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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 21, 2021

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, December 21, 2021 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 Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr (Via telecom), Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: None 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 14, 2021  City Council Meeting of Tuesday, December 14, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 17, 2021. 7. Report of Requests for Quotes for Fuel dated: December 10, 2021; Dyed Diesel #1(2,000 Gallons); Dyed Diesel #2 (2,000 Gallons); & Unleaded (4,000 Gallons). Vollan Oil (Dyed Diesel #1 $2.6715, Dyed Diesel #2 $2.459 & Unleaded $2.5535); Harms Oil, and CHS Oil, all no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: December 13, 2021; Dyed Diesel #1 (9,250 Gallons); Coles Petroleum ($2.5655); Farstad Oil ($2.5850); CHS Inc. and Howes Oil, both no bid. Bid awarded to: Cole’s Petroleum. 9. Report of Requests for Quotes for Fuel dated: December 13, 2021; Dyed Diesel # 2 (9,250 Gallons); Coles Petroleum ($2.3475); Farstad Oil ($2.3700); CHS Inc. and Howes Oil, both no bid. Bid awarded to: Cole’s Petroleum. 10. Report of Requests for Quotes for Fuel dated: December 13, 2021; Unleaded E10 (5,000 Gallons); Coles Petroleum ($2.4590); Farstad Oil, CHS Inc., and Howes Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS 11. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit F. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Blown Away Vaping Inc., 2011 South Minnesota Avenue, with Conditional Use Permit (CU- 015430-2021) being approved on December 1, 2021. 13. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Beaudion LLC, Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115 (CUP not required). 14. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Fasika Restaurant LLC, 301 South Garfield Ave, Suite 10 (CUP not required). 15. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SD Hookah Lounge LLC, 301 South Garfield Avenue, Suite 8, with Conditional Use Permit (CU-15511-2021) being approved on December 1, 2021. 16. Set a date of hearing for Tuesday, January 4, 2022. Request to add video Lottery Terminals with the 2021-22 Retail Malt Beverage License for TJS LLC, JJ’s Axes & Ales, 3016 West 57th Street (CUP not required). 17. Set a date of hearing for Tuesday, January 4, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for American Cancer Society to be operated at 4501 East Arrowhead Parkway, Suite 101, for a fundraiser on January 15, 2022. 18. Set a date of hearing for Tuesday, January 4, 2022. Special One-Day Liquor License for T Slat Inc, to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for a Christmas party on January 8, 2022. 19. Set a date of hearing for Tuesday, January 4, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 5 Oaks Event Hall, 480 East 69th Street, for a Roaring 20’s event on January 22, 2022. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 21. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Shively Development LLC, DH Pub Sports, 8605 West 26th Street (CUP not required). Pending final inspections per Health and Building Services. A motion was made by Council Member Jensen and seconded by Council Member Soehl to withdraw Agenda Item 21. Roll call vote to withdraw. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Erickson; 0 No: (None). Motion Passed. Brekke was not present for the vote on this motion. 22. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Dragon’s Den Comics and Games LLC, Dragon’s Den Comics and Games, 7218 West 41st Street (CUP not required). Pending final inspections per Building Services. 23. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for SRS Inc., Club Connexions, 207 West 85th Street (CUP not required). Pending final inspections per Health and Building Services. 24. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Club Connexions, 207 West 85th Street. 25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for SRS Inc., Diamond Connexions, 205 West 85th Street (CUP not required). Pending final inspections per Health and Building Services. 26. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Diamond Connexions, 205 West 85th Street. 27. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for Glamour Nails & Spa LLC, 4017 West 41st Street (CUP not required). Pending final inspections per Building Services. 28. New 2022 Package Liquor License for Patel Ventures LLC, India Bazaar, 3212 East 10th Street (CUP not required). Pending final inspections per Building Services. 29. New 2022 Package Liquor License for Aashna LLC, Hangover Liquor & Smoke Mart, 4703 East Arrowhead Parkway (CUP not required). Pending final inspections per Building Services. 30. Transfer of 2022 Package Liquor License from Neon Properties LLC, Neon Casino, 4101 East 10th Street, to KASH LLC, 1027 South Cleveland Avenue (CUP not required). 31. Transfer of 2022 Package Liquor License from Williquors Inc., 3625 West Avera Drive, to Main & Main LLC, 4304 West Empire Place (CUP not required). 32. New 2022 Package Liquor License for Williquors Inc., Williquors, 3625 West Avera Drive (CUP not required). A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Agenda Items 22 through 32. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 12, 2022, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. Sponsors: Council Members Jensen and Soehl A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 159-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING A CITY CHARTER AMENDMENT FOR THE 2022 APRIL ELECTION UNDER THE AUTHORITY OF CHARTER ARTICLE VIII: CHARTER AMENDMENT, SECTION 8.01(b). Sponsors: Council Members Selberg and Neitzert A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Ordinance No. 160-21. A motion was made by Council Member Brekke and seconded by Council Member Erickson to amend Section 9.05(f) by striking $195,000 and inserting $165,000. Roll call vote to amend. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING TWO CITY CHARTER AMENDMENTS FOR THE 2022 APRIL ELECTION UNDER THE AUTHORITY OF CHARTER ARTICLE VIII: CHARTER AMENDMENT, SECTION 8.01(b). Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 161-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036 APPLICATION TO APPOINTIVE OFFICERS. Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 162-21. A motion was made by Council Member Brekke and seconded by Council Member Starr to amend Section 39.036(b) by striking “Except” through “chief,” and “on” through “2015” AND by inserting: “or absence of reappointment, or resignation in good standing” between “appointive office” and “be returned”; “civil service” between “former” and “position”; and, “grade and classification” between “pay” and “as an employee”; AND by striking paragraph “(c)”. Roll call vote to amend. 5 Yes: Kiley, Selberg, Soehl, Starr, Brekke; 3 No: Jensen, Neitzert, Erickson. Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke, Erickson; 1 No: Starr. Motion Passed. ORDINANCE FIRST READINGS 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2508-2809 N. BENT GRASS CT. FROM THE MH MANUFACTURED HOUSING DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15381-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Southeastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 4, 2022 for Item 37. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3000 W. ALAGAR PL. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15392-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Deffenbaugh Construction Inc - Jesse Deffenbaugh A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, January 4, 2022 for Item 38. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5055 E. GRANT ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 15400-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Willadsen Lund Engineering - Eric Willadsen A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, January 4, 2022 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF THE PROPERTY LOCATED AT 5100 E. 69TH ST. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICTS, NO. 15439-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Schmitz Kalda and Associates Inc – Kim Buell A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, January 4, 2022 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6301 E. 33RD ST. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICT, NO. 15446-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): PowderHaus Apartments, LLC – Josh Kruger A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 4, 2022 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3801 S. ELMWOOD AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 15507-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Bob Natz A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, January 4, 2022 for Item 42. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3901 W. 59TH ST. FROM THE C-3 COMMERCIAL— COMMUNITY DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15493-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Raven Industries – Alan Jensen A motion was made by Council Member Jensen and seconded by Council Member Erickson to withdraw Agenda Item 43. Roll call vote to withdraw. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 44. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2022 STATE LEGISLATIVE SESSION. Sponsors: Council Members Erickson and Jensen A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 149-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 149-21 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2022 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 2022 Statements of Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports legislation that directs American Rescue Plan Act (ARPA) funds to high priority water and wastewater projects through the South Dakota Department of Agriculture & Natural Resources (SDDANR) programs. Further, additional state initiatives that provide for efficient infrastructure expansion by collectively leveraging state, local government, and private investments to accelerate new housing stock and reduce the cost to construct new homes in South Dakota. The SDDANR and its Board of Water and Natural Resources are well equipped to deploy funds in an efficient, forward-thinking manner. 2. The Sioux Falls City Council supports legislation that expands accessible housing opportunities in South Dakota by leveraging state, local, and private dollars. 3. The Sioux Falls City Council supports a legislative review of the Disabled and Senior Citizen Assessment Freeze Program’s property valuation limit. In 2021, property values that exceed $202,943 are not eligible for the program unless the applicant has previously qualified. 4. The Sioux Falls City Council supports efforts to provide diversion for youth and adults, diverting low-level offenders to community services and case management, and reducing unnecessary incarceration and justice system involvement while successfully reducing the criminal behavior of participants in diversion. 5. The Sioux Falls City Council supports legislation that provides funding for the South Dakota MISSION UNITED Culturally Competent Care Act, which would (1) Build networking capacity through a Veteran and Military Family Navigator at Helpline 211, (2) Develop culturally competent communities of support throughout South Dakota, and (3) Create an educational component for community partners based on best practices around a health and wellness model of care. 6. The Sioux Falls City Council supports legislation allowing alternative publication options for local government. 7. The Sioux Falls City Council supports tax increment financing (TIF), an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. 8. The Sioux Falls City Council supports legislation that provides additional funding for mental health, drug and alcohol education, intervention, and treatment programs. 