City Council Meeting

AGENDA City Council Meeting Tuesday, March 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 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 Fred Wilgenburg, New Roots 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 Tuesday, March 14, 2023  City Council Meeting of Tuesday, March 14, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 17, 2023. 7. Approval of surplus property disposition on the memorandum dated February 28, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Siouxland Heritage Museums to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on April 6, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Zach Kraning to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August 5, 2023. APPLICATIONS 10. Special One-Day Liquor License for Highball to be operated at the Multi-Cultural Center, 515 North Main Avenue, for a Gala on April 6, 2023. 11. Special One-Day Liquor License for T Slat Inc, to be operated that the Old Courthouse Museum, 200 West 6th Street, for a banquet on April 14, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Parcel #25919, for 2022 property taxes in the amount of $86.54. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 13. Parcel #94370, for 2022 property taxes in the amount of $586.41. Reason: Foundation was assessed for $30,000 when it should have been $0 as it didn't exist at the time of assessment. 14. Parcel #93664, for 2022 property taxes in the amount of $910.40. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 15. Parcel #29853, for 2022 property taxes in the amount of $1,101.40. Reason: Assessment Freeze for the Elderly and Disabled. 16. Parcel #40707, for 2022 property taxes in the amount of $1,196.74. Reason: Assessment Freeze for the Elderly and Disabled. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 17. Parcel #280.23.14.008B, for 2022 property taxes in the amount of $1,969.64. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, April 4, 2023. New 2022-23 Retail Malt Beverage License for The Orion Pub LLC, 127 West 10th Street. 19. Set a date of hearing for Tuesday, April 4, 2023. New 2023 Retail Wine License for Circle K, 5210 West 12th Street. 20. Set a date of hearing for Tuesday, April 4, 2023. New 2023 Retail Wine License for Circle K, 1927 West 57th Street. 21. Set a date of hearing for Tuesday, April 4, 2023. New 2023-23 Retail Malt Beverage License and 2023 Retail Wine License for Hotel on Phillips, 100 North Phillips Avenue. 22. Set a date of hearing for Tuesday, April 4, 2023. Transfer of 2023 Package Liquor License from Gash Barka Grocery, 2412 East 10th Street, to High Rollers Casino, 803 South Cliff Avenue. 23. Set a date of hearing for Tuesday, April 4, 2023. Transfer of 2022-23 Retail Malt Beverage License and 2023 Retail Wine License from BOB LLC, Blue Rock Bar & Grill, 4021 Bobhalla Drive, to Sanford Frontiers, Blue Rock Bar & Grill, 4021 Bobhalla Drive. 24. Set a date of hearing for Tuesday, April 4, 2023. Transfer of 2023 Retail Liquor License from BOB LLC, Blue Rock Bar & Grill, 4201 Bobhalla Drive, to Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street. 25. Set a date of hearing for Tuesday, April 4, 2023. Transfer of 2023 Retail Liquor License from Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street, to Sanford Frontiers, Blue Rock Bar & Grill, 4201 Bobhalla Drive. 26. Set a date of hearing for Tuesday, April 4, 2023. Special One-Day Liquor License for T Slat to be operated at 1321 West Dow Rummel Street for a Chamber Mixer on April 11, 2023. 27. Set a date of hearing for Tuesday, April 4, 2023. Special One-Day Liquor License for JS Entertainment to be operated at 301 South Thompson Avenue for a special event on April 12, 2023. 28. Set a date of hearing for Tuesday, April 4, 2023. Special One-Day Wine License and Special One-Day Off-Sale Wine License for Full Circle Sandwich Kitchen LLC, to be operated at 201 North Weber Avenue for a special event on April 13, 2023. 29. Set a date of hearing for Tuesday, April 4, 2023. Special One-Day Liquor License for T Slat to be operated at 2505 South Grange Avenue for a banquet on April 14, 2023. 30. Set a date of hearing for Tuesday, April 4, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Joe Foss Squadron Commemorative Air Force to be operated at 4201 North Maverick Road for a dance on July 27, 2023. 31. Set a date of hearing for Tuesday, April 4, 2023. Special One-Day Liquor License and Special One-Day Off-Sale Wine License for Catholic Community Foundation for Eastern South Dakota to be operated at 212 East 11th Street for a fundraiser on August 5, 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. 32. 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). 33. Special One-Day Liquor License for New Ritual LLC, Hello Hi to be operated at The Convolo, 201 North Weber Avenue, for an event on March 23, 2023. 34. Special One-Day Liquor License for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North, for an event on March 24, 2023. 35. Special One-Day Malt Beverage License for Sioux Falls YMCA to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser 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)). 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER.  Sponsor: Mayor Background & Objective: On an annual basis, staff updates this ordinance with assistance from the two counties Equalization office regarding what parcels are still agricultural in nature, and not yet platted for commercial, urban residential, or industrial property. Parcel owners are notified of their status change, and the opportunity to address the issue. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND A HOMELESSNESS STREET OUTREACH PROGRAM. Sponsor: Mayor Background & Objective: The supplement is based on the recommendation from the Homeless Task Force. The funding will be used to enter into a partnership with an outside organization to create a homelessness street outreach program to promote an intentional, proactive, and healthy approach to engaging with the homeless. 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). 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED 4000 W. BENSON RD. FROM THE LW LIVE-WORK DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 17695- 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 4, 2023. Private Applicant(s): Pinnacle Point Apartments 2, LLC – Joel Dykstra Background & Objective: The proposed rezone will allow for the development of multi- family apartments with more than 48 units. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1310 N. WAYLAND PL. FROM THE MH MANUFACTURED RESIDENTIAL HOUSING DISTRICT TO THE O OFFICE DISTRICT, NO. 17714-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 4, 2023. Private Applicant(s): Willadsen Lund Engineering Corp – Eric Willadsen Background & Objective: This rezoning would allow the applicant to construct residential compatible storage units. These units would be required to meet appropriate design criteria to address compatibility with residential uses. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 418 N. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17717-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).  Recommendation: Set a date of 2nd Reading for Tuesday, April 4, 2023. Private Applicant(s): Nathan Byrum Background & Objective: The purpose of this rezoning would be to bring the property into conformance with the Shape Places zoning ordinance. According to City records the property received a certificate of occupancy as a duplex in 1955. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2109 N. LOUISE CIR. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 17721-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 4, 2023. Background & Objective: This rezoning will allow for the redevelopment of the area into additional new cold storage buildings. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 404 N. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17716-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends denial (3-4). Recommendation: Set a date of 2nd Reading for Tuesday, April 4, 2023. Private Applicant(s): Nathan Byrum Background & Objective: The purpose of this rezoning would be to allow the owner to renovate and rent an existing apartment in the lower level of the home that had not previously been permitted by the city. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5120 AND 5200 N. GRANITE LN. FROM THE O OFFICE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 17720-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Recommendation: Set a date of 2nd Reading for Tuesday, April 4, 2023. Private Applicant(s): VanBuskirk Companies – Ryan Tysdal Background & Objective: The purpose of this rezoning would be to allow for the sales and service of power sports and recreational vehicles. 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). 44. A MOTION TO PROVIDE ADVICE AND CONSENT TO THE MAYOR'S APPOINTMENT OF DAVID PFEIFLE AS THE CITY ATTORNEY. Sponsor: Mayor  Background & Objective: Per City Charter Section 4.03, the City Attorney shall be appointed by the Mayor effective with the advice and consent of five (5) or more members of the Council. 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.