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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 4, 2022

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Minutes

MINUTES Regular City Council Meeting Wednesday, May 4, 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 Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: Council Member Christine M. Erickson, Council Member Alex Jensen 2. INVOCATION  Senior Pastor Rick Carlson, Prairie Hills Covenant Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 19, 2022  City Council Meeting of Tuesday, April 19, 2022  Informational Meeting of Tuesday, April 26, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 29, 2022. 7. Notice of change orders on the memorandum dated April 29, 2022. 8. Approval of surplus property disposition on the memorandum dated April 15, 2022. 9. Report of Requests for Quotes for Fuel dated: April 14, 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 $3.3199. 10. Report of Requests for Quotes for Fuel dated: April 18, 2022; Unleaded (6,000 Gallons). Vollan Oil ($3.3585); Howes Oil ($3.3610); and, Cole’s Petroleum ($3.3681). CHS, Inc., no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: April 22, 2022: Unleaded (5,500 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 $3.3967. APPLICATIONS 12. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at the Coliseum, 515 North Main Avenue, for a comedy show on May 7, 2022. 13. Special One-Day Liquor Licenses for T Slat Inc to be operated at the Levitt at the Falls, 504 North Phillips Avenue, on May 25 and June 2-4, 2022. 14. Various Retail Malt Beverage renewals for 2022-2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 15. Parcel #14242, for 2020 property taxes in the amount of $1,018.02. Reason: The property is exempt from the tax. 16. Parcel #14240, for 2020 property taxes in the amount of $1,449.50. Reason: The property is exempt from the tax. 17. Parcel #14244, for 2020 property taxes in the amount of $551.50. Reason: The property is exempt from the tax. 18. Parcel #79099, for 2021 property taxes in the amount of $606.39. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 19. Parcel #79099, for 2020 property taxes in the amount of $586.37. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 20. Parcel #79099, for 2019 property taxes in the amount of $563.89. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 21. Parcel #79099, for 2018 property taxes in the amount of $551.64. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 22. Parcel #79099, for 2017 property taxes in the amount of $542.33. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 23. Parcel #80513, for 2021 property taxes in the amount of $335.54. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 24. Parcel #80513, for 2020 property taxes in the amount of $338.09. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 25. Parcel #80513, for 2019 property taxes in the amount of $333.84. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 26. Parcel #51023, for 2021 property taxes in the amount of $1,388.82. Reason: Assessment Freeze for the Elderly and Disabled. 27. Parcel #12431, for 2021 property taxes in the amount of $972.13. Reason: Assessment Freeze for the Elderly and Disabled. 28. Parcel #48978, for 2021 property taxes in the amount of $668.93. Reason: Assessment Freeze for the Elderly and Disabled. 29. Parcel #40770, for 2021 property taxes in the amount of $852.73. Reason: Assessment Freeze for the Elderly and Disabled. 30. Parcel #52564, for 2021 property taxes in the amount of $1.014.24. Reason: Assessment Freeze for the Elderly and Disabled. 31. Parcel #42487, for 2021 property taxes in the amount of $581.03. Reason: Assessment Freeze for the Elderly and Disabled. 32. Parcel #49520, for 2021 property taxes in the amount of $698.00. Reason: Assessment Freeze for the Elderly and Disabled. 33. Parcel #25301, for 2021 property taxes in the amount of $546.72. Reason: Assessment Freeze for the Elderly and Disabled. 34. Parcel #46597, for 2021 property taxes in the amount of $563.09. Reason: Assessment Freeze for the Elderly and Disabled. 35. Parcel #50623, for 2021 property taxes in the amount of $1,554.88. Reason: Assessment Freeze for the Elderly and Disabled. NOTICE OF HEARINGS 36. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises Inc., 5727-5729 East 41st Street (CUP not required). 37. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises Inc., 2705 West 12th Street (CUP not required). 38. Set a date of hearing for Tuesday, May 17, 2022. New 2022 Retail Wine & Cider License and New 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC LLC, Buffalo Casino, 5005 West 12th Street (CUP not required). 39. Set a date of hearing for Tuesday, May 17, 2022. Request to add video lottery terminals with the new 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC LLC, Buffalo Casino, 5005 West 12th Street. 40. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from Hinkkanen Design & DIY LLC, AR Workshop, 2101 West 41st Street, Suite 29B, to JTL LLC, AR Workshop, 2101 West 41st Street, Suite 29B. 41. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2022 Retail Liquor License from Sandtrap Inc., 811 South Marion Road, to Pancakes & More LLC, 2715 West 41st Street (CUP not required). 42. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for T Slat Inc. to be operated at 480 East 69th Street, for a wedding on May 21, 2022. 43. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 3400 South Southeastern Avenue, for a retirement party on May 27, 2022. 44. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 East 54th Street North, for a wedding on May 29, 2022. 45. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for Highball LLC to be operated at 401 East 8th Street parking lots for Sioux Falls Pride on June 18, 2022. 46. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 401 East 8th Street parking lots for Sioux Falls Pride on June 18, 2022. 47. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be operated at 401 East 8th Street west lot for 605 Summer Classic on June 25, 2022. 48. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for TNT Entertainment to be operated at 337 North Phillips Avenue for a concert on July 16, 2022. REGULAR AGENDA 49. 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. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. PETITIONS 50. CONDITIONAL USE PERMIT APPEAL (CU-016085): APPEAL OF CONDITIONAL USE PERMIT (CU-016085-2022) FOR A BILLBOARD LARGER THAN 288 SQ. FT. LOCATED AT 3503 S. PHILLIPS AVE. ALONG INTERSTATE-229. The Planning Commission recommends approval (6-0). Private Applicant(s): Pride Neon Inc. - Will Brzica A motion was made by Council Member Brekke and seconded by Council Member Kiley to approve Item 50 with the following condition: this approval shall include permission for the applicant to move the sign up to ten feet to the west. Roll call vote to approve. 5 Yes: Brekke, Kiley, Selberg, Soehl, Starr; 1 No: Neitzert. Motion Passed. UNFINISHED BUSINESS 51. 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. Pending final inspections per Fire, Health and Building Services. 52. 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). Pending final inspections per Building Services. 53. 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). Pending final inspections per Health and Building Services. 54. 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. Pending final inspections per Health. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Items 51 through 59. Roll call vote to approve. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 60. 2nd 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. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 50-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 61. 2nd 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. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Ordinance No. 51-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 62. 2nd 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). Private Applicant(s): Adam Asmus A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 52-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 63. 2nd 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). Private Applicant(s): Great Hall Properties, LLC - Jonathan Casper A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 53-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 64. 2nd 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). Private Applicant(s): Schmitz Kalda and Associates Inc. - Kim Buell A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 54-22. Roll call vote to adopt. 5 Yes: Brekke, Kiley, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 65. 2nd 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). Private Applicant(s): Cynthia Kooistra A motion was made by Council Member Soehl and seconded by Council Member Brekke to adopt Ordinance No. 55-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 66. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SIOUX FALLS DISTRIBUTION ADDITION (16096-2022). The Planning Commission recommends approval (5-0). Private Applicant(s): Great Hall Properties, LLC – Jonathan Casper A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Resolution No. 40-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 40-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SIOUX FALLS DISTRIBUTION ADDITION (16096-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Sioux Falls Distribution 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: 05/04/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 67. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 016192-2022—DECKER ADDITION). Private Applicant(s): Luke Decker A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 41-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 41-22 ANNEXATION 016192-2022—DECKER 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; 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 S. Torrey Pine Ln. 4. Sanitary sewer will need to be extended from the existing main in E. Torchwood Pl. 5. City water is available from E. Torchwood Pl. 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: Lot 1 (excluding 180') Eitreim’s Tract 1 S1/2 NE1/4 & N1/2 SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M., 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: 05/04/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 68. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2022. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Neitzert to adopt Resolution No. 42-22. Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 42-22 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2022. WHEREAS, the 2022 SculptureWalk program will bring a large number of sculptures to the central business district for outdoor display; and WHEREAS, the SculptureWalk program enhances the beauty and culture of the downtown area for all citizens and visitors to enjoy; and WHEREAS, 67 of the proposed sculptures will be placed on public right-of-way or other publicly owned property; and WHEREAS, the exhibition of public art in the central business district is recommended and encouraged by the City of Sioux Falls’ 2025 Downtown Plan and the 2014 adopted Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City; and WHEREAS, the SculptureWalk program represents a broad collaboration of individuals and entities, both public and private, including Downtown Sioux Falls, the Sioux Falls Arts Council, the Chamber of Commerce, and the City of Sioux Falls; and WHEREAS, various City department staff and the Sioux Falls Visual Arts Commission have reviewed the proposed 2022 sculptures and their placements and recommended approval to the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement in public right-of-way and other public property of 67 sculptures, as described by the following: SCULPTURES ARTISTS Rice Basket Arthur Nordby Girls Night Out Arthur Nordby Parent and Child Albert Rhea Carpe Carp Christine Knapp Twisted Pine Dale Lewis Junkyard Chameleon Dale Lewis Contradiction Serge Mozhnevsky Selene Nathan Pierce Cherry Sung-Hee Min Populus Deltoides Shawn Skabelund Prairie Tussocks Tim Adams Oxbow Tim Adams First Watch Jade Windell Once Around the Block Andrew Arvanetes Rude Awakening Jeff Satter Perfect Fit Jeff Satter beyond… Jeff Satter Harlequin David Skora Jakey Be Good Scott Schlag Subterranean Figure Will Vannerson Bravo Gary Hovey & Jim Perrine Rain Caller Wendy Myhre Within the Frame Erin Ward The Three Graces Ben Hammond Pose of Inspiration Clark Martinek Birds Eye View Clark Martinek High Fliers Craig Snyder Engulfed Osamede Obazee Bearin' Down. TR Chytka Miss Xu Long Hua Explorer Xu Long Hua Ancient Protocol Paul Russell Snowy Owl Denis Kleine Mourning Peter Vogelaar Point of Reference x 3 Tim Jorgensen Stalking Lion Eric Thorsen Ballerina Fountain Eric Thorsen Ammonite Eric Thorsen Hey Boomer Steve Bormes Winter Hibiscus Leaf Nathan Johansen Cherry Bark Bouquet Nathan Johansen Emerging for next year Nathan Johansen Buffalo Andrew Pudas Nimrod Alex Mendez Elk Travis Sorenson Idyll Luke Achterberg Span Nest Kyle Fokken Kirk Seese Alien Artifact Icosahedron Stuidos A Spring Celebration Gedion Nyanhongo Life Lessons Gedion Nyanhongo Song of Protectedness Gedion Nyanhongo Mummy Look at Me Gedion Nyanhongo Mindset Jason Richter Ancient Game Steven Maeck Red Reno Carollo Volteretta Shohini Ghosh WWI Sioux Code Talker Darwin Wolf The Calling Sondra Jonson Great Blue Heron Jon Kamrath Square Pegs in Round Hole Jon Kamrath Avenue Dream Catcher Mark Hall Abundance Mark Hall Day's Catch Bobbie Carlyle Beach Girls Bobbie Carlyle Endeavor Bobbie Carlyle Stealth Bobbie Carlyle Date adopted: 05/04/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 69. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED APRIL18, 2022. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Bob Kolbe spoke about leaked documents. Nick Anderson spoke about city employee salaries paid by taxpayers. Sierra Broussard spoke about corruption. David Zokaites spoke about the divine right. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Brekke to adjourn the meeting at 7:12 p.m. Voice vote to adjourn. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA Regular City Council Meeting Wednesday, May 4, 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 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 Council Member Curt Soehl Mayor Paul TenHaken 2. INVOCATION  Senior Pastor Rick Carlson, Prairie Hills Covenant Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 19, 2022  City Council Meeting of Tuesday, April 19, 2022  Informational Meeting of Tuesday, April 26, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 29, 2022. 7. Notice of change orders on the memorandum dated April 29, 2022. 8. Approval of surplus property disposition on the memorandum dated April 15, 2022. 9. Report of Requests for Quotes for Fuel dated: April 14, 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 $3.3199. 10. Report of Requests for Quotes for Fuel dated: April 18, 2022; Unleaded (6,000 Gallons). Vollan Oil ($3.3585); Howes Oil ($3.3610); and, Cole’s Petroleum ($3.3681). CHS, Inc., no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: April 22, 2022: Unleaded (5,500 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 $3.3967. APPLICATIONS 12. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at the Coliseum, 515 North Main Avenue, for a comedy show on May 7, 2022. 13. Special One-Day Liquor Licenses for T Slat Inc to be operated at the Levitt at the Falls, 504 North Phillips Avenue, on May 25 and June 2-4, 2022. 14. Various Retail Malt Beverage renewals for 2022-2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 15. Parcel #14242, for 2020 property taxes in the amount of $1,018.02. Reason: The property is exempt from the tax. 16. Parcel #14240, for 2020 property taxes in the amount of $1,449.50. Reason: The property is exempt from the tax. 17. Parcel #14244, for 2020 property taxes in the amount of $551.50. Reason: The property is exempt from the tax. 18. Parcel #79099, for 2021 property taxes in the amount of $606.39. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 19. Parcel #79099, for 2020 property taxes in the amount of $586.37. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 20. Parcel #79099, for 2019 property taxes in the amount of $563.89. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 21. Parcel #79099, for 2018 property taxes in the amount of $551.64. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 22. Parcel #79099, for 2017 property taxes in the amount of $542.33. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 23. Parcel #80513, for 2021 property taxes in the amount of $335.54. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 24. Parcel #80513, for 2020 property taxes in the amount of $338.09. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 25. Parcel #80513, for 2019 property taxes in the amount of $333.84. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 26. Parcel #51023, for 2021 property taxes in the amount of $1,388.82. Reason: Assessment Freeze for the Elderly and Disabled. 27. Parcel #12431, for 2021 property taxes in the amount of $972.13. Reason: Assessment Freeze for the Elderly and Disabled. 28. Parcel #48978, for 2021 property taxes in the amount of $668.93. Reason: Assessment Freeze for the Elderly and Disabled. 29. Parcel #40770, for 2021 property taxes in the amount of $852.73. Reason: Assessment Freeze for the Elderly and Disabled. 30. Parcel #52564, for 2021 property taxes in the amount of $1.014.24. Reason: Assessment Freeze for the Elderly and Disabled. 31. Parcel #42487, for 2021 property taxes in the amount of $581.03. Reason: Assessment Freeze for the Elderly and Disabled. 32. Parcel #49520, for 2021 property taxes in the amount of $698.00. Reason: Assessment Freeze for the Elderly and Disabled. 33. Parcel #25301, for 2021 property taxes in the amount of $546.72. Reason: Assessment Freeze for the Elderly and Disabled. 34. Parcel #46597, for 2021 property taxes in the amount of $563.09. Reason: Assessment Freeze for the Elderly and Disabled. 35. Parcel #50623, for 2021 property taxes in the amount of $1,554.88. Reason: Assessment Freeze for the Elderly and Disabled. NOTICE OF HEARINGS 36. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises Inc., 5727-5729 East 41st Street (CUP not required). 37. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises Inc., 2705 West 12th Street (CUP not required). 38. Set a date of hearing for Tuesday, May 17, 2022. New 2022 Retail Wine & Cider License and New 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC LLC, Buffalo Casino, 5005 West 12th Street (CUP not required). 39. Set a date of hearing for Tuesday, May 17, 2022. Request to add video lottery terminals with the new 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC LLC, Buffalo Casino, 5005 West 12th Street. 40. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from Hinkkanen Design & DIY LLC, AR Workshop, 2101 West 41st Street, Suite 29B, to JTL LLC, AR Workshop, 2101 West 41st Street, Suite 29B. 41. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2022 Retail Liquor License from Sandtrap Inc., 811 South Marion Road, to Pancakes & More LLC, 2715 West 41st Street (CUP not required). 42. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for T Slat Inc. to be operated at 480 East 69th Street, for a wedding on May 21, 2022. 43. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 3400 South Southeastern Avenue, for a retirement party on May 27, 2022. 44. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 East 54th Street North, for a wedding on May 29, 2022. 45. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for Highball LLC to be operated at 401 East 8th Street parking lots for Sioux Falls Pride on June 18, 2022. 46. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 401 East 8th Street parking lots for Sioux Falls Pride on June 18, 2022. 47. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be operated at 401 East 8th Street west lot for 605 Summer Classic on June 25, 2022. 48. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for TNT Entertainment to be operated at 337 North Phillips Avenue for a concert on July 16, 2022. REGULAR AGENDA 49. APPROVAL OF THE REGULAR AGENDA PETITIONS 50. CONDITIONAL USE PERMIT APPEAL (CU-016085): APPEAL OF CONDITIONAL USE PERMIT (CU-016085-2022) FOR A BILLBOARD LARGER THAN 288 SQ. FT. LOCATED AT 3503 S. PHILLIPS AVE. ALONG INTERSTATE-229. The Planning Commission recommends approval (6-0). Private Applicant(s): Pride Neon Inc. - Will Brzica UNFINISHED BUSINESS 51. 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. Pending final inspections per Fire, Health and Building Services. 52. 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). Pending final inspections per Building Services. 53. 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). Pending final inspections per Health and Building Services. 54. 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. Pending final inspections per Health. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 60. 2nd 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. Sponsor: Mayor 61. 2nd 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. Sponsor: Mayor 62. 2nd 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). Private Applicant(s): Adam Asmus 63. 2nd 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). Private Applicant(s): Great Hall Properties, LLC - Jonathan Casper 64. 2nd 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). Private Applicant(s): Schmitz Kalda and Associates Inc. - Kim Buell 65. 2nd 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). Private Applicant(s): Cynthia Kooistra HEARINGS AND RESOLUTIONS 66. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SIOUX FALLS DISTRIBUTION ADDITION (16096-2022). The Planning Commission recommends approval (5-0). Private Applicant(s): Great Hall Properties, LLC – Jonathan Casper 67. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 016192-2022—DECKER ADDITION). Private Applicant(s): Luke Decker 68. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2022. Sponsor: Mayor REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 69. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED APRIL18, 2022. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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