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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 15, 2022

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Minutes

MINUTES City Council Meeting Tuesday, February 15, 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 Janet Brekke, Council Member Christine M. Erickson (Via telecom), Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg (Via telecom), Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: Council Member Alex Jensen 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 Kiley and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 8, 2022  Regular City Council Meeting of Tuesday, February 8, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 11, 2022. 7. Notice of change orders on the memorandum dated February 11, 2022. 8. Report of Requests for Quotes for Fuel dated: February 3, 2022: Unleaded (2,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.8073. 9. Report of Requests for Quotes for Fuel dated: February 7, 2022: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.8403. APPLICATIONS 10. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on February 18, 19, 20, 25 and March 3, 4 and 5, 2022. 11. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at 315 North Phillips Avenue, for a special event on February 18, 2022. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, March 1, 2022. New 2022 Retail Liquor License for Alpine II LLC, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. 13. Set a date of hearing for Tuesday, March 1, 2022. New 2022 Retail Liquor License for Golden Coin Casino Inc., High Rollers Casino, 2704 South Ellis Road, Suite 101. 14. Set a date of hearing for Tuesday, March 1, 2022. New 2022 Retail Liquor License for Golden Coin Casino Inc., Golden Coin Casino, 405 North Kiwanis Avenue. 15. Set a date of hearing for Tuesday, March 1, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine License for Casey’s Retail Company, Casey’s #3963, 3820 West Benson Road (CUP not required). 16. Set a date of hearing for Tuesday, March 1, 2022. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Casey’s Retail Company, Casey’s #3963, 3820 West Benson Road. 17. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2022 Retail Liquor License from Quan Holdings Inc, Crown Casino on Cliff II, 902 South Cliff Avenue, to Dave & Buster’s of South Dakota Inc., Dave & Buster’s, 2690 South Lorraine Place (full service restaurant; CUP not required). 18. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2022 Retail Liquor License from VFW Servicemen’s Club, VFW, 3601 South Minnesota Avenue, to VFW Servicemen’s Club, VFW, 1700 West Russell Street (CUP not required). 19. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from MG Oil Company, Happy Jacks 5, 4601 East Arrowhead Parkway, Suite 109, to MG Oil Company, Jokerz 8 II, 5503 North Cliff Avenue, Suite 101. 20. Set a date of hearing for Tuesday, March 1, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Jokerz 8 II, 5503 North Cliff Avenue, Suite 101. 21. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Y & M LLC, Chance Casino, 5503 North Cliff Avenue, to MG Oil Company, Jokerz 8, 5503 North Cliff Avenue. 22. Set a date of hearing for Tuesday, March 1, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Jokerz 8, 5503 North Cliff Avenue. 23. Set a date of hearing for Tuesday, March 1, 2022. Special One-Day Liquor License for KJT LLC to be operated at 301 South Thompson Avenue, for a wedding on March 8, 2022. 24. Set a date of hearing for Tuesday, March 1, 2022. Special One-Day Liquor License for The Hello Hi, to be operated at 600 North Main Avenue, Suite 110, for a cocktail dinner on March 15, 2022. 25. Set a date of hearing for Tuesday, March 1, 2022. Special One Day Malt Beverage License for Siouxland Heritage Museums to be operated at 200 West 6th Street, for a special event on March 17, 2022. REGULAR AGENDA 26. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 27. 2nd 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. Sponsors: Council Members Soehl and Starr A motion was made by Council Member Soehl and seconded by Council Member Starr to adopt Ordinance No. 21-22. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Sponsors: Council Members Soehl and Starr A motion was made by Council Member Soehl and seconded by Council Member Starr to adopt Ordinance No. 22-22. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1024 W. 17TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15428-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): John Small A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 29. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND WEST OF N. MARION 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, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 15702-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Brosz Engineering, Inc. A motion was made by Council Member Brekke and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 30. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 501 S. HOLLY AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 15759-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Nova Properties, LLC – Ashton Larson A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 31. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. MADISON STREET AND EAST OF VETERAN’S PARKWAY FROM THE AG AGRICULTURE, C-3 COMMUNITY COMMERCIAL, CN CONSERVATION, LW LIVE WORK DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1, TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, LW LIVE-WORK, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND CN CONSERVATION, NO. 15805-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): : Ehrhart Griffin & Associates - Damian Greble A motion was made by Council Member Brekke and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 32. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3511 S. GATEWAY BLVD. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 15810-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Sayre – Paul Corn A motion was made by Council Member Neitzert and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 33. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2225 N. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 15831-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Willadsen Lund Engineering - Eric Willadsen A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 34. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 153: ANNEXATION POLICIES. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 35. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 53: PUBLICLY OWNED TREATMENT WORKS, PERTAINING TO PRIVATE WASTEWATER DISPOSAL. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 36. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 59: WATER DEPARTMENT REGULATIONS, IN RELATION TO WATER SERVICE IN ANNEXED AREAS. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 37. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 38. 1st 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; SUBCHAPTER VACATION LEAVE. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 38. Roll call vote to set a date of 2nd Reading. 6 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Brekke was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Council Member Janet Brekke excused herself from the meeting on the grounds this and the next item create an appearance of impropriety under the City's Code of Ethics and creates a conflict of interest for her to participate so close to the election; she stated she will refrain from any other debate, private comments, or discussion on the matters. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE FULL-TIME EMPLOYEE RETENTION INCENTIVE PAY AND COMPENSATION AND BENEFIT STUDY. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, March 1, 2022 for Item 39. Roll call vote to set a date of 2nd Reading. 5 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. Brekke was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. See minute for Item 38. HEARINGS AND RESOLUTIONS 40. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 14-22. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 14-22 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the city of Sioux Falls once at least ten (10) days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: FARM LEASES—TILLABLE CROPLAND, PASTURE, AND HAYING LEASES— ONE-YEAR LEASES  Tract 1 and Tract 2 of Sencore Addition to City of Sioux Falls in the S1/2 of Section 6-T101N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Tract 7, Tract 8, and Tract 10 all in the SW1/4 of Section 36-T102N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2, Thelin Addition to City of Sioux Falls in the N1/2NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Iverson Park Addition in the SW1/4 of Section 21-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of the SE1/4NW1/4 lying south of SD Hwy 42 in Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of Tracts 4 and 5 of G. H. Perry Addition of the N1/2 of Section 28-T101N- R48W of the 5th P.M., Minnehaha County, SD, lying west of the Big Sioux River and north of SD Hwy 42  Tract 2 in the SE1/4 of Section 29-T102N-R49W of the 5th P.M., Minnehaha County, SD, lying west of Ditch Road and north of 60th Street North  Tract 1 of Sioux Falls Landfill Addition in the E1/2 of Section 34-T101N-R51W of the 5th P.M., AND Tract 1 of Sioux Falls Landfill Addition in Section 35-T101-R51W of the 5th P.M., all in Minnehaha County, SD, AND Lot 2 of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., AND Lots 1, 3, 4, 5, 6, 7 and platted drive of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12- T100N-R52W of the 5th P.M., all in Turner County, SD, AND Tract 1, Tipton’s Addition in the NW1/4 of Section 7-T100N-R51W of the 5th P.M., Lincoln County, SD  W1/2SE1/4 and E1/2SW1/4, now known as Wellfield 1st Addition in the S1/2 of Section 8-T102N-R49W of the 5th P.M., Minnehaha County, SD  That part of the W1/2SW1/4 lying east of railroad right-of-way in Section 4-T102N- R49W of the 5th P.M., Minnehaha County, SD  Nesheim 2nd Addition in the E1/2NE1/4 of Section 20-T103N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 of NW1/4, and Tract 1D of NE1/4, and NE1/4 (except Swartz’s Addition and except all H Lots), and Tract 1 (access road) of SE1/4 all in Section 28-T103N- R49W of the 5th P.M., AND Tract 1 (access road) of SW1/4 in Section 27-T103N- R49W of the 5th P.M., all in Minnehaha County, SD  E1/2SW1/4 (except H Lots) and SE1/4 (except Tracts 1, 2, and 3 of Swartz’s Additions and except H Lots) all in Section 21-T103N-R49W of the 5th P.M., Minnehaha County, SD  NE1/4 and N1/2SE1/4 (except areas east of county road along Slipup Creek) all in Section 23-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 and E1/2NW1/4 in Section 12-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2 of Slipup Creek Watershed Addition in the SE1/4 and SW1/4 in Section 1-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2SE1/4 (lying east of county road along Slipup Creek) in Section 23-T102N- R49W of the 5th P.M., AND NW1/4SW1/4 of Section 24-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NE1/4 (except Fredericksen Tract 1 contained therein, and except County Auditor’s Lot H-1 contained therein) of Section 14-T102N-R49W of the 5th P.M., Minnehaha County, SD  Rogers Tract 2 in the NW1/4 of Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 (except Tract 1) and E1/2NW1/4 of Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 6B County Auditor’s Subdivision and part of the NW1/4NE1/4 (except Lot E-1) all in the NE1/4 of Section 32-T102N-R49W of the 5th P.M., AND a portion of Lot E- 3 and Tract 2, both of County Auditor’s Subdivision in the NW1/4 of Section 33- T102N-R49W of the 5th P.M., all in Minnehaha County, SD  Northwest Tower Addition in the SW1/4 of Section 24-T102N-R50W of the 5th P.M., Minnehaha County, SD  SW1/4SE1/4 in Section 7-T103N-R50W of the 5th P.M., Minnehaha County, SD  NE1/4SE1/4, and the access strip of land 16.5 feet in width known as Tract 1, all in the SE1/4SE1/4 of Section 31-T104N-R50W of the 5th P.M., Minnehaha County, SD  Vander Woude Tract 2 in the NW1/4 of Section 2-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County, SD  Tract A of Sioux Empire Development Park 8 Addition to the City of Sioux Falls in Section 35-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NW1/4 & SW1/4NW1/4 & SE1/4NW1/4 & NW1/4NE1/4 all in Section 36- T102N-R49W of the 5th P.M., AND SW1/4 & SW1/4NE1/4 lying west of the Big Sioux River, all in Section 36-T102N-R49W of the 5th P.M., AND NW1/4 & SW1/4 lying north and west of the Big Sioux River in Section 1-T101N-R49W of the 5th P.M., AND Tract 1 Knabach Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 2 of East Benson Addition to the City of Sioux Falls, Minnehaha County, SD  W1/2NE1/4 (EX R-1 & EX S200), Section 34-T101N-R51W of the 5th P.M., Minnehaha Co., SD, physical address of 46369 267th St. Hartford, SD 57033  That portion of the West Half of the Northwest Quarter (W1/2 NW1/4) lying East of the Railroad Right of Way, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The East Half of the Northwest Quarter (E1/2 NW1/4), except the South 2 Rods thereof and except the North 33 feet of the East Half of the Northwest Quarter (E1/2 NW1/4) of Section 9, Township 102 North, Range 49 West of the 5th P.M., Lying South of and immediately adjacent to Lot 4, except the East 178.3 feet of said Lot 4 measured along the South line thereof, of Nessans Subdivision of Tract 1 of County Auditors plat of Tracts 1 and 2 of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 4, Township 104 North, Range 49 West of the 5th P.M., all of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The North Half of the Northeast Quarter (N1/2 NE1/4) except Lot H-1 contained therein and except the Silver Creek Estates Replat, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD  SW1/4 lying east of Big Sioux River (except Swanson’s Tract 1) & W1/2SE1/4 (except Sweetman Tract 1), all in Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Unzelman & Shultz Addition in the Northeast Quarter (NE1/4) and the East One- Half of the Northwest Quarter (E1/2NW1/4) of Section 15, of Township One Hundred One (101) North in Range 50 West of the 5th P.M., Minnehaha County, SD, according to the recorded plat thereof GREEN SPACE LEASES—LEASED BY NEIGHBORING OWNER IN EXCHANGE FOR WEED CONTROL/LAWN MAINTENANCE—ONE-YEAR LEASES  Lot 4, Block 2, Fox Run Addition, an Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Great Northern Second Addition to the City of Sioux Falls, Minnehaha County, SD  Lot 1 in Tract B, Sycamore Crossing Addition to the City of Sioux Falls, Minnehaha County, SD DRAINAGE PROPERTY—PORTION LEASED FOR CONCRETE PAD PARKING AND DUMPSTER ENCLOSURE—ONE-YEAR LEASE  Tract 1 of Great Northern First Addition to the City of Sioux Falls, Minnehaha County, SD TOWER PROPERTY—PORTION LEASED FOR COMMUNICATION TOWER MULTIYEAR LEASE  Lot 2A of the replat of part of Block 4 of Lewis Heights Addition to the City of Sioux Falls, Minnehaha, County, SD  57th Street Elevated Water Storage Tank Space located within Lot 1 of Bakker Tract No. 1 in Government Lots 2 and 3 of Section 12-T100N-R50W of the 5th P.M., Lincoln County, SD, commonly known as 2201 E. 57th St.  Menlo Avenue Elevated Water Storage Tank Space located within Block 23, Sage’s Subdivision of Blocks 7, 10, and 23, of Park Addition to Sioux Falls, Minnehaha County, SD, commonly known as 1200 S. Menlo Ave.  Melanie Lane Elevated Water Storage Tank located within Tract 2, Sycamore Hill Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 1900 S. Melanie Ln.  Western Heights Elevated Water Storage Tank located within Lot A in Tract 1 of Public School Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 3201 S. Kuehn Park Rd. Date adopted: 02/15/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 41. 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 Kiley to adopt Res. 15-22. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 15-22 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 Richard Curd Airport Authority Board Appointed for a term from February 2022 to February 2027. Erica Mullaly Business Improvement Appointed for a term from District Board – Main February 2022 to February Street 2025 (to replace Tom Hurlbert). Elmar Delibasic Commission on Human Appointed for a term from Relations February 2022 to May 2023 (to fill the unexpired term of Ryan Chase). Dawn Marie Johnson Commission on Human Appointed for a term from Relations February 2022 to May 2027. Brian Jackson Infrastructure Review Reappointed for a term from Advisory Board (IRAB) February 2022 to February 2025 (member representing Home Builders Association). Ben White Infrastructure Review Appointed for a term from Advisory Board (IRAB) February 2022 to February 2025 (member to represent engineering consultants). Date adopted: 02/15/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sarah Duhl spoke about getting turned away from medical appointments. Scott Ehrisman spoke about providing a remote option for public input. Hunter Barry spoke about no-knock warrants. Chad Bishop spoke about natural covid infection as a vaccine. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Brekke to adjourn at 8:04 p.m. Voice vote to adjourn. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, February 15, 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 Janet Brekke Council Member Christine M. Erickson Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr 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, February 8, 2022  Regular City Council Meeting of Tuesday, February 8, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 11, 2022. 7. Notice of change orders on the memorandum dated February 11, 2022. 8. Report of Requests for Quotes for Fuel dated: February 3, 2022: Unleaded (2,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.8073. 9. Report of Requests for Quotes for Fuel dated: February 7, 2022: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.8403. APPLICATIONS 10. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on February 18, 19, 20, 25 and March 3, 4 and 5, 2022. 11. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at 315 North Phillips Avenue, for a special event on February 18, 2022. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, March 1, 2022. New 2022 Retail Liquor License for Alpine II LLC, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. 13. Set a date of hearing for Tuesday, March 1, 2022. New 2022 Retail Liquor License for Golden Coin Casino Inc., High Rollers Casino, 2704 South Ellis Road, Suite 101. 14. Set a date of hearing for Tuesday, March 1, 2022. New 2022 Retail Liquor License for Golden Coin Casino Inc., Golden Coin Casino, 405 North Kiwanis Avenue. 15. Set a date of hearing for Tuesday, March 1, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine License for Casey’s Retail Company, Casey’s #3963, 3820 West Benson Road (CUP not required). 16. Set a date of hearing for Tuesday, March 1, 2022. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Casey’s Retail Company, Casey’s #3963, 3820 West Benson Road. 17. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2022 Retail Liquor License from Quan Holdings Inc, Crown Casino on Cliff II, 902 South Cliff Avenue, to Dave & Buster’s of South Dakota Inc., Dave & Buster’s, 2690 South Lorraine Place (full service restaurant; CUP not required). 18. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2022 Retail Liquor License from VFW Servicemen’s Club, VFW, 3601 South Minnesota Avenue, to VFW Servicemen’s Club, VFW, 1700 West Russell Street (CUP not required). 19. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from MG Oil Company, Happy Jacks 5, 4601 East Arrowhead Parkway, Suite 109, to MG Oil Company, Jokerz 8 II, 5503 North Cliff Avenue, Suite 101. 20. Set a date of hearing for Tuesday, March 1, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Jokerz 8 II, 5503 North Cliff Avenue, Suite 101. 21. Set a date of hearing for Tuesday, March 1, 2022. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Y & M LLC, Chance Casino, 5503 North Cliff Avenue, to MG Oil Company, Jokerz 8, 5503 North Cliff Avenue. 22. Set a date of hearing for Tuesday, March 1, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Jokerz 8, 5503 North Cliff Avenue. 23. Set a date of hearing for Tuesday, March 1, 2022. Special One-Day Liquor License for KJT LLC to be operated at 301 South Thompson Avenue, for a wedding on March 8, 2022. 24. Set a date of hearing for Tuesday, March 1, 2022. Special One-Day Liquor License for The Hello Hi, to be operated at 600 North Main Avenue, Suite 110, for a cocktail dinner on March 15, 2022. 25. Set a date of hearing for Tuesday, March 1, 2022. Special One Day Malt Beverage License for Siouxland Heritage Museums to be operated at 200 West 6th Street, for a special event on March 17, 2022. REGULAR AGENDA 26. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 27. 2nd 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. Sponsors: Council Members Soehl and Starr 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Sponsors: Council Members Soehl and Starr ORDINANCE FIRST READINGS 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1024 W. 17TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15428-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): John Small 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND WEST OF N. MARION 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, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 15702-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Brosz Engineering, Inc. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 501 S. HOLLY AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 15759-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Nova Properties, LLC – Ashton Larson 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. MADISON STREET AND EAST OF VETERAN’S PARKWAY FROM THE AG AGRICULTURE, C-3 COMMUNITY COMMERCIAL, CN CONSERVATION, LW LIVE WORK DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1, TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, LW LIVE-WORK, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND CN CONSERVATION, NO. 15805-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): : Ehrhart Griffin & Associates - Damian Greble 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3511 S. GATEWAY BLVD. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 15810-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Sayre – Paul Corn 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2225 N. BAHNSON AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 15831-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Private Applicant(s): Willadsen Lund Engineering - Eric Willadsen 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 153: ANNEXATION POLICIES. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 53: PUBLICLY OWNED TREATMENT WORKS, PERTAINING TO PRIVATE WASTEWATER DISPOSAL. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 59: WATER DEPARTMENT REGULATIONS, IN RELATION TO WATER SERVICE IN ANNEXED AREAS. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor 38. 1st 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; SUBCHAPTER VACATION LEAVE. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE FULL-TIME EMPLOYEE RETENTION INCENTIVE PAY AND COMPENSATION AND BENEFIT STUDY. Recommendation: Set a date of 2nd Reading for Tuesday, March 1, 2022. Sponsor: Mayor HEARINGS AND RESOLUTIONS 40. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor 41. 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.

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