City Council Meeting

AGENDA Regular City Council Meeting Monday, February 5, 2024, 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 Pat Starr 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 Mayor Paul TenHaken 2. INVOCATION  Pastor Kirk Flaa, Abiding Savior Free Lutheran Church 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, January 16, 2024  City Council Meeting of Tuesday, January 16, 2024  Informational Meeting of Tuesday, January 23, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated February 2, 2024. 7. Approval of surplus property disposition on the memorandum dated December 31, 2023. 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: the Jarad and Jessi Rakness Family. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Nicholas Bixenman to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on February 24, 2024. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Evan Zacher to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on June 7, 2024. 11. Approval of a request pursuant to SDCL 35-1-5.5 from Travis Heintz and Candice O'Neal to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on June 8, 2024. 12. Renewal of 2024 Retail Wine License for Golden Bowl, 2600 South Spring Avenue. 13. Renewal of 2024 Retail Wine License for Hampton Inn & Suites, 3701 West Avera Drive. 14. Special One-Day Liquor License for The Barn Inc., to be operated at 100 East Sixth Street for an event on March 6, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 15. Parcel #39338, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #50703, for 2023 property taxes in the amount of $27.22. 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. 17. Parcel #87565, for 2023 property taxes in the amount of $381.40. 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. 18. Parcel #94015, for 2023 property taxes in the amount of $1,327.14. Reason: The property is exempt from the tax. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 19. Parcel #281.94.00.A400, for 2023 property taxes in the amount of $269.98. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, February 20, 2024. Special One-Day Malt Beverage License for Saint Michael Parish, 1600 South Marion Road, for an event on February 24, 2024. 21. Set a date of hearing for Tuesday, February 20, 2024. Special One- Day Wine License for Augustana University, 2300 South Grange Avenue, for a cooking class on March 27, 2024. 22. Set a date of hearing for Tuesday, February 20, 2024. Special One-Day Malt Beverage License for Presentation Sisters to be operated at 305 East Falls Park Drive, for a fundraiser on May 11, 2024. 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. 23. 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). 24. New 2023-24 Retail Malt Beverage License for Los Arcos Mexican Taco Shop LLC, 1200 South Minnesota Avenue. 25. Special One-Day Liquor License for T Slat Inc. to be operated at 6200 South Cliff Avenue, for an event on February 7, 2024. 26. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2510 South Grange Avenue, for events on February 9, 10, 23 and 24, 2024. 27. Special One-Day Malt and Special One-Day Wine Licenses for Interstate House of Pancakes to be operated at 2204 West Madison Street, for an event on February 10, 2024. 28. Special One-Day Liquor License for T Slat Inc. to be operated at 6100 South Louise Avenue, for an event on February 10, 2024. 29. Special One-Day Liquor License for T Slat Inc., to be operated at 1725 West 41st Street, for an event on February 13, 2024. 30. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for an event on February 16, 2024. 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 SECOND READINGS Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous meeting. Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five affirmative votes by members of the Council for adoption of ordinances (some ordinances require six affirmative votes for adoption)). 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 85TH ST. AND EAST OF S. BRANDE AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 19068-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor Background & Objective: The purpose of this rezoning is to match the zoning to the current use as a drainage pond. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF S. RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE/WORK DISTRICT, NO. 19061-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor Background & Objective: The purpose of this rezoning is to align zoning boundaries with proposed platted lots. 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). 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH  DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $61,000,000. Recommendation: Set a date of 2nd Reading for Tuesday, February 13, 2024. Sponsor: Mayor Background & Objective: This ordinance authorizes the City to coordinate with the Department of Agriculture and Natural Resources on the issuance of bonds and execute a loan agreement for Pump Station 240 Capacity Improvements. This project will be using State Revolving Fund (SRF) Loans. Pump Station 240 is on the east side near Six Mile Road and 57th Street. 34. 1st 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. Recommendation: Set a date of 2nd Reading for Tuesday, February 13, 2024. Sponsors: Council Members Selberg and Merkouris Background & Objective: This ordinance updates some of the precincts within the City's Central Council District. These changes mirror the precinct updates by Minnehaha County and will keep the polling locations the same for the voters for the Municipal Election and the Primary/General Elections. 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). 35. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT-OF-WAY EASEMENT LOCATED IN LOT 12 IN BLOCK 7 OF ELROD’S ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Mayor Tom Meyer, Landform, Associate Background & Objective: This right of way easement was obtained by Minnehaha County Rural Water Corp. for distribution line. The easement was transferred to the City of Sioux Falls when improvements to 41st were completed and water users were connected onto city water system. The rural water line is now abandoned and this easement no longer serves any purpose. Approving the release will remove the encumbrance and support a future commercial site development. NOTICE OF HEARINGS FOR STREET VACATIONS Actions: Presentation, Public Comment (5 minutes), Council Questions, Motion, Debate, Vote (majority of members present on most items) to set a date of hearing.  36. A RESOLUTION VACATING PUBLICLY DEDICATED RIGHT-OF-WAY LOCATED SOUTH OF BROEK DRIVE, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, March 5, 2024. Private Applicant(s): Mayor Westwood Valley LLC Background & Objective: A petition was received to vacate unimproved right-of-way in accordance with Res# 130-23. This section of right-of-way does not serve any public benefit and approving the resolution supports the previously approved resolution. 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.GOV FOR MORE INFORMATION.