City Council Meeting

AGENDA (Revised 06/17/2024) City Council Meeting Tuesday, June 18, 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 Rich Merkouris Council Member Jennifer Sigette Council Member Curt Soehl Council Member Ryan Spellerberg Council Member Richard L. Thomason Council Member David Barranco Council Member Miranda Basye Council Member Sarah Cole Mayor Paul TenHaken 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, June 11, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated June 14, 2024. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Richard E. "Dick" Brown to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 19, 2024. APPLICATIONS 8. Renewal of 2024-25 Retail Malt Beverage License for Flying Santo Taco Bar, 421 North Phillips Avenue, Suite 119. 9. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at 515 North Main Avenue, for a comedy show on June 22, 2024. 10. Special One-Day Liquor License for T Slat Inc., to be operated at 504 North Phillips Avenue, for concerts on July 4, 5, and 6, 2024. NOTICE OF HEARINGS 11. Set a date of hearing for Tuesday, July 2, 2024. New 2024 Restaurant On-sale Liquor License for Inca Mexican Restaurant, 3312 South Holly Avenue. 12. Set a date of hearing for Tuesday, July 2, 2024. New 2024-25 Retail Malt Beverage License for Tienda Manna, 1038 North Minnesota Avenue. 13. Set a date of hearing for Tuesday, July 2, 2024. New 2024 Retail Wine License for Alcove, 151 East 4th Place, Suite 180. 14. Set a date of hearing for Tuesday, July 2, 2024. New 2024-25 Retail Malt Beverage License and New 2024 Retail Wine License for Second Session LLC, 323 South Whitewood Circle. 15. Set a date of hearing for Tuesday, July 2, 2024. New 2024-25 Retail Malt Beverage License and New 2024 Retail Wine License for Kwik Star #1724, 7703 South Bergamot Avenue. 16. Set a date of hearing for Tuesday, July 2, 2024. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from Maple Tree Inc, 4110 West Maple Street, Suite 104, to Pfive Investments LLC, 5017 North Annika Avenue. 17. Set a date of hearing for Tuesday, July 2, 2024. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at 1200 North Western Avenue, for a marathon on August 25, 2024. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 19. New 2024 Retail Wine License for Queen Nails Spa LLC, 1514 East 69th Street. 20. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License for Pho Thai, 3801 West 34th Street, Suite 103. 21. New 2024 Restaurant On-Sale Liquor License for La Cantina SF LLC, 704 South Highline Place. 22. New 2024 Retail Wine License for Stensland Creamery LLC, 3101 West 41st Street, Unit 109. 23. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License for Perch LLC, 100 South Grange Avenue, with Conditional Use Permit (17981-2023) being approved on May 2, 2023. 24. New 2024 Retail Wine License and New 2023-24 Retail Malt Beverage and Renewal of 2024-25 Retail Malt Beverage License for Bibisol LLC, 219 South Phillips Avenue. 25. Transfer of 2024 Retail Wine License and 2024 Retail Liquor License from Square on Main LLC, 360 South Main Avenue to Square on Main LLC, 330 South Main Avenue, 340 South Main Avenue, and 360 South Main Avenue. 26. Transfer of 2024 Retail Liquor License from Washington Pavilion Management Inc., 301 South Main Avenue, to VFW Serv Men’s Club #628, 1700 West Russell Street, Suite 503. 27. Transfer of 2024 Retail Liquor License from Commonwealth Gaming & Holdings, 457 West 69th Street, to Commonwealth Gaming & Holdings, 6010 South Cliff Avenue, Suite 100. 28. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming & Holdings, 319 North West Avenue, to Commonwealth Gaming & Holdings, 457 West 69th Street. 29. Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for events on June 19, July 10 and 24, 2024. 30. Special One-Day Liquor License for True North Sports LLC to be operated on a portion of the parking lot located directly south of the Canaries Baseball Stadium (1111 North West Avenue) for an event on August 17 & 18, 2024. 31. Special One-Day Malt Beverage Licenses for T Slat Inc., to be operated at 6200 South Cliff for soccer games on June 23 & 28, 2024. 32. Special One-Day Malt Beverage License for T Slat Inc., to be operated at 2510 South Grange Avenue for the Paint the Ice event on June 29, 2024. 33. Special One-Day Malt Beverage License for Duchess Investments LLC, to be operated in the parking lot at 3901 West 49th Street, for an event on June 29, 2024. 34. Special One-Day Liquor and Special One-Day Off-Sale Wine Licenses for Catholic Community Foundation for Eastern South Dakota to be operated at 212 East 11th Street, for a fundraiser on August 3, 2024. 35. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 5910 South Louise Avenue, for a special event on August 24, 2024. 36. Special One-Day Malt Beverage and Special One-Day Wine Licenses for GBS LLC to be operated at the parking lot at 205 East 6th Street, for 605 Made Market on August 24, 2024. 37. Special One-Day Liquor License for Great Bear Recreation Inc., 5901 East Rice Street for a special event on September 7, 2024. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 18TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICTS TO THE MMU2 MIDTOWN MIXED-USE— MODERATE DENSITY DISTRICT, NO. 19330-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Reynolds Construction Management Services, Inc. – Paul Reynolds Background & Objective: The purpose of this request is to allow the construction of a 5-story Mixed Use building along S. Minnesota Ave., a parking ramp in the middle and finally, a three-story apartment building along S. Dakota Ave. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION TO ASSIST IN FUNDING THE CONSTRUCTION OF THE VETERANS COMMUNITY PROJECT TINY HOME VILLAGE. Sponsor: Mayor Background & Objective: This ordinance will provide an additional $200,000 of funding for the ongoing construction of the Veterans Community Project tiny home village. The funding will come from the restricted cash balance, in the General Fund, set aside by Ordinance 52-23 - Liquor License Proceeds. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS, SD, BY  AMENDING CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING REGULATIONS. Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, June 25, 2024. Sponsor: Mayor Background & Objective: To amend the joint jurisdiction zoning ordinance to state that it is not the intent to prohibit long-term lease or rental of property provided the use is legal. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 19504-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2024. Private Applicant(s): Van Buskirk Companies – Steve Van Buskirk Background & Objective: The purpose of this rezone is to allow the development of high density apartments. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 600 W. 10TH ST. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 019577-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2024. Private Applicant(s): John Craig Cornett Background & Objective: The purpose of this rezone is to match the zoning to the north and combine property as a residential yard. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MEMORY LN. AND EAST OF N. MARION RD. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL AND CN CONSERVATION DISTRICTS, NO. 19669-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2024. Private Applicant(s): Sioux Falls Development Foundation – Bob Mundt Background & Objective: The purpose of this rezone for new industrial development and drainage adjacent to the existing land of Foundation Park North. 44. 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 DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 19671-2024, AND AMENDING THE OFFICIAL ZONING  MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2024. Private Applicant(s): Empire Companies – Brady Hyde Background & Objective: The purpose of this rezone is to allow for the construction of townhomes utilizing the AD4 form. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. FOXDALE ST. AND EAST OF N. VALLEY VIEW RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE REC RECREATION DISTRICT, NO. 19684-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2024. Sponsor: Mayor Background & Objective: The purpose of this rezone is to match the existing use as a public park. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE DEFINITION OF EDIBLE CANNABIS PRODUCTS IN CHAPTER 121: MEDICAL CANNABIS REGULATIONS. Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2024. Sponsor: Mayor Background & Objective: Updating the definition of edible cannabis products per a legislative change. 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) 47. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 31, 2024. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT 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.