City Council Meeting

AGENDA City Council Meeting Tuesday, September 20, 2022 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Mayor Paul TenHaken 2. INVOCATION  Rev. Dr. Christina O'Hara, Church of the Good Shepherd 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council with one vote (majority for passage). Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council member, an item may be removed from the consent agenda and placed on the regular agenda whenever that council member believes additional discussion on the item is necessary”. Items removed from the Consent Agenda are typically considered after approval of the Regular Agenda. 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 13, 2022  City Council Meeting of Tuesday, September 13, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 16, 2022. 7. Report of Requests for Quotes for Fuel dated: September 12, 2022: Unleaded (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is Unleaded $3.0215. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Brian Williams and Kady Kohankie to consume, but not sell, alcoholic beverages (wine, beer, and champagne) at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 9, 2022, for the following purpose: wedding. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Jeremy and Lorena Blom to consume, but not sell, alcoholic beverages (wine, beer, and liquor) at the Old Courthouse Museum, 200 W. 6th St., on October 15, 2022, for the following purpose: wedding reception. APPLICATIONS 10. Special One-Day Liquor License for Prairie Pasta Inc., Johnny Casino’s to be operated at Mary Jo Wegner Arboretum, 1900 South Perry Place, for a wedding on September 24, 2022. 11. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC, Salon Mia to be operated at the Coliseum, 515 North Main Avenue, for an event on October 1, 2022. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Parcel #93697, for 2021 property taxes in the amount of $886.60. Reason: Property is in a floodplain and was incorrectly assessed. 13. Parcel #93664, for 2021 property taxes in the amount of $821.94. Reason: Property incorrectly assessed. 14. Parcel #59317, for 2021 property taxes in the amount of $326.25. Reason: Property incorrectly assessed. 15. Parcel #59317, for 2020 property taxes in the amount of $313.75. Reason: Property incorrectly assessed. 16. Parcel #59317, for 2019 property taxes in the amount of $277.65. Reason: Property incorrectly assessed. 17. Parcel #59317, for 2018 property taxes in the amount of $219.88. Reason: Property incorrectly assessed. NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, October 4, 2022. New 2022 Retail Wine License for Pho Thai LLC, 230 South Phillips Avenue, Suite 104. 19. Set a date of hearing for Tuesday, October 4, 2022. New 2022-23 Retail Malt Beverage License, off-sale use only, for Neighborhood Market Co LLC, 4301 East 12th Street. 20. Set a date of hearing for Tuesday, October 4, 2022. New 2022-23 Retail Malt Beverage License and New 2022 Retail Wine License for Panacea Brewing Company LLC, Remedy Brewing Company, 611 West Avenue, with Conditional Use Permit (CU- 016975-2022) being approved on September 7, 2022. 21. Set a date of hearing for Tuesday, October 4, 2022. New 2022-23 Retail Malt Beverage License for Randle’s Kitchen LLC, Randle’s Kitchen, 114 North Indiana Avenue. 22. Set a date of hearing for Tuesday, October 4, 2022. Transfer of 2022-23 Retail Malt Beverage License from Poke Picks Win LLC, 3412 South Western Avenue, to Oppa Chicken LLC, 3412 South Western Avenue. 23. Set a date of hearing for Tuesday, October 4, 2022. New 2022 Retail Wine License for Oppa Chicken LLC, 3412 South Western Avenue. 24. Set a date of hearing for Tuesday, October 4, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at Nyberg’s Ace Hardware, 330 West 41st Street, for a special event on October 8, 2022. 25. Set a date of hearing for Tuesday, October 4, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for a dance on October 8, 2022. 26. Set a date of hearing for Tuesday, October 4, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at Rehfeld’s Gallery, 431 North Phillips Avenue, lower level, for a special event on October 13, 2022. 27. Set a date of hearing for Tuesday, October 4, 2022. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for games on October 15, 22 and November 5, 2022. 28. Set a date of hearing for Tuesday, October 4, 2022. Special One-Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on October 14, 15, and 29, 2022. 29. Set a date of hearing for Tuesday, October 4, 2022. Special One-Day Wine License for Sioux Falls Lutheran Booster Club to be operated at 6715 South Boe Lane, for a fundraiser on November 4, 2022. REGULAR AGENDA  The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up for consideration are presented and public comment is taken prior to the making of motions. For Regular Agenda items, comments 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. 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. 30. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS Unfinished Business includes items that have come over from a previous meeting and which do not otherwise belong under a subsequent heading on the agenda. Pending questions may also be included under Unfinished Business. Actions: Presentation, Public Comment (5 minutes for items up for final consideration; otherwise 3 minutes), Council Questions, Motion, Debate, Vote (vote required varies by item type) 31. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; New 2022-23 Retail Malt Beverage License for Deuces Casino 13, 6010 South Cliff Avenue, Suite 101, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. Pending final inspections per Health and Building Services. 32. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13, 6010 South Cliff Avenue, Suite 101. 33. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; New 2022-23 Retail Malt Beverage License for Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. Pending final inspections per Health and Building Services. 34. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102. 35. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; New 2022-23 Retail Malt Beverage License for Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. Pending final inspections per Health and Building Services. 36. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103. 37. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; New 2022-23 Retail Malt Beverage License for Deuces Casino 13.75, 6010 South Cliff Avenue, Suite 104, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. Pending final inspections per Health and Building Services. 38. Deferred from the meetings of Tuesday, August 16, 2022 and September 13, 2022; Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13.75, 6010 South Cliff Avenue, Suite 104. 39. New 2022-23 Retail Malt Beverage License for Pilot Travel Center #716, 5201 North Granite Lane, Suite A. 40. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Pilot Travel Center #716, 5201 North Granite Lane, Suite A. 41. New 2022 Package Liquor License for Casey’s General Store #3049, 3236 South Sycamore Avenue. 42. New 2022 Package Liquor License for Casey’s General Store #2464, 500 North Kiwanis Avenue. 43. New 2022 Package Liquor License for Casey’s General Store #2351, 901 East Benson Road. 44. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for weddings on September 24, October 1, and 22, 2022. 45. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for games on September 24 and October 1, 2022. 46. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at MK Threads, 222 South Phillips Avenue; Friends of SDPB, 300 North Dakota Avenue, Suite 104; Intoxibakes, 421 North Phillips Avenue; JH & Sons, 216 South Phillips Avenue; Studio 20/20, 311 South Phillips Avenue, Suite 100; Chelsea's Boutique, 220 South Phillips Avenue; Mary’s Mountain Cookies, 701 North Phillips Avenue, Suite 120; Premier Playhouse, 315 North Phillips Avenue; Great Outdoor Store , 201 East 10th Street; Home Porch Gifts, 217 South Phillips Avenue; Friends of Sharing the Dream, 421 North Phillips Avenue; Full Circle Book Co-Op, 123 West 10th Street; Lauriebelles, 206 South Phillips Avenue; Preach-es, 225 East 11th Street, Suite 107; Nyberg's Ace, 200 East 12th Street; Rehfeld's Art & Framing, 431 North Phillips Avenue; Say Anything Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite108; JLG Architects, 232 South Main Avenue; Sticks & Steel, 401 East 8th Street, Suite 118; TH Grey, 330 South Phillips Avenue; Henna Harvest, 421 North Phillips Avenue; 8th & Railroad Center, 401 East 8th Street, Suite 200A; Hotel on Phillips, 100 North Phillips Avenue; Reach Literacy, 2101 West 41st Street, Unit 23, for an Art & Wine Walk on October 7, 2022. 47. Special One-Day Malt Beverage and Special One-Day Wine Licenses for R Wine Bar & Kitchen to be operated at Queen City Bakery, 324 East 8th Street, for a special event on October 15, 2022. 48. Special One-Day Liquor License for Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on October 22, 2022. INTRODUCTION AND ADOPTION OF ORDINANCES The title of all ordinances are read twice with at least five days intervening between the first and second reading. ORDINANCE SECOND READINGS Actions: Presentation, Public Comment (5 minutes), Council Questions, Motion, Debate, Vote (5 affirmative votes by members of the Council for adoption of ordinances (some ordinances require 6 affirmative votes for adoption)) 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF NELSON PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS SKATEPARK ASSOCIATION. Sponsor: Mayor Background & Objective: This item is a gifting/naming agreement to partner with the Sioux Falls Skate Park Association on construction of the proposed "Barb Iverson Skate Plaza at Nelson Park". The project will develop a skatepark, including a plaza space, street course, bowl zone, and associated park improvements (e.g. lighting, pathways, landscaping, parking and art opportunities). 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR PARKS AND RECREATION. Sponsor: Mayor Background & Objective: Providing supplemental appropriations for a contribution from the Sioux Falls Skatepark Association for design and construction administration for the new Sioux Falls Skate Park. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor Background & Objective: The City wishes to enter into a new lease agreement with New Cingular Wireless who is managed by AT&T at 1908 S. Melanie Lane, also known as the Melanie Water Tower. AT&T will have a non-exclusive space on top of the elevated water tower and an exclusive space in the north half of the building located adjacent to the water tower. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AMENDMENT NO. 1 TO AMENDED AND RESTATED WATER TANK LEASE AGREEMENT NO. 17-3219. Sponsor: Mayor Background & Objective: The City wishes to amend Lease Agreement 17-3219 at the 57th Street Water Tower with New Cingular Wireless managed by AT&T. The amendment is updating the equipment that AT&T has located on the leased space of the water tower. ORDINANCE FIRST READINGS Actions: Presentation, Public Comment (3 minutes), Council Questions, Motion, Debate, Vote (majority of members present). 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 303 W. 26TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 16976-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (8-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 4, 2022. Private Applicant(s): Jesse Buckmiller Background & Objective: Rezone to bring in conformance with existing zoning ordinance as it is currently non-conforming to construct a new front landing and stairs. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7500 AND 7608 S. HANSON PL. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY AND THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 16794 2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-2). Recommendation: Set a date of 2nd Reading for Tuesday, October 4, 2022. Private Applicant(s): Sayre Associates - Thad Roberts Background & Objective: Rezone from Ag to Apartment-Residential to allow for the construction of low and moderate density apartments. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. MADISON ST. AND EAST OF N. VETERANS PKWY. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RCD RESIDENTIAL CLUSTER DEVELOPMENT PUD, RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICTS, NO. 16957-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (8-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 4, 2022. Private Applicant(s): Nielson Development, LLC – Kelly Nielson Background & Objective: Rezone to allow for the construction of a single-family Residential Cluster Development PUD. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTERS: 160.005, 160.104, 160.113, 160.114, 160.194, 160.262, 160.402, 160.480, 160.485, 160.488, 160.517, 160.518, 160.551, 160.572, 160.573, 160.574, 160.575, 160.591, 160.598, AND 160.670. The Planning Commission recommends approval (8-0). Recommendation: Set a date of 2nd Reading for Tuesday, October 4, 2022. Sponsor: Mayor  Background & Objective: The Zoning Ordinance is reviewed annually and updated based on challenges and opportunities within the existing code. HEARINGS AND RESOLUTIONS Actions: Presentation, Public Comment (5 minutes), Council Questions, Motion, Debate, Vote (majority of members present on most items). Some hearings do not include formal action by the Council. 57. A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM TO ADD FUNDING TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 14082, COMMUNITY/REGIONAL PARK IMPROVEMENTS IN 2022. Sponsor: Mayor Background & Objective: Amending the 2022 capital program for a contribution from the Sioux Falls Skatepark Association for design and construction administration for the new Sioux Falls Skate Park. NEW BUSINESS During consideration of new business, the mayor or any two city council members may bring before the city council any business that person feels should be deliberated upon by the city council. These matters can be added to the agenda by a vote of six city council members and will be considered under new business. Formal action on these matters shall be deferred until a subsequent city council meeting, unless consideration is necessary for the immediate preservation of the public peace, health or safety of the municipal government. If the city council chooses to take immediate action on the newly calendared agenda item, an affirmative vote of six members of the council is required for approval. GENERAL PUBLIC INPUT During General Public Input, comments shall last no more than three minutes per person and comments are limited to topics which do not involve agenda items appearing earlier in the agenda as comments will have already been received for those items. ADJOURNMENT A motion to adjourn is decided without debate and without the need for a roll call vote. Actions: Motion and Voice Vote Meeting date change: The meeting originally scheduled for Tuesday, October 18, 2022, has been rescheduled to Monday, October 17, 2022 (Resolution No. 88-22). 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.