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City Council Meeting

Regular Meeting

Sioux Falls, SD · June 6, 2023

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MINUTES City Council Meeting Tuesday, June 6, 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 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 Absent: Council Member Curt Soehl 2. INVOCATION  Adam Dorzok, Celebrate 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 Cole to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 16, 2023  City Council Meeting of Tuesday, May 16, 2023  Informational Meeting of Tuesday, May 23, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 2, 2023. 7. Notice of change orders on the memorandum dated June 2, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Ian Johnson and Chais Brown to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on June 17, 2023. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: May 11, 2023; 3,000 Gallons of B20 Clear Diesel; Midway Service-Vollan Oil; B20 Clear Diesel ($3.635); Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. 10. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: May 16, 2023; 5,000 Gallons of B20 Clear Diesel; Midway Service-Vollan Oil; B20 Clear Diesel ($3.41); Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. APPLICATIONS 11. Special One-Day Liquor License for T Slat Inc., to be operated at 504 North Phillips Avenue for concerts on June 22, 23, 24, 29, 30, July 1, 4, 6, and 8, 2023. 12. Various Retail Malt Beverage renewals for 2023-2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit D. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #67012, 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). 14. Parcel #67012, 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). 15. Parcel #67012, 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). The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 16. Parcel #281.34.02.031, for 2023 property taxes in the amount of $2,495.13. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, June 20, 2023. New 2023-24 Retail Malt Beverage License for Marric LLC, 2401 West 12th Street. 18. Set a date of hearing for Tuesday, June 20, 2023. New 2023-24 Retail Malt Beverage License for Habesha Restaurant LLC, 323 North West Avenue, with Conditional Use Permit (CU-017889-223) being approved on May 3, 2023. 19. Set a date of hearing for Tuesday, June 20, 2023. New 2023-24 Retail Malt Beverage License for The Smoked Culture, 3400 West 49th Street, Suite 102. 20. Set a date of hearing for Tuesday, June 20, 2023. Transfer of 2023 Package Liquor License from Myung Corp Inc, Liquor Stadium, 945 South Marion Road, Suite 100, to Wasson’s Westside LLC, Liquor Stadium, 945 South Marion Road, Suite 100. 21. Set a date of hearing for Tuesday, June 20, 2023. Transfer of 2022-23 Retail Malt Beverage License, with video lottery placement, from MG Oil Co, Lucky Lady Casino, 601 West 11th Street, to MG Oil Co, Happy Jacks Sioux Falls III-2, 3705 South Western Avenue, Suite B. 22. Set a date of hearing for Tuesday, June 20, 2023. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-2, 3705 South Western Avenue, Suite B. 23. Set a date of hearing for Tuesday, June 20, 2023. Transfer of 2022-23 Retail Malt Beverage License, with video lottery placement, from MG Oil Co, Lucky Lady Casino 2, 605 West 11th Street, to MG Oil Co, Happy Jacks Sioux Falls III-3, 3705 South Western Avenue, Suite C. 24. Set a date of hearing for Tuesday, June 20, 2023. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-3, 3705 South Western Avenue, Suite C. 25. Set a date of hearing for Tuesday, June 20, 2023. Special One-Day Malt Beverage and Wine Licenses for T Slat Inc., to be operated at USF Stadium, 6801 South Charger Circle, for games on June 23 and 30, 2023. 26. Set a date of hearing for Tuesday, June 20, 2023. Special One-Day Malt Beverage Licenses for Panacea Brewing Company to be operated at Paws Pet Resort, 7121 South Cliff Avenue, for mixers on July 7 and 8, 2023. 27. Set a date of hearing for Tuesday, June 20, 2023. Special One-Day Malt Beverage License for Dakota Alliance Soccer Club to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for an adult soccer tournament on July 29, 2023. 28. Set a date of hearing for Tuesday, June 20, 2023. Special One-day Liquor License for Pave LLC to be operated at 401 East 8th Street west parking lot, for a concert on August 26, 2023. REGULAR AGENDA 29. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 30. New 2023 Retail Wine License for The Dive, 1612 South Western Avenue. 31. New 2023-24 Retail Malt Beverage License for Cooks & Bakers Kitchen, 5906 East 18th Street. 32. New 2023-24 Retail Malt Beverage License for Comfort Inn & Suites, 3900 North Brandon Lane. 33. New 2023-24 Retail Malt Beverage License for Chef Jeni & Company, 3638 South Southeastern Avenue. 34. 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. 35. 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. 36. Renewal of 2023-24 Retail Malt Beverage License for Springhill Suites, 4304 West Empire Place. 