9. The Sioux Falls City Council supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. 10. The Sioux Falls City Council supports efforts to eliminate double taxation on public projects through the state use and contractor’s excise taxes. 11. The Sioux Falls City Council supports eliminating presumptive probation for Class 5 and 6 felonies as it relates to controlled substances. 12. The Sioux Falls City Council places a high priority on safeguarding and conserving both the quality and quantity of our area’s natural amenities. Government, in partnership with business, should share responsibility in conserving, enhancing, and protecting our water quality, air quality, and land. Given the substantial public and private investments to develop the river greenway, and the potential to develop a first-class amenity in our community, strategies to support a cleanup of the Big Sioux River and its tributaries should be identified and implemented. 13. The Sioux Falls City Council embraces the opportunities that our state’s growing diversity provides for a culturally and talent-rich community. We will work with the governor, the legislature, state agencies, and elected officials to develop efforts to engage and include all individuals. Legal immigration and refugee resettlement are proven and vital strategies to combat workforce shortages. We will also oppose initiatives that inappropriately sanction or discriminate against individuals or groups. 14. The Sioux Falls City Council supports legislation that eliminates any regulatory barriers within state law that prevents or stifles the creation of triage centers, which provide detoxification services to those seeking treatment for substance abuse, and crisis stabilization for mental health issues. 15. The Sioux Falls City Council supports legislation that promotes pollinator friendly plantings on all state-owned properties and right-of-way. Date adopted: 12/21/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION APPROVING THE 2022 AUDIT PLAN. Sponsors: Council Members Jensen and Kiley A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 150-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 150-21 A RESOLUTION APPROVING THE 2022 AUDIT PLAN. WHEREAS, the Audit Committee shall develop and submit to the City Council for approval an annual audit plan pursuant to Section 32.022 of the Code of Ordinances; and WHEREAS, the Audit Committee has developed such a plan for 2022; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled Audit Plan, Fiscal Year 2022, is hereby approved. That the Internal Audit Manager is authorized to carry out the audits and other projects as described in the 2022 Audit Plan. Date adopted: 12/21/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 151-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 151-21 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 Carolyn Ly- Disability Awareness and Reappointed for a term from Donovan Accessibility Review Board December 2021 to December 2024. Morgan Jackson Disability Awareness and Reappointed for a term from Accessibility Review Board December 2021 to December 2024. Gary Fikse Electrical Board of Appeals Appointed for a term from and Examiners December 2021 to December 2024. Michael Fischer Electrical Board of Appeals Reappointed for a term from and Examiners December 2021 to December 2024. Dr. Jeff Feiock Falls Community Health Appointed for a term from Center Governing Board December 2021 to December 2024 (to replace Dr. Katie Skinner). Jay Buchholz Infrastructure Review Reappointed for a term from Advisory Board (IRAB) December 2021 to December 2023. Date adopted: 12/21/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Theresa Stehly spoke about the use of snow gates. Sierra Broussard spoke about meeting conduct and sex crimes. ADJOURNMENT A motion was made by Council Member Jense and seconded by Council Member Kiley to adjourn at 7:33 p.m. Roll call vote to adjourn. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA (Revised 12/20/21) City Council Meeting Tuesday, December 21, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Janet Brekke Council Member Christine M. Erickson 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  Informational Meeting of Tuesday, December 14, 2021  City Council Meeting of Tuesday, December 14, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 17, 2021. 7. Report of Requests for Quotes for Fuel dated: December 10, 2021; Dyed Diesel #1(2,000 Gallons); Dyed Diesel #2 (2,000 Gallons); & Unleaded (4,000 Gallons). Vollan Oil (Dyed Diesel #1 $2.6715, Dyed Diesel #2 $2.459 & Unleaded $2.5535); Harms Oil, and CHS Oil, all no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: December 13, 2021; Dyed Diesel #1 (9,250 Gallons); Coles Petroleum ($2.5655); Farstad Oil ($2.5850); CHS Inc. and Howes Oil, both no bid. Bid awarded to: Cole’s Petroleum. 9. Report of Requests for Quotes for Fuel dated: December 13, 2021; Dyed Diesel # 2 (9,250 Gallons); Coles Petroleum ($2.3475); Farstad Oil ($2.3700); CHS Inc. and Howes Oil, both no bid. Bid awarded to: Cole’s Petroleum. 10. Report of Requests for Quotes for Fuel dated: December 13, 2021; Unleaded E10 (5,000 Gallons); Coles Petroleum ($2.4590); Farstad Oil, CHS Inc., and Howes Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS 11. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit F. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Blown Away Vaping Inc., 2011 South Minnesota Avenue, with Conditional Use Permit (CU- 015430-2021) being approved on December 1, 2021. 13. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Beaudion LLC, Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115 (CUP not required). 14. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Fasika Restaurant LLC, 301 South Garfield Ave, Suite 10 (CUP not required). 15. Set a date of hearing for Tuesday, January 4, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SD Hookah Lounge LLC, 301 South Garfield Avenue, Suite 8, with Conditional Use Permit (CU-15511-2021) being approved on December 1, 2021. 