City Council Meeting

MINUTES City Council Meeting Tuesday, January 17, 2023 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 Charlie Moore, Sunnycrest United Methodist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member 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. A request was made by Council Member Neitzert to place Sub-Item 25 from Agenda Item 6 on the Regular Agenda for Council Discussion (Highways/Streets; Project 11086; 6th St. Bridge, Greenway/Trail Improvements; to award a bid subject to appropriation; SFC Civil Constructors; $21,821,916.09). See Agenda Item 6 for action taken. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 10, 2023  City Council Meeting of Tuesday, January 10, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 13, 2023. A motion was made by Council Member Merkouris and Seconded by Council Member Starr to defer Sub-Item 25 from Agenda Item 6 to a Special Meeting to be held on Thursday, January 19, 2023. Merkouris withdrew the motion. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Sub-Item 25 from Agenda Item 6. Roll call vote to approve. 6 Yes: Jensen, Merkouris, Selberg, Soehl, Barranco, Cole; 2 No: Neitzert, Starr. Motion Passed. 7. Report of transfer of 2023 Medical Cannabis Dispensary License from Déjà Vu SD LLC, 1421 B Avenue, to Royzzz of Sioux Falls LLC, 2520 South Louise Avenue (CUP not required). 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Chantelle Friedman. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: January 3, 2023; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil: #1 Clear Diesel ($4.1899) and #2 Clear Diesel ($3.3043); Parkland USA/Farstad Oil, Harms Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Sharon Chontos to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on September 23, 2023. 11. Pursuant to SDCL 9-20-1 and 9-20-8, on Tuesday, January 10, 2023, the Lincoln County Auditor and the Minnehaha County Auditor furnished the Sioux Falls City Clerk with the total number of registered Sioux Falls voters in their respective counties. Lincoln County reported 25,744 registered voters and Minnehaha County reported 103,209 registered voters for a total of 128,953 registered voters in the City of Sioux Falls. APPLICATIONS 12. Renewal of 2023 Retail Wine License for Catering by Cleavers, 2904 West Russell Street. NOTICE OF HEARINGS 13. Set a date of hearing for Monday, February 6, 2023. New 2022-23 Retail Malt Beverage License and New 2023 Retail Wine License for Bella Cucina Inc, 2300 South Minnesota Avenue, Suite B (CUP not required). 14. Set a date of hearing for Monday, February 6, 2023. New 2022-23 Retail Malt Beverage License for Neighborhood Casino LLC, 4301 East 12th Street, Suite B (CUP not required). 15. Set a date of hearing for Monday, February 6, 2023. New 2023 Retail Wine License for Glo Best Western, 1211 South Darryl Place (CUP not required). 16. Set a date of hearing for Monday, February 6, 2023. New 2023 Retail Wine License for Cooks & Bakers Kitchen, 5906 East 18th Street (CUP not required). 17. Set a date of hearing for Monday, February 6, 2023. Rescind New 2022-23 Retail Malt Beverage License for MG Oil Company, Corner Pantry 32B, 400 North West Avenue, Suite B. 18. Set a date of hearing for Monday, February 6, 2023. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Corner Pantry #23 Casino, 4209 West 12th Street, to MG Oil Company, Corner Pantry 32B, 400 North West Avenue, Suite B. REGULAR AGENDA 19. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Sub-Item 25 from Agenda Item 6 was heard at this time. See Agenda Item 6 for action taken. UNFINISHED BUSINESS 20. Rescind New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 1. 21. Rescind New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 2. 22. Rescind New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 3. 23. Transfer of 2023 Package Liquor License from Casey’s General Store, 500 North Kiwanis Avenue, to Casey’s General Store, 1901 East 10th Street. 24. Transfer of 2023 Package Liquor License from Casey’s General Store, 901 East Benson Road, to Casey’s General Store, 8400 West 26th Street. 25. Transfer of 2023 Package Liquor License from Casey’s General Store, 3236 South Sycamore Avenue, to Casey’s General Store, 5810 East 26th Street. A motion was made by Council Member Selberg and seconded by Council Member Cole to approve Agendas Items 20 through 25. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 8201 S. WESTERN AVE. FROM THE AG AGRICULTURE TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 17515- 2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Monday, February 6, 2023. Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc – Pat Schwebach A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Monday, February 6, 2023 for Item 26. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Cole was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Recommendation: Set a date of 2nd Reading for the Special City Council Meeting at 4 p.m. on Tuesday, January 24, 2023. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, January 24, 2023 for Item 27. 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 28. Deferred from the Meeting of Tuesday, December 6, 2022; A RESOLUTION APPROVING THE MINNESOTA AVENUE CORRIDOR PHASE I LAND USE REPORT. The Planning Commission recommends approval (7-0). Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to defer Agenda Item 28 to the meeting of Tuesday, February 14, 2023.  Roll call vote to defer. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. 29. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 7-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 7-23 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF 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 leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: FARM LEASES—TILLABLE CROPLAND, PASTURE, AND HAYING LEASES— ONE-YEAR LEASES  Tract 1 and Tract 2 of Sencore Addition to City of Sioux Falls in the S1/2 of Section 6-T101N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Tract 7, Tract 8, and Tract 10 all in the SW1/4 of Section 36-T102N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2, Thelin Addition to City of Sioux Falls in the N1/2NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Iverson Park Addition in the SW1/4 of Section 21-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of the SE1/4NW1/4 lying south of SD Hwy 42 in Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of Tracts 4 and 5 of G. H. Perry Addition of the N1/2 of Section 28-T101N- R48W of the 5th P.M., Minnehaha County, SD, lying west of the Big Sioux River and north of SD Hwy 42  Tract 2 in the SE1/4 of Section 29-T102N-R49W of the 5th P.M., Minnehaha County, SD, lying west of Ditch Road and north of 60th Street North  Tract 1 of Sioux Falls Landfill Addition in the E1/2 of Section 34-T101N-R51W of the 5th P.M., AND Tract 1 of Sioux Falls Landfill Addition in Section 35-T101-R51W of the 5th P.M., all in Minnehaha County, SD, AND Lot 2 of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., AND Lots 1, 3, 4, 5, 6, 7 and platted drive of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12- T100N-R52W of the 5th P.M., all in Turner County, SD, AND Tract 1, Tipton’s Addition in the NW1/4 of Section 7-T100N-R51W of the 5th P.M., Lincoln County, SD  W1/2SE1/4 and E1/2SW1/4, now known as Wellfield 1st Addition in the S1/2 of Section 8-T102N-R49W of the 5th P.M., Minnehaha County, SD  That part of the W1/2SW1/4 lying east of railroad right-of-way in Section 4-T102N- R49W of the 5th P.M., Minnehaha County, SD  Nesheim 2nd Addition in the E1/2NE1/4 of Section 20-T103N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 of NW1/4, and Tract 1D of NE1/4, and NE1/4 (except Swartz’s Addition and except all H Lots), and Tract 1 (access road) of SE1/4 all in Section 28-T103N- R49W of the 5th P.M., AND Tract 1 (access road) of SW1/4 in Section 27-T103N- R49W of the 5th P.M., all in Minnehaha County, SD  E1/2SW1/4 (except H Lots) and SE1/4 (except Tracts 1, 2, and 3 of Swartz’s Addition and except H Lots) all in Section 21-T103N-R49W of the 5th P.M., Minnehaha County, SD  NE1/4 and N1/2SE1/4 (except areas east of county road along Slipup Creek) all in Section 23-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 and E1/2NW1/4 in Section 12-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2 of Slipup Creek Watershed Addition in the SE1/4 and SW1/4 in Section 1-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2SE1/4 (lying east of county road along Slipup Creek) in Section 23-T102N- R49W of the 5th P.M., AND NW1/4SW1/4 of Section 24-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NE1/4 (except Fredericksen Tract 1 contained therein, and except County Auditor’s Lot H-1 contained therein) of Section 14-T102N-R49W of the 5th P.M., Minnehaha County, SD  Rogers Tract 2 in the NW1/4 of Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 (except Tract 1) and E1/2NW1/4 of Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 6B County Auditor’s Subdivision and part of the NW1/4NE1/4 (except Lot E-1) all in the NE1/4 of Section 32-T102N-R49W of the 5th P.M., AND a portion of Lot E- 3 and Tract 2, both of County Auditor’s Subdivision in the NW1/4 of Section 33- T102N-R49W of the 5th P.M., all in Minnehaha County, SD  Northwest Tower Addition in the SW1/4 of Section 24-T102N-R50W of the 5th P.M., Minnehaha County, SD  SW1/4SE1/4 in Section 7-T103N-R50W of the 5th P.M., Minnehaha County, SD  NE1/4SE1/4, and the access strip of land 16.5 feet in width known as Tract 1, all in the SE1/4SE1/4 of Section 31-T104N-R50W of the 5th P.M., Minnehaha County, SD  Vander Woude Tract 2 in the NW1/4 of Section 2-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County, SD  Tract A of Sioux Empire Development Park 8 Addition to the City of Sioux Falls in Section 35-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NW1/4 & SW1/4NW1/4 & SE1/4NW1/4 & NW1/4NE1/4 all in Section 36- T102N-R49W of the 5th P.M., AND SW1/4 & SW1/4NE1/4 lying west of the Big Sioux River, all in Section 36-T102N-R49W of the 5th P.M., AND NW1/4 & SW1/4 lying north and west of the Big Sioux River in Section 1-T101N-R49W of the 5th P.M., AND Tract 1 Knabach Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 2 of East Benson Addition to the City of Sioux Falls, Minnehaha County, SD  W1/2NE1/4 (EX R-1 & EX S200), Section 34-T101N-R51W of the 5th P.M., Minnehaha Co., SD, physical address of 46369 