37. 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. 38. Renewal of 2023-24 Retail Malt Beverage License for Courtyard by Marriott, 4300 West Empire Place. 39. 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. 40. 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. 41. Special One-Day Liquor License for JS Entertainment to be operated at 301 South Thompson Avenue, for a special event on July 14, 2023. A motion was made by Council Member Merkouris and seconded by Council Member Jensen to approve Items 30-41. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 42. 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. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Item 42. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 43. 2nd 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 Barranco and seconded by Council Member Jensen to adopt Ordinance No. 35-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 44. 2nd 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 Cole to adopt Ordinance No. 36-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: INTERNAL AUDIT. Sponsor: Council Members Merkouris and Jensen A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 13, 2023 for Item 45. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING DEFINITIONS TO SECTION 50.001 OF CHAPTER 50: UTILITIES GENERALLY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 46. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE LATE FEES TO SECTION 51.009 AND ESTABLISHING FEES TO SECTION 51.010 OF CHAPTER 51: GENERAL PROVISIONS. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 47. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE TERM “CUSTOMER CHARGE” TO “FIXED CHARGE” IN SECTION 51.006 OF CHAPTER 51: GENERAL PROVISIONS, AND 51.026, 51.027, 51.028, 51.029, AND 51.030 OF CHAPTER 51: ELECTRICITY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE NIGHT WATCH FLOOD SERVICE RATE TO SECTION 51.032 OF CHAPTER 51: ELECTRICITY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY INCREASING THE WATER RATES FOR CUSTOMERS TO SECTIONS 51.046, 51.047, 51.048, 51.049, 51.050, 51.052, 51.053, AND REPEALING SECTION 51.051 OF CHAPTER 51: WATER. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE SEWER FEES IN SECTIONS 51.081 AND 51.081.01 OF CHAPTER 51: SEWER. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 51. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE STORM DRAINAGE FEES IN TABLE III TO SECTION 51.100 OF CHAPTER 51: STORM DRAINAGE. 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 20, 2023 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE SANITARY LANDFILL RATES FOR USE TO SECTION 57.047, COMBINING SECTION 57.047(n) WITH SECTION 57.047(c), AND UPDATING VERBIAGE TO SECTION 57.048 OF CHAPTER 57: GARBAGE AND RECYCLING. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 53. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE LICENSES ISSUED BY THE PUBLIC WORKS DEPARTMENT TO SECTION 110.036 OF CHAPTER 110: LICENSES. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 54. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 55. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRIS ADDITION (17711-2023). The Planning Commission recommends approval (7-0). Private Applicant(s): Willadsen Lund Engineering – Eric Willadsen A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Resolution No. 46-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 46-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRIS ADDITION (17711-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Harris 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: 06/06/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 56. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 01-2023—MAPLETON ADDITION. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Jensen to adopt Resoluton No. 47-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 47-23 ANNEXATION 01-2023—MAPLETON ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed 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 street network along North Ditch Road. 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 of Tract 1 of County Auditor’s Subdivision of the NW1/4 of Section 29, Township 102 North, Range 49 West of the 5th P.M., except Lot H-1 contained therein; NE1/4 SW1/4 of Section 29, Township 102 North, Range 49 West of the 5th P.M., except Lot H-1 contained therein; NE1/4 SW1/4 of Section 29, Township 102 North, Range 49 West of the 5th P.M., except Lot H-1 and except Tracts 1 & 2 located in the NE1/4 SW1/4 of Section 29, Township 102 North, Range 49 West of the 5th P.M., located therein; all in Minnehaha County, South Dakota. And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 06/06/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 57. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 017883-2023—LEUBECHER W 1/2 NE 1/4. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 48-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 48-23 ANNEXATION 017883-2023—LEUBECHER W 1/2 NE 1/4 A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network, through subdivision, along 69th Street. 4. Sanitary sewer is available for the proposed annexation area. 5. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: The remainder of the South 1,002’ of the West 1/2 of the Northeast 1/4 in Section 18, Township 100, Range 49, all in Lincoln County, South Dakota; and the abutting public right-of-way. And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 06/06/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 58. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. Sponsors: Council Members Selberg and Merkouris A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 49-23. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend by replacing "June 30, 2025" with "June 30, 2024". Roll call vote to amend. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 49-23 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Pursuant to SDCL 9-12-6, the official newspaper for the City of Sioux Falls, SD, shall be the Argus Leader, for a period from July 3, 2023, to June 30, 2024. Date adopted: 06/06/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 59. A MOTION TO APPOINT JERMERY WASHINGTON AS THE CITY CLERK, PURSUANT TO SECTION 2.08 OF THE CHARTER OF THE CITY OF SIOUX FALLS. Sponsors: Council Members Jensen and Merkouris A motion was made by Council Member Jensen and seconded by Council Member Merkouris to appoint Jermery Washington as City Clerk pursuant to Section 2.08 of the Charter of the City of Sioux Falls. Roll call vote to appoint. 7 Yes: 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) 60. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 12, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Michael Stangeland spoke about the Sustainability Plan. Grant Edgecomb spoke about the Mueller Pallet permit. Cody Ingle spoke about Sioux Falls Pride and invited the City Council to the Sioux Falls Pride Festival at 8th and Railroad on Saturday, June 10, 2023. Sierra Broussard spoke about the Festival of Cultures; Invocators at City Council Meetings; Code Enforcement; and the Health Department. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Jensen to adjourn at 8:43 p.m. Voice vote to adjourn. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, June 6, 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 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 Council Member Curt Soehl Mayor Paul TenHaken 2. INVOCATION  Adam Dorzok, Celebrate 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 16, 2023  City Council Meeting of Tuesday, May 16, 2023  Informational Meeting of Tuesday, May 23, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 2, 2023. 7. Notice of change orders on the memorandum dated June 2, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Ian Johnson and Chais Brown to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on June 17, 2023. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: May 11, 2023; 3,000 Gallons of B20 Clear Diesel; Midway Service-Vollan Oil; B20 Clear Diesel ($3.635); Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. 10. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: May 16, 2023; 5,000 Gallons of B20 Clear Diesel; Midway Service-Vollan Oil; B20 Clear Diesel ($3.41); Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. APPLICATIONS 11. Special One-Day Liquor License for T Slat Inc., to be operated at 504 North Phillips Avenue for concerts on June 22, 23, 24, 29, 30, July 1, 4, 6, and 8, 2023. 12. Various Retail Malt Beverage renewals for 2023-2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit D. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #67012, 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). 14. Parcel #67012, 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). 15. Parcel #67012, 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). The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 16. Parcel #281.34.02.031, for 2023 property taxes in the amount of $2,495.13. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, June 20, 2023. New 2023-24 Retail Malt Beverage License for Marric LLC, 2401 West 12th Street. 18. Set a date of hearing for Tuesday, June 20, 2023. New 2023-24 Retail Malt Beverage License for Habesha Restaurant LLC, 323 North West Avenue, with Conditional Use Permit (CU-017889-223) being approved on May 3, 2023. 19. Set a date of hearing for Tuesday, June 20, 2023. New 2023-24 Retail Malt Beverage License for The Smoked Culture, 3400 West 49th Street, Suite 102. 20. Set a date of hearing for Tuesday, June 20, 2023. Transfer of 2023 Package Liquor License from Myung Corp Inc, Liquor Stadium, 945 South Marion Road, Suite 100, to Wasson’s Westside LLC, Liquor Stadium, 945 South Marion Road, Suite 100. 21. Set a date of hearing for Tuesday, June 20, 2023. Transfer of 2022-23 Retail Malt Beverage License, with video lottery placement, from MG Oil Co, Lucky Lady Casino, 601 West 11th Street, to MG Oil Co, Happy Jacks Sioux Falls III-2, 3705 South Western Avenue, Suite B. 22. Set a date of hearing for Tuesday, June 20, 2023. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-2, 3705 South Western Avenue, Suite B. 23. Set a date of hearing for Tuesday, June 20, 2023. Transfer of 2022-23 Retail Malt Beverage License, with video lottery placement, from MG Oil Co, Lucky Lady Casino 2, 605 West 11th Street, to MG Oil Co, Happy Jacks Sioux Falls III-3, 3705 South Western Avenue, Suite C. 24. Set a date of hearing for Tuesday, June 20, 2023. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-3, 3705 South Western Avenue, Suite C. 25. Set a date of hearing for Tuesday, June 20, 2023. Special One-Day Malt Beverage and Wine Licenses for T Slat Inc., to be operated at USF Stadium, 6801 South Charger Circle, for games on June 23 and 30, 2023. 26. Set a date of hearing for Tuesday, June 20, 2023. Special One-Day Malt Beverage Licenses for Panacea Brewing Company to be operated at Paws Pet Resort, 7121 South Cliff Avenue, for mixers on July 7 and 8, 2023. 27. Set a date of hearing for Tuesday, June 20, 2023. Special One-Day Malt Beverage License for Dakota Alliance Soccer Club to be operated at Yankton Trail Park, 3901 South Minnesota Avenue, for an adult soccer tournament on July 29, 2023. 28. Set a date of hearing for Tuesday, June 20, 2023. Special One-day Liquor License for Pave LLC to be operated at 401 East 8th Street west parking lot, for a concert on August 26, 2023. 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. 29. 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). 30. New 2023 Retail Wine License for The Dive, 1612 South Western Avenue. 31. New 2023-24 Retail Malt Beverage License for Cooks & Bakers Kitchen, 5906 East 18th Street. 32. New 2023-24 Retail Malt Beverage License for Comfort Inn & Suites, 3900 North Brandon Lane. 33. New 2023-24 Retail Malt Beverage License for Chef Jeni & Company, 3638 South Southeastern Avenue. 34. 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. 35. 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. 36. Renewal of 2023-24 Retail Malt Beverage License for Springhill Suites, 4304 West Empire Place. 37. 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. 38. Renewal of 2023-24 Retail Malt Beverage License for Courtyard by Marriott, 4300 West Empire Place. 39. 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. 40. 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. 41. Special One-Day Liquor License for JS Entertainment to be operated at 301 South Thompson Avenue, for a special event on July 14, 2023. 42. 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. 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)). 43. 2nd 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 Background & Objective: The purpose of this rezone request is to move a house onto the property that would utilize the DD3 zoning form. 44. 2nd 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 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. 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). 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: INTERNAL AUDIT. Recommendation: Set a date of 2nd Reading for Tuesday, June 13, 2023. Sponsor: Council Members Merkouris and Jensen Background & Objective: The proposed ordinance removes any mention of an internal audit job title. The proposal also includes language that allows for a co-source internal audit function. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING DEFINITIONS TO SECTION 50.001 OF CHAPTER 50: UTILITIES GENERALLY. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Proposed Amendment seeks to add definitions for “CCF” and “KWh” to the Chapter 50 of the Code of Ordinances of Sioux Falls, SD to provide clarity to the public. Both previously undefined terms are used throughout the Utility Code as consumption measures for billing. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE LATE FEES TO SECTION 51.009 AND ESTABLISHING FEES TO SECTION 51.010 OF CHAPTER 51: GENERAL PROVISIONS. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Over the next four years, the City of Sioux Falls is proposing adjustments to the utilities’ fees to ensure the utilities will continue to be fully funded while only collecting the true cost of service to customers. If approved by City Council, proposed rates will go into effect January 1, 2024. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE TERM “CUSTOMER CHARGE” TO “FIXED CHARGE” IN SECTION 51.006 OF CHAPTER 51: GENERAL PROVISIONS, AND 51.026, 51.027, 51.028, 51.029, AND 51.030 OF CHAPTER 51: ELECTRICITY. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Proposed Amendment seeks to bring consistency and uniformity within Chapter 51 of the Code of Ordinances of Sioux Falls, SD and between Chapter 51 and City monthly utility billing statements. The current ordinances and City billing statements use the terms “customer charge” and “fixed charge” to refer to the same fixed monthly utility charge. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE NIGHT WATCH FLOOD SERVICE RATE TO SECTION 51.032 OF CHAPTER 51: ELECTRICITY. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Along with our City street light system we can help customers with security lighting of private property; we charge a monthly rate for that security lighting service. As the City converts to LED lighting, this LED rate gives us the option to use technology for that security lighting. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY INCREASING THE WATER RATES FOR CUSTOMERS TO SECTIONS 51.046, 51.047, 51.048, 51.049, 51.050, 51.052, 51.053, AND REPEALING SECTION 51.051 OF CHAPTER 51: WATER. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Utility rates pay for operations, maintenance, equipment, and infrastructure projects. Rates are regularly reviewed to ensure utilities can continue their expected level of service while planning for future service needs. Over the next four years, the City of Sioux Falls is proposing rate increases to four of its five utilities. If approved by City Council, proposed rates will go into effect January 1, 2024. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE SEWER FEES IN SECTIONS 51.081 AND 51.081.01 OF CHAPTER 51: SEWER. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Utility rates pay for operations, maintenance, equipment, and infrastructure projects. Rates are regularly reviewed to ensure utilities can continue their expected level of service while planning for future service needs. Over the next four years, the City of Sioux Falls is proposing rate increases to four of its five utilities. If approved by City Council, proposed rates will go into effect January 1, 2024. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE STORM DRAINAGE FEES IN TABLE III TO SECTION 51.100 OF CHAPTER 51: STORM DRAINAGE. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Utility rates pay for operations, maintenance, equipment, and infrastructure projects. Rates are regularly reviewed to ensure utilities can continue their expected level of service while planning for future service needs. Over the next four years, the City of Sioux Falls is proposing rate increases to four of its five utilities. If approved by City Council, proposed rates will go into effect January 1, 2024. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE SANITARY LANDFILL RATES FOR USE TO SECTION 57.047, COMBINING SECTION 57.047(n) WITH SECTION 57.047(c), AND UPDATING VERBIAGE TO SECTION 57.048 OF CHAPTER 57: GARBAGE AND RECYCLING. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Utility rates pay for operations, maintenance, equipment, and infrastructure projects. Rates are regularly reviewed to ensure utilities can continue their expected level of service while planning for future service needs. Over the next four years, the City of Sioux Falls is proposing rate increases to four of its five utilities. If approved by City Council, proposed rates will go into effect January 1, 2024. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE LICENSES ISSUED BY THE PUBLIC WORKS DEPARTMENT TO SECTION 110.036 OF CHAPTER 110: LICENSES. Recommendation: Set a date of 2nd Reading for Tuesday, June 20, 2023. Sponsor: Mayor Background & Objective: Over the next four years, the City of Sioux Falls is proposing adjustments to the utilities’ licenses and fees to ensure the utilities will continue to be fully funded while only collecting the true cost of service to customers. If approved by City Council, proposed rates will go into effect January 1, 2024. 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). 55. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRIS ADDITION (17711-2023). The Planning Commission recommends approval (7-0). Private Applicant(s): Willadsen Lund Engineering – Eric Willadsen Background & Objective: This Preliminary Subdivision Plan was required to allow the vacation of undeveloped right-of-way. Subject property is located within an existing industrial park and is zone I-1, Light Industrial. 56. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 01-2023—MAPLETON ADDITION. Sponsor: Mayor Background & Objective: City of Sioux Falls owns the property and is proposing to construct a water well pump at this location. 57. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 017883-2023—LEUBECHER W 1/2 NE 1/4. Sponsor: Mayor Background & Objective: Property owner is requesting to bring into city limits, 30 acres for urban development south of their existing development. 58. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. Sponsors: Council Members Selberg and Merkouris Background & Objective: Designate the official newspaper for the City of Sioux Falls, SD. 59. A MOTION TO APPOINT JERMERY WASHINGTON AS THE CITY CLERK, PURSUANT TO SECTION 2.08 OF THE CHARTER OF THE CITY OF SIOUX FALLS. Sponsors: Council Members Jensen and Merkouris Background & Objective: This motion will appoint Jermery Washington as 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) These items are read into the record with no action taken by the City Council. Some reports are formally presented. 60. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 12, 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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