City Council Meeting

AGENDA City Council Meeting Monday, October 16, 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  Karen Schwebach, 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, October 10, 2023  City Council Meeting of Tuesday, October 10, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 13, 2023. 7. Notice of change orders on the memorandum dated October 13, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Helene Carlson to consume, but not sell, alcoholic beverages at the History Club, 758 S. Phillips Ave., on October 22, 2023. APPLICATIONS 9. Special One-Day Liquor License for T Slat Inc., to be operated at Start Up Sioux Falls, 100 East 6th Street, for an Eide Bailly client mixer on October 26, 2023. NOTICE OF HEARINGS 10. Set a date of hearing for Tuesday, November 7, 2023. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for The Nail Lounge, 2408 E 10th Street. 11. Set a date of hearing for Tuesday, November 7, 2023. New 2023 Package Liquor License for Casey’s #2174, 1705 West Burnside Street. 12. Set a date of hearing for Tuesday, November 7, 2023. New 2023 Package Liquor License for Casey’s #2464, 500 North Kiwanis Avenue. 13. Set a date of hearing for Tuesday, November 7, 2023. New 2023 Package Liquor License for Casey’s #3872, 4001 West 57th Street. 14. Set a date of hearing for Tuesday, November 7, 2023. New 2023 Package Liquor License for Casey’s #3963, 3840 West Benson Road. 15. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023 Package Liquor License from B & D Group Investments, Credo’s Pub, 5520 West Success Street, #100, to Birgers by U LLC, Uncle Doug’s Liquor, 5406 West University Trail. 16. Set a date of hearing for Tuesday, November 7, 2023. Renewal of 2024 Package Liquor License for Uncle Doug’s Liquor, 5406 West University Trail. 17. Set a date of hearing for Tuesday, November 7, 2023. New 2024 Off-Sale Delivery License for Uncle Doug’s Liquor, 5406 West University Trail. 18. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023 Package Liquor License from Marion Investments LLC, 5201 North Annika Street to Maple Inc., 4110 West Maple Street, Suite 102. 19. Set a date of hearing for Tuesday, November 7, 2023. Renewal of 2024 Package Liquor License for Maple Inc., 4110 West Maple Street, Suite 102. 20. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from Golden Coin Casino Inc., 4103 West 57th Street, Suite 101, to Maple Inc., 3505 West 49th Street. 21. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023 Retail Liquor License from Maple Inc., 4110 West Maple Street, Suite 102, to Golden Coin Casino Inc., High Rollers Casino II, 4103 West 57th Street, Suite 101. 22. Set a date of hearing for Tuesday, November 7, 2023. Renewal of 2024 Retail Liquor License for High Rollers Casino II, 4103 West 57th Street, Suite 101. 23. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023 Package Liquor License from Marion Investments LLC, 5100 North Marion Road, to MG Oil Company, 3601 South Minnesota Avenue, Suite H. 24. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from High Rollers Casino LLC, 801 South Cliff Avenue, to MG Oil Company, 5503 North Cliff Avenue, Suite 103. 25. Set a date of hearing for Tuesday, November 7, 2023. Transfer of 2023-24 Retail Malt Beverage, including video lottery placement, from Ken’s Korner Inc., 918 West 6th Street, to Diamond Dogs LLC, 918 West 6th Street. 26. Set a date of hearing for Tuesday, November 7, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at the Elmen Center, 2505 South Grange Avenue, for a volleyball game on November 10, 2023. 27. Set a date of hearing for Tuesday, November 7, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at the Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on November 11, 2023. 28. Set a date of hearing for Tuesday, November 7, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Cherapa 2, 3rd Floor Interlink, 325 North Reid Street, for a holiday party on November 14, 2023. 29. Set a date of hearing for Tuesday, November 7, 2023. Special One-Day Liquor Licenses for KJT LLC, to be operated at The Social, 301 South Thompson Avenue, for special events on November 10 and 22, December 3 and 31, 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. 30. 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). 31. New 2023 Retail Liquor License for KHP Sioux Falls LLC, KPot, 2814 South Louise Avenue. 32. New 2023 Retail Liquor License for Birgers By U LLC, BB’s Pub, 5402 West University Trail. 33. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming Co. Inc., 151 East 4th Place, Suite 100A, to Commonwealth Gaming Co., Inc., 319 North West Avenue. 34. New 2023 Retail Liquor License for Commonwealth Gaming & Holdings Co. Inc., 151 East 4th Place, Suite 100A. 35. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Trifecta Holdings, Inc., Crown Casino Ellis 5, 2914 South Ellis Road, to Trifecta Holdings Inc., Crown Casino Ellis, 2910 South Ellis Road. 36. New 2023 Retail Liquor License for Trifecta Holdings Inc., Crown Casino Ellis 5, 2914 South Ellis Road. 37. Transfer of 2023 Retail Liquor License from Triple J Inc., 7400 East Oak Grove Trail, to Scapegoat Holdings, Scapegoat & Alibi, 7400 East Oak Grove Trail. 38. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 1, to MG Oil Company, Falls Casino, 3505 East 10th Street, Suite 1. 39. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 2, to MG Oil Company, Falls Casino 2, 3505 East 10th Street, Suite 2. 40. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 3, to MG Oil Company, Falls Casino 3, 3505 East 10th Street, Suite 3. 41. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Barn Inc., to be operated at 301 South Minnesota Ave, Unit 2, for a chamber mixer on October 26, 2023. 42. Special One-Day Wine License for The History Club, 758 South Phillips Avenue, for jazz events on November 1, 2, 15 and 16, 2023. 43. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Community Indoor Tennis Center Inc., 4210 North Bobhalla Drive, for a fundraiser on November 3, 2023. 44. Special One Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on November 17, 2023. 45. Special One-Day Wine and Special One-Day Off-Sale Wine Licenses for GBS LLC, to be operated at 201 West 37th Street, for a wine tasting on December 2, 2023. 46. Special One-Day Malt Beverage and Special One-Day Wine Licenses for LifeScape, 4100 South Western Avenue, for a chamber mixer on May 14, 2024. 47. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 21, 2023. 48. Special One-Day Malt Beverage and Special One Day Wine Licenses for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for volleyball games on October 27 and 31, 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 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). 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF S. HIGHLINE AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18713-2023, 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, November 7, 2023. Private Applicant(s): Norman Engineering Inc. – Aaron Norman Background & Objective: The purpose of this rezone is to allow for the construction of additional parking for the State One Stop. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. DELBRIDGE AVE. AND EAST OF N. MARION RD. FROM THE O OFFICE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 18712-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the  following condition(s): A Level D buffer yard consisting of a 45-foot setback with a 6-foot high berm and 50 units of landscaping per 100 lineal feet shall be required along the frontage of Marion Road. Recommendation: Set a date of 2nd Reading for Tuesday, November 7, 2023. Private Applicant(s): Soukup Construction Inc. - Jim Soukup Background & Objective: The purpose of this rezoning is to allow for the existing industrial use to the east to expand to this site. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3109 S. PHILLIPS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18711-2023, 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, November 7, 2023. Private Applicant(s): Hahn Holdings I LLC - Veryln Hahn Background & Objective: The purpose of this rezone is to construct an office addition and the associated parking. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 417 S. SUMMIT AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18707-2023, 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, November 7, 2023. Private Applicant(s): Kingdom Boundaries Prison Aftercare Ministries Inc. – Jeff Haverhals Background & Objective: The purpose of this rezone is to match the correct zoning with the current use of the property as a halfway house. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 408 S. CLEVELAND AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 18685-2023, 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, November 7, 2023. Private Applicant(s): Lee Knigge Background & Objective: The purpose of this rezone is to match the zoning to the existing residential use. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND EAST OF N. SIX MILE RD. FROM THE AG AGRICULTURE, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN  DISTRICTS, NO. 18683-2023, 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, November 7, 2023. Private Applicant(s): Van Buskirk Construction LLC - Brian Jackson Background & Objective: The purpose of this rezone is to zone drainage areas and correct zoning for single family residential. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. RONSIEK AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD- 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 18636-2023, 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, November 7, 2023. Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble Background & Objective: Rezone to allow twin-home development. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 160. Recommendation: Set a date of 2nd Reading for Tuesday, November 7, 2023. Sponsors: Council Members Neitzert and Merkouris Background & Objective: The proposed amendment further clarifies the definition of a Halfway House. The proposal also cleans up the existing 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). 57. RESOLUTION TO ADOPT THE 2035 DOWNTOWN SIOUX FALLS PLAN. Sponsor: Mayor Background & Objective: After several months of community visioning that included nine resident work groups consisting of 70 community members, interviews with community stakeholder, several public workshops, interactive booths at community events, and online engagement, this is a resolution to adopt the linked 2035 Downtown Sioux Falls Plan:https://www.siouxfalls.org/downtown 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. 58. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: September 29, 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.