City Council Meeting

MINUTES Regular City Council Meeting Wednesday, July 5, 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 Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco (arr. 6:01 p.m.), Council Member Sarah Cole, Mayor Paul TenHaken Absent: Council Member Marshall Selberg 2. INVOCATION  Pastor Kirk Flaa, Abiding Savior Free Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 20, 2023  City Council Meeting of Tuesday, June 20, 2023  Informational Meeting of Tuesday, June 27, 2023  Joint City Council / Minnehaha County Commission Meeting of Tuesday, June 27, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 30, 2023. 7. Notice of change orders on the memorandum dated June 30, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Marcus Haselhoff and Ashley Musch to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on September 9, 2023. APPLICATIONS 9. Renewal of 2023-24 Retail Malt Beverage License for T Nail Spa, 433 West 69th Street. 10. Renewal of 2023-24 Retail Malt Beverage License for Speedway #298, 2911 West 41st Street. 11. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 504 North Phillips Avenue, for concerts on July 13, 14, 15, 20, 21, 22, 27, 28 and 29, 2023. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 12. Parcel #280.50.14.3000, for 2023 property taxes in the amount of $64.54. Reason: Land was sold to the City of Sioux Falls for the Veterans Parkway ROW. NOTICE OF HEARINGS 13. Set a date of hearing for Tuesday, July 18, 2023. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for Candylicious Allure, 4708 East 41st Street. 14. Set a date of hearing for Tuesday, July 18, 2023. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for Active Generations, 5500 East Active Gen Place. 15. Set a date of hearing for Tuesday, July 18, 2023. New 2023-24 Retail Malt Beverage License for Gash Barka, 2412 East 10th Street. 16. Set a date of hearing for Tuesday, July 18, 2023. New 2023-24 Retail Malt Beverage License for Urban Chislic, 431 West 85th Street. 17. Set a date of hearing for Tuesday, July 18, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery terminals, from Urban Chislic, 431 West 85th Street, to Overtime Sports Grill and Bar, 4525 East 26th Street. 18. Set a date of hearing for Tuesday, July 18, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery terminals, from High Rollers Casino, 803 South Cliff Avenue, to Overtime Sports Grill and Bar, 4531 East 26th Street. 19. Set a date of hearing for Tuesday, July 18, 2023. Special One-Day Liquor License for T Slat Inc, to be operated at 480 East 69th Street, for a wedding reception on July 28, 2023. 20. Set a date of hearing for Tuesday, July 18, 2023. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2801 Jaycee Lane, for the airshow on July 29-30, 2023. 21. Set a date of hearing for Tuesday, July 18, 2023. Special One-Day Liquor License for Downtown Sioux Falls Inc., to be operated at in area described as Avera/Great Outdoor Store parking lots, on Second Avenue between East 10th Street and East 11th Street, Third Avenue to the bridge underpass and Fawick Park green space, for Riverfest on August 19, 2023. 22. Set a date of hearing for Tuesday, July 18, 2023. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at 1801 Summit Street, the finish line for Sioux Falls marathon on August 27, 2023. 23. Set a date of hearing for Tuesday, July 18, 2023. Special One-day Liquor Licenses for Sanford Health to be operated at 3101 West 22nd Street golf course only, for PGA Tour Champions Event on September 11-17, 2023. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend by moving Item 44 before Item 31. Roll call vote to amend. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. A motion was made by Council Member Neitzert and seconded by Council Member Barranco to approve Items 25 through Item 30. Roll call vote to approve. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS Item 44 was heard at this time. See item for action taken. 31. 2nd Reading: Deferred from the meeting of Tuesday, June 20, 2023; 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 Soehl and seconded by Council Member Jensen to adopt Ordinance No. 52-23. A motion was made by Council Member Starr and seconded by Council Member Barranco to amend § 111.012.1(e) and § 111.015.1(e) by adding the following sentence, “All conditionally awarded bids, including the name of the bidder and the amount of the bid, shall be published online by the city within five business days of the date of written notice of conditional award to the bidder.” Roll call vote to amend. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend by adding a new subsection (j) to § 111.012.1 to read as follows, “Proceeds from the sale of the off-sale dealer liquor licenses, above the minimum Initial  Fee for off-sale dealer liquor licenses established in § 111.002, shall be utilized for the purposes of community betterment initiatives which may include, but not limited to, addressing substance abuse, mental health, safety, homelessness and the housing of at-risk populations,” and adding a new subsection (j) to § 111.015.1 to read, “Proceeds from the sale of the on-sale dealer liquor licenses, above the minimum Initial Fee for on-sale dealer liquor licenses established in § 111.002, shall be utilized for the purposes of community betterment initiatives which may include, but not limited to, addressing substance abuse, mental health, safety, homelessness and the housing of at-risk populations.” Roll call vote to amend. 6 Yes: Jensen, Neitzert, Soehl, Starr, Barranco, Cole; 1 No: Merkouris. Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Jensen, Merkouris, Neitzert, Soehl, Barranco, Cole; 1 No: Starr. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: VACANT BUILDINGS. Sponsors: Council Members Soehl and Selberg A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 53-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 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 AMENDING CHAPTER 30: CITY COUNCIL, SUBCHAPTER: ORGANIZATION AND PROCEDURE, TO ESTABLISH A PROCESS TO REMOVE EMPLOYEES SUBJECT TO CITY COUNCIL DISCRETION. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 54-23. Roll call vote to adopt. 6 Yes: Jensen, Merkouris, Neitzert, Soehl, Barranco, Cole; 1 No: Starr. Motion Passed. 34. 2nd 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 Neitzert and seconded by Council Member Barranco to adopt Ordinance No. 55-23.  Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 35. 2nd 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 Barranco to adopt Ordinance No. 56-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 36. 2nd 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 Merkouris and seconded by Council Member Soehl to adopt Ordinance No. 57-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 37. 2nd 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 Jensen and seconded by Council Member Merkouris to adopt Ordinance No. 58-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 38. 2nd 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 adopt Ordinance No. 59-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 39. 2nd 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 Soehl and seconded by Council Member Barranco to adopt Ordinance No. 60-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 40. 2nd 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 Soehl and seconded by Council Member Jensen to adopt Ordinance No. 61-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 41. 1st Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 11, 2023 for Item 41.  Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING CONVEYANCE OF A PROPERTY FROM THE SIOUX FALLS DEVELOPMENT FOUNDATION, INC. TO THE CITY. THE CITY IS ACQUIRING THE PROPERTY TO COMBINE WITH AN EXISTING CITY PROPERTY, TO EXCHANGE PROPERTY WITH THE UNITED STATES GOVERNMENT AT A LATER APPROVED DATE. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, July 11, 2023 for Item 42. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159.218, RC RECREATION/CONSERVATION DISTRICT. Private Applicant(s): Minnehaha County Planning Staff A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 25, 2023 for Item 43. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 44. A RESOLUTION AMENDING THE 2023-2027 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 57-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 57-23 A RESOLUTION AMENDING THE 2023-2027 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2023–2027 Capital Program shall be amended as follows: Facilities Management Amend Capital Improvements Program Project No. 06016, Centralized Facilities Land Acquisition, by increasing the amount of funding for land by $1,250,000 in 2023. The  additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Fire Amend the Other Capital Expenditures Program by adding funding to the alerting system in 2023. The estimated additional cost is $500,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Public Works—Highways and Streets Amend Capital Improvements Program Project No. 11006, Arterial Street Improvements, by increasing the amount of funding for construction by $3,500,000 in 2023. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Parks and Recreation Amend Capital Improvements Program Project No. 14001, Falls Park Development/Jacobson Plaza, by increasing the amount of funding for construction by $5,500,000 in 2023. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance ($3,000,000) and a donation from the Sioux Falls Community Foundation ($2,500,000). Amend the Capital Improvements Program by adding a project, Elmwood Golf Course Clubhouse, in 2023. The estimated cost for construction is $4,100,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance ($3,500,000) and a transfer from Landscapes Golf Management golf course operating account held on behalf of the City ($600,000). Amend Capital Improvements Program Project No. 14014, River Greenway Improvements, by increasing the amount of funding for construction by $750,000 in 2023. The additional funding will require an increase in appropriations that will be funded from a donation from Lloyd Companies. Date adopted: 07/05/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 45. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE ESTATES OF SIOUX FALLS ADDITION (18102-2023). Private Applicant(s): Infrastructure Design Group, Inc. - Beau Koopal A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Resolution No. 58-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 58-23  A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE ESTATES OF SIOUX FALLS ADDITION (18102-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of The Estates of Sioux Falls 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: 07/05/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 46. A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPRHENSIVE PLAN LOCATED EAST OF S. SOUTHEASTERN AVE. AND SOUTH OF E. BISON TRL. AND NORTH OF FUTURE VETERAN’S PKWY. FROM TIER 3 TO TIER 1 IN THE FUTURE URBANIZED AREA, NO. FLUA-018091-2023. Private Applicant(s): T Squared LLC - Tim Stenberg A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Resolution No. 59-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 59-23 A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPRHENSIVE PLAN LOCATED EAST OF S. SOUTHEASTERN AVE. AND SOUTH OF E. BISON TRL. AND NORTH OF FUTURE VETERAN’S PKWY. FROM TIER 3 TO TIER 1 IN THE FUTURE URBANIZED AREA, NO. FLUA-018091-2023. WHEREAS, there has been presented to the Planning Commission an application for a development area change to the Shape Sioux Falls 2040 Comprehensive Plan; and WHEREAS, it has been determined that the following criteria have been met: 1. The proposed amendment is consistent with the goals, policies, and overall intent of the text within the comprehensive plan; 2. The proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property;  3. The proposed amendment achieves an arrangement of activities that promotes harmonious interaction and minimizes land use conflicts surrounding the subject property; 4. The proposed amendment would not adversely affect the environment, historic resources, natural resources, urban services, public facilities, and transportation system; 5. The proposed amendment is warranted by an approved engineering analysis in the form of a flow analysis report dated April 11, 2023, that found that 15.11 acres were capable to be served by the current city sanitary sewer service; 6. The proposed amendment would result in a logical and orderly development pattern; 7. The proposed amendment does not adversely affect any other part of the city, or create any direct or indirect adverse effects; and 8. The proposed amendment creates an undue impact on surrounding neighborhoods; whereas, proposed developments should be consistent with the physical characteristics of the surrounding neighborhoods or improves their living environment and quality of life. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are hereby amended from a Tier 3 to a Tier 1 in the Future Urbanized Area regarding the Development Areas Map of the Shape Sioux Falls 2040 Comprehensive Plan of Sioux Falls, South Dakota. Portion of Government Lot 2 (except Tract 1 of Maple Rock and Lot H-1 thereof) located in Section 18-T100N-R49W as Shown by Exhibit A, Lincoln County, SD Date adopted: 07/05/23 . Paul TenHaken, Mayor ATTEST: James David, Acting 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) 47. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: June 15, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sierra Broussard recognized Jo Pankonin for her contributions as a nurse and volunteer on numrerous boards. Chester Deyoung spoke about the city not having an easement for a sewer main on his property. David Zokaites spoke about Independence and Searches. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Soehl to adjourn at 7:35 p.m. Voice vote to adjourn. 7 Yes: Jensen, Merkouris, Neitzert, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk