City Council Meeting

AGENDA Regular City Council Meeting Tuesday, October 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 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 Council Member Curt Soehl Mayor Paul TenHaken 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 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. 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 20, 2022  Regular City Council Meeting of Tuesday, September 20, 2022  Informational Meeting of Tuesday, September 27, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 30, 2022. 7. Notice of change orders on the memorandum dated September 30, 2022. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Steven Swacker to consume, but not sell, alcoholic beverages (beer and liquor) at the Mary Jo Wegner Arboretum, 1900 S. Perry Place, on October 8, 2022, for the following purpose: wedding. 9. Report of Requests for Quotes for Fuel dated: September 15, 2022; Unleaded (8,500 Gallons); and B20 (7,000 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is Unleaded $3.0215 and B20 $3.7773. 10. Report of Requests for Quotes for Fuel dated: September 20, 2022; B20 (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $3.7115. 11. Report of Requests for Quotes for Fuel dated: September 21, 2022; Unleaded (8,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $3.0963. 12. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 21, 2022; 7,500 Gallons of #2 Clear Diesel; Howes Oil #2 Clear Diesel ($3.8110); Harms Oil, Parkland USA/SPF Energy/Farstad Oil, CHS, Petroleum Traders, Inc. and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 13. Report of Requests for Quotes for Fuel dated: September 23, 2022; Unleaded (8,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $3.079. 14. Report of Requests for Quotes for Fuel dated: September 26, 2022; Unleaded (4,000 Gallons); and B20 (4,000 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid Unleaded is $3.0784 and B20 $3.6784. 15. Report of Requests for Quotes for Fuel dated: September 27, 2022; B20 (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $3.6127. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 16. Parcel #82136, for 2019 property taxes in the amount of $129.82. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #82136, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #82136, for 2021 property taxes in the amount of $2,223.33. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #33231, for 2021 property taxes in the amount of $2,677.70. Reason: The property is exempt from the tax. 20. Parcel #50688, for 2021 property taxes in the amount of $342.98. Reason: The property is exempt from the tax. 21. Parcel #51017, for 2021 property taxes in the amount of $719.53. Reason: The property is exempt from the tax. 22. Parcel #53805, for 2021 property taxes in the amount of $374.89. Reason: The property is exempt from the tax. 23. Parcel #51290, for 2021 property taxes in the amount of $772.61. Reason: The property is exempt from the tax. 24. Parcel #51292, for 2021 property taxes in the amount of $857.73. Reason: The property is exempt from the tax. 25. Parcel #93778, for 2021 property taxes in the amount of $41.27. Reason: The property is exempt from the tax. 26. Parcel #51327, for 2021 property taxes in the amount of $1,772.92. Reason: The property is exempt from the tax. 27. Parcel #51308, for 2021 property taxes in the amount of $1,278.65. Reason: The property is exempt from the tax. 28. Parcel #33230, for 2021 property taxes in the amount of $527.94. Reason: The property is exempt from the tax. 29. Parcel #33229, for 2021 property taxes in the amount of $1,502.34. Reason: The property is exempt from the tax. 30. Parcel #29788, for 2021 property taxes in the amount of $146.24. Reason: The property is exempt from the tax. 31. Parcel #29787, for 2021 property taxes in the amount of $152.66. Reason: The property is exempt from the tax. 32. Parcel #48512, for 2021 property taxes in the amount of $2,845.86. Reason: The property is exempt from the tax. 33. Parcel #40081, for 2021 property taxes in the amount of $21.47. Reason: The property is exempt from the tax. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 34. Parcel #281.57.02.005, for 2020 property taxes in the amount of $1,859.24. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 35. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Mertens & Stoterau LLC, 309 South Bahnson Avenue. 36. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Initiative Investments LLC, 1105 North Minnesota Avenue. 37. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Vikash Patel, 2712 South Ellis Road. 38. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Vikash Patel, 4109 West 57th Street. 39. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Maple Inc., 4110 West Maple Street, Suite 102. 40. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Anusiya LLC, 2409 West Russell Street. 41. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Liquor License for Pfive Investments, 5013 North Annika Avenue. 42. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for ASAVP LLC, 1720 North Louise Avenue. 43. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Pfive Investments, 5017 North Annika Avenue. 44. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Pfive Investments, 5021 North Annika Avenue, Suite 101. 45. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Mapletree Inc, 4110 West Maple Street, Suite 105. 46. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Marion Investments LLC, 5100 North Marion Road. 47. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Marion Investments LLC, 5201 North Annika Drive. 48. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Marion Investments LLC, 5021 West 62nd Street North. 49. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Arsiya Inc, 1605 West Burnside Street. 50. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Vikash Patel, 3505 West 49th Street. 51. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Vikash Patel, 2704 South Ellis Road, Suite 103. 52. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Vikash Patel, 4105 West 57th Street. 53. Set a date of hearing for Monday, October 17, 2022. New 2022 Package Liquor License for Stern Oil Co Inc, 3501 West 49th Street. 54. Set a date of hearing for Monday, October 17, 2022. New 2022 Retail Wine License and 2022-23 Retail Malt Beverage License for Aldi Inc., 4201 West 61st Street North. 55. Set a date of hearing for Monday, October 17, 2022. New 2022-23 Retail Malt Beverage License for Yessica’s Restaurant LLC, 3500 South Louise Avenue. 56. Set a date of hearing for Monday, October 17, 2022. Transfer of 2022 Retail Liquor License and 2022-23 Retail Malt Beverage License, including video lottery terminals, from B & D Group Investments, 3400 West 49th Street, to B & D Group Investments, 5520 West Success Street, Suite 100, effective November 15, 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. 57. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS Unfinished Business includes select items that have come over from a previous meeting and do not otherwise belong under a subsequent heading on the agenda. Pending motions may also be included under Unfinished Business. Actions: Presentation, Public Comment (five minutes for items up for final consideration; otherwise three minutes), Council Questions, Motion, Debate, Vote (vote required varies by item type). 58. New 2022 Retail Wine License for Pho Thai LLC, 230 South Phillips Avenue, Suite 104. 59. New 2022-23 Retail Malt Beverage License, off-sale use only, for Neighborhood Market Co LLC, 4301 East 12th Street. 60. 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. 61. New 2022-23 Retail Malt Beverage License for Randle’s Kitchen LLC, Randle’s Kitchen, 114 North Indiana Avenue. 62. 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. 63. New 2022 Retail Wine License for Oppa Chicken LLC, 3412 South Western Avenue. 64. 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. 65. 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. 66. 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. 67. 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. 68. 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. 69. 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. 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 (SDCL 9-19-7). ORDINANCE SECOND READINGS Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous meeting. Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five affirmative votes by members of the Council for adoption of ordinances (some ordinances require six affirmative votes for adoption)). 70. 2nd 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). 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. 71. 2nd 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). 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. 72. 2nd 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). Private Applicant(s): Nielson Development, LLC – Kelly Nielson Background & Objective: Rezone to allow for the construction of a single-family Residential Cluster Development PUD. 73. 2nd 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). Sponsor: Mayor Background & Objective: The Zoning Ordinance is reviewed annually and updated based on challenges and opportunities within the existing code. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) These items are read into the record with no action taken by the City Council. Some reports are formally presented. 74. Audit Report 21-07: 340B Pharmacy Agreement 75. Audit Report 21-06: Damage Recovery Billing 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. (City Ordinance §30.014(d)). 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 (City Ordinance §30.015). 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.