AT 5100 E. 69TH ST. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICTS, NO. 15439-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Schmitz Kalda and Associates Inc – Kim Buell A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 4-22. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6301 E. 33RD ST. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICT, NO. 15446-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): PowderHaus Apartments, LLC – Josh Kruger A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 5-22. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3801 S. ELMWOOD AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 15507-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Bob Natz A motion was made by Council Member Neitzert and seconded by Council Member Kiley to defer Item 38 to the City Council Meeting on Monday, January 31, 2022. Roll call vote to defer. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE BETWEEN THE CITY OF SIOUX FALLS AND ZEAL D/B/A STARTUP SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, January 11, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 11, 2022 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. NEW BUSINESS A motion was made by Council Member Brekke and seconded by Council Member Neitzert to add a motion to reconsider AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036 APPLICATION TO APPOINTIVE OFFICERS, Adopted at the City Council Meeting of Tuesday, December 21, 2021. Roll call vote to submit. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. A motion was made by Council Member Brekke and seconded by Council Member Neitzert to reconsider AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036 APPLICATION TO APPOINTIVE OFFICERS, adopted at the City Council Meeting of Tuesday, December 21, 2021 and to defer formal action to the meeting of Tuesday, January 11, 2022.  Roll call vote to reconsider. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Chad Bishop spoke about COVID vaccinations and the length of time it takes for the FDA to review vaccinations. David Zokaites spoke about food deserts. Sierra Broussard spoke about the recent HyVee Food closure and a petition signed by neighbors who are impacted by the closure. Chester Deyoung spoke about design standards for road thickness. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Kiley to adjourn at 7:15 p.m. Voice vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk