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City Council Meeting

Regular Meeting

Sioux Falls, SD · April 19, 2022

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Minutes

MINUTES City Council Meeting Tuesday, April 19, 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 Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Christine M. Erickson, Council Member Marshall Selberg 2. INVOCATION  Pat Dupert, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Item 39 from Agenda Item 6 on the Regular Agenda for Council Discussion (Technology; Website/Content Management System Agreement; To Award a Bid; Open Cities; $425,593). See Agenda Item 6 for action taken. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Wednesday, April 13, 2022  City Council Meeting of Wednesday, April 13, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 15, 2022. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Sub-Item 39 from Agenda Item 6 (Technology; Website/Content Management System Agreement; To Award a Bid; Open Cities; $425,593). Roll call vote to approve. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated April 15, 2022. 8. Sioux Area Metro Report of Requests for Quotes for Fuel dated: April 5, 2022; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil #1 Clear Diesel ($4.2584) and #2 Clear Diesel ($4.1634); Harms Oil, Parkland USA/SPF Energy /Farstad Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated April 6, 2022; Dyed Diesel (7,500 Gallons); Cole’s Petroleum ($3.7233); Harms Oil ($3.7494); Howes Oil and Olson Oil, both no bid. Bid awarded to: Coles Petroleum. 10. Report of Requests for Quotes for Fuel dated: April 8, 2022; Dyed Diesel (7,500 Gallons); Vollan Oil ($3.511); Harms Oil ($3.6297). Bid awarded to: Vollan Oil 11. Report of Requests for Quotes for Fuel dated: April 8, 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 $3.0714. 12. Report of Requests for Quotes for Fuel dated: April 11, 2022; Dyed Diesel (7,000 Gallons). Vollan Oil ($3.6000); Harms Oil ($3.1680). Bid awarded to: Vollan Oil 13. Approval of a request from Kelsey Walz to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on May 21, 2022, for the following purpose: wedding reception. APPLICATIONS 14. Special One-Day Liquor Licenses for Washington Pavilion Management Inc, 301 South Main Avenue, for special events on April 28, May 3-8 and 10, 2022. 15. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License, off-sale use only, for Juba International Market, 1512 East 10th Street. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 16. Parcel #27333, for 2021 property taxes in the amount of $424.84. Reason: Assessment Freeze for the Elderly and Disabled. 17. Parcel #92060, for 2021 property taxes in the amount of $3,862.79. Reason: Improvements on real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 18. Parcel #65193, for 2021 property taxes in the amount of $1,680.83. Reason: Assessment Freeze for the Elderly and Disabled. NOTICE OF HEARINGS 19. Set a date of hearing for Wednesday, May 4, 2022. New 2022 Retail Liquor License for Bacchus Holdings LLC, 101 North Minnesota Avenue, with Conditional Use Permit (CU-015979-2022) being approved on March 2, 2022. 20. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Package Liquor License from AD Association, Shop N Cart East, 4301 East 12th Street, to East Mercato LLC, East Mercato, 4401 East 10th Street (CUP not required). 21. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD Farm Wine License from Storm Clinic Prof LLC, Storm Clinic, 7600 South Minnesota Avenue, Suite 201, to Thalia Bar LLC, 7000 South Lyncrest Place (CUP not required). 22. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD Farm Wine License from Jacky’s Restaurant LLC, 702 East 8th Street, to T-Juanita Street Food and Cheladas LLC, 702 East 8th Street. 23. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Liquor License from DCK LLC, Club David, 214 West 10th Street, to Ballard Building Restaurant Co., Club David, 214 West 10th Street. 24. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Liquor License from VFW Service Men’s Club, 1700 West Russell Street, to Washington Pavilion Management Inc., 301 South Main Avenue. 25. Set a date of hearing for Wednesday, May 4, 2022. Special One Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on May 14 and 21, 2022. 26. Set a date of hearing for Wednesday, May 4, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for East Bank Block Parties on June 3, July 1 and August 5, 2022. 27. Set a date of hearing for Wednesday, May 4, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Saint Mary Catholic Church, 2109 South 5th Avenue, for a church social on June 22, 2022. REGULAR AGENDA 28. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend by moving Items 58 & 59 to immediately follow Item 50. Roll call vote to amend. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Sub-Item 39 from Agenda Item 6 was heard at this time. See item for action taken. UNFINISHED BUSINESS 29. 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. Pending final inspections per Building Services. 30. 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. 31. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Mint Casino 3, 3607 East 10th Street. 32. 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. Pending final inspections per Building Services. 33. 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. 34. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Mint Casino 4, 3609 East 10th Street. 35. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Gilibertos 10th Street LLC, 3603 East 10th Street (CUP not required). 36. 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). 37. 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). 38. New 2021-22 Retail Malt Beverage/SD Farm Wine License for El Paraguas Group LLC, 421 North Phillips Avenue, Suite 119 (CUP not required). 39. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Westwinds Casino Inc., 4609 West Homefield Drive, Suite 102 (CUP not required). Pending final inspections per Building Services. 40. 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. 41. New 2022 Retail Wine & Cider License for DDK LLC, JJ’s Billiards, 309 South Elmwood Avenue (CUP not required). 42. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve Agenda Items 29 through 49. Roll call vote to approve. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 50. 2nd 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). Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Brekke to adopt Ordinance No. 48-22. Roll call vote to adopt. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Agenda Items 58 and 59 were heard at this time. See items for action taken. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY. Sponsors: Council Members Kiley and Soehl A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Ordinance No. 49-22. Roll call vote to adopt. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96: STREETS AND SIDEWALKS, BY ADDING SECTIONS 96.055 THROUGH 96.058. Recommendation: Set a date of 2nd Reading for Wednesday, May 4, 2022. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, May 4, 2022 for Item 52. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK. Recommendation: Set a date of 2nd Reading for Wednesday, May 4, 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 Wednesday, May 4, 2022 for Item 53. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 911 AND 913 W. 6TH ST. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15824 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 Wednesday, May 4, 2022. Private Applicant(s): Adam Asmus A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of 2nd Reading for Wednesday, May 4, 2022 for Item 54. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF INTERSTATE 90 AND WEST OF NORTH MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15881-2022, 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 Wednesday, May 4, 2022. Private Applicant(s): Great Hall Properties, LLC - Jonathan Casper A motion was made by Council Member Neitzert and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, May 4, 2022 for Item 55. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 32ND ST. AND EAST OF S. ELLIS RD. FROM THE POPUD PEDESTRIAN ORIENTED PUD DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR & C-3 COMMERCIAL— COMMUNITY DISTRICTS, NO. 16090-2022, 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 Wednesday, May 4, 2022. Private Applicant(s): Schmitz Kalda and Associates Inc. - Kim Buell A motion was made by Council Member Starr and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, May 4, 2022 for Item 56. Roll call vote to set a date of 2nd Reading. 5 Yes: Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. LINEDRIVE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 16113-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Wednesday, May 4, 2022. Private Applicant(s): Cynthia Kooistra A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Wednesday, May 4, 2022 for Item 57. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 58. A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. (Facilities Management; Fire; Police; Library; Public Works - Highways and Streets; Parks and Recreation; Entertainment Venues - Washington Pavilion) Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 38-22. Roll call vote to adopt. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 38-22 A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2022–2026 Capital Program shall be amended as follows: Facilities Management Amend the Capital Improvements Program by adding a project, Centralized Land Acquisition, in 2022. The estimated cost for opportune land acquisition is $1,000,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Fire Amend Capital Improvements Program Project No. 09017, Public Safety Training Center, by replacing American Rescue Plan Act funding of $2,500,000 with Sales/Use Tax Fund available fund balance in 2022. This will require an increase in appropriations of $2,500,000 from Sales/Use Tax Fund available fund balance, and the transfer of $2,500,000 in appropriation authority to Capital Improvements Program Project No. 14014, River Greenway Improvements. Amend the Other Capital Expenditures Program by adding funding to a wildland fire truck in 2022. The estimated cost escalation is $60,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend the Other Capital Expenditures Program by adding a wildland fire apparatus body in 2022. The estimated cost is $125,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Police Amend the Other Capital Expenditures Program by adding funding to two (2) animal control pickups in 2022. The estimated cost is $80,000 for cost escalation and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Library Amend the Other Capital Expenditures Program by adding funding to library materials in 2022. The estimated cost is $50,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Public Works-Highways and Streets Amend Capital Improvements Program Project No. 11018, ADA Improvements, by increasing the amount of funding for construction by $1,000,000 in 2022. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend Capital Improvements Program Project No. 11003, Major Street Reconstruction Program, by increasing the amount of funding for construction by $4,500,000 in 2022. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend the Other Capital Expenditures Program by adding radios in 2022. The additional cost is $500,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Parks and Recreation Amend Capital Improvements Program Project No. 14014, River Greenway Improvements, by increasing the amount of funding for construction by $2,500,000 in 2022. The appropriation authority of $2,500,000 is transferred from Capital Improvements Project No. 09017, Public Safety Training Center, funded from the American Rescue Plan Act. Amend Capital Improvements Program Project No. 14014, River Greenway Improvements to increase funding from the American Rescue Plan Act by $2,000,000 and decrease use of sales/use tax by $2,000,000, thereby increasing Sales/Use Tax fund available fund balance by $2,000,000. Amend Capital Improvements Program Project No. 14001, Falls Park Development/Jacobson Plaza, by increasing the amount of funding by $7,000,000 for construction in 2022. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance ($3,500,000), and contributions ($3,500,000). Amend Capital Improvements Program Project No. 14026, Zoo Master Plan Improvements, by increasing the amount of funding by $120,000 for construction of the sanitary sewer in 2022. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend Capital Improvements Program Project No. 14079, Greenway and Trail Improvements, by increasing the amount of funding by $150,000 for construction of bike trail in 2022. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend the Other Capital Expenditures Program by adding funding to two (2) tractors in 2022. The estimated cost escalation is $55,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend the Other Capital Expenditures Program by adding funding to a mower in 2022. The estimated cost escalation is $30,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Entertainment Venues—Washington Pavilion Amend Capital Improvements Program Project No. 13003, Washington Pavilion Building Improvements, by decreasing funding from American Rescue Plan Act by $2,400,000 that shall be funded alternatively by the Entertainment Tax Fund unassigned balance. Date adopted: 04/19/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 59. A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. (Health; Fleet; Public Works - Highways and Streets) Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 39-22. Roll call vote to adopt. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 39-22 A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2022–2026 Capital Program shall be amended as follows: Health Amend the Other Capital Expenditures Program by adding a medication dispensing system in 2022. The estimated cost is $115,000 and will require an increase in appropriations that will be funded with a grant. Fleet Amend the Other Capital Expenditures Program by moving a tractor dozer from 2023 to 2022. The estimated cost is $1,130,000 and will not require an increase in appropriations as it will be funded by user fees. Amend the Other Capital Expenditures Program by moving a landfill compactor from 2023 to 2022. The estimated cost is $1,120,000 and will not require an increase in appropriations as it will be funded by user fees. Public Works—Highways and Streets Amend Capital Improvements Program Project No. 11076, 41st Street Improvements, by increasing the amount of funding for construction for Water by $987,520 and Water Reclamation by $987,520 totaling $1,975,040 in 2022. The additional funding will not require an increase in appropriations as it will be funded in the enterprise funds by a contribution from the South Dakota Department of Transportation. Date adopted: 04/19/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about City actions and decison-making around his neighborhood. Sierra Broussard spoke in support of Chester Deyoung's comments. David Zokaites spoke about participatory government. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Brekke to adjourn at 7:08 p.m. Voice vote to adjourn. 6 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, April 19, 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  Pat Dupert, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Wednesday, April 13, 2022  City Council Meeting of Wednesday, April 13, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 15, 2022. 7. Notice of change orders on the memorandum dated April 15, 2022. 8. Sioux Area Metro Report of Requests for Quotes for Fuel dated: April 5, 2022; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil #1 Clear Diesel ($4.2584) and #2 Clear Diesel ($4.1634); Harms Oil, Parkland USA/SPF Energy /Farstad Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated April 6, 2022; Dyed Diesel (7,500 Gallons); Cole’s Petroleum ($3.7233); Harms Oil ($3.7494); Howes Oil and Olson Oil, both no bid. Bid awarded to: Coles Petroleum. 10. Report of Requests for Quotes for Fuel dated: April 8, 2022; Dyed Diesel (7,500 Gallons); Vollan Oil ($3.511); Harms Oil ($3.6297). Bid awarded to: Vollan Oil 11. Report of Requests for Quotes for Fuel dated: April 8, 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 $3.0714. 12. Report of Requests for Quotes for Fuel dated: April 11, 2022; Dyed Diesel (7,000 Gallons). Vollan Oil ($3.6000); Harms Oil ($3.1680). Bid awarded to: Vollan Oil 13. Approval of a request from Kelsey Walz to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on May 21, 2022, for the following purpose: wedding reception. APPLICATIONS 14. Special One-Day Liquor Licenses for Washington Pavilion Management Inc, 301 South Main Avenue, for special events on April 28, May 3-8 and 10, 2022. 15. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License, off-sale use only, for Juba International Market, 1512 East 10th Street. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 16. Parcel #27333, for 2021 property taxes in the amount of $424.84. Reason: Assessment Freeze for the Elderly and Disabled. 17. Parcel #92060, for 2021 property taxes in the amount of $3,862.79. Reason: Improvements on real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 18. Parcel #65193, for 2021 property taxes in the amount of $1,680.83. Reason: Assessment Freeze for the Elderly and Disabled. NOTICE OF HEARINGS 19. Set a date of hearing for Wednesday, May 4, 2022. New 2022 Retail Liquor License for Bacchus Holdings LLC, 101 North Minnesota Avenue, with Conditional Use Permit (CU-015979-2022) being approved on March 2, 2022. 20. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Package Liquor License from AD Association, Shop N Cart East, 4301 East 12th Street, to East Mercato LLC, East Mercato, 4401 East 10th Street (CUP not required). 21. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD Farm Wine License from Storm Clinic Prof LLC, Storm Clinic, 7600 South Minnesota Avenue, Suite 201, to Thalia Bar LLC, 7000 South Lyncrest Place (CUP not required). 22. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD Farm Wine License from Jacky’s Restaurant LLC, 702 East 8th Street, to T-Juanita Street Food and Cheladas LLC, 702 East 8th Street. 23. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Liquor License from DCK LLC, Club David, 214 West 10th Street, to Ballard Building Restaurant Co., Club David, 214 West 10th Street. 24. Set a date of hearing for Wednesday, May 4, 2022. Transfer of 2022 Retail Liquor License from VFW Service Men’s Club, 1700 West Russell Street, to Washington Pavilion Management Inc., 301 South Main Avenue. 25. Set a date of hearing for Wednesday, May 4, 2022. Special One Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on May 14 and 21, 2022. 26. Set a date of hearing for Wednesday, May 4, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for East Bank Block Parties on June 3, July 1 and August 5, 2022. 27. Set a date of hearing for Wednesday, May 4, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Saint Mary Catholic Church, 2109 South 5th Avenue, for a church social on June 22, 2022. REGULAR AGENDA 28. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 29. 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. Pending final inspections per Building Services. 30. 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. 31. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Mint Casino 3, 3607 East 10th Street. 32. 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. Pending final inspections per Building Services. 33. 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. 34. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Mint Casino 4, 3609 East 10th Street. 35. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Gilibertos 10th Street LLC, 3603 East 10th Street (CUP not required). 36. 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). 37. 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). 38. New 2021-22 Retail Malt Beverage/SD Farm Wine License for El Paraguas Group LLC, 421 North Phillips Avenue, Suite 119 (CUP not required). 39. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Westwinds Casino Inc., 4609 West Homefield Drive, Suite 102 (CUP not required). Pending final inspections per Building Services. 40. 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. 41. New 2022 Retail Wine & Cider License for DDK LLC, JJ’s Billiards, 309 South Elmwood Avenue (CUP not required). 42. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 50. 2nd 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). Sponsor: Mayor 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY. Sponsors: Council Members Kiley and Soehl ORDINANCE FIRST READINGS 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96: STREETS AND SIDEWALKS, BY ADDING SECTIONS 96.055 THROUGH 96.058. Recommendation: Set a date of 2nd Reading for Wednesday, May 4, 2022. Sponsor: Mayor 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK. Recommendation: Set a date of 2nd Reading for Wednesday, May 4, 2022. Sponsor: Mayor 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 911 AND 913 W. 6TH ST. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15824 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 Wednesday, May 4, 2022. Private Applicant(s): Adam Asmus 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF INTERSTATE 90 AND WEST OF NORTH MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 15881-2022, 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 Wednesday, May 4, 2022. Private Applicant(s): Great Hall Properties, LLC - Jonathan Casper 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 32ND ST. AND EAST OF S. ELLIS RD. FROM THE POPUD PEDESTRIAN ORIENTED PUD DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR & C-3 COMMERCIAL— COMMUNITY DISTRICTS, NO. 16090-2022, 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 Wednesday, May 4, 2022. Private Applicant(s): Schmitz Kalda and Associates Inc. - Kim Buell 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. LINEDRIVE AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 16113-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Wednesday, May 4, 2022. Private Applicant(s): Cynthia Kooistra HEARINGS AND RESOLUTIONS 58. A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. (Facilities Management; Fire; Police; Library; Public Works - Highways and Streets; Parks and Recreation; Entertainment Venues - Washington Pavilion) Sponsor: Mayor 59. A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. (Health; Fleet; Public Works - Highways and Streets) Sponsor: Mayor NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT The City Council Meeting scheduled for May 3, 2022 has been rescheduled to May 4, 2022. 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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