267th St. Hartford, SD 57033  That portion of the West Half of the Northwest Quarter (W1/2 NW1/4) lying East of the Railroad Right-of-Way, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The East Half of the Northwest Quarter (E1/2 NW1/4), except the South 2 Rods thereof and except the North 33 feet of the East Half of the Northwest Quarter (E1/2 NW1/4) of Section 9, Township 102 North, Range 49 West of the 5th P.M., Lying South of and immediately adjacent to Lot 4,  except the East 178.3 feet of said Lot 4 measured along the South line thereof, of Nessans Subdivision of Tract 1 of County Auditor’s plat of Tracts 1 and 2 of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 4, Township 104 North, Range 49 West of the 5th P.M., all of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The North Half of the Northeast Quarter (N1/2 NE1/4) except Lot H-1 contained therein and except the Silver Creek Estates Replat, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD  SW1/4 lying east of Big Sioux River (except Swanson’s Tract 1) & W1/2SE1/4 (except Sweetman Tract 1), all in Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Unzelman & Shultz Addition in the Northeast Quarter (NE1/4) and the East One- Half of the Northwest Quarter (E1/2NW1/4) of Section 15, of Township One Hundred One (101) North in Range 50 West of the 5th P.M., Minnehaha County, SD, according to the recorded plat thereof GREEN SPACE LEASES—LEASED BY NEIGHBORING OWNER IN EXCHANGE FOR WEED CONTROL/LAWN MAINTENANCE—ONE-YEAR LEASES  Lot 4, Block 2, Fox Run Addition, an Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Great Northern Second Addition to the City of Sioux Falls, Minnehaha County, SD  Lot 1 in Tract B, Sycamore Crossing Addition to the City of Sioux Falls, Minnehaha County, SD DRAINAGE PROPERTY—PORTION LEASED FOR CONCRETE PAD PARKING AND DUMPSTER ENCLOSURE—ONE-YEAR LEASE  Tract 1 of Great Northern First Addition to the City of Sioux Falls, Minnehaha County, SD TOWER PROPERTY—PORTION LEASED FOR COMMUNICATION TOWER MULTIYEAR LEASE  Lot 2A of the replat of part of Block 4 of Lewis Heights Addition to the City of Sioux Falls, Minnehaha, County, SD  57th Street Elevated Water Storage Tank Space located within Lot 1 of Bakker Tract No. 1 in Government Lots 2 and 3 of Section 12-T100N-R50W of the 5th P.M., Lincoln County, SD, commonly known as 2201 E. 57th St.  Menlo Avenue Elevated Water Storage Tank Space located within Block 23, Sage’s Subdivision of Blocks 7, 10, and 23, of Park Addition to Sioux Falls, Minnehaha County, SD, commonly known as 1200 S. Menlo Ave.   Melanie Lane Elevated Water Storage Tank located within Tract 2, Sycamore Hill Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 1900 S. Melanie Ln.  Western Heights Elevated Water Storage Tank located within Lot A in Tract 1 of Public School Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 3201 S. Kuehn Park Rd. Date adopted: 01/17/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 30. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 8-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 8-23 A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. WHEREAS, the City has attempted by reasonable means to collect the outstanding accounts receivable on the below-listed accounts; and WHEREAS, the City considers the accounts outstanding for more than one year to be “uncollectible” for purposes of disclosing on the financial statements of the City; and WHEREAS, the City may continue efforts to collect such “uncollectible” debt; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it hereby authorizes the removal of the following accounts as uncollectible and authorizes the disclosure of the same on the annual financial reports: Customer Department Customer Name Reason Amount No. 3376 Electric Lights Brandon Restitution $5,919.36 Schumacher 65954 Health Confidential Uncollectible $6,217.00 21747 Health Confidential Uncollectible $6,254.00  Date adopted: 01/17/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 31. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 6-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 6-23 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Rex Hambrock Building Board of Reappointed for a term from Appeals and Examiners January 2023 to January 2026. Kyle Muchow Mechanical Board of Reappointed for a term from Appeals and Examiners January 2023 to January 2026. Anthony Bullis Plumbing Board of Reappointed for a term from Appeals and Examiners January 2023 to January 2026. Brian Eich Plumbing Board of Reappointed for a term from Appeals and Examiners January 2023 to January 2026. Date adopted: 01/17/23 . 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) 32. Audit Report 22-03 Housing Cash Handling Final Report 33. Audit Report 22-05 Employee Reimbursements Final Report 34. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: January 17, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chad Bishop spoke about vaccine mandates and natural Covid immunity. Sierra Broussard spoke about alcohol stings, policing, and Pettigrew Heights. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Cole to adjourn at 7:45 p.m. Voice vote to adjourn. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk