City Council Meeting

AGENDA Regular City Council Meeting Tuesday, January 3, 2023 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 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 Council Member Pat Starr Mayor Paul TenHaken 2. INVOCATION  Pastor Oscar Mata, Church of God (Seventh Day) 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, December 20, 2022  City Council Meeting of Tuesday, December 20, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 30, 2022. 7. Notice of change orders on the memorandum dated December 30, 2022. APPLICATIONS 8. Renewal of 2023 Retail Wine License for Ace Capital LLC, 2310 West 41st Street, Suite 101. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #40442, for 2019 property taxes in the amount of $302.94. Reason: The property is exempt from the tax. 10. Parcel #40442, for 2020 property taxes in the amount of $295.74. Reason: The property is exempt from the tax. 11. Parcel #40442, for 2021 property taxes in the amount of $291.58. Reason: The property is exempt from the tax. 12. Parcel #71217, for 2020 property taxes in the amount of $2,060.39. Reason: Veteran Exempt Surviving Spouse. 13. Parcel #71217, for 2021 property taxes in the amount of $2,223.32. Reason: Veteran Exempt Surviving Spouse. 14. Parcel #79331, for 2019 property taxes in the amount of $770.56. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #79331, for 2020 property taxes in the amount of $2,251.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #79331, 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). NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, January 17, 2023. Rescind New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 1. 18. Set a date of hearing for Tuesday, January 17, 2023. Rescind New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 2. 19. Set a date of hearing for Tuesday, January 17, 2023. Rescind New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 3. 20. Set a date of hearing for Tuesday, January 17, 2023. Transfer of 2023 Package Liquor License from Casey’s General Store, 500 North Kiwanis Avenue, to Casey’s General Store, 1901 East 10th Street. 21. Set a date of hearing for Tuesday, January 17, 2023. Transfer of 2023 Package Liquor License from Casey’s General Store, 901 East Benson Road, to Casey’s General Store, 8400 West 26th Street. 22. Set a date of hearing for Tuesday, January 17, 2023. Transfer of 2023 Package Liquor License from Casey’s General Store, 3236 South Sycamore Avenue, to Casey’s General Store, 5810 East 26th Street. 23. Set a date of hearing for Tuesday, January 17, 2023. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor 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. 24. 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). 25. New 2023 Retail Wine License for Square on Main LLC, Maribella, 360 South Main Avenue. 26. Special One-Day Liquor License for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for an event on January 28, 2023. 27. Special One-Day Malt Beverage License for Saint Michael’s Parish, 1600 South Marion Rad, for a fundraiser on February 11, 2023. 28. Rescind 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. 29. Rescind 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. 30. Rescind 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 103. 31. Rescind 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. 32. Rescind 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. 33. New 2022-23 Retail Malt Beverage License for Corner Pantry 32-B, 400 North West Avenue, Suite B. 34. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Corner Pantry 32-B, 400 North West Avenue, Suite B. 35. New 2022-23 Retail Malt Beverage License for 777 Casino East, 3601 South Minnesota Avenue. 36. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for 777 Casino East, 3601 South Minnesota Avenue. 37. New 2022-23 Retail Malt Beverage License for 777 Casino East B, 3601 South Minnesota Avenue, Suite B. 38. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for 777 Casino East B, 3601 South Minnesota Avenue, Suite B. 39. New 2022-23 Retail Malt Beverage License for 777 Casino East C, 3601 South Minnesota Avenue, Suite C. 40. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for 777 Casino East C, 3601 South Minnesota Avenue, Suite C. 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)). 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 5th ST. AND EAST OF W. VIOLA CT. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 17234-2022,  AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Kelly Nielson Construction - Lexi Ricci Background & Objective: The purpose of this petition is to rezone property within a vacated right of way to match the surrounding zoning in a residential development. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY SOUTH OF W. 41ST ST. & WEST OF S. RONSIEK AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 17329-2022, 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 Background & Objective: The purpose of rezoning is to allow for single-family and twin home residential development in a new subdivision. This rezoning is associated with Preliminary Subdivision Plan SUB-P-17327-2022. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF 60TH ST. N AND WEST OF N. VELOCITY AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 17437-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Dump Truck Leasing, Inc. - Michael Runge Background & Objective: The purpose of this rezoning is to allow for the future light industrial development. This rezoning is associated with Preliminary Subdivision Plan UB-P-17430-2022. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 9041 E. 10TH ST. FROM THE AG AGRICULTURE, CN CONSERVATION, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT, NO. 17438-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Norman Engineering, Inc. Background & Objective: This purpose of this rezoning is to allow for single-family residential in a new subdivision. This rezoning is associated with Preliminary Subdivision Plan SUB-P-17436-2022. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY. Sponsor: Mayor Background & Objective: This Ordinance is in regard to the recommendation from the Naming Committee for the naming of five interior rooms located in the Startup Sioux Falls Building, 600 E. 6th Street in Sioux Falls. 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). 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT MUTUAL ACCESS EASEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, January 10, 2023. Sponsor: Mayor Background & Objective: An easement granted as a perpetual common unobstructed access in favor of Lot 4 of Zip Addition to the City of Sioux Falls, Minnehaha County, SD. 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). 47. A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS) PROGRAM. Sponsor: Mayor Background & Objective: A required annual report from the CRS program on the Hazard Mitigation Plan. The current plan is at the end of its usefulness and a new plan is in the early stages, so no new efforts have been put into adding new items to the existing one. This is why the report is so short this year. 48. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF EAGLE RIDGE ADDITION (17436-2022). The Planning Commission recommends approval (6-0). Private Applicant(s): NORMAN ENGINEERING, INC Background & Objective: This is the Preliminary Subdivision Plan for a new single- family residential development. 49. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF RUNGE’S ADDITION (17430-2022). The Planning Commission recommends approval (6-0). Private Applicant(s): SAYRE ASSOCIATES - PAUL KORN Background & Objective: This is the Preliminary Subdivision Plan for a future light industrial development. 50. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF KLEIN’S 2ND ADDITION (17327-2022). The Planning Commission recommends approval (6-0). Private Applicant(s): EHRHART GRIFFIN & ASSOCIATES - DAMIAN GREBLE Background & Objective: A Preliminary Subdivision Plan for a future single-family and twin home residential subdivision. 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. 51. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: December 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 The City Council and Informational Meetings originally scheduled for Tuesday, February 7, 2023, have been rescheduled to Monday, February 6, 2023. 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.