City Council Meeting

AGENDA City Council Meeting Tuesday, February 20, 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 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 Council Member David Barranco Mayor Paul TenHaken 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Jared and Jessi Rakness and Family 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. 5. APPROVAL OF THE CONSENT AGENDA 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 13, 2024  City Council Meeting of Tuesday, February 13, 2024 COMMUNICATIONS 7. Approval of contracts/agreements over $100K on the memorandum dated February 16, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from the South Dakota Chiropractors Association to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on April 5, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #41074, for 2023 property taxes in the amount of $457.05. Reason: Assessment Freeze for the Elderly and Disabled. 10. Parcel #45068, for 2023 property taxes in the amount of $555.48. 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. 11. Parcel #26320, for 2023 property taxes in the amount of $832.41. Reason: Assessment Freeze for the Elderly and Disabled. 12. Parcel #48565, for 2023 property taxes in the amount of $1,078.82. Reason: Assessment Freeze for the Elderly and Disabled. 13. Parcel #45497, 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). 14. Parcel #45497, for 2022 property taxes in the amount of $183.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #93562, for 2023 property taxes in the amount of $839.48. 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. 16. Parcel #94570, for 2023 property taxes in the amount of $1,012.50. 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 #93230, for 2023 property taxes in the amount of $982.01. 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. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 18. Parcel #283.21.03.005B, for 2023 property taxes in the amount of $1,945.08. 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. NOTICE OF HEARINGS 19. Set a date of hearing for Tuesday, March 5, 2024. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, and Transfer of 2024 Retail Wine License from DDK LLC, JJ’s Billiards, 309 South Elmwood Avenue, to Yoltz LLC, JJ’s Billiards, 309 South Elmwood Avenue. 20. Set a date of hearing for Tuesday, March 5, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 1401 West 33rd Street, for games on March 8 and 9, 2024. 21. Set a date of hearing for Tuesday, March 5, 2024. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2510 South Grange Avenue, for special events on March 8, 9, 12, 22, 23 and 24, 2024. 22. Set a date of hearing for Tuesday, March 5, 2024. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Empire Community Theatre Inc., to be operated at 100 East 6th Street, for special events on March 14, 15, 16, 17 and 18, 2024. 23. Set a date of hearing for Tuesday, March 5, 2024. Special One-Day Liquor License for KJT LLC, to be operated at 301 South Thompson Avenue, for a special event on March 16, 2024. 24. Set a date of hearing for Tuesday, March 5, 2024. Special One-Day Wine License for The History Club of Sioux Falls, 758 South Phillips Avenue, for a special event on April 3, 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. 25. 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. 26. Special One-Day Malt Beverage License for Saint Michael Parish, 1600 South Marion Road, for an event on February 24, 2024. 27. Special One- Day Wine License for Augustana University, 2300 South Grange Avenue, for a cooking class on March 27, 2024. 28. 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. 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. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Sponsor: Mayor Background & Objective: Lease of new building to be constructed at Elmwood Golf Course to the South Dakota Golf Association Junior Golf Foundation to be the home of the First Tee program. The lease is through the Landscapes Golf Management Company on the City's behalf, per their management contract. The SDGA Junior Golf Foundation provided the funds to construct the building per a gifting agreement routed on the City Council consent agenda. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Sponsor: Mayor Background & Objective: Lease of area in the main entrance of the new Elmwood Golf Course Clubhouse to the South Dakota Golf Association to be the home of the SDGA Golf Hall of Fame. The lease is through the Landscapes Golf Management Company on the City's behalf, per their management contract. The SDGA provided the funds to oversize the main entrance and equip the area to house the updated hall of fame. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “FIRST TEE BUILDING NAMING AGREEMENT” BETWEEN THE CITY OF SIOUX FALLS (“CITY”) AND THE SOUTH DAKOTA GOLF ASSOCIATION JUNIOR GOLF FOUNDATION D/B/A FIRST TEE—SOUTH DAKOTA (“FIRST TEE”). Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Sponsor: Mayor Background & Objective: Agreement to name the new First Tee building at Elmwood Golf Course the "Denny Sanford Learning Center" in consideration for donating  $600,000 toward the construction of the building. The proposed term of the naming coincides with the length of the lease being proposed to First Tee. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND LW LIVE- WORK DISTRICTS, NO. 19138-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Private Applicant(s): Willadsen Lund Engineering Corp – Eric Willadsen Background & Objective: The purpose of this rezoning is to allow for future office or multi-family development and maintain a transitional lands use to single-family residential. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1015 W. 9TH ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19129-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Private Applicant(s): Boulevard Properties, LLC – Alex Halbach Background & Objective: The purpose of this rezoning is to match the zoning to the existing use of a tri-plex. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE RENOVATION AND EXPANSION OF THE LOCKER ROOMS LOCATED AT THE MIDCO® AQUATIC CENTER. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Sponsor: Mayor Background & Objective: Gifting and naming agreement to renovate the locker rooms at the Midco Aquatic Center. The foundation will gift $500,000 through the Kirby family, coupled with $750,000 in City sales tax, to fund the project. In consideration for the gift, the locker rooms will be named the "Kirby Locker Rooms". The proposed naming term will be the life of the improvements, which is estimated at 40 years. The project will double the size of the women's and men's locker rooms and make them more functional. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 70: GENERAL PROVISIONS, CHAPTER 76: TRAFFIC REGULATIONS, AND CHAPTER 95: PARKS AND RECREATION TO ALLOW CLASS II E-BICYCLES ON THE RECREATION TRAIL. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Sponsors: Council Members Neitzert and Cole  Background & Objective: The proposed ordinance would allow Class II e-bicycle on the city's recreation trail, parkways, sidepaths and sidewalks. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 70: GENERAL PROVISIONS AND CHAPTER 80: PEDESTRIANS TO IMPROVE PEDESTRIAN SAFETY AT CERTAIN INTERSECTIONS. Recommendation: Set a date of 2nd Reading for Tuesday, March 5, 2024. Sponsors: Council Members Soehl and Cole Background & Objective: The proposed ordinance would prohibit pedestrians from standing, sitting, or staying on certain medians in the city. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110: LICENSES, SUBCHAPTER: FEE SCHEDULE. Recommendation: Set a date of 2nd Reading for Tuesday, March 6, 2024. Sponsors: Council Members Barranco and Selberg Background & Objective: The proposed ordinance repeals the bowling alley license and fee. 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. 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.