City Council Meeting

MINUTES Regular City Council Meeting Tuesday, April 5, 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 Greg Neitzert, Council Member Marshall Selberg, 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 Absent: Mayor Paul TenHaken 2. INVOCATION  Pastor Randall Gehring, Our Saviors Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Jensen and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 15, 2022  City Council Meeting of Tuesday, March 15, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 1, 2022. 7. Notice of change orders on the memorandum dated April 1, 2022. 8. Report of Requests for Quotes for Fuel dated: March 10, 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 $3.2268. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: March 13, 2022; 9,003 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil #1 Clear Diesel ($4.0745) and #2 Clear Diesel ($3.903); Harms Oil #1 Clear Diesel ($4.0645) and #2 Clear Diesel ($3.8930); Parkland USA/SPF Energy /Farstad Oil, CHS, Petroleum Traders, Inc. and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 10. Report of Requests for Quotes for Fuel dated March 16, 2022; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Farstad Oil (Dyed Diesel #1 $3.427 and Dyed Diesel #2 $3.247); Coles Petroleum (Dyed Diesel #1 $3.645 and Dyed Diesel #2 ($3.4825); Howes Oil, no bid. Bid awarded to: Farstad Oil. 11. Report of Requests for Quotes for Fuel dated: March 29, 2022; Unleaded Ethanol (2,000 Gallons), Dyed Diesel #2 (6,000 Gallons); Vollan Oil Unleaded ($3.0990), Dyed Diesel ($3.7610); Cole’s Petroleum Unleaded ($3.0540), Dyed Diesel ($3.6690); Howes Oil (Unleaded ($3.1345), Dyed Diesel ($3.7530); Farstad Oil(Unleaded ($3.1420), Dyed Diesel ($3.7900); Harms Oil, CHS, Inc., Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. APPLICATIONS 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on April 7, 21, 22 and 23, 2022. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #12120, for 2021 property taxes in the amount of $1,214.85. Reason: Assessment Freeze for the Elderly and Disabled. 14. Parcel #12470, for 2021 property taxes in the amount of $658.86. Reason: A transfer into a Trust caused the Owner Occupied class to be removed in error. 15. Parcel #12525, for 2021 property taxes in the amount of $1,291.37. Reason: Assessment Freeze for the Elderly and Disabled. 16. Parcel #32201, for 2021 property taxes in the amount of $771.26. Reason: Assessment Freeze for the Elderly and Disabled. 17. Parcel #32813, for 2021 property taxes in the amount of $514.67. Reason: Assessment Freeze for the Elderly and Disabled. 18. Parcel #35180, for 2021 property taxes in the amount of $1,167.20. Reason: Assessment Freeze for the Elderly and Disabled. 19. Parcel #36132, for 2021 property taxes in the amount of $933.00. Reason: Assessment Freeze for the Elderly and Disabled. 20. Parcel #46299, for 2021 property taxes in the amount of $178.29. Reason: Assessment Freeze for the Elderly and Disabled. 21. Parcel #46519, for 2021 property taxes in the amount of $926.12. Reason: Assessment Freeze for the Elderly and Disabled. 22. Parcel #48565, for 2021 property taxes in the amount of $472.81. Reason: Assessment Freeze for the Elderly and Disabled. 23. Parcel #48705, for 2021 property taxes in the amount of $1,140.11. Reason: Assessment Freeze for the Elderly and Disabled. 24. Parcel #51855, for 2021 property taxes in the amount of $675.25. Reason: Assessment Freeze for the Elderly and Disabled. 25. Parcel #65193, for 2021 property taxes in the amount of $1,680.83. Reason: Assessment Freeze for the Elderly and Disabled. 26. Parcel #71190, for 2021 property taxes in the amount of $213.17. Reason: Assessment Freeze for the Elderly and Disabled. 27. Parcel #89370, for 2019 property taxes in the amount of $510.92. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 28. Parcel #89370, for 2020 property taxes in the amount of $2,251.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 29. Parcel #89370, for 2021 property taxes in the amount of $2,223.32. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 30. Parcel #89799, for 2021 property taxes in the amount of $3,018.24. Reason: Applicant qualifies for exemption under SDCL 10-4-24.9 & 10-4-29.10 (Parapalegic Veteran). 31. Parcel #90257, for 2020 property taxes in the amount of $265.21. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 32. Parcel #91169, for 2020 property taxes in the amount of $1,621.09. Reason: The property is exempt from the tax. 33. Parcel #91169, for 2021 property taxes in the amount of $1,852.37. Reason: Did not apply for owner-occupied status by the deadline. 34. Parcel #91759, for 2021 property taxes in the amount of $975.92. Reason: Error has been made in any identifying entry or description of the real property. NOTICE OF HEARINGS 35. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 3, 3607 East 10th Street, with Conditional Use Permit (2013-06-03) being approved on July 3, 2013. 36. Set a date of hearing for Tuesday, April 19, 2022. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 3, 3607 East 10th Street. 37. Set a date of hearing for Tuesday, April 19, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Mint Casino 3, 3607 East 10th Street. 38. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 4, 3609 East 10th Street, with Conditional Use Permit (2013-06-03) being approved on July 3, 2013. 39. Set a date of hearing for Tuesday, April 19, 2022. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Mint Casino 4, 3609 East 10th Street. 40. Set a date of hearing for Tuesday, April 19, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Mint Casino 4, 3609 East 10th Street. 41. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Gilibertos 10th Street LLC, 3603 East 10th Street (CUP not required). 42. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License, requesting off-sale use only, for Dolgen Midwest LLC, Dollar General Store #22751, 2701 East 17th Street (CUP not required). 43. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Olson Oil Company, Get-N-Go #24, 1200 East 10th Street (CUP not required). 44. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License for El Paraguas Group LLC, 421 North Phillips Avenue, Suite 119 (CUP not required). 45. Set a date of hearing for Tuesday, April 19, 2022. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Westwinds Casino Inc., 4609 West Homefield Drive, Suite 102 (CUP not required). 46. Set a date of hearing for Tuesday, April 19, 2022. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Westwinds Casino Inc., 4609 West Homefield Drive, Suite 102. 47. Set a date of hearing for Tuesday, April 19, 2022. New 2022 Retail Wine & Cider License for DDK LLC, JJ’s Billiards, 309 South Elmwood Avenue (CUP not required). 48. Set a date of hearing for Tuesday, April 19, 2022. Transfer of 2022 Retail Liquor License, including video lottery terminals, and Transfer of 2022 Package Liquor license from South Dakota Veteran’s Alliance Inc., 1600 West Russell Street, to South Dakota Veteran’s Alliance Inc., 1600 West Russell Street, 1700 West Russell Street and 1300 North Industrial Avenue. 49. Set a date of hearing for Tuesday, April 19, 2022. Transfer of 2022 Retail Liquor License from T180 LLC, Tavern 180, 2101 West 69th Street, Suite 107, to Commonwealth Gaming & Holdings Co Inc., Tavern 180, 2101 West 69th Street, Suite 107. 50. Set a date of hearing for Tuesday, April 19, 2022. Request to add video lottery terminals with the 2022 Retail Liquor License for Commonwealth Gaming & Holdings Co Inc, Tavern 180, 2101 West 69th Street, Suite 107. 51. Set a date of hearing for Tuesday, April 19, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 5 Oaks Event Venue, 480 East 69th Street, for a wedding on April 23, 2022. 52. Set a date of hearing for Tuesday, April 19, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for an event on April 28, 2022. 53. Set a date of hearing for Tuesday, April 19, 2022. Special One-Day Malt Beverage License for T Slat Inc., to be operated at Ronken Field, 1401 West 33rd Street and Bowden Field, 1501 West 33rd Street, for ball games on April 30 and May 1, 2022. 54. Set a date of hearing for Tuesday, April 19, 2022. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at Hotel on Phillips, 100 North Phillips Avenue; Nyberg's Ace, 200 East 12th Street; Great Outdoor Store, 201 East 10th Street; Lauriebelles, 206 South Phillips Avenue; Mint + Basil, 207 South Phillips Avenue; Home Porch Gifts, 217 South Phillips Avenue; Chelsea's Boutique, 220 South Phillips Avenue; American State Bank, 223 South Phillips Avenue; Say Anything Jewelry, 225 South Phillips Avenue; JLG Architects, 232 South Main Avenue; Friends of SDPB, 300 North Dakota Avenue #104; Jane Rae Events, 301 South Minnesota Avenue #2; Bechtold Jewelry, 325 South Phillips Avenue; TH Grey, 330 South Phillips Avenue; Common Sense, 400 South 2nd Avenue; Prairie C. Dessert Bar, 401 East 8th Street #105; 8th & Railroad Center, 401 East 8th Street #200A; Simply Perfect, 401 East 8th Street #108; Sticks & Steel, 401 East 8th Street #118; Envive Chiropractic, 412 South 1st Avenue; Deku Tree, 421 North Phillips Avenue #128; Intoxibakes, 421 North Phillips Avenue #111; Henna Harvest, 421 North Phillips Ave #107; Rehfeld's Art & Framing, 431 North Phillips Avenue for an Art & Wine Walk on May 6, 2022. 55. Set a date of hearing for Tuesday, April 19, 2022. Special One-Day Malt Beverage License for Lifescape to be operated at Vern Eide Mitsubishi, 4501 East Arrowhead Parkway, Suite 101 for a fundraiser on June 11, 2022. REGULAR AGENDA 56. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. UNFINISHED BUSINESS 57. Deferred from the meeting of Tuesday, March 15, 2022; Approval of sub-item 30 from the contracts/agreements on the memorandum dated March 11, 2022. Pending motion: A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Sub-Item 30. (All other items on the memo were approved at the City Council Meeting of March 15, 2022) A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Item 57. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 58. New 2022 Retail Liquor License for Interactive Holdings Inc., VIP Gaming Lounge, 1002 South Cliff Avenue (CUP not required; this is an addition to an existing license). 59. New 2022 Retail Liquor License for Sandtrap Inc., Bogey’s, 811 South Marion Road (CUP not required, this is an addition to an existing license). 60. New 2022 Retail Liquor License for Steel District Office Tower LLC, 150 East 4th Place (CUP not required). Pending final inspections per Health & Building Services. 61. New 2022 Retail Liquor License and New 2022-23 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for SF Hotel #1 LLC, 120 East 4th Place (CUP not required). Pending final inspections per Health & Building Services. 62. New 2022 Retail Liquor License for Main & Main LLC, Springhill Suites, 4304 West Empire Place (CUP not required; this is an addition to an existing license). 63. New 2022 Retail Liquor License for Thoms Company Real Estate LLC, 8500 West 32st Street, Suite TBD (CUP not required). Pending final inspections per Building Services. 64. New 2022 Retail Wine & Cider License for The Country Club of Sioux Falls, 3400 West 22nd Street (CUP not required). 65. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Randles Kitchen LLC, 114 North Indiana Avenue (CUP not required). 66. Transfer of 2022 Retail Wine & Cider License from Winetime on Main LLC, 330 South Main Avenue, to Winetime on Main LLC, 114 South Main Avenue, Suite 210 (CUP not required). 67. Transfer of 2022 Package Liquor License from Cosmic LLC, 1900 West 12th Street, to ASHV LLC, 1900 West 12th Street. 68. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100, to Access Entertainment Group LLC, Spade Connexions, 8509 West 26th Street, Suite 100. Pending final inspections per Health & Building Services. 69. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from SRS Inc., Heart Connexions, 8509 West 26th Street, to Access Entertainment Group LLC, 8509 West 26th Street. Pending final inspections per Health & Building Services. 70. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from SRS Inc., Diamond Connexions, 205 West 85th Street, to Access Entertainment Group LLC, Diamond Connexions, 205 West 85th Street. 71. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from SRS Inc., Club Connexions, 207 West 85th Street, to Access Entertainment Group LLC, Club Connexions, 207 West 85th Street. 72. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Augustana University to be operated at the Elmen Center, 2505 South Grange Avenue, for an athletic auction on April 8, 2022. 73. Special One-Day Wine License for Active Generations, 2300 West 46th Street, for a special event on April 24, 2022. 74. Special One-Day Malt Beverage License for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive, for a fundraiser on May 7, 2022. A motion was made by Council Member Erickson and seconded by Council Member Kiley to withdraw Item 63. Roll call vote to withdraw. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 58-62 and Items 64-74. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 75. 2nd Reading: Deferred from the meeting of Tuesday, March 8, 2022; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. (This item is expected to be withdrawn as a revised version will be introduced under “First Reading Ordinances”). Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to withdraw Item 75. Roll call vote to withdraw. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 76. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2000 E. 12TH ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 15943-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Brent Tucker A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 40-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 77. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3031 N. WAYLAND AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL AND THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICTS, NO. 15944-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Brent Tucker A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 41-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 78. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF S. RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT AND C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE C-2 COMMERCIAL—  NEIGHBORHOOD AND STREETCAR DISTRICT AND C-3 COMMERCIAL— COMMUNITY DISTRICT, NO. 15957-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Ryan Tysdal A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 42-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 79. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF W. GRACELAND CT. AND W. GRACELAND PL. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT, NO. 15964-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Veldhouse Construction, Inc A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Ordinance No. 43-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 80. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2900 E. RICE ST. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15977-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): William R. Rush A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 44-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 81. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF ARROWHEAD PKWY. AND WEST OF SIX MILE RD. FROM THE CN CONSERVATION, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, AND THE C-4 COMMERCIAL—REGIONAL DISTRICTS TO THE CN CONSERVATION, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, AND C-4 COMMERCIAL—REGIONAL DISTRICTS, NO. 15987-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Willows Edge Estates, Llc  A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 45-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 82. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 57TH ST. AND WEST OF SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, LW LIVE-WORK, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 15982-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Signature Companies, Llc A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Ordinance No. 39-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 83. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. Recommendation: Set a date of 2nd Reading for Wednesday, April 13, 2022. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Wednesday, April 13, 2022 for Item 83. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 84. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: ORDINANCES, RESOLUTIONS, MOTIONS AND OTHER DOCUMENTS REQUIRING COUNCIL APPROVAL BY REQUIRING AN ANNOTATED AGENDA. Recommendation: Set a date of 2nd Reading for Wednesday, April 13, 2022. Sponsors: Council Members Brekke and Starr A motion was made by Council Member Brekke and seconded by Council Member Starr to set a date of 2nd Reading for Wednesday, April 13, 2022 for Item 84. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 85. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 35 CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD TO IMPLEMENT A MANDATORY ETHICS TRAINING PROGRAM. Recommendation: Set a date of 2nd Reading for Wednesday, April 13, 2022. Sponsors: Council Members Brekke and Starr A motion was made by Council Member Brekke and seconded by Council Member Starr to set a date of 2nd Reading for Wednesday, April 13, 2022 for Item 85. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 86. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Facilities ($1,000,000); Fire ($2,685,000); Police ($80,000); Library ($50,000); Highways and Streets ($6,000,000); and Parks and Recreation ($3,855,000). Recommendation: Set a date of 2nd Reading for Tuesday, April 19, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, April 19, 2022 for Item 86. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 87. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO SUPPORT THE CONSTRUCTION AND OPERATION OF THE UNIVERSITY OF SOUTH DAKOTA DISCOVERY DISTRICT RESEARCH PARK LOCATED IN THE CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, April 19, 2022. Sponsors: Council Members Soehl and Erickson A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, April 13, 2022 for Item 87. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 88. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD SPORTS COMPLEX SOUTH ADDITION (15981-2022). Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 26-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion.  RESOLUTION NO. 26-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD SPORTS COMPLEX SOUTH ADDITION (15981-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Sanford Sports Complex South 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: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 89. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF MAJESTIC VILLAGE ADDITION (15906-2022). Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Resolution No. 27-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 27-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF MAJESTIC VILLAGE ADDITION (15906-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Majestic Village 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: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 90. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 0016063-2022—PERRY NATURE AREA. Sponsor: Mayor  A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 28-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 28-22 ANNEXATION 0016063-2022—PERRY NATURE AREA A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along E. Arrowhead Parkway. 4. Sanitary sewer is adjacent to the parcel. 5. City water is available for development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties and adjacent unannexed right-of-way are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tracts 1 and 2 of G.H. Perry Addition in the North Half (N1/2) of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota; and Blocks 6, 7, 8, 9, 10 of Riley’s East Sioux Falls, Minnehaha County, South Dakota; and Lots 16, 17, & 18 of Willow Ridge Estates, an Addition in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th PM; and Lot 1 of Rise Addition in the SW1/4 of Section 21, Township 101 North, Range 48 West of the 5th PM, Minnehaha County And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 91. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015971-2022 - NERISON NW1/4 NE1/4. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No.29-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 29-22 ANNEXATION 015971-2022—NERISON NW1/4 NE1/4 A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along 85th St. 4. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: South 40' of the NW1/4 of the NE1/4 of Section 23, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 92. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 016043-2022 - TRACT 5 AKERSON'S ADDITION. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 30-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 30-22 ANNEXATION 016043-2022—TRACT 5 AKERSON’S ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along Minnesota Ave. 4. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Tract 5 Akerson’s Addition in the NW1/4 of Section 23, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 93. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015958-2022—BAKKER FARMS NW1/4 NW1/4. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 31-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 31-22 ANNEXATION 015958-2022—BAKKER FARMS NW1/4 NW1/4 A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. Maple St. 4. Sanitary sewer will need to be extended from the existing main at applicant’s cost. 5. City water is available to the development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: The NW1/4 of the NW1/4 of Section 11, Township 101 North, Range 50 West of the P.M. Minnehaha County, South Dakota (except Tract 1 in the NW1/4 and except Lot H1 and Lot H2 contained therein); and the S1/2 of the NW1/4 of Section 11, Township 101 North, Range 50 West of the 5th P.M. Minnehaha County, SD, (except Tract 1 McConahay Addition in the SE1/4 of the NW1/4 contained herein.); all in Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 04/05/22 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 94. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 016068-2022—OLLERICH N1/2 NE1/4. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 32-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 32-22 ANNEXATION 016068-2022—OLLERICH N1/2 NE1/4 A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along either W. 41st St. or Ellis Rd. 4. Sanitary sewer will need to be extended from the existing main at applicant’s cost. 5. City water is available to the development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: The N1/2 NE1/4 (Ex Lots H-1 & H-2 & R-1 & Ex Ollerich Tr 1 & Ex Tr A Ollerich Farms 2nd Addn) Section 33, Township 101 North, Range 50 West of the 5th P.M. all in Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 95. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO AGREEMENT BETWEEN FRIENDS OF LEVITT SHELL SIOUX FALLS, INC. AND MORTIMER & MIMI LEVITT FOUNDATION AND THE CITY OF SIOUX FALLS, SD, REGARDING LEVITT SHELL AT FALLS PARK WEST. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 33-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 33-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO AGREEMENT BETWEEN FRIENDS OF LEVITT SHELL SIOUX FALLS, INC. AND MORTIMER & MIMI LEVITT FOUNDATION AND THE CITY OF SIOUX FALLS, SD, REGARDING LEVITT SHELL AT FALLS PARK WEST. WHEREAS, Friends of Levitt Shell Sioux Falls, Inc. (“Levitt Sioux Falls”), the Mortimer & Mimi Levitt Foundation, and the City of Sioux Falls, SD, are parties to an Agreement Regarding Levitt Shell at Falls Park West dated as of February 26, 2016, and filed as City Agreement No. 16- 0111 (the “Agreement”); and WHEREAS, the parties desire to enter into a Second Amendment to Agreement to add Department Events; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this resolution entitled “Second Amendment to Agreement Between Friends of Levitt Shell Sioux Falls, Inc. and Mortimer & Mimi Levitt Foundation and the City of Sioux Falls, SD, Regarding Levitt Shell at Falls Park West” (“Amendment No. 2”) is hereby approved. Section 2. The Mayor is authorized to sign the Amendment No. 2 to Agreement after it is ratified and executed by Levitt Sioux Falls and the Mortimer & Mimi Levitt Foundation. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 96. A RESOLUTION APPROVING A TEMPORARY FURNITURE ZONE EXTENSION ON A PORTION OF E. 12TH ST. Sponsors: Council Members Erickson and Jensen A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 34-22. Roll call vote to adopt. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 34-22 A RESOLUTION APPROVING A TEMPORARY FURNITURE ZONE EXTENSION ON A PORTION OF E. 12TH ST. WHEREAS, the Sioux Falls City Council on May 18, 2021, approved a temporary furniture zone extension for a limited section of E. 12th St.; and WHEREAS, the furniture zone applicant is required to provide data on how the extended furniture zone impacts its business; and WHEREAS, the City believes it would be useful to obtain additional data and consider the impact of the proposed furniture zone upon public property, public investments, and public rights of access and way; and WHEREAS, the City believes it would be useful to obtain additional data and consider the impact of the proposed furniture zone on business owners, property owners, and residents and to determine if the proposed furniture zone is an appropriate use of the public right-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves a temporary furniture zone extension on E. 12th St., as shown in the attached Exhibit A, by temporarily repurposing existing parking spaces into an extended furniture zone until October 31, 2022. Date adopted: 04/05/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Emmett Reistroffer spoke about food insecurities in Sioux Falls. Catherine Riffle spoke about vehicular homicide and police responsibility. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Erickson to adjourn the meeting at 8:48 p.m. Roll call vote to adjourn. 7 Yes: Neitzert, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. Tamara Jorgensen, MMC, Assistant City Clerk