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City Council Meeting

Regular Meeting

Sioux Falls, SD · January 31, 2022

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Minutes

MINUTES City Council Meeting Monday, January 31, 2022 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 Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (via Telecom), Council Member Alex Jensen, Council Member Rick Kiley (via Telecom), Council Member Greg Neitzert, Council Member Marshall Selberg (via Telecom), Mayor Paul TenHaken Absent: None 2. INVOCATION  Jeff Sveness, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Nicole Bissell-Hovdestad CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 18, 2022  City Council Meeting of Tuesday, January 18, 2022  Informational Meeting of Tuesday, January 25, 2022  Joint City Council / Lincoln County Commission Meeting of Tuesday, January 25, 2022 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated January 27, 2022. 8. Report of Requests for Quotes for Fuel dated January 18, 2022; Dyed Diesel #1 (5,000 Gallons), Dyed Diesel #2 (5,000 Gallons), and Unleaded (6,000 Gallons); Coles Petroleum (Dyed Diesel #1 $2.988, Dyed Diesel #2 $2.6736, and Unleaded $2.6476); Howes Oil, Harms Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated January 24, 2022; Dyed Diesel #1 (2,000 Gallons), Dyed Diesel #2 (2,000 Gallons), and Unleaded (6,500 Gallons); Coles Petroleum (Dyed Diesel #1 $2.8947, Dyed Diesel #2 $2.6486, and Unleaded $2.6041); Parkland Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum. 10. Approval of a request from The History Club to consume, but not sell, wine, beer, malt beverage, and/or liquor at 758 S. Phillips Ave., on the following dates in 2022: February 1, March 1, April 5, May 3, June 7, August 2, September 6, October 4, November 4, and December 6. The purpose is for membership events. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #36362, for 2019 property taxes in the amount of $1,398.75. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #36362, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #52067, for 2019 property taxes in the amount of $1,528.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #52067, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #61578, for 2019 property taxes in the amount of $129.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #61578, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, February 15, 2022. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend the Regular Agenda by changing the name of the meeting from "Regular" City Council Meeting to "Special" City Council Meeting. Roll call vote to amend. 0 Yes: (None); 8 No: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg. Motion Failed. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to amend the Regular Agenda by placing Item 51 immediately after Item 45. Roll call vote to amend. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 19. New 2022 Retail Liquor License for Commonwealth Gaming & Holdings, Northstar Bar & Casino, 4305 West 61st Street North (full service restaurant; CUP not required). 20. Request to add video lottery terminals with the New 2022 Retail Liquor License for Commonwealth Gaming & Holdings, Northstar Bar & Casino, 4305 West 61st Street North. 21. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Transfer of 2022 Retail Wine & Cider License from Nelson Operating Co, Northstar Bar & Grill, 4305 West 61st Street North, to Commonwealth Gaming & Holdings, Northstar Bar & Casino II, 4305 West 61st Street North, Suite A. 22. New 2022 Retail Wine & Cider License for Crown Gaming Inc., Crown Casino Central, 1725 South Minnesota Avenue. 23. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100, with Conditional Use Permit (15495-2021) being approved on December 1, 2021. 24. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100. 25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SRS Inc., Heart Connexions, 8509 West 26th Street, with Conditional Use Permit (15495-2021) being approved on December 1, 2021. 26. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Heart Connexions, 8509 West 26th Street. 27. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Cellar 54 LLC, Cellar 54, 720 South Highline Place (CUP not required). 28. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Oak & Olive LLC, Roots of Brasil, 201 North Weber Avenue, Suite 1 (CUP not required). 29. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #17, 700 East 54th Street North (CUP not required). 30. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #18, 2701 South Minnesota Avenue (CUP not required). 31. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Lucky Krusers, 2101 West 41st Street, Suite 101, to Access Entertainment Group LLC, Lucky Krusers, 2101 West 41st Street, Suite 101. 32. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Transfer of 2022 Retail Wine & Cider License from SRS Inc., East Connexions, 3233 South Sycamore Avenue, to Access Entertainment Group LLC, East Connexions, 3233 South Sycamore Avenue. 33. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Connexions South, 6809 South Louise Avenue, to Access Entertainment Group LLC, Connexions South, 6809 South Louise Avenue. 34. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Connexions Plus, 5415 West 41st Street, to Access Entertainment Group LLC, Connexions Plus, 5415 West 41st Street. 35. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Connexions, 5409 West 41st Street, to Access Entertainment Group LLC, Connexions, 5409 West 41st Street. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Items 19 through 35. Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: Deferred from the Meeting of Tuesday, January 4, 2022; 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). Private Applicant(s): Bob Natz A motion was made by Council Member Jensen and seconded by Council Member Soehl to defer Item 36 to the City Council Meeting on Tuesday, March 1, 2022. Roll call vote to defer. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7201 S. MINNESOTA AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE O OFFICE DISTRICT, NO. 15535- 2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates - Tyson Hasz A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 9-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF E. 6TH ST. AND VETERANS PKWY. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND THE CN CONSERVATION DISTRICTS, NO. 15627-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Mystic Creek, LLC – Preston Mettler A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 10-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF THE PROPERTY LOCATED AT 7300 E. 41ST ST. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 15634-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Schmitz Kalda And Associates, Inc. – Kim Buell A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 11-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S. RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND LW LIVE-WORK DISTRICTS TO THE C-3 COMMERCIAL— COMMUNITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 15655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): VanBuskirk Companies - Ryan Tysdal A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 12-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 736 S. 1ST AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15656-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Aaron George Properties, LLC – Aaron George A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 13-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5211 AND 5217 N. HEALY LN. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15686-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sterling Real Estate Trust - Mason Kossan A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 14-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2215 N. WESTPORT AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15687-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Natadman, LLC – Bradley Halverson A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 15-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF E. 57TH ST. AND S. DUBUQUE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 15735-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): VanBuskirk Companies - Ryan Tysdal A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 16-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 45. 2nd 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 AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY DISTRICTS, NO. 15101-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): 41Ellis, LLC - Brady Hyde A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 17-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Item 51 was heard at this time. See item for action taken. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING PERMIT AND INSPECTION FEE EXEMPTIONS TO INCLUDE VETERANS COMMUNITY PROJECT. Sponsors: Council Members Soehl and Kiley A motion was made by Council Member Soehl and seconded by Council Member Brekke to adopt Ordinance No. 18-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM CITY. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Brekke to adopt Ordinance No. 8-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: ARENA/CONVENTION/ENTERTAINMENT BOARD. Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, February 8, 2022 for Item 48. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING CORRECTED PERMANENT EASEMENTS. Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, February 8, 2022 for Item 49. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING A REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022. Sponsors: Council Members Soehl and Starr A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, February 15, 2022 for Item 50. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 51. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 41ELLIS ADDITION (15671-2021). The Planning Commission recommends approval (5-0). Private Applicant(s): Design and Develop Engineering, LLC – David Jibben A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 5-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 5-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 41ELLIS ADDITION (15671-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of41 Ellis 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 adopted: 01/31/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 52. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 6-22. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 6-22 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 Liz Wheeler Board of Health Reappointed for a term from February 2022 to January 2025. Delia Druley Board of Historic Preservation Appointed for a term from February 2022 to January 2025 (to replace Rachael Meyerink). Alex Halbach Board of Historic Preservation Reappointed for a term from February 2022 to January 2024. Lynn Remmers Board of Historic Preservation Reappointed for a term from February 2022 to January 2024. Jesseca Mundahl City Naming Committee Appointed for a term from February 2022 to January 2025. Christin Koball Falls Community Health Appointed for a term from February 2022 Center Governing Board to January 2025 (to replace Linda Barkey). Kerri Tietgen Washington Pavilion Board of Appointed for a term from February 2022 Trustees to May 2023 (to fill the unexpired term of Dave Knudson). Jesse Morris Zoning Board of Adjustment Appointed for a term from February 2022 to July 2023 (to fill the unexpired term of Billy Pollema). Date adopted: 01/31/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 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) 53. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED December 30, 2021. 54. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED January 1, 2022. NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokiates spoke about handcuff safety. Sierra Brousaard spoke about an update she received regarding an open meeting violation complaint she had filed. Carol Garry spoke about water billing for mobile home parks. Chad Bishop spoke about community immunity policies. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn the meeting at 7:16 p.m. Voice vote to adjourn. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Monday, January 31, 2022 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 Curt Soehl Council Member Pat Starr Council Member Janet Brekke Council Member Christine M. Erickson Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Mayor Paul TenHaken 2. INVOCATION  Jeff Sveness, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Nicole Bissell-Hovdestad CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 18, 2022  City Council Meeting of Tuesday, January 18, 2022  Informational Meeting of Tuesday, January 25, 2022  Joint City Council / Lincoln County Commission Meeting of Tuesday, January 25, 2022 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated January 27, 2022. 8. Report of Requests for Quotes for Fuel dated January 18, 2022; Dyed Diesel #1 (5,000 Gallons), Dyed Diesel #2 (5,000 Gallons), and Unleaded (6,000 Gallons); Coles Petroleum (Dyed Diesel #1 $2.988, Dyed Diesel #2 $2.6736, and Unleaded $2.6476); Howes Oil, Harms Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated January 24, 2022; Dyed Diesel #1 (2,000 Gallons), Dyed Diesel #2 (2,000 Gallons), and Unleaded (6,500 Gallons); Coles Petroleum (Dyed Diesel #1 $2.8947, Dyed Diesel #2 $2.6486, and Unleaded $2.6041); Parkland Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum. 10. Approval of a request from The History Club to consume, but not sell, wine, beer, malt beverage, and/or liquor at 758 S. Phillips Ave., on the following dates in 2022: February 1, March 1, April 5, May 3, June 7, August 2, September 6, October 4, November 4, and December 6. The purpose is for membership events. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #36362, for 2019 property taxes in the amount of $1,398.75. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #36362, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #52067, for 2019 property taxes in the amount of $1,528.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #52067, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #61578, for 2019 property taxes in the amount of $129.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #61578, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, February 15, 2022. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 19. New 2022 Retail Liquor License for Commonwealth Gaming & Holdings, Northstar Bar & Casino, 4305 West 61st Street North (full service restaurant; CUP not required). 20. Request to add video lottery terminals with the New 2022 Retail Liquor License for Commonwealth Gaming & Holdings, Northstar Bar & Casino, 4305 West 61st Street North. 21. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Transfer of 2022 Retail Wine & Cider License from Nelson Operating Co, Northstar Bar & Grill, 4305 West 61st Street North, to Commonwealth Gaming & Holdings, Northstar Bar & Casino II, 4305 West 61st Street North, Suite A. 22. New 2022 Retail Wine & Cider License for Crown Gaming Inc., Crown Casino Central, 1725 South Minnesota Avenue. 23. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100, with Conditional Use Permit (15495-2021) being approved on December 1, 2021. 24. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100. 25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SRS Inc., Heart Connexions, 8509 West 26th Street, with Conditional Use Permit (15495-2021) being approved on December 1, 2021. 26. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Heart Connexions, 8509 West 26th Street. 27. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Cellar 54 LLC, Cellar 54, 720 South Highline Place (CUP not required). 28. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Oak & Olive LLC, Roots of Brasil, 201 North Weber Avenue, Suite 1 (CUP not required). 29. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #17, 700 East 54th Street North (CUP not required). 30. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #18, 2701 South Minnesota Avenue (CUP not required). 31. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Lucky Krusers, 2101 West 41st Street, Suite 101, to Access Entertainment Group LLC, Lucky Krusers, 2101 West 41st Street, Suite 101. 32. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Transfer of 2022 Retail Wine & Cider License from SRS Inc., East Connexions, 3233 South Sycamore Avenue, to Access Entertainment Group LLC, East Connexions, 3233 South Sycamore Avenue. 33. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Connexions South, 6809 South Louise Avenue, to Access Entertainment Group LLC, Connexions South, 6809 South Louise Avenue. 34. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Connexions Plus, 5415 West 41st Street, to Access Entertainment Group LLC, Connexions Plus, 5415 West 41st Street. 35. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from SRS Inc., Connexions, 5409 West 41st Street, to Access Entertainment Group LLC, Connexions, 5409 West 41st Street. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: Deferred from the Meeting of Tuesday, January 4, 2022; 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). Private Applicant(s): Bob Natz 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7201 S. MINNESOTA AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE O OFFICE DISTRICT, NO. 15535- 2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates - Tyson Hasz 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF E. 6TH ST. AND VETERANS PKWY. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND THE CN CONSERVATION DISTRICTS, NO. 15627-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Mystic Creek, LLC – Preston Mettler 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF THE PROPERTY LOCATED AT 7300 E. 41ST ST. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 15634-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Schmitz Kalda And Associates, Inc. – Kim Buell 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S. RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND LW LIVE-WORK DISTRICTS TO THE C-3 COMMERCIAL— COMMUNITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 15655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): VanBuskirk Companies - Ryan Tysdal 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 736 S. 1ST AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15656-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Aaron George Properties, LLC – Aaron George 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5211 AND 5217 N. HEALY LN. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15686-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sterling Real Estate Trust - Mason Kossan 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2215 N. WESTPORT AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15687-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Natadman, LLC – Bradley Halverson 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF E. 57TH ST. AND S. DUBUQUE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 15735-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): VanBuskirk Companies - Ryan Tysdal 45. 2nd 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 AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY DISTRICTS, NO. 15101-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): 41Ellis, LLC - Brady Hyde 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING PERMIT AND INSPECTION FEE EXEMPTIONS TO INCLUDE VETERANS COMMUNITY PROJECT. Sponsors: Council Members Soehl and Kiley 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM CITY. Sponsor: Mayor ORDINANCE FIRST READINGS 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: ARENA/CONVENTION/ENTERTAINMENT BOARD. Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022. Sponsor: Mayor 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING CORRECTED PERMANENT EASEMENTS. Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022. Sponsor: Mayor 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING A REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022. Sponsors: Council Members Soehl and Starr HEARINGS AND RESOLUTIONS 51. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 41ELLIS ADDITION (15671-2021). The Planning Commission recommends approval (5-0). Private Applicant(s): Design and Develop Engineering, LLC – David Jibben 52. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor 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) 53. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED December 30, 2021. 54. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED January 1, 2022. 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.

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