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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 16, 2023

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Minutes

MINUTES City Council Meeting Tuesday, May 16, 2023, 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 David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg Absent: Mayor Paul TenHaken 2. INVOCATION  Pastor Jonathan Vehar, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Neitzert to place the following item from Agenda Item 9 (Exhibit C) on the Regular Agenda for Council discussion: La Tapatia Mexican Store, LLC, 615 W. 11th St. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 9, 2023  City Council Meeting of Tuesday, May 9, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 12, 2023. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Jasmine Pina to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on May 21, 2023. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 504 North Phillips Avenue for concerts on June 8, 9, 10, 15, 16 & 17, 2023. 9. Various Retail Malt Beverage renewals for 2023-2024 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. A motion was made by Council Member Neitzert and seconded by Council Member Starr to approve the following item from Exhibit C: La Tapatia Mexican Store, LLC, 615 W. 11th St. Roll call vote to approve. 1 Yes: Soehl; 7 No: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg. Motion Failed. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #40082, for 2022 property taxes in the amount of $956.33. Reason: The property is exempt from the tax. 11. Parcel #29385, for 2022 property taxes in the amount of $545.36. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #32187, for 2022 property taxes in the amount of $2,163.91. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #37187, for 2022 property taxes in the amount of $723.28. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #37205, for 2020 property taxes in the amount of $2,251.65. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #37205, for 2021 property taxes in the amount of $2,223.34. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #37205, for 2022 property taxes in the amount of $2,163.99. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #37713, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #38282, for 2022 property taxes in the amount of $545.49. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #38385, for 2022 property taxes in the amount of $1,630.38. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 20. Parcel #43291, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 21. Parcel #45510, for 2020 property taxes in the amount of $2,251.65. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 22. Parcel #45510, for 2021 property taxes in the amount of $2,223.35. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #45510, for 2022 property taxes in the amount of $2,164.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 24. Parcel #46682, for 2022 property taxes in the amount of $2,163.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #46911, for 2022 property taxes in the amount of $1,101.79. Reason: Assessment Freeze for the Elderly and Disabled. 26. Parcel #53805, for 2022 property taxes in the amount of $4,922.86. Reason: The property is exempt from the tax. 27. Parcel #59958, for 2022 property taxes in the amount of $2,163.98. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 28. Parcel #61301, for 2022 property taxes in the amount of $183.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 29. Parcel #61812, for 2022 property taxes in the amount of $5,290.94. Reason: The property is exempt from the tax. 30. Parcel #63437, for 2022 property taxes in the amount of $2,163.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 31. Parcel #65187, for 2022 property taxes in the amount of $1,268.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 32. Parcel #69439, for 2022 property taxes in the amount of $1,980.19. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 33. Parcel #69549, for 2022 property taxes in the amount of $907.14. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 34. Parcel #71217, for 2022 property taxes in the amount of $2,163.97. Reason: Surviving spouse receiving dependency and indemnity compensation. 35. Parcel #73164, for 2022 property taxes in the amount of $183.90. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 36. Parcel #76098, for 2022 property taxes in the amount of $2,164.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 37. Parcel #77909, for 2022 property taxes in the amount of $907.04. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 38. Parcel #79331, for 2022 property taxes in the amount of $2,164.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 39. Parcel #79909, for 2022 property taxes in the amount of $1,057.80. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 40. Parcel #80223, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 41. Parcel #82136, for 2022 property taxes in the amount of $2,163.96. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 42. Parcel #85362, for 2022 property taxes in the amount of $550.75. Reason: Spouse receiving dependency and indemnity compensation. 43. Parcel #85648, for 2022 property taxes in the amount of $2,164.02. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 44. Parcel #91611, for 2022 property taxes in the amount of $915.87. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 45. Parcel #92320, for 2021 property taxes in the amount of $2,788.17. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 46. Set a date of hearing for Tuesday, June 6, 2023. New 2023 Retail Wine License for The Dive, 1612 South Western Avenue. 47. Set a date of hearing for Tuesday, June 6, 2023. New 2023-24 Retail Malt Beverage License for Cooks & Bakers Kitchen, 5906 East 18th Street. 48. Set a date of hearing for Tuesday, June 6, 2023. New 2023-24 Retail Malt Beverage License for Comfort Inn & Suites, 3900 North Brandon Lane. 49. Set a date of hearing for Tuesday, June 6, 2023. New 2023-24 Retail Malt Beverage License for Chef Jeni & Company, 3638 South Southeastern Avenue. 50. Set a date of hearing for Tuesday, June 6, 2023. Transfer of 2023 Retail Liquor License from MG Oil, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102, to Triple J Inc, Alibi 2, 7400 East Oak Grove Trail. 51. Set a date of hearing for Tuesday, June 6, 2023. Transfers of 2023 Retail Wine License and 2023 Package Liquor License and 2022-23 Retail Malt Beverage License from Main & Main LLC, Springhill Suites, 4304 West Empire Place, to EMS Hospitality LLC, Springhill Suites, 4304 West Empire Place. 52. Set a date of hearing for Tuesday, June 6, 2023. Renewal of 2023-24 Retail Malt Beverage License for Springhill Suites, 4304 West Empire Place. 53. Set a date of hearing for Tuesday, June 6, 2023. Transfers of 2023 Retail Wine License and 2022-23 Retail Malt Beverage License from Main & Main LLC, Courtyard by Marriott, 4300 West Empire Place, to EMC Hospitality LLC, Courtyard by Marriott, 4300 West Empire Place. 54. Set a date of hearing for Tuesday, June 6, 2023. Renewal of 2023-24 Retail Malt Beverage License for Courtyard by Marriott, 4300 West Empire Place. 55. Set a date of hearing for Tuesday, June 6, 2023. Transfer of 2023 Retail Liquor License from Main & Main LLC, Hilton Garden Inn, 5300 South Grand Circle, to SFH Hospitality LLC, Hilton Garden Inn, 5300 South Grand Circle. 56. Set a date of hearing for Tuesday, June 6, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Saint Mary Catholic Church, 2109 South 5th Avenue, for a parking lot block party on June 25, 2023. 57. Set a date of hearing for Tuesday, June 6, 2023. Special One-Day Liquor License for JS Entertainment to be operated at 301 South Thompson Avenue, for a special event on July 14, 2023. 58. Set a date of hearing for Tuesday, June 6, 2023. Various Retail Malt Beverage renewals for 2023-2024 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. REGULAR AGENDA 59. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Cole to amend by placing Item 83 after Item 80. Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Agenda Item 9 (Exhibit C), La Tapatia Mexican Store LLC, 615 W. 11th St., was heard at this time. See Item 9 for action taken. UNFINISHED BUSINESS 60. New 2023 Retail Wine License for Stubbies Bar & Grill, 5024 South Cliff Avenue. 61. New 2023 Retail Wine License for Simons Tacos, 3500 South Louise Avenue. 62. New 2023 Retail Wine License for Connexions South, 6801 South Louise Avenue. 63. New 2023 Retail Wine License and New 2023-23 Retail Malt Beverage License for The Cattitude Café, 225 East 11th Street, Suite 100. 64. Transfer of 2023 Retail Liquor License from Overtime Inc., Overtime Bar & Grill, 4529 East 26th Street, to Eide Café, Inc., Overtime Bar & Grill, 4529 East 26th Street. 65. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from JS Entertainment Inc., Upper Cut Casino, 2819 East 10th Street, Suite 101, to Woody’s Holdings Inc., Woody’s Silver Dollar, 900 South Marion Road, Suite 104. 66. Renewal of 2023-24 Retail Malt Beverage License for Woody’s Silver Dollar, 900 South Marion Road, Suite 104. 67. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Happy Jacks Sioux Falls, 1915 West 12th Street, to MG Oil Company, 777 Casino East, 3601 South Minnesota Avenue. 68. Renewal of 2023-24 Retail Malt Beverage License for 777 Casino East, 3601 South Minnesota Avenue. 69. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Jokerz Casino Too, 2401 West 12th Street, to MG Oil Company, 777 Casino East 2, 3601 South Minnesota Avenue, Suite B. 70. Renewal of 2023-24 Retail Malt Beverage License for 777 Casino East 2, 3601 South Minnesota Avenue, Suite B. 71. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Lucky Strike Casino, 1033 North Minnesota Avenue, to MG Oil Company, 777 Casino East 3, 3601 South Minnesota Avenue, Suite C. 72. Renewal of 2023-24 Retail Malt Beverage License for 777 Casino East 3, 3601 South Minnesota Avenue, Suite C. 73. Transfer of 2023 Retail Wine License and Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from Access Entertainment Group LLC, Spade Connexions, 8509 West 26th Street, Suite 1, to Connexions South 2, 6801 South Louise Avenue, Suite 2. 74. Renewal of 2023-24 Retail Malt Beverage License for Connexions South 2, 6801 South Louise Avenue, Suite 2. 75. Special One-Day Liquor License for TNT Entertainment to be operated at 337 North Phillips Avenue parking lot, for an outdoor concert on July 8, 2023. 76. Special One-Day Liquor Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for block parties on June 2, July 7, and August 4, 2023. 77. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at 601 South Minnesota Avenue, for a mixer on May 18, 2023. 78. Special One-Day Liquor License for T Slat Inc., to be operated at Cascades 605 Lounge (second floor), 701 North Phillips Avenue, for a fundraiser on May 19, 2023. 79. Special One-Day Liquor License for Great Bear Management Inc., 5901 East Rice Street, for events on July 21, August 19, September 8, 16 and October 28, 2023. A motion was made by Council Member Jensen and seconded by Council Member Neitzert to approve Items 60 through 79. A motion was made by Council Member Jensen and seconded by Council Member Barranco to amend Item 63 by changing New 2023-23 to New 2023-24 and amending Item 78 by changing the date of May 19, 2023 to June 22, 2023. Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 80. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Ordinance No. 34-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Item 83 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 81. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1501 E. 12TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17934-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): South Eastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Cole and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, June 6, 2023 for Item 81. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 82. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND WEST OF N. VALLEY VIEW RD. FROM THE REC RECREATION DISTRICT TO THE S-1 GENERAL INSTITUTIONAL AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 17935-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Sioux Falls School District – Jeff Kreiter; Sayre Associates - Paul Korn A motion was made by Council Member Neitzert and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, June 6, 2023 for Item 82. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 83. A RESOLUTION AMENDING THE 2023-2027 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 44-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 44-23 A RESOLUTION AMENDING THE 2023-2027 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2023–2027 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvement Program Project No. 14082, Community/Regional Park Improvements, by adding funding in 2023. The estimated cost for construction of a mini-pitch court at Terrace Park is $100,000 and will require an increase in appropriations that will be funded by a donation through the Sioux Falls Area Community Foundation. Entertainment Venues—Orpheum Theatre Amend the Other Capital Expenditures Program (OCEP) by adding theatrical lighting in 2023. The estimated cost is $230,670 and will not require an increase in appropriations as it will be funded by canceling OCEP 1321—Washington Pavilion Ticketing System. Date adopted: 05/16/23 . Erica L. Beck for_____ Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 84. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON W. 86TH ST. Private Applicant(s): Cresten Capital Holdings A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 45-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 45-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON W. 86TH ST. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That City Engineers have determined that diagonal parking should be permitted on the south side of W. 86th St. from S. Dakota Hawk Ave. to the west for 300′, and such diagonal parking is hereby approved pursuant to Section 77.006 of the Code of Ordinances of Sioux Falls, SD. Date adopted: 05/16/23 . Erica L. Beck for_____ Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 85. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE WEST 348.48 FEET OF THE EAST 1900 FEET OF THE SOUTH 249.87 FEET OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Merkouris to withdraw Item 85. Roll call vote to withdraw. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 86. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT THE WEST 348.48 FEET OF THE EAST 1,900 FEET OF THE SOUTH 249.87 FEET, AND EXCEPT PROFESSOR’S ADDITION. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to withdraw Item 86. Roll call vote to withdraw. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 87. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT PROFESSOR’S 2ND ADDITION PLATTED THEREIN, AND EXCEPT THE WEST 168.01 FEET OF THE EAST 336.02 FEET OF THE SOUTH 259.29 FEET THEREIN, AND EXCEPT THE WEST 208.71 FEET OF THE EAST 928.71 FEET OF THE SOUTH 241.7 FEET THEREIN. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to withdraw Item 87. Roll call vote to withdraw. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 88. ELECTION OF CITY COUNCIL CHAIR. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to nominate Council Member Marshall Selberg as the City Council Chair. Roll call vote to nominate. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 89. ELECTION OF CITY COUNCIL VICE CHAIR. A motion was made by Council Member Cole and seconded by Council Member Neitzert to nominate Council Member Rich Merkouris as City Council Vice Chair. Roll call vote to nominate. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 90. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE. A motion was made by Council Member Jensen and seconded by Council Member Cole to nominate Council Member David Barranco as the 4th member to the City Council Operations Committee. Roll call vote to nominate. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 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) 91. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 8, 2023. NEW BUSINESS Council Member Rich Merkouris noted this is Law Enforcement Appreciation Week and encouraged the public to express appreciation to Law Enforcement personnel. GENERAL PUBLIC INPUT Sierra Broussard spoke about Law Enforcement Appreciation Week and the workload of Police Officers. Chester Deyoung spoke about the reporting process for the departments of the City of Sioux Falls. Bill Webb spoke about the effects of climate change in the world and the city's Sustainability Plan. Rick Althoff spoke about the changes being made to Community Centers and how it will impact families. John Dewitts spoke about halfway houses in his neighborhood. Katrina Lehr-McKinney invited the Council to an All-Saints Neighborhood meeting on Monday, May 22nd from 6:00 p.m. to 8:00 p.m. with Kingdom Boundaries. She read comments from some of her neighbors about recent developments in the neighborhoods. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Selberg to adjourn the meeting at 7:22 p.m. Voice vote to adjourn. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, May 16, 2023, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Mayor Paul TenHaken 2. INVOCATION  Pastor Jonathan Vehar, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council with one vote. Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council member, an item may be removed from the consent agenda and placed on the regular agenda whenever that council member believes additional discussion on the item is necessary”. Items removed from the Consent Agenda are typically considered after Approval of the Regular Agenda. 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 9, 2023  City Council Meeting of Tuesday, May 9, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 12, 2023. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Jasmine Pina to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on May 21, 2023. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 504 North Phillips Avenue for concerts on June 8, 9, 10, 15, 16 & 17, 2023. 9. Various Retail Malt Beverage renewals for 2023-2024 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: 10. Parcel #40082, for 2022 property taxes in the amount of $956.33. Reason: The property is exempt from the tax. 11. Parcel #29385, for 2022 property taxes in the amount of $545.36. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #32187, for 2022 property taxes in the amount of $2,163.91. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #37187, for 2022 property taxes in the amount of $723.28. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #37205, for 2020 property taxes in the amount of $2,251.65. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #37205, for 2021 property taxes in the amount of $2,223.34. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #37205, for 2022 property taxes in the amount of $2,163.99. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #37713, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #38282, for 2022 property taxes in the amount of $545.49. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #38385, for 2022 property taxes in the amount of $1,630.38. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 20. Parcel #43291, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 21. Parcel #45510, for 2020 property taxes in the amount of $2,251.65. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 22. Parcel #45510, for 2021 property taxes in the amount of $2,223.35. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #45510, for 2022 property taxes in the amount of $2,164.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 24. Parcel #46682, for 2022 property taxes in the amount of $2,163.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #46911, for 2022 property taxes in the amount of $1,101.79. Reason: Assessment Freeze for the Elderly and Disabled. 26. Parcel #53805, for 2022 property taxes in the amount of $4,922.86. Reason: The property is exempt from the tax. 27. Parcel #59958, for 2022 property taxes in the amount of $2,163.98. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 28. Parcel #61301, for 2022 property taxes in the amount of $183.83. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 29. Parcel #61812, for 2022 property taxes in the amount of $5,290.94. Reason: The property is exempt from the tax. 30. Parcel #63437, for 2022 property taxes in the amount of $2,163.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 31. Parcel #65187, for 2022 property taxes in the amount of $1,268.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 32. Parcel #69439, for 2022 property taxes in the amount of $1,980.19. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 33. Parcel #69549, for 2022 property taxes in the amount of $907.14. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 34. Parcel #71217, for 2022 property taxes in the amount of $2,163.97. Reason: Surviving spouse receiving dependency and indemnity compensation. 35. Parcel #73164, for 2022 property taxes in the amount of $183.90. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 36. Parcel #76098, for 2022 property taxes in the amount of $2,164.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 37. Parcel #77909, for 2022 property taxes in the amount of $907.04. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 38. Parcel #79331, for 2022 property taxes in the amount of $2,164.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 39. Parcel #79909, for 2022 property taxes in the amount of $1,057.80. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 40. Parcel #80223, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 41. Parcel #82136, for 2022 property taxes in the amount of $2,163.96. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 42. Parcel #85362, for 2022 property taxes in the amount of $550.75. Reason: Spouse receiving dependency and indemnity compensation. 43. Parcel #85648, for 2022 property taxes in the amount of $2,164.02. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 44. Parcel #91611, for 2022 property taxes in the amount of $915.87. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 45. Parcel #92320, for 2021 property taxes in the amount of $2,788.17. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 46. Set a date of hearing for Tuesday, June 6, 2023. New 2023 Retail Wine License for The Dive, 1612 South Western Avenue. 47. Set a date of hearing for Tuesday, June 6, 2023. New 2023-24 Retail Malt Beverage License for Cooks & Bakers Kitchen, 5906 East 18th Street. 48. Set a date of hearing for Tuesday, June 6, 2023. New 2023-24 Retail Malt Beverage License for Comfort Inn & Suites, 3900 North Brandon Lane. 49. Set a date of hearing for Tuesday, June 6, 2023. New 2023-24 Retail Malt Beverage License for Chef Jeni & Company, 3638 South Southeastern Avenue. 50. Set a date of hearing for Tuesday, June 6, 2023. Transfer of 2023 Retail Liquor License from MG Oil, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102, to Triple J Inc, Alibi 2, 7400 East Oak Grove Trail. 51. Set a date of hearing for Tuesday, June 6, 2023. Transfers of 2023 Retail Wine License and 2023 Package Liquor License and 2022-23 Retail Malt Beverage License from Main & Main LLC, Springhill Suites, 4304 West Empire Place, to EMS Hospitality LLC, Springhill Suites, 4304 West Empire Place. 52. Set a date of hearing for Tuesday, June 6, 2023. Renewal of 2023-24 Retail Malt Beverage License for Springhill Suites, 4304 West Empire Place. 53. Set a date of hearing for Tuesday, June 6, 2023. Transfers of 2023 Retail Wine License and 2022-23 Retail Malt Beverage License from Main & Main LLC, Courtyard by Marriott, 4300 West Empire Place, to EMC Hospitality LLC, Courtyard by Marriott, 4300 West Empire Place. 54. Set a date of hearing for Tuesday, June 6, 2023. Renewal of 2023-24 Retail Malt Beverage License for Courtyard by Marriott, 4300 West Empire Place. 