City Council Meeting

MINUTES Regular City Council Meeting Tuesday, July 5, 2022 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Curt Soehl, Council Member Pat Starr (arr. 6:02 p.m. via telecom), Council Member David Barranco, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: Council Member Alex Jensen 1. MEETING ROLL CALL 2. INVOCATION  Pastor Charlie Moore, Sunnycrest United Methodist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 21, 2022  City Council Meeting of Tuesday, June 21, 2022  Informational Meeting of Tuesday, June 28, 2022  Joint City Council / Minnehaha County Commission Meeting of Tuesday, June 28, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 1, 2022. 7. Notice of change orders on the memorandum dated July 1, 2022. 8. Approval of a request from Larry and Andra Kallhoff to consume, but not sell, wine, beer, and liquor at the Mary Jo Wegner Arboretum, 1900 S. Perry Place, on July 23, 2022, for the following purpose: family reunion. 9. Approval of a request from Christopher James to consume, but not sell, wine, beer, and liquor at the Mary Jo Wegner Arboretum, 1900 South Perry Place, on September 25, 2022, for the following purpose: wedding ceremony and reception. 10. Approval of a request from Noah Reeves and Emma Nelson to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on October 8, 2022, for the following purpose: wedding. 11. Report of Requests for Quotes for Fuel dated: June 16, 2022: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 1767, the awarded contractor is Vollan Oil, price paid is Unleaded $4.0115. 12. Report of Requests for Quotes for Fuel dated June 16, 2022; Diesel (7,500 Gallons). Vollan Oil (Diesel $4.664) Harms Oil no bid. Bid awarded to: Vollan Oil 13. Report of Requests for Quotes for Fuel dated: June 23, 2022: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17677, the awarded contractor is Vollan Oil, price paid is Unleaded $3.9487. APPLICATIONS 14. Renewal of 2022-23 Retail Malt Beverage\SD Farm Wine License for Touchmark at All Saints, 111 West 17th Street. 15. Renewal of 2022-23 Retail Malt Beverage\SD Farm Wine License for T-Juanita Street Food and Cheladas, 702 East 8th Street. 16. Renewal of 2022-23 Retail Malt Beverage\SD Farm Wine License for Stubbies Bar & Grill, 5024 South Cliff Avenue. 17. Special One-Day Malt Beverage License for El Riad Shriners to be operated at 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 23, 2022. 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 July 21, 22, 23, 28, 29, 30, August 4, 5 and 6, 2022. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 19. Parcel #2022-0163, for 2021 property taxes in the amount of $258,107.38. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 20. Parcel #280.98.00.200, for 2021 property taxes in the amount of $88.51. Reason: The property is exempt from the tax. 21. Parcel #281.84.01.002, for 2021 property taxes in the amount of $17.86. Reason: The property is exempt from the tax. 22. Parcel #281.95.04.001A, for 2021 property taxes in the amount of $2,543.22. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #280.76.18.001, for 2021 property taxes in the amount of $2,543.20. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 24. Set a date of hearing for Tuesday, July 19, 2022. New 2022 Restaurant On-Sale Liquor License for Plaza Azteca Sioux Falls Inc., Plaza Azteca Mexican Restaurant, 3500 West 69th Street (CUP not required). 25. Set a date of hearing for Tuesday, July 19, 2022. New 2022 Retail Wine License for Covert Artisan Ales LLC, 434 East 8th Street. 26. Set a date of hearing for Tuesday, July 19, 2022. New 2022 Retail Wine License and 2022-23 Malt Beverage License for Vitamin Cottage Natural Food Markets Inc., 2601 South Louise Ave, Suite 300 (CUP not required). 27. Set a date of hearing for Tuesday, July 19, 2022. New 2022-23 Retail Malt Beverage License for Bast LLC, 101 South Phillips Avenue, Suite 101 (CUP not required). 28. Set a date of hearing for Tuesday, July 19, 2022. New 2022 Retail Liquor License for Landscapes Management Company LLC, Prairie Green Golf Course, 600 East 69th Street (CUP not required). 29. Set a date of hearing for Tuesday, July 19, 2022. New 2022 Retail Liquor License for Landscapes Management Company LLC, Elmwood Golf Course, 2604 West Russell Street (CUP not required). 30. Set a date of hearing for Tuesday, July 19, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 480 East 69th Street, for a wedding reception on August 6, 2022. 31. Set a date of hearing for Tuesday, July 19, 2022. Special One-Day Liquor License for Pave LLC to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for a concert on August 27, 2022. REGULAR AGENDA 32. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend the Regular Agenda by moving agenda item 50 immediately after agenda item 46. Roll call vote to amend. 6 Yes: Soehl, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. Roll call vote to approve, as amended. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 33. New 2022-23 Retail Malt Beverage License and New 2022 Retail Wine License for Mertens and Stoterau LLC, Rack City, 309 South Bahnson Avenue, with Conditional Use Permit (16422-2022) being approved on June 1, 2022. Pending final inspections per Building Services. 34. New 2022-23 Retail Malt Beverage License and New 2022 Retail Wine License for Holiday Stationstores LLC, Circle K, 1301 East 69th Street. Pending final inspections per Building Services. 35. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage License for Holiday Stationstores LLC, Circle K, 1301 East 69th Street. 36. Transfer of 2021-22 Retail Malt Beverage License and 2022 Retail Wine License from Kathmandu Indian Cuisine, 5310 East Arrowhead Parkway, to Kathmandu Indian Cuisine LLC, 5310 East Arrowhead Parkway. 37. Transfer of 2022 Package Liquor License and 2022-23 Retail Malt Beverage License, including video lottery terminals, from Davlon Inc., 400 North West Avenue, to MG Oil Company, Corner Pantry 32, 400 North West Avenue. 38. Special One Day Malt Beverage License for SD Suds to be operated at Frontier Climbing and Fitness, 5045 Grant Street, for a festival on June 25, 2022. 39. Special One-Day Liquor License for T Slat Inc., to be operated at Avera Behavioral Health parking lot, 4400 West 69th Street, for Hearts in Healing event on July 14, 2022. 40. Special One Day Liquor License for Downtown Sioux Falls Inc., to be operated at the Avera IT parking lot, Great Outdoor store parking lot, on 2nd Avenue between East 10th and East 11th and Fawick Park greenspace, for Riverfest on August 20, 2022. 41. Special One-Day Liquor Licenses for KJT LLC, to be operated at The Social, 301 South Thompson Avenue, for weddings on August 7, September 3, 4, 10, 17, 23 and 24, 2022. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve Items 33 through 41 with one vote. Roll call vote to approve. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 72-22. A motion was made by Council Member Selberg and seconded by Council Member Cole to amend by inserting "Section 15: The effective date of this ordinance shall be September 1, 2022". Roll call vote to amend. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1013 S. SHERMAN AVE. FROM THE RD-1 RESIDENTIAL—DUPLEX AND TWIN HOME DISTRICT TO THE RT-2, TOWNHOME  RESIDENTIAL—TRADITIONAL DISTRICT, NO. 16383-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): John & Nancy Stratman A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 73-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BITTERROOT ST. AND EAST OF S. TRIVOLI PL. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 16396-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 74-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. NORTHVIEW AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 16399-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc. - Pat Schwebach A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 75-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 46. 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 RA-3 APARTMENT RESIDENTIAL— HIGH DENSITY AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 16441- 2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): CR Lloyd Associates Inc. - Drew O’Brien A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 76-22.  Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5001 E. MADISON ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 16436-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): John Nordlie A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 77-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Ordinance No. 78-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 49. 1st Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, July 12, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 12, 2022 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 50. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF OLLERICH ADDITION (16440-2022). The Planning Commission recommends approval (6-0). Private Applicant(s): CR Lloyd Associates Inc. - Drew O’Brien  A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 74-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 74-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF OLLERICH ADDITION (16440-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Ollerich 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: 07/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 51. A RESOLUTION APPROVING A REVISED JOINT COOPERATIVE AGREEMENT ESTABLISHING THE SOUTH EASTERN COUNCIL OF GOVERNMENTS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 75-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 75-22 A RESOLUTION APPROVING A REVISED JOINT COOPERATIVE AGREEMENT ESTABLISHING THE SOUTH EASTERN COUNCIL OF GOVERNMENTS. WHEREAS, in 1970, South Dakota Governor Frank Farrar signed an Executive Order creating six Planning and Development Districts in South Dakota; and WHEREAS, the South Eastern Council of Governments (SECOG) was created when local officials in the area exercised their authority under the “Joint Exercise of Governmental Powers” (SDCL 1-24); and WHEREAS, SECOG serves Clay, Lincoln, McCook, Minnehaha, Turner, and Union Counties as well as the municipalities located within those counties in southeastern South Dakota; and WHEREAS, SECOG was created as a means whereby counties and cities and other public and private organizations within them may cooperate with one another to improve the health, safety, and general welfare of the citizens of the region; and WHEREAS, SECOG promotes regional cooperation and the economical delivery of services and has been providing technical assistance to local governmental entities for more than 50 years; and WHEREAS, SECOG’s Executive Board has determined that the existing Joint Cooperative Agreement entered into in 2017 should be revised; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The City of Sioux Falls hereby approves the document titled “South Eastern Council of Governments Joint Cooperative Agreement” (the “Agreement”) among Clay, Lincoln, McCook, Minnehaha, Turner, and Union counties and the cities of Brandon, Harrisburg, Sioux Falls, Tea, and Vermillion. 2. The Agreement, containing revisions to the existing 2017 Joint Cooperative Agreement, is attached to and hereby made a part of this resolution. 3. That the Mayor is authorized to sign such Agreement. 4. 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: 07/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 52. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Neitzert to adopt Resolution No. 76-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 76-22 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 Angela Bakke Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2023.  Ken Bashore Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2025. Michael Hart Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2025. Shailesh Patel Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2023. Lorie Hogstad Library Board of Trustees Reappointed for a term from July 2022 to July 2025. Joel Rosenthal Library Board of Trustees Reappointed for a term from July 2022 to July 2025. Date adopted: 07/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Robert Kolbe spoke about the demographics in the City of Sioux Falls in 1938-1939. Chester Deyoung spoke about his project with the City of Sioux Falls. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Cole to adjourn the meeting at 6:35 p.m. Voice vote to adjourn. 7 Yes: Soehl, Starr, Barranco, Cole, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk