City Council Meeting

AGENDA City Council Meeting Tuesday, February 21, 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 Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Mayor Paul TenHaken 2. INVOCATION  Teri Nyberg, Direct Line Prayer Partner 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, February 14, 2023  City Council Meeting of Tuesday, February 14, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 17, 2023. 7. Approval of surplus property disposition on the memorandum dated December 31, 2022. NOTICE OF HEARINGS 8. Set a date of hearing for Tuesday, March 7, 2023. New 2023 Retail Wine License for Envy Nails and Spa, 611 South Highline Place. 9. Set a date of hearing for Tuesday, March 7, 2023. New 2023 Retail Wine License for Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115. 10. Set a date of hearing for Tuesday, March 7, 2023. New 2023 Retail Wine License, requesting off-sale use only, for Interiors Etc, 421 North Phillips Avenue, Suite 123. 11. Set a date of hearing for Tuesday, March 7, 2023. New 2023 Retail Wine License, requesting off-sale use only, for the Flower Mill, 4005 East 10th Street. 12. Set a date of hearing for Tuesday, March 7, 2023. New 2023 Retail Wine License for Lao Szechuan, 3101 West 41st Street, Suite 105. 13. Set a date of hearing for Tuesday, March 7, 2023. New 2022-23 Retail Malt Beverage License for The Dive, 1612 South Western Avenue. 14. Set a date of hearing for Tuesday, March 7, 2023. Transfer of 2022-23 Retail Malt Beverage License, including video lottery terminals, from JJ’s Axes & Ales, 3016 West 57th Street, to Liebrary Bar 3, 5108 South Marion Road, Suite 101. 15. Set a date of hearing for Tuesday, March 7, 2023. New 2022-23 Retail Malt Beverage License for JJ’s Axes & Ales, 3016 West 57th Street. 16. Set a date of hearing for Tuesday, March 7, 2023. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th Street. 17. Set a date of hearing for Tuesday, March 7, 2023. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th Street. 18. Set a date of hearing for Tuesday, March 7, 2023. Special One-Day Liquor License for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for a special event on March 11, 2023. 19. Set a date of hearing for Tuesday, March 7, 2023. Special One-Day Wine License for Active Generations, 2300 West 46th Street, for a fundraiser on April 23, 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 2023 Retail Wine License and 2022-23 Retail Malt Beverage License for Windy City Bites, 114 North Indiana Avenue. 22. New 2023 Retail Wine License for Rose Nails, 5024 South Marion Road. 23. New 2023 Retail Wine License for Glacial Lakes Distillery & Brewhouse, 200 South Main Avenue. 24. 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. 25. Transfer of 2023 Retail Wine License from Houndstooth House, 201 West 37th Street, to Houndstooth House, 101 West 37th Street. 26. 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. 27. 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. 28. 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. 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)). 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. Private Applicant(s): Xcel Energy Background & Objective: This is a need related to the 6th Street Bridge Project in 2023 for a transformer of Xcel Energy's to relocate underground. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND A FULL-TIME EMPLOYEE INFLATIONARY INCREASE AND COMPENSATION STUDY FINDINGS. Sponsor: Mayor Background & Objective: This supplement is in support of our ongoing strategy and efforts associated with our Employer of Choice Plan that was launched last Spring. Through a focus on wellbeing, retention, and recruitment efforts, our plan aims to keep the City of Sioux Falls a great place to work. Continuing to deliver competitive wages is just one way the City seeks to remain an Employer of Choice, both from a market competitiveness and inflationary perspective. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR POTHOLE REMEDIATION. Sponsors: Council Members Soehl and Cole Background & Objective: The supplemental appropriation provides up to $500,000 to the highways and streets budget for pothole remediation. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE NETWORK OF CARE GRANT PROGRAM. Sponsors: Council Members Merkouris and Selberg Background & Objective: The ordinance supplements the Health budget by $125,000. The funds are intended to support a grant program to incentivize local social service agencies to adopt the network of care software program. This item was recommended by the Homeless Task Force. 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). 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 17559-2022, 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 Tuesday, March 7, 2023. Private Applicant(s): Jesse Deffenbaugh Background & Objective: The purpose of this rezoning would be to allow single and multiple family residential and office development in a new subdivision. This rezoning is associated with the Preliminary Subdivision Plan SUB-P-017557-2022. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 57TH ST. AND WEST OF S. SOLBERG AVE. FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 17586-2022, 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 Tuesday, March 7, 2023. Private Applicant(s): Interstate Crossings Development Corporation – Steven Sanford Background & Objective: The purpose of this rezoning is to align the assigned zoning district with the current land use. The property is, and will remain, a detention pond. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1822 S. PRAIRIE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17597-2022, 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 Tuesday, March 7, 2023. Private Applicant(s): Katie Thompson Background & Objective: This application will rezone an existing triplex to conform with the Shape Places Zoning Ordinance. 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). 36. A RESOLUTION APPROVING THE 2022 SIOUX FALLS TRANSIT DEVELOPMENT PLAN. Sponsor: Mayor Background & Objective: The Transit Development Plan provides for strategies and actions to improve public transportation services and facilities in the community. 37. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM TUESDAY, AUGUST 1, 2023, TO WEDNESDAY, AUGUST 2, 2023. Sponsors: Council Members Cole and Neitzert Background & Objective: The proposed resolution moves the Tuesday, August 1, 2023, Budget Hearing & City Council Meeting to Wednesday, August 2, 2023. The change will allow elected officials to participate in "National Night Out" events across the City. National Night Out is observed annually on the first Tuesday in August. City Ordinance 30.001(d) allows the City Council to change meeting dates by resolution. 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. 38. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 10, 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.