City Council Meeting

MINUTES Regular City Council Meeting Tuesday, April 4, 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 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, Council Member David Barranco Absent: Mayor Paul TenHaken 2. INVOCATION  Susie Wingler, Direct Line Prayer Center 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Item 1 from Agenda Item 7 on the Regular Agenda for discussion (Notice of Change Order; 1; Water Reclamation; Project No. 23043; Water Reclamation Facility Expansion; McCarthy Building Companies, Inc; in the amount of $609,661.) 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: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, March 21, 2023  Informational Meeting of Tuesday, March 28, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 31, 2023. 7. Notice of change orders on the memorandum dated March 31, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Karina Karner and Clinton Christensen to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on June 24, 2023. APPLICATIONS 9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Severance Beer to be operated at 100 East 6th Street for a Startup Sioux Falls Forum on May 9, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #88409, for 2021 property taxes in the amount of $1,141.19. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 11. Parcel #88409, for 2022 property taxes in the amount of $1,244.30. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 12. Parcel #69974, for 2021 property taxes in the amount of $572.08. 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 #69974, for 2022 property taxes in the amount of $616.92. 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. 14. Parcel #54502, for 2021 property taxes in the amount of $1,151.56. Reason: The same property has been assessed against the complainant more than once in the same year, and the complainant produces satisfactory evidence that the tax for the year has been paid. 15. Parcel #54502, for 2022 property taxes in the amount of $2,383.02. Reason: The same property has been assessed against the complainant more than once in the same year, and the complainant produces satisfactory evidence that the tax for the year has been paid. 16. Parcel #31291, for 2022 property taxes in the amount of $2,163.94. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #50346, for 2022 property taxes in the amount of $1,505.52. Reason: The property is exempt from the tax. 18. Parcel #59317, for 2022 property taxes in the amount of $364.92. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 19. Parcel #79551, for 2022 property taxes in the amount of $1,896.08. Reason: Assessment Freeze for the Elderly and Disabled. 20. Parcel #94433, for 2022 property taxes in the amount of $9,308.70. Reason: The same property has been assessed against the complainant more than once in the same year, and the complainant produces satisfactory evidence that the tax for the year has been paid. 21. Parcel #94186, for 2022 property taxes in the amount of $16,134.30. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. NOTICE OF HEARINGS 22. Set a date of hearing for Tuesday, April 18, 2023. New 2023 Retail Wine License for Gloss Nail Spa, 6006 South Cliff Avenue (CUP not required). 23. Set a date of hearing for Tuesday, April 18, 2023. Transfer of 2023 Retail Liquor License from KTC SF, 6401 South Louise Avenue, to LKN IV LLC, 6401 South Louise Avenue (CUP not required). 24. Set a date of hearing for Tuesday, April 18, 2023. Transfer of 2023 Retail Liquor License from Bacchus Holdings LLC, 101 North Minnesota Avenue, to Kelly Family Office LLC, 512 North Main Avenue (CUP not required). 25. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Malt Beverage Licenses for T Slat Inc., to be operated at Ronken Field 1401 and 1501 West 33rd Street, for a ball games on April 22 & 23, 2023. 26. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 East 54th Street North, for a Premier Bank event on April 27, 2023. 27. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at 3016 West 57th Street, for Cocktails for a Cause on April 29, 2023. 28. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Liquor License for Sioux Falls Area Community Foundation to be operated at 2601 West 60th Street North, for a fundraiser on May 4, 2023. 29. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 222 South Phillips Avenue; 300 North Dakota Avenue, Suite 104; 421 North Phillips Avenue, Suite 111; 216 South Phillips Avenue; 311 South Phillips Avenue, Suite 100; 220 South Phillips Avenue; 207 South Phillips Avenue; 315 North Phillips Avenue; 201 East 10th Street; 217 South Phillips Avenue; 421 North Phillips Avenue, Suite 102; 328 South Phillips Avenue; 206 South Phillips Avenue; 325 South Phillips Avenue; 200 East 12th Street; 431 North Phillips Avenue; 225 South Phillips Avenue; 401 East 8th Street, Suite 108; 232 South Main Avenue; 401 East 8th Street, Suite 118; 330 South Phillips Avenue; 421 North Phillips Avenue, Suite 107; 401 East 8th Street, Suite 200A; 100 North Phillips Avenue; 421 North Phillips Avenue, Suite 105; 225 East 11th Street, Suite 110; 412 South First Avenue; 701 North Phillips Avenue, Suite 135, for an Art & Wine Walk on May 5, 2023. 30. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Liquor Licenses for Philanthropy Promotions Inc., to be operated at 2601 West 60th Street North, for a Cinco de Mayo celebration on May 5 & 6, 2023. 31. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 East 54th Street North, for a wedding on May 12, 2023. 32. Set a date of hearing for Tuesday, April 18, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Holy Spirit Catholic Church, 3601 East Dudley Lane, for a church celebration on May 19, 2023. REGULAR AGENDA 33. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Sub-Item 1 from Agenda Item 7 was read at this time. No action was required or taken. UNFINISHED BUSINESS 34. New 2022-23 Retail Malt Beverage License for The Orion Pub LLC, 127 West 10th Street. 35. New 2023 Retail Wine License for Circle K, 5210 West 12th Street. 36. New 2023 Retail Wine License for Circle K, 1927 West 57th Street. 37. New 2023-23 Retail Malt Beverage License and 2023 Retail Wine License for Hotel on Phillips, 100 North Phillips Avenue. 38. Transfer of 2023 Package Liquor License from Gash Barka Grocery, 2412 East 10th Street, to High Rollers Casino, 803 South Cliff Avenue. 39. 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. 40. 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. 41. 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. 42. 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. 43. Special One-Day Liquor License for JS Entertainment to be operated at 301 South Thompson Avenue for a special event on April 12, 2023. 44. 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. 45. Special One-Day Liquor License for T Slat to be operated at 2505 South Grange Avenue for a banquet on April 14, 2023. 46. 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. 47. 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. A motion was made by Council Member Selberg and seconded by Council Member Barranco to approve Items 34-47. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS  A motion was made by Council Member Merkouris and seconded by Council Member Barranco to defer Items 48-51 to the City Council Meeting on Tuesday, April 11, 2023. Roll call vote to defer. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 48. 2nd 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). Private Applicant(s): Pinnacle Point Apartments 2, LLC – Joel Dykstra 49. 2nd 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). Private Applicant(s): Willadsen Lund Engineering Corp – Eric Willadsen 50. 2nd 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). Private Applicant(s): Beck and Hoffer - Billy Pollema 51. 2nd 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). Private Applicant(s): VanBuskirk Companies – Ryan Tysdal ORDINANCE FIRST READINGS 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 117: PEDDLERS AND VENDORS TO ALLOW FOR PARKLETS IN THE CENTRAL BUSINESS DISTRICT. Sponsors: Council Members Jensen and Neitzert A motion was made by Council Member Jensen and seconded by Council Member Neitzert to set a date of hearing for Tuesday, April 11, 2023, for Item 52. Roll call vote to set a date of hearing. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 53. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN OPTION TO EXTEND AND AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT OF GREAT BEAR RECREATION PARK (“GREAT BEAR”), INCLUDING AN ALPINE SKIING FACILITY, GREAT BEAR LODGE, AND ALL OTHER GREAT BEAR FACILITIES BETWEEN THE CITY OF SIOUX FALLS AND GREAT BEAR MANAGEMENT, INC., F/K/A GREAT BEAR RECREATION PARK, INC. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Jensen to adopt Resolution No. 29-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 29-23 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN OPTION TO EXTEND AND AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT OF GREAT BEAR RECREATION PARK (“GREAT BEAR”), INCLUDING AN ALPINE SKIING FACILITY, GREAT BEAR LODGE, AND ALL OTHER GREAT BEAR FACILITIES BETWEEN THE CITY OF SIOUX FALLS AND GREAT BEAR MANAGEMENT, INC., F/K/A GREAT BEAR RECREATION PARK, INC. WHEREAS, the City of Sioux Falls (the “City”) and Great Bear Management, Inc., f/k/a Great Bear Recreation Park, Inc. (the “Manager”), find that it is in the best interest of the people of the city of Sioux Falls, the Manager, and Great Bear that an Agreement be continued between the City and Manager, whereby the Manager shall continue