16. Set a date of hearing for Tuesday, January 4, 2022. Request to add video Lottery Terminals with the 2021-22 Retail Malt Beverage License for TJS LLC, JJ’s Axes & Ales, 3016 West 57th Street (CUP not required). 17. Set a date of hearing for Tuesday, January 4, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for American Cancer Society to be operated at 4501 East Arrowhead Parkway, Suite 101, for a fundraiser on January 15, 2022. 18. Set a date of hearing for Tuesday, January 4, 2022. Special One-Day Liquor License for T Slat Inc, to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for a Christmas party on January 8, 2022. 19. Set a date of hearing for Tuesday, January 4, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 5 Oaks Event Hall, 480 East 69th Street, for a Roaring 20’s event on January 22, 2022. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 21. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Shively Development LLC, DH Pub Sports, 8605 West 26th Street (CUP not required). Pending final inspections per Health and Building Services. 22. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Dragon’s Den Comics and Games LLC, Dragon’s Den Comics and Games, 7218 West 41st Street (CUP not required). Pending final inspections per Building Services. 23. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for SRS Inc., Club Connexions, 207 West 85th Street (CUP not required). Pending final inspections per Health and Building Services. 24. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Club Connexions, 207 West 85th Street. 25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for SRS Inc., Diamond Connexions, 205 West 85th Street (CUP not required). Pending final inspections per Health and Building Services. 26. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Diamond Connexions, 205 West 85th Street. 27. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for Glamour Nails & Spa LLC, 4017 West 41st Street (CUP not required). Pending final inspections per Building Services. 28. New 2022 Package Liquor License for Patel Ventures LLC, India Bazaar, 3212 East 10th Street (CUP not required). Pending final inspections per Building Services. 29. New 2022 Package Liquor License for Aashna LLC, Hangover Liquor & Smoke Mart, 4703 East Arrowhead Parkway (CUP not required). Pending final inspections per Building Services. 30. Transfer of 2022 Package Liquor License from Neon Properties LLC, Neon Casino, 4101 East 10th Street, to KASH LLC, 1027 South Cleveland Avenue (CUP not required). 31. Transfer of 2022 Package Liquor License from Williquors Inc., 3625 West Avera Drive, to Main & Main LLC, 4304 West Empire Place (CUP not required). 32. New 2022 Package Liquor License for Williquors Inc., Williquors, 3625 West Avera Drive (CUP not required). INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 12, 2022, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. Sponsors: Council Members Jensen and Soehl 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING A CITY CHARTER AMENDMENT FOR THE 2022 APRIL ELECTION UNDER THE AUTHORITY OF CHARTER ARTICLE VIII: CHARTER AMENDMENT, SECTION 8.01(b). Sponsors: Council Members Selberg and Neitzert 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING TWO CITY CHARTER AMENDMENTS FOR THE 2022 APRIL ELECTION UNDER THE AUTHORITY OF CHARTER ARTICLE VIII: CHARTER AMENDMENT, SECTION 8.01(b). Sponsors: Council Members Kiley and Erickson 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036 APPLICATION TO APPOINTIVE OFFICERS. Sponsors: Council Members Kiley and Erickson ORDINANCE FIRST READINGS 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2508-2809 N. BENT GRASS CT. FROM THE MH MANUFACTURED HOUSING DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15381-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Southeastern Development Foundation – Lynne Keller Forbes 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3000 W. ALAGAR PL. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15392-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Deffenbaugh Construction Inc - Jesse Deffenbaugh 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5055 E. GRANT ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 15400-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Willadsen Lund Engineering - Eric Willadsen 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF THE PROPERTY LOCATED AT 5100 E. 69TH ST. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICTS, NO. 15439-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Schmitz Kalda and Associates Inc – Kim Buell 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6301 E. 33RD ST. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICT, NO. 15446-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): PowderHaus Apartments, LLC – Josh Kruger 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3801 S. ELMWOOD AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 15507-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Bob Natz 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3901 W. 59TH ST. FROM THE C-3 COMMERCIAL— COMMUNITY DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15493-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 4, 2022. Private Applicant(s): Raven Industries – Alan Jensen HEARINGS AND RESOLUTIONS 44. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2022 STATE LEGISLATIVE SESSION. Sponsors: Council Members Erickson and Jensen 45. A RESOLUTION APPROVING THE 2022 AUDIT PLAN. Sponsors: Council Members Jensen and Kiley 46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT The City Council may include such other business as may come before this body. 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.ORG FOR MORE INFORMATION. The City Council Meeting of Tuesday, February 1, 2022, has been rescheduled to Monday, January 31, 2022.

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