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City Council Meeting

Regular Meeting

Sioux Falls, SD · June 20, 2023

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, June 20, 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 David Barranco, Council Member Sarah Cole (arr. 6:14 p.m.), Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Mayor Paul TenHaken 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 Jensen to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Cole was not present for the vote on this motion. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 13, 2023  City Council Meeting of Tuesday, June 13, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 16, 2023. 7. Notice of change orders on the memorandum dated June 16, 2023. APPLICATIONS 8. Renewal of 2023-24 Retail Malt Beverage License for Salon Mia, 3801 West 34th Street, Suite 115. 9. Renewal of 2023-24 Retail Malt Beverage License for MCA Market LLC, 1038 North Minnesota Avenue. 10. Renewal of 2023-24 Retail Malt Beverage License for Gas Barrel, 2500 West Madison Street. 11. Renewal of 2023-24 Retail Malt Beverage License for Startup Sioux Falls, 100 East 6th Street. 12. Special One-Day Liquor License for Zoological Society to be operated at 805 South Kiwanis Avenue, for a fundraiser on June 27, 2023. NOTICE OF HEARINGS 13. Set a date of hearing for Wednesday, July 5, 2023. Transfer of 2023 Retail Liquor License from Main & Main LLC, Courtyard by Marriott, 4300 West Empire Place, to Thalia Bar LLC, Thalia Bar, 7000 South Lyncrest Place. 14. Set a date of hearing for Wednesday, July 5, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Crown Gaming Inc, Paradise West Casino II, 5109 West 12th Street, Suite A, to Crown Gaming Inc., Paradise West Casino II, 5111 West 12th Street, Suite A. 15. Set a date of hearing for Wednesday, July 5, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming and Holdings, Deuces, 317 North West Avenue, to Crown Gaming Inc., Paradise West Casino III, 5111 West 12th Street, Suite B. 16. Set a date of hearing for Wednesday, July 5, 2023. Special One-Day Malt Beverage License for El Riad Shriners to be operated at 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 22, 2023. 17. Set a date of hearing for Wednesday, July 5, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for a jazz event on July 19, August 2 and 16, 2023. 18. Set a date of hearing for Wednesday, July 5, 2023. Special One-Day Malt Beverage Licenses for Fernson Brewing Company to be operated at 4210 North Bobhalla Drive, for a tournament on August 11-13, 2023. REGULAR AGENDA 19. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Selberg to amend by moving Items 43 and 44 after Item 40. Roll call vote to amend. 6 Yes: Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Cole was not present for the vote on this motion. Roll call vote to approve, as amended. 6 Yes: Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Cole was not present for the vote on this motion. UNFINISHED BUSINESS 20. New 2023-24 Retail Malt Beverage License for Marric LLC, 2401 West 12th Street. 21. 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. 22. New 2023-24 Retail Malt Beverage License for The Smoked Culture, 3400 West 49th Street, Suite 102. 23. 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. 24. 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. 25. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-2, 3705 South Western Avenue, Suite B. 26. 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. 27. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-3, 3705 South Western Avenue, Suite C. 28. 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. 29. 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. 30. 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. 31. 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. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Items 20 through 31. Roll call vote to approve. 6 Yes: Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Cole was not present for the vote on this motion. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 32. 2nd 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 Neitzert and seconded by Council Member Barranco to adopt Ordinance No. 38-23. A motion was made by Council Member Neitzert and seconded by Council Member Barranco to amend by adding "Once CCF is equivalent to 748.052 gallons" after the first sentence in the definition of CCF. Roll call vote to amend. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 33. 2nd 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 Selberg and seconded by Council Member Jensen to adopt Ordinance No. 39-23. A motion was made by Council Member Starr and seconded by Council Member Neitzert to amend Section 51.009 (a) and (b) by removing the sentence, “As of January 1, 2024, late payment charges will be assessed at a rate of 5.0% of the past due balance but not less than $1 and added to the next bill,” and replacing in Section 51.009 (a) and (b) with the following sentence, “As of January 1, 2024, late payment charges will be assessed at a rate of 2.0% of the past due balance but not less than $1 and added to the next bill for all nonresidential customers. As of January 1, 2024, late payment charges will be assessed at a rate of 1.0% of the past due balance but not less than $1 and added to the next bill for all residential customers.”. Roll call vote to amend. 6 Yes: Cole, Merkouris, Neitzert, Selberg, Starr, Barranco; 1 No: Jensen. Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend 51.010 (4) by replacing the “Trip Charge” with the following: “2023 ($28), 2024 ($35), 2025 ($40), 2026 ($45), 2027 ($50).”. Roll call vote to amend. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend 51.010 (7) by replacing the “Turn-on Fee (service off for non-pay)” with the following: “2023 ($28), 2024 ($35), 2025 ($40), 2026 ($45), 2027 ($50).”. Roll call vote to amend. 6 Yes: Cole, Merkouris, Neitzert, Selberg, Starr, Barranco; 1 No: Jensen. Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Barranco; 1 No: Starr. Motion Passed. 34. 2nd 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 Jensen to adopt Ordinance No. 40-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 35. 2nd 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 Jensen and seconded by Council Member Barranco to adopt Ordinance No. 41-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 36. 2nd 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 adopt Ordinance No. 42-23. Roll call vote to adopt. 5 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg; 2 No: Starr, Barranco. Motion Passed. 37. 2nd 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 adopt Ordinance No. 43-23. Roll call vote to adopt. 6 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Barranco; 1 No: Starr. Motion Passed. 38. 2nd 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 Jensen to adopt Ordinance No. 44-23. Roll call vote to adopt. 6 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Barranco; 1 No: Starr. Motion Passed. 39. 2nd 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 Jensen and seconded by Council Member Cole to adopt Ordinance No. 45-23. Roll call vote to adopt. 6 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Barranco; 1 No: Starr. Motion Passed. 40. 2nd 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 Cole to adopt Ordinance No. 46-23. Roll call vote to adopt. 6 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Barranco; 1 No: Starr. Motion Passed. Item 43 was heard at this time. See item for action taken. Item 44 was heard at this time. See item for action taken. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Ordinance No. 47-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to defer this item to the City Council Meeting on Wednesday, July 5, 2023. Roll call vote to defer. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR FUTURE CASH GIFTS FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Ordinance No. 49-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE DEVELOPMENT OF PROPERTY COMMONLY REFERRED TO AS KIWANIS PARK.” Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 50-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR A COMMUNITY AWARENESS CAMPAIGN. Sponsors: Council Members Cole and Selberg A motion was made by Council Member Cole and seconded by Council Member Selberg to adopt Ordinance No. 48-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 46. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CERTAIN PROPERTY FROM THE A1 AGRICULTURAL ZONING TO MAPLETON GOLF PLANNED DEVELOPMENT DISTRICT. Private Applicant(s): Nineteen Flags, LLC A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, June 27, 2023 for Item 46. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Mayor Paul TenHaken passed the gavel to Council Chair Marshall Selberg. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 85TH ST. AND WEST OF S. MINNESOTA AVE. FROM LW LIVE-WORK DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT NO. 18140-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Willadsen Lund Engineering Corp. – Eric Willadsen A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 47. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 10TH ST. AND EAST OF SIX MILE RD. FROM AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS NO. 18111-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Infrastructure Design Group, Inc – Beau Koopal A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Council Chair Marshall Selberg passed the gavel back to Mayor Paul TenHaken. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE LW LIVE-WORK DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT NO. 18106-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): TTDJ LLC – Jesse Deffenbaugh A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 26TH ST. AND WEST OF S. MENLO AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17794- 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Mark Peterson A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 410 N. WEST AVE. FROM THE REC RECREATION DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 18054-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Reynolds Construction Management Services, Inc - Suze Frentz A motion was made by Council Member Jensen and seconded by Council Member Merkouris to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 51. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 61ST ST. AND WEST OF SYCAMORE AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE O OFFICE DISTRICT NO. 18085-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): RMB Associates – Joel Dykstra A motion was made by Council Member Selberg and seconded by Council Member Barranco to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY, AND LW LIVE-WORK DISTRICTS TO THE CN CONSERVATION, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND LW LIVE-WORK DISTRICTS NO. 18105-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): TTDJ LLC – Jesse Deffenbaugh A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 53. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 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) 54. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 31, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Rick Albrecht spoke about maintenance issues tenants have and lack of assistance from landlords. Sierra Broussard spoke about code enforcement procedures and apartment rent going into escrow accounts. Scott Ehrisman spoke about a case regarding the First Amendment; and about bicycle ordinances, their enforcement, and lack of notification of ordinance changes or updates. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn the meeting at 8:25 p.m. Voice vote to adjourn. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, June 20, 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 Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Mayor Paul TenHaken 2. INVOCATION  Father Paul King, St. Lambert Catholic 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, June 13, 2023  City Council Meeting of Tuesday, June 13, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 16, 2023. 7. Notice of change orders on the memorandum dated June 16, 2023. APPLICATIONS 8. Renewal of 2023-24 Retail Malt Beverage License for Salon Mia, 3801 West 34th Street, Suite 115. 9. Renewal of 2023-24 Retail Malt Beverage License for MCA Market LLC, 1038 North Minnesota Avenue. 10. Renewal of 2023-24 Retail Malt Beverage License for Gas Barrel, 2500 West Madison Street. 11. Renewal of 2023-24 Retail Malt Beverage License for Startup Sioux Falls, 100 East 6th Street. 12. Special One-Day Liquor License for Zoological Society to be operated at 805 South Kiwanis Avenue, for a fundraiser on June 27, 2023. NOTICE OF HEARINGS 13. Set a date of hearing for Wednesday, July 5, 2023. Transfer of 2023 Retail Liquor License from Main & Main LLC, Courtyard by Marriott, 4300 West Empire Place, to Thalia Bar LLC, Thalia Bar, 7000 South Lyncrest Place. 14. Set a date of hearing for Wednesday, July 5, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Crown Gaming Inc, Paradise West Casino II, 5109 West 12th Street, Suite A, to Crown Gaming Inc., Paradise West Casino II, 5111 West 12th Street, Suite A. 15. Set a date of hearing for Wednesday, July 5, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming and Holdings, Deuces, 317 North West Avenue, to Crown Gaming Inc., Paradise West Casino III, 5111 West 12th Street, Suite B. 16. Set a date of hearing for Wednesday, July 5, 2023. Special One-Day Malt Beverage License for El Riad Shriners to be operated at 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 22, 2023. 17. Set a date of hearing for Wednesday, July 5, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for a jazz event on July 19, August 2 and 16, 2023. 18. Set a date of hearing for Wednesday, July 5, 2023. Special One-Day Malt Beverage Licenses for Fernson Brewing Company to be operated at 4210 North Bobhalla Drive, for a tournament on August 11-13, 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. 19. 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). 20. New 2023-24 Retail Malt Beverage License for Marric LLC, 2401 West 12th Street. 21. 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. 22. New 2023-24 Retail Malt Beverage License for The Smoked Culture, 3400 West 49th Street, Suite 102. 23. 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. 24. 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. 25. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-2, 3705 South Western Avenue, Suite B. 26. 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. 27. Renewal of 2023-24 Retail Malt Beverage License for Happy Jacks Sioux Falls III-3, 3705 South Western Avenue, Suite C. 28. 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. 29. 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. 30. 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. 31. 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. 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)). 32. 2nd 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 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. 33. 2nd 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 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. 34. 2nd 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 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. 35. 2nd 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 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. 36. 2nd 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 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. 37. 2nd 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 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. 38. 2nd 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 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. 39. 2nd 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 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. 40. 2nd 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 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. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor Background & Objective: Providing supplemental appropriations for several departments in the Sales/Use Tax Fund for available fund balance carried forward from year end 2022 as well as donated funds. Also, appropriates for a general fund transfer. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. Sponsor: Mayor Background & Objective: Updates city ordinance related to the sale of and application for on-sale and off-sale dealer liquor licenses by replacing the liquor license lottery procedure with a sealed bid process. Additionally, updates city ordinance to allow for on- sale liquor licenses at various municipal-owned facilities to reflect changes to South Dakota Codified Law that becomes effective on July 1, 2023. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR FUTURE CASH GIFTS FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK. Sponsor: Mayor Background & Objective: The Sioux Falls Area Community Foundation on behalf of Garry and Dianne Jacobson, Lloyd Property Holdings #4, LLC, and T. Denny Sanford desires to gift the City a future cash gift for the redevelopment of a portion of Falls Park to be used for an ice skating ribbon, an all-inclusive playground, a dog park, and a splash pad, among other amenities. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE DEVELOPMENT OF PROPERTY COMMONLY REFERRED TO AS KIWANIS PARK.” Sponsor: Mayor Background & Objective: Lloyd Properties Holdings #4, LLC and Lloyd Companies, Inc., desire to gift to the City a future cash gift for the development of the property commonly referred to as Kiwanis Park for the construction of a shelter, lighting, synthetic turf, selfie point, tables, and associated park improvements. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR A COMMUNITY AWARENESS CAMPAIGN. Sponsors: Council Members Cole and Selberg Background & Objective: The proposed ordinance adds $50,000 to the Police budget for a community awareness campaign to remind the vehicle owners in Sioux Falls to lock their vehicles. 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). 46. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CERTAIN PROPERTY FROM THE A1 AGRICULTURAL ZONING TO MAPLETON GOLF PLANNED DEVELOPMENT DISTRICT. Recommendation: Set a date of 2nd Reading for Tuesday, June 27, 2023. Private Applicant(s): Nineteen Flags, LLC Background & Objective: The applicant is proposing to construct a country club with a golf course, clubhouse including a restaurant, golf shop, overnight lodging, and other accessory structures. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 85TH ST. AND WEST OF S. MINNESOTA AVE. FROM LW LIVE-WORK DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT NO. 18140-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): Willadsen Lund Engineering Corp. – Eric Willadsen Background & Objective: This rezoning is to allow for a future tire and collision center and will match the zoning to the east and south. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 10TH ST. AND EAST OF SIX MILE RD. FROM AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS NO. 18111-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): Infrastructure Design Group, Inc – Beau Koopal Background & Objective: This rezoning will allow the develop of single family residential as well as a 55+ retirement cooperative that will consist of single family homes that will all be located on the same cooperatively owned parcel. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE LW LIVE-WORK DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT NO. 18106-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): TTDJ LLC – Jesse Deffenbaugh Background & Objective: This rezoning will allow for the construction of a contractors shop and a new manufacturing building. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 26TH ST. AND WEST OF S. MENLO AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17794- 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): Mark Peterson Background & Objective: The purpose of this rezoning is to allow the redevelopment of the site as single family using the traditional narrow lot form. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 410 N. WEST AVE. FROM THE REC RECREATION DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 18054-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): Reynolds Construction Management Services, Inc - Suze Frentz Background & Objective: This rezoning will allow for the extension of the parking lot for the commercial lot to the south. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 61ST ST. AND WEST OF SYCAMORE AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE O OFFICE DISTRICT NO. 18085-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): RMB Associates – Joel Dykstra Background & Objective: This rezoning will allow for the development of office buildings that will match the style of the existing offices to the south. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY, AND LW LIVE-WORK DISTRICTS TO THE CN CONSERVATION, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND LW LIVE-WORK DISTRICTS NO. 18105-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Wednesday, July 5, 2023. Private Applicant(s): TTDJ LLC – Jesse Deffenbaugh Background & Objective: This rezoning will allow for a new office and multi-family development. 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. 54. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 31, 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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