City Council Meeting

MINUTES Regular City Council Meeting Tuesday, January 2, 2024, 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 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, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Charlie Moore, Sunnycrest 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 Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 19, 2023  City Council Meeting of Tuesday, December 19, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 29, 2023. 7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: December 13, 2023; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil; #1 Clear Diesel ($3.1380) and #2 Clear Diesel ($2.7272); Midway Service-Vollan Oil; #1 Clear Diesel ($3.2080) and #2 Clear Diesel ($2.7972). Harms Oil, CHS, Petroleum Traders, Inc., Parkland USA/Farstad Oil and Midwest Oil, all no bids. Bid awarded to: Howes Oil. APPLICATIONS 8. 2024 Renewal of Package Liquor License for Liquor Mart South, 5004 South Cliff Avenue. 9. 2024 Renewal of Retail Liquor License for BT Investments LLC, 5231 West 26th Street. 10. 2024 Renewal of Retail Wine License for Crawfords, 214 South Phillips Avenue. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #53935, for 2020 property taxes in the amount of $249.01. Reason: The property is exempt from the tax. 12. Parcel #53935, for 2021 property taxes in the amount of $1,468.96. Reason: The property is exempt from the tax. 13. Parcel #53935, for 2022 property taxes in the amount of $1,472.08. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, January 16, 2024. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for Grand Nail & Spa, 5019 South Western Avenue, Suite 140. 15. Set a date of hearing for Tuesday, January 16, 2024. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for Vital Flow Infusions, 119 South Main Avenue. 16. Set a date of hearing for Tuesday, January 16, 2024. Transfer of 2024 Retail Liquor License from The Heist LLC, 605 East 8th Street, to Monick Yards LLC, 605 East 8th Street. 17. Set a date of hearing for Tuesday, January 16, 2024. Transfer of 2024 Retail Liquor License from Kneip Restaurants Inc, Cherry Creek Bar & Grill, 3104 East 26th Street, to Pals Pub Inc., Gibs, 3104 E 26th Street. 18. Set a date of hearing for Tuesday, January 16, 2024. Transfer of 2024 Package Liquor License from Lewis Drugs Inc., 700 East 54th Street North, to Lewis Drugs Inc., 5830 East Madison Street. 19. Set a date of hearing for Tuesday, January 16, 2024. Transfer of 2024 Retail Wine License and Transfer of 2023-24 Retail Malt Beverage License from Tokyo Sushi & Hibachi Steakhouse LLC, 3202 East 10th Street, to Tokyo Steakhouse Sioux Falls Inc., 3202 East 10th Street. 20. Set a date of hearing for Tuesday, January 16, 2024. Special One-Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on January 20 and 27, 2024. 21. Set a date of hearing for Tuesday, January 16, 2024. Special One-Day Wine License for The History Club, 758 South Phillips Avenue, for a Jazz event on January 31, 2024. 22. Set a date of hearing for Tuesday, January 16, 2024. Special One-Day Off-Sale Wine License for American Heart Association to be operated at The District, 4521 West Empire Place, for a fundraiser on February 2, 2024. 23. Set a date of hearing for Tuesday, January 16, 2024. Special One-Day Malt Beverage Licenses for St Mary Knights of Columbus to be operated at 2109 South 5th Avenue, for fundraisers on February 23, March 8 and 22, 2024. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the Regular Agenda by moving Item 33 to immediately follow Item 28. Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. PETITIONS 25. CONDITIONAL USE PERMIT APPEAL (CU-016085): CONDITIONAL USE PERMIT APPEAL: (018831-2023) Conditional Use Permit for a Kennel within 1,000 feet of a DD, AD, or MD form located at 3520 S. Gateway Ln. The applicant would like to convert the existing office building into a Doggy Daycare and kennel. The proposed Kennel will be within 1,000' of an MD Form. A motion was made by Council Member Jensen and seconded by Council Member Selberg to approve Item 25.  A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend this item by adding the following conditions: 4. The conditional use permit shall be valid for this applicant only - Doggy Den Suites, owner: Ann Anderson; 5. The business shall not create, maintain, or fail to abate any nuisance, offensive condition, or noise disturbance regulated by chapter 92 and 93 of city ordinance; 6. The business shall not violate any provision of chapter 90 of city ordinance including but not limited to running at large and disturbing the peace; and 7. All dumpsters shall be located at least fifty (50) feet from the west property line of the subject property. Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Neitzert, Selberg, Soehl, Barranco, Cole, Jensen, Merkouris; 1 No: Starr. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 26. 2nd 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 Soehl to adopt Ordinance No. 1-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 27. 2nd 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 Merkouris and seconded by Council Member Barranco to adopt Ordinance No. 2-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 28. 2nd 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 Barranco and seconded by Council Member Neitzert to adopt Ordinance No. 3-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Item 33 was heard at this time. See item for action taken. 29. 2nd 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 Soehl and seconded by Council Member Barranco to adopt Ordinance No. 4-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 30. 2nd 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 adopt Ordinance No. 5-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 41: FEES TO COORDINATE AND ADJUST FEES FOR PRODUCTION OF CERTAIN DOCUMENTS RELATED TO PUBLIC SAFETY AGENCIES OF THE CITY AND OTHER CITY DEPARTMENTS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, January 9, 2024 for Item 31.  Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 9, 2024, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. Sponsors: Council Members Selberg and Merkouris A motion was made by Council Member Selberg and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, January 9, 2024 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 33. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD 2ND ADDITION (18489-2023). The Planning Commission recommends approval (3-0). Private Applicant(s): JSA Engineers and Land Surveyors – Chris Jibben A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 2-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 2-24 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD 2ND ADDITION (18489-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Sanford 2nd Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date 01/02/24 . adopted: Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 34. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITAL OF THE APPLICATIONS, AND  DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 1-24. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 1-24 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Basin 15 Phase 2A and 2B Sanitary Sewer Improvements (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects, and an application for financial assistance to the South Dakota Board of Agriculture and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves up to $23,130,000 for the Basin 15 Phase 2A and 2B Sanitary Sewer Improvements to the South Dakota Board of Agriculture and Natural Resources for the Project. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Board of Agriculture and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Projects. Date adopted: 01/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS  There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about work done in his neighborhood. Connie Mack spoke about her rental issues and concerns with her landlord. Matt Tougas spoke about his TNR (Trap/Neuter/Rescue) Organization, Animal Control and his personal work in animal welfare within the city. Sierra Broussard spoke about diversity in neighborhoods. Mike Zitterich spoke about his support for the naming of the 6th Street Bridge. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Jensen to adjourn the meeting at 7:10 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk