City Council Meeting

MINUTES City Council Meeting Tuesday, December 19, 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 Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Jordan Louks, Associate Pastor, First United Methodist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 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: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 12, 2023  City Council Meeting of Tuesday, December 12, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 15, 2023. 7. Notice of change orders on the memorandum dated December 15, 2023. APPLICATIONS 8. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit D. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 10. New 2023-24 Retail Malt Beverage License for Big Chiefin, 3709 West 41st Street, Suite 2. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve Items 10 through 13. Roll call vote to approve. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 11. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for The Parkwood, 7800 South Western Avenue. 12. New 2023-24 Retail Malt Beverage License for Hacienda Jalisco Restaurant, 1309 East Benson Road. 13. New 2023 Retail Liquor License for Boss LLC, 5915 East 26th Street. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Selberg to adopt Ordinance No. 117-23.  Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 60TH ST. N. AND EAST OF N. SYCAMORE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 18931 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Private Applicant(s): City of Sioux Falls A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, January 2, 2024 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ROBUR DR. AND EAST OF N. INTERCHANGE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 18962-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Private Applicant(s): Van Buskirk Companies, LLC - Brian Jackson A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, January 2, 2024 for Item 16. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 57TH ST. AND EAST OF VETERANS PKWY. FROM THE AG AGRICULTURE AND C-4 COMMERCIAL—REGIONAL DISTRICTS TO THE CN CONSERVATION, S-2 INSTITUTIONAL CAMPUS PUD DISTRICT, NO. 18964-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Private Applicant(s): Sanford Health – Austin Parks A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, January 2, 2024 for Item 17. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF S. SYCAMORE AVE. FROM THE LW LIVE-WORK, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, AND RD 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE RT 2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 18966-2023, AND  AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS The Planning Commission recommends approval (3-0). Private Applicant(s): Empire Companies, LLC – Jesse Morris A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, January 2, 2024 for Item 18. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 160: ZONING, SUBCHAPTER OFF-PREMISES SIGNS The Planning Commission recommends approval (4-0). A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, January 2, 2024 for Item 19. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 20. Deferred from the meeting of Tuesday, December 5, 2023; A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING DESIGNATION OF A BRIDGE OVER THE BIG SIOUX RIVER ON EAST SIXTH STREET. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Item 20. Roll call vote to adopt. 3 Yes: Merkouris, Selberg, Jensen; 5 No: Neitzert, Soehl, Starr, Barranco, Cole. Motion Failed. 21. Deferred from the meeting of Tuesday, December 12, 2023; A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018492- 2023—RMB N 1/2 SW 1/4. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution 134-23. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 134-23 ANNEXATION 018492-2023—RMB N 1/2 SW 1/4  A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. Tallgrass Avenue is a priority two arterial. An access plan is needed for this section of Tallgrass Avenue, mainly due to access locations in the Mueller Industrial Area. 4. Sanitary sewer is available for the proposed annexation area. 5. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: The North 1/2 of the SW 1/4 in Section 20, Township 100 North, Range 50 West of the 5th P.M., all in Lincoln County, South Dakota; and the abutting public right-of-way And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 12/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 22. A RESOLUTION IN SUPPORT OF HIDDEN VALLEY STABLES FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) FUNDING Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 135-23.  Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 135-23 A RESOLUTION IN SUPPORT OF HIDDEN VALLEY STABLES FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. WHEREAS, the City of Sioux Falls has received preliminary plans from Hidden Valley Stables Apartments for the public infrastructure proposed in the application for HIFP funds and desires assistance from the South Dakota Housing Development Authority for the purpose of providing housing development in South Dakota by providing grants and loans for housing infrastructure; and WHEREAS, the above-referenced plans have been presented and have shown to satisfy the requirements of the City of Sioux Falls; and WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply, water treatment facilities, and wastewater treatment facilities to support this public infrastructure; and WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing maintenance responsibility by the City of Sioux Falls; and WHEREAS, the City of Sioux Falls by way of this resolution, hereby approves of this proposed housing infrastructure project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls, SD. Date adopted: 12/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 23. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Barranco to adopt Resolution No. 136-23. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 136-23 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 Ethan Thompson Mechanical Board of Appeals Appointed for a term from and Examiners January 2024 to January 2027 (replacing Dave Weber). Chris Weeg Mechanical Board of Appeals Reappointed. and Examiners Mike Marshall Plumbing Board of Appeals and Reappointed. Examiners Ryan Van Der Bill Plumbing Board of Appeals and Appointed for a term from Examiners January 2024 to January 2027 (replacing Jeremy Eitreim). Date adopted: 12/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 24. A MOTION FOR THE CITY OF SIOUX FALLS TO SUPPORT A JOINT RESOLUTION TO BE PROVIDED DURING THE 2024 SOUTH DAKOTA LEGISLATIVE SESSION APPROVING A FUTURE USE WATER PERMIT APPLICATION BY LEWIS & CLARK REGIONAL WATER SYSTEM, AND TO AUTHORIZE THE MAYOR TO SIGN. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to approve Item 24. Roll call vote to approve. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 25. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2024 STATE LEGISLATIVE SESSION. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Selberg to adopt Resolution 133-23. A motion was made by Council Member Merkouris and seconded by Council Member Starr to amend by removing Priority 5, and replacing with the following priority, "The Sioux Falls City Council recognizes the essential role that South Dakota’s airports have in our state’s growing economy. Locally, the Sioux Falls Regional Airport’s passenger growth continues to keep pace with the city’s population growth; however, the airport is expected to exceed that number with a record 1.3 million passengers in 2023. To meet this growing demand for air travel, the Sioux Falls Regional Airport is proposing to construct a new concourse that will provide five new gates to expand air service for the region. The City Council urges the legislature to appropriate the necessary funds to be used in combination with federal funds to allow this significant terminal expansion project to move forward. Roll call vote to amend. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. A motion was made by Council Member Starr to amend by striking Item #1 and renumber the remaining items. Since there was no second, the motion is not before the meeting.. Roll call vote to adopt, as amended. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 133-23 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2024 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; and WHEREAS, the Sioux Falls City Council serves on the South Dakota Municipal League’s policy committees and supports the League’s 2024 Statements of Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports legislation amending SDCL 6-13-15 to allow the city the option to transfer the Delbridge Museum collection out of state. 2. The Sioux Falls City Council supports legislation amending SDCL 17-2 to allow alternative publication options for municipalities, counties, townships, school districts, and other local governments. The City Council urges your favorable consideration of legislative efforts to reform SDCL 17-2 to embrace online news publications and/or the state’s open.sd.gov website as an alternative to the current statute that restricts legal notices to traditional newspapers with a paid circulation. 3. The Sioux Falls City Council supports legislation that appropriates additional funds to increase our water capacity to sustain our state’s growing population and economic opportunities. The City Council urges your favorable consideration of the Dakota Mainstem funding request that will allow it to conduct needed engineering and assessment planning. The Dakota Mainstem project is a grassroots effort that includes 29 water systems and cities with the goal to expand water capacity in eastern South Dakota. 4. The Sioux Falls City Council supports a legislative task force to study the issues on, and to consider, develop, and report recommendations and propose legislation on, sustainable improvements to the affordability and availability of childcare in South Dakota. 5. The Sioux Falls City Council recognizes the essential role that South Dakota’s airports have in our state’s growing economy. Locally, the Sioux Falls Regional  Airport’s passenger growth continues to keep pace with the city’s population growth; however, the airport is expected to exceed that number with a record 1.3 million passengers in 2023. To meet this growing demand for air travel, the Sioux Falls Regional Airport is proposing to construct a new concourse that will provide five new gates to expand air service for the region. The City Council urges the legislature to appropriate the necessary funds to be used in combination with federal funds to allow this significant terminal expansion project to move forward. 6. The Sioux Falls City Council supports legislation to safeguard children and educators from deadly threats. The City Council endorses pragmatic, realistic legislation that provides vital resources and promotes best practices for school safety. Date adopted: 12/19/23 . 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) 26. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: November 30, 2023. NEW BUSINESS GENERAL PUBLIC INPUT Justin Gawell spoke about his upcoming legal battle with the City, State, and the Tzadik Property Management Community. Sierra Broussard spoke about the City and Tzadik Properties. Chester Deyoung spoke about how the City needs to follow its own regulations and ordinances. Molly Kuehl spoke about the difficulties of childcare and issues following the AppleTree closures, and possible solutions that Council could take. Danielle Creer spoke about issues on childcare and employment. Corri Poore spoke spoke on interests in solutions to childcare and employment issues following AppleTree closure. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adjourn the meeting at 7:31 p.m. Voice vote to adjourn. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk