City Council Meeting

MINUTES City Council Meeting Tuesday, August 15, 2023, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: 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 Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Recognition of Service for Audit Committee Members Dean Buckneberg and Rose Grant CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Jensen was not present for the vote on this motion. 6. APPROVAL OF MINUTES  Budget Hearings of Tuesday, August 8, 2023  City Council Meeting of Tuesday, August 8, 2023 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated August 11, 2023. 8. Notice of change orders on the memorandum dated August 11, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Jeff Gimenez to consume, but not sell, alcoholic beverages at the History Club, 758 S. Phillips Ave., on September 10, 2023. APPLICATIONS 10. Special One-Day Liquor License for T Slat Inc., to be operated at Levitt at the Falls, 504 North Phillips Avenue, for a private event on September 6, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #37398, for 2020 property taxes in the amount of $3,913.93. Reason: The property is exempt from the tax. 12. Parcel #51016, for 2020 property taxes in the amount of $515.66. Reason: The property is exempt from the tax. 13. Parcel #51303, for 2020 property taxes in the amount of $870.38. Reason: The property is exempt from the tax. 14. Parcel #52857, for 2020 property taxes in the amount of $1,586.79. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, September 5, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Casey’s #4268, 1600 East 69th Street (CUP not required). 16. Set a date of hearing for Tuesday, September 5, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Casey’s #4302, 6510 East Arrowhead Parkway (CUP not required). 17. Set a date of hearing for Tuesday, September 5, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Jacky’s Burrito Express, 3101 West 41st Street, Unit 101 (CUP not required). 18. Set a date of hearing for Tuesday, September 5, 2023. New 2023-24 Retail Malt Beverage License for Vishnu Bunny Tattoo and Piercing/Third Eye Gallery, 202 South Phillips Avenue (CUP not required). 19. Set a date of hearing for Tuesday, September 5, 2023. Transfer of 2023-24 Retail Malt Beverage License from Park Ridge Gas N Grub, 1801 South Western Avenue, to 7 Horse LLC, 1801 South Western Avenue. 20. Set a date of hearing for Tuesday, September 5, 2023. Transfer of 2023 Retail Liquor License from VIP Casino, 1002 South Cliff Avenue, to Crown Casino East IV, 2419 East 10th Street. 21. Set a date of hearing for Tuesday, September 5, 2023. Transfer of 2023 Retail Liquor License from Dash Ventures, 512 North Main Avenue, to Roots of Brasil, 201 North Weber Avenue. 22. Set a date of hearing for Tuesday, September 5, 2023. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from High Rollers Casino, 801 South Cliff Avenue, to East Mercato Casino, 4401 East 10th Street, with Conditional Use Permit (CU-018124-2023) being approved on August 3, 2023. 23. Set a date of hearing for Tuesday, September 5, 2023. Special One-Day Liquor License for R Wine Bar & Kitchen to be operated at Queen City Bakery, 324 East 8th Street, for an Augustana event on September 23, 2023. 24. Set a date of hearing for Tuesday, September 5, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby Over Stadium, 2700 South Lake Avenue, for a game on September 23, 2023. 25. Set a date of hearing for Tuesday, September 5, 2023. Special One-Day Liquor License for Blue Rock Bar & Grill to be operated at Sanford Foundation House, 2335 East 60th Street North, for a private event on September 28, 2023. 26. Set a date of hearing for Tuesday, September 5, 2023. Special One-Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on September 15, 16, 23 and 30, 2023. 27. Set a date of hearing for Tuesday, September 5, 2023. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024 AND THE 2024-2028 CAPITAL PROGRAM. REGULAR AGENDA 28. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 29. New 2023 Restaurant On-Sale Liquor License for La Plaza Fiesta SD LLC, 521 West 85th Street. 30. New 2023 Retail Wine License for Drybar, 4123 West 41st Street (CUP not required). 31. New 2023-24 Retail Malt Beverage License, requesting off-sale use only, for Big Chiefin, 1403 West 12th Street, Suite 1 (CUP not required). 32. New 2023-24 Retail Malt Beverage License for Backyard Grill, 3705 South Western Avenue. 33. New 2023 Retail Liquor License for Quality Inn & Suites, 5410 North Granite Lane. 34. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Friendly’s Fuel Stop, 3700 North Potsdam Avenue, to Circle K, 3700 North Potsdam Avenue. 35. Transfer of 2023-24 Retail Malt Beverage License, from Friendly’s Fuel Stop, 3700 North Potsdam Avenue, Suite 100, to Circle K, 3700 North Potsdam Avenue, Suite 100. 36. Special One-Day Malt Beverage License for HiFi Hair LLC to be operated at 205 East Sixth Street parking lot, for 605 Made Market on August 26, 2023. 37. Special One-Day Malt Beverage License for Christ the King Church to be operated at 1801 South Lake Avenue, for a picnic on September 9, 2023. 38. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at 805 South Kiwanis Avenue parking lot, for a Hy-Vee Whiskey Fest on September 22, 2023. 39. Special One-Day Liquor License for T Slat Inc., to be operated at Vern Eide Motoplex, 4915 North Northview Avenue, for customer appreciation on August 19, 2023. 40. Special One-Day Liquor License for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for a banquet on August 29, 2023. 41. Special One-Day Malt Beverage License for Panacea Brewing Company LLC, to be operated at Special Olympics of South Dakota, 800 East I-90 Lane, for a fundraiser on September 16, 2023. 42. Special One-Day Liquor Licenses for KJT LLC, to be operated at The Social, 301 South Thompson Avenue, for weddings on August 25 and September 3, 2023. 43. Special One-Day Liquor License for T Slat Inc., to be operated at the Kirkeby-Over Stadium, 2700 South Lake Avenue, for a game on September 2, 2023. 