55. Set a date of hearing for Tuesday, June 6, 2023. Transfer of 2023 Retail Liquor License from Main & Main LLC, Hilton Garden Inn, 5300 South Grand Circle, to SFH Hospitality LLC, Hilton Garden Inn, 5300 South Grand Circle. 56. Set a date of hearing for Tuesday, June 6, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Saint Mary Catholic Church, 2109 South 5th Avenue, for a parking lot block party on June 25, 2023. 57. Set a date of hearing for Tuesday, June 6, 2023. Special One-Day Liquor License for JS Entertainment to be operated at 301 South Thompson Avenue, for a special event on July 14, 2023. 58. Set a date of hearing for Tuesday, June 6, 2023. Various Retail Malt Beverage renewals for 2023-2024 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. REGULAR AGENDA The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up for consideration are presented and public comment is taken prior to the making of motions. For Regular Agenda items, comments 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. 59. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS Unfinished Business includes select items that have come over from a previous meeting and do not otherwise belong under a subsequent heading on the agenda. Pending motions may also be included under Unfinished Business. Actions: Presentation, Public Comment (five minutes for items up for final consideration; otherwise three minutes), Council Questions, Motion, Debate, Vote (vote required varies by item type). 60. New 2023 Retail Wine License for Stubbies Bar & Grill, 5024 South Cliff Avenue. 61. New 2023 Retail Wine License for Simons Tacos, 3500 South Louise Avenue. 62. New 2023 Retail Wine License for Connexions South, 6801 South Louise Avenue. 63. New 2023 Retail Wine License and New 2023-23 Retail Malt Beverage License for The Cattitude Café, 225 East 11th Street, Suite 100. 64. Transfer of 2023 Retail Liquor License from Overtime Inc., Overtime Bar & Grill, 4529 East 26th Street, to Eide Café, Inc., Overtime Bar & Grill, 4529 East 26th Street. 65. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from JS Entertainment Inc., Upper Cut Casino, 2819 East 10th Street, Suite 101, to Woody’s Holdings Inc., Woody’s Silver Dollar, 900 South Marion Road, Suite 104. 66. Renewal of 2023-24 Retail Malt Beverage License for Woody’s Silver Dollar, 900 South Marion Road, Suite 104. 67. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Happy Jacks Sioux Falls, 1915 West 12th Street, to MG Oil Company, 777 Casino East, 3601 South Minnesota Avenue. 68. Renewal of 2023-24 Retail Malt Beverage License for 777 Casino East, 3601 South Minnesota Avenue. 69. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Jokerz Casino Too, 2401 West 12th Street, to MG Oil Company, 777 Casino East 2, 3601 South Minnesota Avenue, Suite B. 70. Renewal of 2023-24 Retail Malt Beverage License for 777 Casino East 2, 3601 South Minnesota Avenue, Suite B. 71. Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Lucky Strike Casino, 1033 North Minnesota Avenue, to MG Oil Company, 777 Casino East 3, 3601 South Minnesota Avenue, Suite C. 72. Renewal of 2023-24 Retail Malt Beverage License for 777 Casino East 3, 3601 South Minnesota Avenue, Suite C. 73. Transfer of 2023 Retail Wine License and Transfer of 2022-23 Retail Malt Beverage License, including video lottery placement, from Access Entertainment Group LLC, Spade Connexions, 8509 West 26th Street, Suite 1, to Connexions South 2, 6801 South Louise Avenue, Suite 2. 74. Renewal of 2023-24 Retail Malt Beverage License for Connexions South 2, 6801 South Louise Avenue, Suite 2. 75. Special One-Day Liquor License for TNT Entertainment to be operated at 337 North Phillips Avenue parking lot, for an outdoor concert on July 8, 2023. 76. Special One-Day Liquor Licenses for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for block parties on June 2, July 7, and August 4, 2023. 77. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at 601 South Minnesota Avenue, for a mixer on May 18, 2023. 78. Special One-Day Liquor License for T Slat Inc., to be operated at Cascades 605 Lounge (second floor), 701 North Phillips Avenue, for a fundraiser on May 19, 2023. 79. Special One-Day Liquor License for Great Bear Management Inc., 5901 East Rice Street, for events on July 21, August 19, September 8, 16 and October 28, 2023. INTRODUCTION AND ADOPTION OF ORDINANCES The title of each ordinance is read twice with at least five days intervening between the first and second reading (SDCL 9-19-7). ORDINANCE SECOND READINGS Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous meeting. Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five affirmative votes by members of the Council for adoption of ordinances (some ordinances require six affirmative votes for adoption)). 80. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor Background & Objective: Providing Supplemental Appropriations to the Sales/Use Tax Fund to accept a donation for the Mini Pitch Court for Parks. ORDINANCE FIRST READINGS The City Council typically sets the date of second reading for ordinances listed as first readings. Actions: Presentation, Public Comment (three minutes), Council Questions, Motion, Debate, Vote (majority of members present). 81. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1501 E. 12TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17934-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 6, 2023. Private Applicant(s): South Eastern Development Foundation – Lynne Keller Forbes Background & Objective: The purpose of this rezone request is to move a house onto the property that would utilize the DD3 zoning form. 82. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND WEST OF N. VALLEY VIEW RD. FROM THE REC RECREATION DISTRICT TO THE S-1 GENERAL INSTITUTIONAL AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 17935-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, June 6, 2023. Private Applicant(s): Sioux Falls School District – Jeff Kreiter; Sayre Associates - Paul Korn Background & Objective: The purpose of this rezone request is to construct an addition to George McGovern Middle School and to construct a new Elementary School. HEARINGS AND RESOLUTIONS Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no action required for said item. Actions: Presentation, Public Comment (five minutes for items up for final consideration; three minutes otherwise), Council Questions, Motion, Debate, Vote (majority of members present on most items). 83. A RESOLUTION AMENDING THE 2023-2027 CAPITAL PROGRAM. Sponsor: Mayor Background & Objective: Amending the Capital Program in 2023 for a mini pitch court for Parks and lighting for the Orpheum Theatre. 84. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON W. 86TH ST. Private Applicant(s): Cresten Capital Holdings Background & Objective: A Resolution of the City of Sioux Falls approving diagonal parking on W. 86th Street. 85. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE WEST 348.48 FEET OF THE EAST 1900 FEET OF THE SOUTH 249.87 FEET OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor Background & Objective: The Sanitary Sewer Easement being released was recorded by the property owner and did not meet City requirements. New Sanitary Sewer Easements meeting City requirements will be recorded. 86. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT THE WEST 348.48 FEET OF THE EAST 1,900 FEET OF THE SOUTH 249.87 FEET, AND EXCEPT PROFESSOR’S ADDITION. Sponsor: Mayor Background & Objective: The Sanitary Sewer Easement being released was recorded by the property owner and did not meet City requirements. New Sanitary Sewer Easements meeting City requirements will be recorded. 87. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT PROFESSOR’S 2ND ADDITION PLATTED THEREIN, AND EXCEPT THE WEST 168.01 FEET OF THE EAST 336.02 FEET OF THE SOUTH 259.29 FEET THEREIN, AND EXCEPT THE WEST 208.71 FEET OF THE EAST 928.71 FEET OF THE SOUTH 241.7 FEET THEREIN. Sponsor: Mayor Background & Objective: The Sanitary Sewer Easement being released was recorded by the property owner and did not meet City requirements. New Sanitary Sewer Easements meeting City requirements will be recorded. 88. ELECTION OF CITY COUNCIL CHAIR. 89. ELECTION OF CITY COUNCIL VICE CHAIR. 90. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE. 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) These items are read into the record with no action taken by the City Council. Some reports are formally presented. 91. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 8, 2023. NEW BUSINESS During consideration of new business, the Mayor or any two City Council members may bring before the City Council any business that person feels should be deliberated upon by the City Council. These matters can be added to the agenda by a vote of six City Council members and will be considered under new business. Formal action on these matters shall be deferred until a subsequent City Council meeting, unless consideration is necessary for the immediate preservation of the public peace, health or safety of the municipal government. If the City Council chooses to take immediate action on the newly calendared agenda item, an affirmative vote of six members of the Council is required for approval. (City Ordinance §30.014(d)). GENERAL PUBLIC INPUT During General Public Input, comments shall last no more than three minutes per person and comments are limited to topics which do not involve agenda items appearing earlier in the agenda as comments will have already been received for those items (City Ordinance §30.015). ADJOURNMENT A motion to adjourn is decided without debate and without the need for a roll call vote. Actions: Motion and Voice Vote 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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