Muyni
← Back to Sioux Falls

City Council Meeting

Regular Meeting

Sioux Falls, SD · November 1, 2022

AgendaMinutesPacketVideo Recording

Minutes

MINUTES Regular City Council Meeting Tuesday, November 1, 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 Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 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: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Monday, October 17, 2022  City Council Meeting of Monday, October 17, 2022  Informational Meeting of Tuesday, October 25, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 28, 2022. 7. Notice of change orders on the memorandum dated October 28, 2022. 8. Report of transfer of 2022 Medical Cannabis Dispensary License from Genesis Farms LLC, 309 West Anchor Lane, to Genesis Farms LLC, 3601 South Minnesota Avenue, Suite A, with the Conditional Use Permit (CU-016606-2022) being approved on July 6, 2022. 9. Report of Requests for Quotes for Fuel dated: October 13, 2022; Unleaded (8,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $2.8687. 10. Report of Requests for Quotes for Fuel dated: October 14, 2022; Unleaded (3,500 Gallons); Dyed Diesel #1 (7,500 Gallons); and Dyed Diesel # 2 (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is Unleaded $2.9162, Dyed Diesel #1 is $4.6064 and Dyed Diesel #2 is $4.318. 11. Report of Requests for Quotes for Fuel dated: October 14, 2022; Unleaded (3,500 Gallons); Dyed Diesel #1 (7,500 Gallons); and Dyed Diesel #2 (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is Unleaded $2.9162, Dyed Diesel #1 is $4.6064 and Dyed Diesel #2 is $4.318. 12. Report of Requests for Quotes for Fuel dated: October 24, 2022; Unleaded (8,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $2.747. APPLICATIONS 13. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, November 15, 2022. New 2022-23 Retail Malt Beverage License for Tomacelli’s Pizza and Player’s Club, 2909 East 10th Street, Suite 1. 15. Set a date of hearing for Tuesday, November 15, 2022. Requesting to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Tomacelli’s Pizza and Player’s Club, 2909 East 10th Street, Suite 1. 16. Set a date of hearing for Tuesday, November 15, 2022. New 2023 Retail Wine license for Chef Jenni & Co, 3638 South Southeastern Avenue. 17. Set a date of hearing for Tuesday, November 15, 2022. Special One-Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on December 16, 2022. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend by placing Item 60 immediately after Item 55. Roll call vote to amend. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend by separating Items 19-48 into six distinct groups for consideration by the Council in the following order: First: 19, 21, 23, 24, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, and 47; Second: Items 20 and 22; Third: Items 26, 28, 30, and 32; Fourth: Items 34, 36, and 38; Fifth: Items 40, 42, 44, 46; and, Last: Item 48. Roll call vote to amend. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 19. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 100. 21. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 200. 23. New 2022 Retail Wine License for Oh My Cupcakes, 3326 East 10th Street. 24. Transfer of 2022 Package Liquor License from Wolfie’s Liquor, 6811 South Louise Avenue, to Credo’s Pub, 5520 West Success Street, Suite 100. 25. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 101. 27. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 102. 29. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. 31. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. 33. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 101. 35. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 102. 37. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 103. 39. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 101. 41. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 102. 43. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. 45. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. 47. New 2023-23 Retail Malt Beverage License for Kings Mart, 4200 West 41st Street. A motion was made by Council Member Neitzert and seconded by Council Member Cole to approve Items 19, 21, 23, 24, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, and 47. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 20. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 100. This item moved by amendment. 22. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 200. This item moved by amendment. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve Items 20 and 22. Roll call vote to approve. 5 Yes: Jensen, Merkouris, Selberg, Soehl, Barranco; 3 No: Neitzert, Starr, Cole. Motion Passed. 26. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 101. This item moved by amendment. 28. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 102. This item moved by amendment. A motion was made by Council Member Merkouris and seconded by Council Member Starr to approve Items 26 and 28. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the main motion to approve Items 26, 28, 30 and 32. Roll call vote to amend. 3 Yes: Jensen, Selberg, Soehl; 5 No: Merkouris, Neitzert, Starr, Barranco, Cole. Motion Failed. Roll call vote to approve. 6 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 2 No: Neitzert, Cole. Motion Passed. 30. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. This item moved by amendment. 32. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. This item moved by amendment. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Items 30 and 32. Roll call vote to approve. 4 Yes: Jensen, Selberg, Soehl, Barranco; 4 No: Merkouris, Neitzert, Starr, Cole. Motion Failed. Mayor Paul TenHaken broke the tie vote by voting no. 34. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 101. This item moved by amendment. 36. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 102. This item moved by amendment. A motion was made by Council Member Merkouris and seconded by Council Member Starr to approve Items 34 and 36. Roll call vote to approve. 6 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 2 No: Neitzert, Cole. Motion Passed. 38. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 103. This item moved by amendment. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Item 38. Roll call vote to approve. 4 Yes: Jensen, Selberg, Soehl, Barranco; 4 No: Merkouris, Neitzert, Starr, Cole. Motion Failed. Mayor Paul TenHaken broke the tie by voting no. 40. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 101. This item moved by amendment. 42. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 102. This item moved by amendment. A motion was made by Council Member Merkouris and seconded by Council Member Starr to approve Items 40 and 42. Roll call vote to approve. 6 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 2 No: Neitzert, Cole. Motion Passed. 44. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. This item moved by amendment. 46. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. This item moved by amendment. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Items 44 and 46. Roll call vote to approve. 3 Yes: Jensen, Selberg, Soehl; 5 No: Merkouris, Neitzert, Starr, Barranco, Cole. Motion Failed. 48. Request to add video lottery terminals with the new 2022-23 Retail Malt Beverage License for Kings Mart, 4200 West 41st Street. This item moved by amendment. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Item 48. Roll call vote to approve. 7 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco, Cole; 1 No: Neitzert. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 600 N. LA MESA DR FROM THE RD-1 TWINHOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 17016-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Nielson Construction – Kelly Nielson A motion was made by Council Member Neitzert and seconded by Council Member Barranco to adopt Ordinance No. 119-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7505 S. MINNESOTA AVE. FROM THE AG, AGRICULTURE DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 17072-2022, 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 Cole and seconded by Council Member Jensen to adopt Ordinance No. 120-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1320 AND 1324 E. PEARL ST FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17129-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Pablo Alexis Lozano A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Ordinance No. 121-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 514 and 516 N. NESMITH AVE. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17148-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Phil Pudenz A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Ordinance No. 122-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2600 W. 57TH ST. FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 17164-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): DGR Engineering – Jesse Morris A motion was made by Council Member Barranco and seconded by Council Member Jensen to defer Item 53 to the City Council Meeting on Tuesday, November 8, 2022. Roll call vote to defer. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF S. DAYLIGHT DR. AND EAST OF S. HIGHLINE AVE. FROM THE O OFFICE DISTRICT TO THE LW, LIVE WORK DISTRICT NO. 17165-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): G & D Harr Construction, LLC – Gary Harr A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 123-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 55. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MAPLE ST. AND EAST OF N. LA MESA DR. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND I-1 LIGHT INDUSTRIAL DISTRICTS, NO. 17162-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): The 19 acres zoned I-1, Light Industrial District is limited to the WM1 Form. Within the WM1 Form only Manufacturing, Light, land use is allowed for the construction of the single-family homes that are going to be placed within the Harvest Hills subdivision. Private Applicant(s): Jefferson Hills Development, LLC – Allen Gordon A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 124-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 60. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARVEST HILLS ADDITION (16915-2022). The Planning Commission recommends approval (6-0). Private Applicant(s): JSA Engineers – Pat Schwebach This item moved by amendment. A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 129-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 129-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARVEST HILLS ADDITION (16915-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Harvest Hills 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: 11/01/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk ORDINANCE FIRST READINGS 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, November 8, 2022. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, November 8, 2022 for Item 56. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES, SECTION 41.008: PUBLIC FACILITY TICKET FEES. Recommendation: Set a date of 2nd Reading for Tuesday, November 8, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 8, 2022 for Item 57. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A SIOUX FALLS STADIUM LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND TRUE NORTH SPORTS, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, November 8, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, November 8, 2022 for Item 58. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 59. A RESOLUTION OF INTENT TO ENTER INTO A LEASE AND/OR OFFER FOR SALE MUNICIPAL REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 130-22. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 130-22 A RESOLUTION OF INTENT TO ENTER INTO A LEASE AND/OR OFFER FOR SALE MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates entering into a lease and/or sale of all or a portion of the municipally owned real property located in the County of Minnehaha, State of South Dakota, described as follows: Lot 1 of Block 1A, Brown Drug Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that portion of vacated South Mall Avenue lying adjacent thereto; WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the City of Sioux Falls once at least ten (10) days prior to hearing; and WHEREAS, the City desires to offer the opportunity to develop the Property, including the Tenth Street Parking Ramp located on the Property, by soliciting interested parties that meet the project goals and expectations of this opportunity; and WHEREAS, the project goals and expectations for this development opportunity are as follows: • Maximize the City’s existing investment into the Property. • Development and construction teams shall have experience specific to downtown urban development. • Leverage the site and existing parking to create density, activity, and uses that contribute to the vibrancy of downtown. • Create a mix of uses within the development. • Activate Tenth St. frontage and increase connectivity and walkability. • Use quality design and materials that protect the City’s existing and long-term investment into the Property. • Consistent with the vision within the 2035 Downtown Plan NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: Section 1. That the City Council hereby expresses its intent to lease or offer for sale all or a portion of the municipally owned real property located in the County of Minnehaha, State of South Dakota, described as follows: Lot 1 of Block 1A, Brown Drug Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that portion of vacated South Mall Avenue lying adjacent thereto, (the “Property”) provided said terms and conditions are authorized by the City Council and all other acts required by law are satisfied. Section 2. That the City may list the Property with one or more licensed real estate brokers for purposes of soliciting offers to lease and/or purchase all or a portion of the Property pursuant to SDCL 6-13-5.2. Section 3. That the City will use its City Negotiated Sale Process to solicit offers and negotiate a lease and/or purchase all or a portion of the Property, including the parking ramp. Section 4. Upon successful negotiation, a Purchase/Lease and Development Agreement will be drafted for City Council consideration. Section 5. That any lease and/or sale shall comply with State Law and City Ordinance, including the provisions of SDCL Chapters 6–5 and 6–13, Section 2.12(7) of the City Charter, and approved by future action of the City Council. Date adopted: 11/01/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 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) 61. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED October 19, 2022. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about recent meetings with staff from the City Attorney's Office. Sierra Broussard spoke about Council Member Greg Neitzert's recent birthday. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Selberg to adjourn the meeting at 7:42 p.m. Roll call vote to adjourn. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA Regular City Council Meeting Tuesday, November 1, 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 Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Mayor Paul TenHaken 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 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 Monday, October 17, 2022  City Council Meeting of Monday, October 17, 2022  Informational Meeting of Tuesday, October 25, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 28, 2022. 7. Notice of change orders on the memorandum dated October 28, 2022. 8. Report of transfer of 2022 Medical Cannabis Dispensary License from Genesis Farms LLC, 309 West Anchor Lane, to Genesis Farms LLC, 3601 South Minnesota Avenue, Suite A, with the Conditional Use Permit (CU-016606-2022) being approved on July 6, 2022. 9. Report of Requests for Quotes for Fuel dated: October 13, 2022; Unleaded (8,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $2.8687. 10. Report of Requests for Quotes for Fuel dated: October 14, 2022; Unleaded (3,500 Gallons); Dyed Diesel #1 (7,500 Gallons); and Dyed Diesel # 2 (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is Unleaded $2.9162, Dyed Diesel #1 is $4.6064 and Dyed Diesel #2 is $4.318. 11. Report of Requests for Quotes for Fuel dated: October 14, 2022; Unleaded (3,500 Gallons); Dyed Diesel #1 (7,500 Gallons); and Dyed Diesel #2 (7,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is Unleaded $2.9162, Dyed Diesel #1 is $4.6064 and Dyed Diesel #2 is $4.318. 12. Report of Requests for Quotes for Fuel dated: October 24, 2022; Unleaded (8,500 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $2.747. APPLICATIONS 13. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, November 15, 2022. New 2022-23 Retail Malt Beverage License for Tomacelli’s Pizza and Player’s Club, 2909 East 10th Street, Suite 1. 15. Set a date of hearing for Tuesday, November 15, 2022. Requesting to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Tomacelli’s Pizza and Player’s Club, 2909 East 10th Street, Suite 1. 16. Set a date of hearing for Tuesday, November 15, 2022. New 2023 Retail Wine license for Chef Jenni & Co, 3638 South Southeastern Avenue. 17. Set a date of hearing for Tuesday, November 15, 2022. Special One-Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on December 16, 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. 18. 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). 19. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 100. 20. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 100. 21. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 200. 22. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 200. 23. New 2022 Retail Wine License for Oh My Cupcakes, 3326 East 10th Street. 24. Transfer of 2022 Package Liquor License from Wolfie’s Liquor, 6811 South Louise Avenue, to Credo’s Pub, 5520 West Success Street, Suite 100. 25. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 101. 26. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 101. 27. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 102. 28. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 102. 29. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. 30. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. 31. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. 32. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. 33. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 101. 34. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 101. 35. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 102. 36. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 102. 37. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 103. 38. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 103. 39. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 101. 40. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 101. 41. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 102. 42. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 102. 43. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. 44. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. 45. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. 46. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. 47. New 2023-23 Retail Malt Beverage License for Kings Mart, 4200 West 41st Street. 48. Request to add video lottery terminals with the new 2022-23 Retail Malt Beverage License for Kings Mart, 4200 West 41st Street. INTRODUCTION AND ADOPTION OF ORDINANCES The title of each ordinance is 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)). 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 600 N. LA MESA DR FROM THE RD-1 TWINHOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 17016-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Nielson Construction – Kelly Nielson Background & Objective: A rezone request to allow the construction of a five-unit apartment. 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7505 S. MINNESOTA AVE. FROM THE AG, AGRICULTURE DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 17072-2022, 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 Background & Objective: A request to rezone property to the same zoning district as surrounding properties for future commercial development. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1320 AND 1324 E. PEARL ST FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17129-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Pablo Alexis Lozano Background & Objective: A request to bring an existing duplex into conformance with the Shape Places Zoning Ordinance. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 514 and 516 N. NESMITH AVE. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17148-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Phil Pudenz Background & Objective: A request to rezone an existing duplex to bring it in to conformance with the Shape Places Zoning Ordinance. 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2600 W. 57TH ST. FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 17164-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): DGR Engineering – Jesse Morris Background & Objective: A request to rezone to allow the development of high- density residential apartments. 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF S. DAYLIGHT DR. AND EAST OF S. HIGHLINE AVE. FROM THE O OFFICE DISTRICT TO THE LW, LIVE WORK DISTRICT NO. 17165-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): G & D Harr Construction, LLC – Gary Harr Background & Objective: A request to rezone to Live-Work for the construction of four-plex apartments. 55. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MAPLE ST. AND EAST OF N. LA MESA DR. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND I-1 LIGHT INDUSTRIAL DISTRICTS, NO. 17162-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): The 19 acres zoned I-1, Light Industrial District is limited to the WM1 Form. Within the WM1 Form only Manufacturing, Light, land use is allowed for the construction of the single-family homes that are going to be placed within the Harvest Hills subdivision. Private Applicant(s): Jefferson Hills Development, LLC – Allen Gordon Background & Objective: Request to rezone a newly annexed property to develop a residential neighborhood with an industrial area to build the homes. This rezoning request includes a condition placed on the Industrial portion of the property. ORDINANCE FIRST READINGS The City Council typically sets the date of second reading for ordinances listed as first readings. Actions: Presentation, Public Comment (three minutes), Council Questions, Motion, Debate, Vote (majority of members present). 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, November 8, 2022. Sponsor: Mayor Background & Objective: Lease Agreement to allow for a five year lease of property for use by the Minnehaha Conservation District (MCD) for Community Gardens on land owned by the City near W 72nd Street and N Ditch Ave (5 acre plot). MCD wishes to promote an Urban Agriculture Demonstration/Education Space in this area. 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES, SECTION 41.008: PUBLIC FACILITY TICKET FEES. Recommendation: Set a date of 2nd Reading for Tuesday, November 8, 2022. Sponsor: Mayor Background & Objective: Updates the Public Facility Ticket Fee ordinance by removing the specific fee for Sioux Falls Canaries Baseball and instead assigning a fee of up to $5 per ticket for all city-owned venues for which the public facility fee applies, an increase from the previous $3 maximum. Ordinance also directs a portion of the additional fee collected to the Sioux Falls Sports Authority for purposes of promoting and attracting major events to the Events Center Complex. 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A SIOUX FALLS STADIUM LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND TRUE NORTH SPORTS, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, November 8, 2022. Sponsor: Mayor Background & Objective: Ordinance authorizes the Mayor to execute and updated lease with True North Sports, LLC for the Sioux Falls Baseball Stadium for purposes of Canaries baseball games. Original lease dates back to 1999 and included an original twenty-year term and (2) five-year extensions. Updated lease term is five years, with (2) one-year extensions. End of lease date with extensions mirrors original lease (December 31, 2029). HEARINGS AND RESOLUTIONS Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no action required for said item. Actions: Presentation, Public Comment (five minutes for items up for final consideration; three minutes otherwise), Council Questions, Motion, Debate, Vote (majority of members present on most items). 59. A RESOLUTION OF INTENT TO ENTER INTO A LEASE AND/OR OFFER FOR SALE MUNICIPAL REAL PROPERTY. Sponsor: Mayor Background & Objective: This Resolution outlines the City Council support to consider both a lease and/or sale of the property at 140 E 10th Street (Parking Ramp site). It outlines the goals and expectations of any proposals that will be received through the Negotiated Sale process. 60. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARVEST HILLS ADDITION (16915-2022). The Planning Commission recommends approval (6-0). Private Applicant(s): JSA Engineers – Pat Schwebach Background & Objective: A resolution approving the preliminary subdivision plan for the development of a residential neighborhood that will include and industrial area to construct the homes. 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. 61. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED October 19, 2022. 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 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.

Get email alerts for Sioux Falls

A daily email when new agendas and minutes are posted.

Report an issue with this meeting