44. Special One-Day Liquor License for T Slat Inc., to be operated at Blu on Lake Lorraine, 2301 South Lorraine Place, for an open house on August 24, 2023.  A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Item 29 through Item 44.. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 45. 2nd Reading: Deferred from the Meeting of Wednesday, August 2, 2023; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 628 S. DAKOTA AVE. FROM THE RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18218-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Kingdom Boundaries Prison Aftercare – Jeff Haverhals A motion was made by Council Member Jensen and seconded by Council Member Barranco to withdraw Item 45.. Roll call vote to withdraw. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS. ($250,000) Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Ordinance No. 72-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. ($5.8M) Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 73-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS AND STREETS WINTER OPERATIONS. ($2M) Sponsor: Mayor  A motion was made by Council Member Soehl to adopt Ordinance No. 74-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 75-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “FIRST AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF NELSON PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS SKATEPARK ASSOCIATION. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Soehl to adopt Ordinance No. 76-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 77-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING AN OFFER TO PURCHASE REAL ESTATE FROM CITY. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Barranco to adopt Ordinance No. 78-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 6TH ST. AND EAST OF N. METLI PL. FROM THE REC RECREATION DISTRICT TO THE DT-PUD DOWNTOWN PUD DISTRICT, NO. 18361-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 5, 2023 for Item 53.. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 315 N. WEST AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 18330-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): COMMONLAND II LLC – Kirby Muilenberg A motion was made by Council Member Merkouris and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 5, 2023 for Item 54. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 415 N. KIWANIS AVE. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 18367-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): DGR Engineering - Jacob Morris A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, September 5, 2023 for Item 55. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 56. A RESOLUTION AMENDING THE 2023–2027 CAPITAL PROGRAM. ($250,000) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 83-23..  Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 83-23 A RESOLUTION AMENDING THE 2023–2027 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2023–2027 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvements Program Project No. 14001, Falls Park Development/Jacobson Plaza, by increasing the amount of funding for construction by $250,000 in 2023. The additional funding will require an increase in appropriations that will be funded by a donation through the Sioux Falls Area Community Foundation. Date adopted: 08/15/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 57. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Resolution No. 84-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 84-23 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2024. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 08/15/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 58. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 85-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 85-23 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Collective Bargaining Agreement between the City of Sioux Falls and Local 519 of the American Federation of State, County, and Municipal Employees providing for the terms and conditions of employment for the period from January 1, 2024, through December 31, 2025, is hereby approved by the City Council. Date adopted: 08/15/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 59. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT FOR POLICE OFFICERS AND SERGEANTS, SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Resolution No. 86-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 86-23 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT FOR POLICE OFFICERS AND SERGEANTS, SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Collective Bargaining Agreement between the City of Sioux Falls and Fraternal Order of Police Lodge No. 1 L.C. providing for the terms and conditions of employment for the period from January 1, 2024, through December 31, 2025, is hereby approved by the City Council. Date adopted: 08/15/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 60. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 87-23.. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 87-23 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  1. That the Collective Bargaining Agreement between the City of Sioux Falls and Local 814 of the International Association of Firefighters providing for the terms and conditions of employment for the period from January 1, 2024, through December 31, 2025, is hereby approved by the City Council. Date adopted: 08/15/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, 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) 61. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: July 31, 2023. NEW BUSINESS GENERAL PUBLIC INPUT David Zokaites spoke about open government. Sierra Broussard spoke about activity at a local restaurant. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn the meeting at 7:11 p.m. Voice vote to adjourn. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Choose an item.