to operate, manage, maintain, plan, and develop Great Bear Recreation Park, including the Alpine skiing facility owned by the City and management of year-round public use of the Great Bear lodge and all other Great Bear facilities; and WHEREAS, by virtue of its purpose and interests, the Manager is best qualified to the overall management and operation of Great Bear Recreation Park; and WHEREAS, the Manager and the City find that it is in both parties’ best interest that a five- year contract be now executed and subsequently entered into; and WHEREAS, the Manager and the City find that it is in both parties’ best interest that a five-year extension of the agreement, as amended, be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached hereto and made a part of this resolution entitled “Option to Extend and Amendment No. 1 to Management Agreement for Operation of Great Bear Recreation Park,” being a five-year extension of agreement for the Manager to continue to manage the Great Bear Recreation Park, is hereby approved. Section 2. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Manager. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 04/04/23 . Erica Beck for: Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 54. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 30-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 30-23 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY. WHEREAS, the City owns one hundred forty (140) Mitel phones; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the above-described personal property is no longer necessary, useful, or suitable for the purpose for which it was acquired by the City and has been declared as surplus; and WHEREAS, Minnehaha County finds it desirable to acquire said property; and WHEREAS, Minnehaha County is a political subdivision of the State of South Dakota; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That, pursuant to SDCL Chapter 6-13, the one hundred forty (140) Mitel phones are surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired; and Section 3. That the gifting for a public purpose by the City of Sioux Falls of the one hundred forty (140) Mitel phones to Minnehaha County is hereby approved. Date adopted: 04/04/23 . Erica Beck for: Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 55. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Barranco to adopt Resolution No. 31-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 31-23 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 Bradley Hartmann Active Transportation Board Appointed for a term from April 2023 to May 2026 (Development Community). Lindsey Holmquest Active Transportation Board Appointed for a term from April 2023 to May 2026 (at-large appointment). Richie Hutchinson Active Transportation Board Appointed for a term from April 2023 to May 2025 (PATH subcommittee appointment). Chrissy Meyer Active Transportation Board Appointed for a term from April 2023 to May 2026 (at-large appointment). Jacqueline Palfy Active Transportation Board Appointed for a term from April 2023 to May 2025 (at-large appointment). Chad Pickard Active Transportation Board Appointed for a term from April 2023 to May 2024 (Bicycle Subcommittee appointment). Planning and Active Transportation Board Indefinite Term Development Services Director or designee Public Works Director Active Transportation Board Indefinite Term or designee Koni Sims Active Transportation Board Appointed for term from April 2023 to May 2024 (Pedestrian Subcommittee appointment). Elmar Delibasic Human Relations Re-appointed for a term from May Commission 2023 to May 2028. Tajuan Jackson Human Relations Appointed for a term from May Commission 2023 to May 2024 (to fill the unexpired term of Karen Gourley). Meghann Joyce Human Relations Appointed for a term from May Commission 2023 to May 2028. Kassidi Smith Human Relations Reappointed for a term from May Commission 2023 to May 2028. Vicki Stewart Human Relations Appointed for a term from May Commission 2023 to May 2028. Megan Grode Wolters Human Relations Re-appointed for a term from May Commission 2023 to May 2028. Nassir Yemam Human Relations Re-appointed for a term from May Commission 2023 to May 2028. Jessica Mundahl Sioux Falls Regional Appointed for a term from May Emergency Medical 2023 to October 2025 (to fill the Services Authority unexpired term of David Pfeifle). (REMSA) Date adopted: 04/04/23 . Erica Beck for: Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS GENERAL PUBLIC INPUT Tim Fjellestad spoke about traffic lights at 17th Street and Cliff Avenue. Sierra Broussard spoke about bus service in the City of Sioux Falls and updates in the downtown areas. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Selberg to adjourn the meeting at 6:35 p.m. Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk