City Council Meeting

MINUTES Regular City Council Meeting Tuesday, June 7, 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 Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Mayor Paul TenHaken Absent: None 2. INVOCATION  Erica Varcoe, Pastor, The Table Ministry 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. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 17, 2022  City Council Meeting of Tuesday, May 17, 2022  Informational Meeting of Tuesday, May 24, 2022  Joint City Council / Lincoln County Commission Meeting of Tuesday, May 24, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 3, 2022. 7. Notice of change orders on the memorandum dated June 3, 2022. 8. Report of Requests for Quotes for Fuel dated: May 13, 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 $3.5772. 9. Report of Requests for Quotes for Fuel dated May 13, 2022: Diesel (15,000 Gallons). Vollan Oil (Diesel $4.2424); Harms Oil, no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: May 19, 2022: Unleaded (3,000 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 $3.531. 11. Report of Requests for Quotes for Fuel dated May 19, 2022: Diesel (7,500 Gallons). Vollan Oil (Diesel $3.9858); Harms Oil (Diesel $3.9781). Bid awarded to: Harms Oil. 12. Report of Requests for Quotes for Fuel dated: May 20, 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 $3.6499. 13. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: May 24, 2022: 7,500 Gallons of #2 Clear Diesel; Howes Oil #2 Clear Diesel ($4.1170); Harms Oil, Parkland USA/SPF Energy /Farstad Oil, CHS, Petroleum Traders, Inc. and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 14. Report of Requests for Quotes for Fuel dated: May 26, 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 $3.7088. 15. Report of Requests for Quotes for Fuel dated: May 27, 2022: Unleaded (5,000 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 $3.7745. 16. Report of Requests for Quotes for Fuel dated May 27, 2022: Diesel (3,000 Gallons). Vollan Oil (Diesel $4.1758); Harms Oil, no bid. Bid awarded to: Vollan Oil. APPLICATIONS 17. Special One-Day Malt Beverage License for Severance Beer LLC to be operated at Cherry Rock Park, 1800 East 18th Street, for a fundraiser on June 25, 2022. 18. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at the Multi-Cultural Center, 515 North Main Avenue, for a comedy show on July 9, 2022. 19. Various Retail Malt Beverage renewals for 2022-2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 20. Parcel #51306, for 2021 property taxes in the amount of $893.44. Reason: The property is exempt from the tax. 21. Parcel #35436, for 2021 property taxes in the amount of $98.15. Reason: The property is exempt from the tax. 22. Parcel #35437, for 2021 property taxes in the amount of $61.40. Reason: The property is exempt from the tax. 23. Parcel #64981, for 2021 property taxes in the amount of $3,430.80. Reason: The property is exempt from the tax. 24. Parcel #64981, for 2021 property taxes in the amount of $1,304.28. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 25. Set a date of hearing for Tuesday, June 21, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Black LLC, Escapades, 3313 South Western Avenue (CUP not required). 26. Set a date of hearing for Tuesday, June 21, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 101 (CUP not required). 27. Set a date of hearing for Tuesday, June 21, 2022. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 101. 28. Set a date of hearing for Tuesday, June 21, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc, High Roller Casino II, 4101 West 57th Street, Suite 102 (CUP not required). 29. Set a date of hearing for Tuesday, June 21, 2022. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 102. 30. Set a date of hearing for Tuesday, June 21, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc, High Roller Casino II, 4101 West 57th Street, Suite 103 (CUP not required). 31. Set a date of hearing for Tuesday, June 21, 2022. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 103. 32. Set a date of hearing for Tuesday, June 21, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc, High Roller Casino II, 4101 West 57th Street, Suite 104 (CUP not required). 33. Set a date of hearing for Tuesday, June 21, 2022. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 104. 34. Set a date of hearing for Tuesday, June 21, 2022. New 2022-23 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 31, 2505 West Russell Street (CUP not required; addition to existing license). 35. Set a date of hearing for Tuesday, June 21, 2022. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for MG Oil, Corner Pantry 31, 2505 West Russell Street. 36. Set a date of hearing for Tuesday, June 21, 2022. Transfer of 2022 Retail Liquor License, including video lottery terminals, from SRS Inc., Poppadox Pub, 2808 South Minnesota Avenue, to Access Entertainment Group LLC, 2808 South Minnesota Avenue. 37. Set a date of hearing for Tuesday, June 21, 2022. Transfer of 2022 Retail Liquor License, including video lottery terminals, from Smokehouse Partners Inc., Cody’s Smokehouse, 6401 South Louise Avenue, to KTC SF LLC, 6401 South Louise Avenue. 38. Set a date of hearing for Tuesday, June 21, 2022. Transfer of 2022 Retail Wine & Cider License and Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License from Martha Feye, Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue, to Genet Laeke & Roza Gsinassie, Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue. 39. Set a date of hearing for Tuesday, June 21, 2022. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue. 40. Set a date of hearing for Tuesday, June 21, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Holy Spirit Church, 3601 East Dudley Lane, for a church event on July 9, 2022. 41. Set a date of hearing for Tuesday, June 21, 2022. Special One-Day Liquor Licenses for Philanthropy Promotions Inc., to be operated at J&L Harley Davidson, 2601 West 60th Street North, for a fundraiser on July 15 & 16, 2022. 42. Set a date of hearing for Tuesday, June 21, 2022. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at Great Plain Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a fundraiser on July 28, 2022. 43. Set a date of hearing for Tuesday, June 21, 2022. Special One-Day Liquor License for Catholic Community Foundation for Eastern South Dakota to be operated at Avera IT, 212 East 11th Street, for a fundraiser on August 6, 2022. 44. Set a date of hearing for Tuesday, June 21, 2022. Special One-Day Liquor Licenses for Great Bear Management Inc, 5901 East Rice Street, for weddings on July 29, 30, August 27, September 24, October 1, 8, 15 and November 5, 2022. REGULAR AGENDA 45. 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 the Regular Agenda by moving Item 77 before Item 46. Roll call vote to amend. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. Item 77 was heard at this time. See item for action taken. UNFINISHED BUSINESS 46. New 2022 Retail Wine & Cider License, off-sale use only, for Casey’s Retail Company, 5810 East 26th Street (CUP not required). 47. New 2022 Retail Wine & Cider License, off-sale use only, for Casey’s Retail Company, 4001 West 57th Street (CUP not required). 48. New 2022 Retail Wine & Cider License, off-sale use only, for Casey’s Retail Company, 8400 West 26th Street (CUP not required). 49. Transfer of 2022 Retail Liquor License from Main & Main, Springhill Suites, 4304 West Empire Place, to Trifecta Holdings, Inc., Crown Casino Ellis 3, 2920 South Ellis Road. 50. Transfer of 2022 Package Liquor License from Anuvic LLC, Food-N-Fuel, 2505 West Russell Street, to MG Oil Company, Corner Pantry 31, 2505 West Russell Street. 51. Transfer of 2022 Retail Wine & Cider License and Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Golden Coin Casino Inc, 2505 West Russell Street, Suite 101, to MG Oil Company, Jokerz Casino 31, 2505 West Russell Street, Suite 101. 52. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License from Black Events & Advertising, Escapades, 3509 South Norton Avenue, to Black LLC, Escapades, 3509 South Norton Avenue. 53. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Hungry’s Restaurants Inc., 3850 North Cliff Avenue, to Sky Dine Inc., 3850 North Cliff Avenue. 54. Request to add video lottery terminals with the 2022 Retail Liquor License for Shenanigans Pub Inc, 1903 South Ellis Road. 55. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT Parking Lot, 212 East 11th Street and Fawick Park, 200 South 2nd Avenue and on South Second Avenue between East 10th Street and South Third Avenue, for German Fest on September 10, 2022. 56. Special One-Day Malt Beverage License for Covert Artisan Ales to be operated at 401 East 8th Street parking lots, for Sioux Falls Pride on June 18, 2022. A motion was made by Council Member Jensen and seconded by Council Member Neitzert to approve Items 46 through 56. Roll call vote to approve. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 57. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE AG AGRICULTURE AND C-4 COMMERCIAL—REGIONAL TO THE RA-1 APARTMENT RESIDENTIAL—LOW-DENSITY AND C-4 COMMERCIAL—REGIONAL DISTRICTS, NO. 16121-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Akerson Properties – H. A. Akerson A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 57-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 58. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 623 E. 21ST ST. FROM THE RS SINGLE-FAMILY  RESIDENTIAL—SUBURBAN DISTRICT TO THE RHP SINGLE-FAMILY RESIDENTIAL—HISTORIC PRESERVATION DISTRICT, NO. 16166-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Kyle Hilsabeck A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Ordinance No. 58-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 59. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1903 AND 1909 E. TRACY LN. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 16217-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): G & D Harr Construction LLC - Gary Harr A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 59-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 60. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 60TH ST. N. AND EAST OF N. CAREER AVE. FROM THE I-1 LIGHT INDUSTRIAL AND I-2 HEAVY INDUSTRIAL DISTRICTS TO THE CN CONSERVATION, I-1 LIGHT INDUSTRIAL, AND I-2 HEAVY INDUSTRIAL DISTRICTS, NO. 16227-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): SEH Inc. – Kari Franklin A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 60-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 61. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1001 AND 1003 N. MINNESOTA AVE. FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 16248-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc. – Pat Schwebach A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 61-22.  Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 62. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND EAST OF N. LA MESA DR. FROM THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 RESIDENTIAL— SUBURBAN TOWNHOME, AND LW LIVE/WORK DISTRICTS TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, AND RD-2 RESIDENTIAL— SUBURBAN TOWNHOME, AND LW LIVE/WORK DISTRICTS, NO. 16297-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): DGR Engineering – Jesse Morris A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 62-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 63. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1801 N. MARION RD. FROM THE LW LIVE/WORK DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 16303-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Lloyd Companies - Luke Jessen A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 63-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 64. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. MADISON ST. AND EAST OF VETERANS PKWY. FROM THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 RESIDENTIAL—SUBURBAN TOWNHOME, RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY, LW LIVE/WORK, AND C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 RESIDENTIAL—SUBURBAN TOWNHOME, RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY, LW LIVE/WORK, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND I-1 LIGHT INDUSTRIAL DISTRICTS, NO. 16304-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Nielson Development LLC – Kelly Nielson  A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Ordinance No. 64-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 65. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “TOMAR PARK TENNIS COMPLEX NAMING AGREEMENT” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS TENNIS ASSOCIATION. Recommendation: Set a date of 2nd Reading for Tuesday, June 14, 2022. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, June 14, 2022 for Item 65. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 66. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING CERTAIN REAL PROPERTY BY QUIT CLAIM DEED TO THE STATE OF SOUTH DAKOTA PURSUANT TO SDCL 6-5-5 AND 9-12-5. Recommendation: Set a date of 2nd Reading for Tuesday, June 14, 2022. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, June 14, 2022 for Item 66. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 67. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTIONS 111.012 and 111.015 IN CHAPTER 111: ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF SAID CITY. Recommendation: Set a date of 2nd Reading for Tuesday, June 14, 2022. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 14, 2022 for Item 67. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. 68. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 121: MEDICAL CANNABIS REGULATIONS. Recommendation: Set a date of 2nd Reading for Tuesday, June 14, 2022. Sponsor: Mayor  A motion was made by Council Member Jensen and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, June 14, 2022 for Item 68. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 69. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 56-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 56-22 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2023. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 70. A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 59-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 59-22 A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. WHEREAS, the Planning Commission has proposed a plan for the physical development of the municipality and including areas outside the boundary and within its planning jurisdiction; and WHEREAS, the Planning Commission held a public hearing on May 4, 2022, to gain input from the public; and WHEREAS, the City Council held a public hearing on June 7, 2022, to gain input from the public; and WHEREAS, the comprehensive plan shows the Planning Commission’s recommendations of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Map 2.A: Development Areas of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.B: Sanitary Availability of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.C: Water and Roads of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.D: Public Facilities and Proposed Drainage Basins of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. Said plan shall be on file and is available for public inspection by any interested person in the office of the City Clerk, the City Planning Office, and the City website. The City shall publish the resolution, without attachment, after its passage. Date adopted: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 71. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 016521- 2022—WILLOW RIDGE ADDITION. Private Applicant(s): Mayor VanBuskirk Companies A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 60-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 60-22 ANNEXATION 016521-2022—WILLOW RIDGE ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. 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 N. Willow Creek Ave. 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: Tract 5 and 6 of Willow Ridge Addition in the NW1/4 of Section 17, Township 101 North, Range 49 West of the 5th P.M. including adjacent E. Madison Street right-of- way; 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: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 72. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015896-2022—INTERSTATE CROSSINGS ADDITION. Private Applicant(s): Mayor Interstate Crossings, LLC A motion was made by Council Member Cole and seconded by Council Member Soehl to adopt Resolution No. 61-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 61-22 ANNEXATION 015896-2022—INTERSTATE CROSSINGS 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 72nd St. N. 4. Sanitary sewer will need to be extended from the existing main at applicant’s cost. 5. City water is available from 67th St. N. and Robur Dr. 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:  Tract 1 of Interstate Crossings Addition in the E1/2 of Section 27, Township 102 North, Range 49 West of the 5th P.M. including adjacent East 72nd Street North right-of- way; 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: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 73. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS 2ND ADDITION (16298-2022). Private Applicant(s): DGR Engineering – Jesse Morris A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 62-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 62-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS 2ND ADDITION (16298-2022). . BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Jefferson Heights 2nd 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: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 74. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF AKERSON'S ADDITION (15973-2022). Private Applicant(s): Sayre Associates Inc. – Paul Korn A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 63-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 63-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF AKERSON’S ADDITION (15973-2022). . BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Akerson’s Addition to the City of Sioux Falls, Lincoln 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: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 75. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WEST SIDE ESTATES ADDITION (15907-2022). Private Applicant(s): Norman Engineering – Aaron Norman A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 64-22. Roll call vote to adopt. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 64-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WEST SIDE ESTATES ADDITION (15907-2022). . BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of West Side Estates 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: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 76. A RESOLUTION AUTHORIZING A TASK FORCE TO STUDY AND RECOMMEND POLICIES THAT WILL REDUCE HOMELESSNESS OVER A TEN YEAR PERIOD. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Neitzert and seconded by Council Member Cole to defer Item 76 to the City Council Meeting on Tuesday, June 14, 2022. Roll call vote to defer. 2 Yes: Neitzert, Cole; 6 No: Merkouris, Selberg, Soehl, Starr, Barranco, Jensen. Motion Failed.  A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adopt Resolution No. 65-22. Roll call vote to adopt. 7 Yes: Merkouris, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 1 No: Neitzert. Motion Passed. RESOLUTION NO. 65-22 A RESOLUTION AUTHORIZING A TASK FORCE TO STUDY AND RECOMMEND POLICIES THAT WILL REDUCE HOMELESSNESS OVER A TEN-YEAR PERIOD. WHEREAS, homelessness is a complex social problem with a variety of underlying economic and social factors such as poverty, lack of affordable housing, physical and mental health disorder, drug and alcohol addiction, and family breakdown; and WHEREAS, the U.S. Department of Housing and Urban Development’s Point-in-Time Homeless Count in January 2022 found 407 homeless in Sioux Falls including 44 children under 18 years of age; and WHEREAS, the City has adopted innovative strategies to assist the homeless including Falls Community Health who provides healthcare to homeless individuals, and the Veterans Community Project’s Tiny Home Village for homeless veterans; and WHEREAS, the City benefits from an effective and compassionate nonprofit community who serve homeless men, women, and children; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1: That a task force is hereby established in order to study homelessness within the City of Sioux Falls, and make recommendations for policies to reduce said homelessness over the next ten-year period. Section 2: That the Mayor is hereby authorized to appoint up to four members to the task force and the City Council Chair and Vice Chair are hereby authorized to appoint all additional members to the task force. Section 3. The task force shall meet no less than monthly and shall study and recommend policies that reduce homelessness within the City of Sioux Falls over a ten-year period. Section 4: The task force shall approve and deliver final recommendations to the Mayor and City Council on or before Tuesday, December 13, 2022. Date adopted: 06/07/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS  77. A MOTION TO PROVIDE ADVICE AND CONSENT TO THE MAYOR'S APPOINTMENT OF CITY DIRECTORS INCLUDING: CHARLES CHIMA, PUBLIC HEALTH DIRECTOR; MARK COTTER, DIRECTOR OF PUBLIC WORKS; JEFF ECKHOFF, DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES; JODI FICK, DIRECTOR OF SIOUXLAND LIBRARIES; MICHAEL GRIGSBY, DIRECTOR OF INNOVATION AND TECHNOLOGY; DON KEARNEY, DIRECTOR OF PARKS AND RECREATION; STACY KOOISTRA, CITY ATTORNEY; MATT MCAREAVEY, FIRE CHIEF; BILL O'TOOLE, DIRECTOR OF HUMAN RESOURCES; SHAWN PRITCHETT, DIRECTOR OF FINANCE; AND JONATHAN THUM, POLICE CHIEF. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Item 77. Roll call vote to approve. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Robert Kolbe spoke about various political groups and activities in Sioux Falls. Todd Winston spoke about the traffic lights in Sioux Falls. David Zokaites spoke about prayer. Sierra Broussard spoke about the case loads in the Police Department. Gail Swenson spoke about overhead power lines in older neighborhoods in Sioux Falls. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn the meeting at 8:03 p.m. Voice vote to adjourn. 8 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk