City Council Meeting

AGENDA Regular City Council Meeting Monday, February 6, 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 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 Council Member Alex Jensen Mayor Paul TenHaken 2. INVOCATION  Pastor Quentin Beard, Sioux Falls First Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Chantelle Friedman 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. 5. APPROVAL OF THE CONSENT AGENDA 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 17, 2023  City Council Meeting of Tuesday, January 17, 2023   Special City Council Meeting of Tuesday, January 24, 2023  Joint City Council / Minnehaha County Commission Meeting of Tuesday, January 24, 2023 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated February 2, 2023. 8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 27, 2023; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil; #1 Clear Diesel ($4.6930) and #2 Clear Diesel ($3.6062); Midway Service-Vollan Oil; #1 Clear Diesel ($4.3243) and #2 Clear Diesel ($3.5812); Parkland USA/Farstad Oil, Harms Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, all no bids. Bid awarded to: Midway Service- Vollan Oil. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Lara Gurath to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th Street, on September 30, 2023. APPLICATIONS 10. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Severance Beer LLC to be operated at 100 East 6th Street, for a forum event on March 1, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #59958, for 2021 property taxes in the amount of $371.58. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, February 21, 2023. New 2023 Retail Wine License and 2022-23 Retail Malt Beverage License for Windy City Bites, 114 North Indiana Avenue. 13. Set a date of hearing for Tuesday, February 21, 2023. New 2023 Retail Wine License for Rose Nails, 5024 South Marion Road. 14. Set a date of hearing for Tuesday, February 21, 2023. New 2023 Retail Wine License for Glacial Lakes Distillery & Brewhouse, 200 South Main Avenue. 15. Set a date of hearing for Tuesday, February 21, 2023. Transfer of 2023 Retail Wine License from Houndstooth House, 201 West 37th Street, to Houndstooth House, 101 West 37th Street. 16. Set a date of hearing for Tuesday, February 21, 2023. Transfer of 2023 Retail Wine License and 2022-23 Retail Malt Beverage License from Next Level Group LLC, 5120 East Grant Street, to Digz Volleyball, 5120 East Grant Street. 17. Set a date of hearing for Tuesday, February 21, 2023. Special One-Day Liquor Licenses for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for events on March 3 and 7, 2023. 18. Set a date of hearing for Tuesday, February 21, 2023. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Old Courthouse Museum, 200 East 6th Street, for an event on March 17, 2023. 19. Set a date of hearing for Tuesday, February 21, 2023. Special One-Day Malt Beverage License for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive, for an event on May 13, 2023. 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. 20. 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). 21. 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). 22. New 2022-23 Retail Malt Beverage License for Neighborhood Casino LLC, 4301 East 12th Street, Suite B (CUP not required). 23. New 2023 Retail Wine License for Glo Best Western, 1211 South Darryl Place (CUP not required). 24. New 2023 Retail Wine License for Cooks & Bakers Kitchen, 5906 East 18th Street (CUP not required). 25. Rescind New 2022-23 Retail Malt Beverage License for MG Oil Company, Corner Pantry 32B, 400 North West Avenue, Suite B. 26. 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. 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)). 27. 2nd 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). Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc – Pat Schwebach Background & Objective: The proposed rezone would allow the applicant to develop single-family residential uses on the property. 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). 28. A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED EAST OF S. SOUTHEASTERN AVE. AND SOUTH OF E. BISON TRL. AND NORTH OF FUTURE VETERANS PKWY. FROM TIER 3 TO TIER 1 IN THE FUTURE URBANIZED AREA, NO. FLUA-017466-2022. Private Applicant(s): T-Squared, LLC - Tim Stenberg Background & Objective: The purpose of this application is to amend the Development Areas map of the Comprehensive Plan to move 10.46 acres from Tier 3 to Tier 1 which would allow the applicant to apply for annexation and future development. 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. 29. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: December 31, 2022.  30. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: January 18, 2023. 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.