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City Council Meeting

Regular Meeting

Sioux Falls, SD · July 18, 2023

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Minutes

MINUTES City Council Meeting Tuesday, July 18, 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen (arr. 6:03 p.m.), Council Member Rich Merkouris, Mayor Paul TenHaken Absent: None 2. INVOCATION  Senior Pastor Larry Forristall, New Beginning Faith Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place the following three items from Agenda Item 6 on the Reguar Agenda for Council discussion: Sub-Item 1 - Mass Transit, On-Demand Software Renewal, Pantonium Inc., $105,500, 19-0158; Sub-Item 2 - Health, Joint Participation Agreement for cooperative funding of the Link, August 1, 2023 through July 31, 2026; Sanford Medical Center, Avera McKennan Hospital, Minnehaha County, Sioux Empire Triage Center, establishes Contribution Rates, see attached, 23-4068; and Sub-Item 8 - Facilities, Amendment to the Maintenance and Use Agreement for Triage Center, agreement covers the utilization of the City's camera and access control system, webpage access, and maintenance of the Triage Center premises, extends the agreement through December 31, 2024, Avera McKennan Sioux Empire Triage Center D/B/A The Link, $0, 21-4071. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 11, 2023  City Council Meeting of Tuesday, July 11, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 14, 2023. A motion was made by Council Member Jensen and seconded by Council Member Selberg to approve Sub-Item 1 - Mass Transit, On-Demand Software Renewal, Pantonium Inc., $105,500, 19-0158. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Barranco, Cole, Jensen, Merkouris; 1 No: Starr. Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Sub-Item 2 - Health, Joint Participation Agreement for cooperative funding of the Link, August 1, 2023 through July 31, 2026; Sanford Medical Center, Avera McKennan Hospital, Minnehaha County, Sioux Empire Triage Center, Establishes Contribution Rates, see attached, 23-4068. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve Sub-Item 8 - Facilities, Amendment to the Maintenance and Use Agreement for Triage Center, Agreement covers the utilization of the City's camera and access control system, webpage access, and maintenance of the Triage Center premises, extends the agreement through December 31, 2024, Avera McKennan Sioux Empire Triage Center D/B/A The Link, $0, 21-4071. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Ian Peterson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on September 15, 2023. APPLICATIONS 8. Special One-Day Liquor Licenses for Great Bear, 5901 East Rice Street, for weddings on July 21, September 9, 22 and 23, 2023. NOTICE OF HEARINGS 9. Set a date of hearing for Wednesday, August 2, 2023. Transfers of 2023-24 Retail Malt Beverage license and 2023 Wine License for Lupulin Brewing LLC, 2425 South Shirley Avenue, Suite 112 to expand their licensed premise to include their leased outdoor parking spots. 10. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt Beverage License for Coocessions LLC, 6200 South Cliff Avenue. 11. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt Beverage license and New 2023 Retail Wine License for Altered Species Ales LLC, 2101 West 41st Street, Unit 25. 12. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt Beverage License for The Den, 909 West Avenue North. 13. Set a date of hearing for Wednesday, August 2, 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 August 31, 2023. 14. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at Howard Wood Field, 1200 North Western Avenue, for Sioux Falls marathon on August 27, 2023. 15. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Liquor License for Blue Haven Barn to be operated at Bank Midwest, 225 South Minnesota Avenue, for a chamber mixer on August 8, 2023. 16. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 17. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 18. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 19. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 20. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. Sponsor: Mayor REGULAR AGENDA 21. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Item 6 was heard at this time. See item for action taken. UNFINISHED BUSINESS 22. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for Candylicious Allure, 4708 East 41st Street. 23. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for Active Generations, 5500 East Active Gen Place. 24. New 2023-24 Retail Malt Beverage License for Gash Barka, 2412 East 10th Street. 25. New 2023-24 Retail Malt Beverage License for Urban Chislic, 431 West 85th Street. 26. 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. 27. 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. 28. 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. 29. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2801 Jaycee Lane, for the airshow on July 29-30, 2023. 30. 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. 31. 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. 32. 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. A motion was made by Council Member Neitzert and seconded by Council Member Barranco to withdraw the 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, at the request of the applicant. Roll call vote to withdraw. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve remaining items under Unfinished Business except for the withdrawn item. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 77TH ST. AND EAST OF S. CLIFF AVE. FROM THE CN CONSERVATION, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO THE CN CONSERVATION AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 18219-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Cliff Bend Properties LLC – Brent Bargmann A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 77TH ST. AND WEST OF S. CLIFF AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18252-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): 1120 Properties, LLC - Richard Naser A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MADISON ST. AND EAST OF N. LA MESA DR. FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 18108-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Sayre Associates - Jeff Boldt A motion was made by Council Member Soehl and seconded by Council Member Cole to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND WEST OF N. MARION RD. FROM THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 18203-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Signature Companies, LLC – Dave Jibben A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY. AND EAST OF S. HEIN AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 18195-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Signature Companies, LLC – Dave Jibben A motion was made by Council Member Cole and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 628 S. DAKOTA AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18218-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Kingdom Boundaries Prison Aftercare – Jeff Haverhals A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Cole, Jensen, Merkouris; 1 No: Barranco. Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 26TH ST. AND EAST OF I-229. FROM THE CN CONSERVATION DISTRICT TO THE REC RECREATION DISTRICT, NO. 18268- 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): YMCA – Michael Murphy A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER: OFF-PREMISES SIGNS, TO ALLOW FOR AN OFF-PREMISES SIGN ON CERTAIN PROPERTIES WITH THE OPEN2 FORM. Sponsors: Council Members Jensen and Neitzert A motion was made by Council Member Jensen and seconded by Council Member Neitzert to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 41. A RESOLUTION IN SUPPORT OF THE CITY OF SIOUX FALLS, DEPARTMENT OF PUBLIC WORKS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 64-23. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 64-23 A RESOLUTION IN SUPPORT OF THE CITY OF SIOUX FALLS, DEPARTMENT OF PUBLIC WORKS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. WHEREAS, the City of Sioux Falls has received preliminary plans for the public infrastructure proposed in the application for HIFP funds and desires assistance from the South Dakota Housing Development Authority for the purpose of providing housing development in South Dakota by providing grants and loans for housing infrastructure; and WHEREAS, the above referenced plans have been presented and have shown to satisfy the requirements of the City of Sioux Falls; and WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply, water treatment facilities, and wastewater treatment facilities to support this public infrastructure; and WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing maintenance responsibility by the City of Sioux Falls; and WHEREAS, the City of Sioux Falls, by way of this resolution, hereby approves of this proposed housing infrastructure project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls, South Dakota. Date adopted: 07/18/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 42. A RESOLUTION IN SUPPORT OF AFFORDABLE HOUSING SOLUTIONS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 65-23. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 65-23 A RESOLUTION IN SUPPORT OF AFFORDABLE HOUSING SOLUTIONS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. WHEREAS, the City of Sioux Falls has received preliminary plans from Affordable Housing Solutions for the public infrastructure proposed in the application for HIFP funds and desires assistance from the South Dakota Housing Development Authority for the purpose of providing housing development in South Dakota by providing grants and loans for housing infrastructure; and WHEREAS, the above referenced plans have been presented and have shown to satisfy the requirements of the City of Sioux Falls; and WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply, water treatment facilities, and wastewater treatment facilities to support this public infrastructure; and WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing maintenance responsibility by the City of Sioux Falls; and WHEREAS, the City of Sioux Falls, by way of this resolution, hereby approves of this proposed housing infrastructure project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls, South Dakota. Date adopted: 07/18/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 43. A RESOLUTION IN SUPPORT OF SOUTH EASTERN DEVELOPMENT FOUNDATION’S APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 66-23. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 66-23 A RESOLUTION IN SUPPORT OF SOUTH EASTERN DEVELOPMENT FOUNDATION’S APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. WHEREAS, the City of Sioux Falls has received preliminary plans from South Eastern Development Foundation for the public infrastructure proposed in the application for HIFP funds and desires assistance from the South Dakota Housing Development Authority for the purpose of providing housing development in South Dakota by providing grants and loans for housing infrastructure; and WHEREAS, the above referenced plans have been presented and have shown to satisfy the requirements of the City of Sioux Falls; and WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply, water treatment facilities, and wastewater treatment facilities to support this public infrastructure; and WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing maintenance responsibility by the City of Sioux Falls; and WHEREAS, the City of Sioux Falls, by way of this resolution, hereby approves of this proposed housing infrastructure project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls, South Dakota. Date adopted: 07/18/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Soehl to adopt Resolution No. 67-23. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 67-23 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Alayna Holmstrom Civil Service Board Reappointed. Mike Gray Planning Commission Appointed for a term from August 2023 to August 2028. Jeff Barth Siouxland Heritage Museum Appointed for a term from August Board 2023 to August 2026. (Replacing Dianne Metli.) Arthur Kriens III Siouxland Heritage Museum Appointed for a term from August Board 2023 to August 2026. (Replacing Allison Struck.) Doug Geiken Solid Waste Planning Board Appointed for a term from August 2023 to August 2026. (SD Multi- Housing Association replacing Ron Sauby.) Jarrod Otta Solid Waste Planning Board Appointed for a term from August 2023 to August 2026. (Business community replacing Greg Bertsch.) Ruby Zuraff Solid Waste Planning Board Appointed for a term from August 2023 to August 2026. (Hauling industry representative replacing Cindy Neuroth.) David Locke Zoning Board of Adjustment Reappointed. Jesse Morris Zoning Board of Adjustment Reappointed. Levi Pfeil Zoning Board of Adjustment Appointed for a term from August 2023 to August 2026. Date adopted: 07/18/23 . 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) 45. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: June 30, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Robert Kolbe spoke about citizens usage of governmental services. Terry Bultje spoke about E-Bicycles. Nicky Loyd spoke about inhabitable city property. Chester Deyoung spoke about city ordinances that cover sewer mains, Sierra Broussard spoke about activism, code enforcement, and follow up on citizen complaints. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn the meeting at 8:25 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, July 18, 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 Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Mayor Paul TenHaken 2. INVOCATION  Senior Pastor Larry Forristall, New Beginning Faith 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, July 11, 2023  City Council Meeting of Tuesday, July 11, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 14, 2023. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Ian Peterson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on September 15, 2023. APPLICATIONS 8. Special One-Day Liquor Licenses for Great Bear, 5901 East Rice Street, for weddings on July 21, September 9, 22 and 23, 2023. NOTICE OF HEARINGS 9. Set a date of hearing for Wednesday, August 2, 2023. Transfers of 2023-24 Retail Malt Beverage license and 2023 Wine License for Lupulin Brewing LLC, 2425 South Shirley Avenue, Suite 112 to expand their licensed premise to include their leased outdoor parking spots. 10. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt Beverage License for Coocessions LLC, 6200 South Cliff Avenue. 11. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt Beverage license and New 2023 Retail Wine License for Altered Species Ales LLC, 2101 West 41st Street, Unit 25. 12. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt Beverage License for The Den, 909 West Avenue North. 13. Set a date of hearing for Wednesday, August 2, 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 August 31, 2023. 14. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at Howard Wood Field, 1200 North Western Avenue, for Sioux Falls marathon on August 27, 2023. 15. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Liquor License for Blue Haven Barn to be operated at Bank Midwest, 225 South Minnesota Avenue, for a chamber mixer on August 8, 2023. 16. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 17. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 18. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 19. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 20. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. Sponsor: Mayor 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. 21. 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). 22. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for Candylicious Allure, 4708 East 41st Street. 23. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for Active Generations, 5500 East Active Gen Place. 24. New 2023-24 Retail Malt Beverage License for Gash Barka, 2412 East 10th Street. 25. New 2023-24 Retail Malt Beverage License for Urban Chislic, 431 West 85th Street. 26. 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. 27. 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. 28. 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. 29. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2801 Jaycee Lane, for the airshow on July 29-30, 2023. 30. 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. 31. 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. 32. 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. 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 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). 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 77TH ST. AND EAST OF S. CLIFF AVE. FROM THE CN CONSERVATION, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO THE CN CONSERVATION AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 18219-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): Cliff Bend Properties LLC – Brent Bargmann Background & Objective: The purpose of this rezoning is to allow for future commercial development while recognizing the drainage areas with conservation zoning. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 77TH ST. AND WEST OF S. CLIFF AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18252-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): 1120 Properties, LLC - Richard Naser Background & Objective: The purpose of this rezoning is to allow a small piece of land to be platted into the existing office parcel to the south. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MADISON ST. AND EAST OF N. LA MESA DR. FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 18108-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): Sayre Associates - Jeff Boldt Background & Objective: This rezoning will allow for a future residential development. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BENSON RD. AND WEST OF N. MARION RD. FROM THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 18203-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): Signature Companies, LLC – Dave Jibben Background & Objective: The purpose of this rezoning is to allow the applicant to construct 50-unit apartment buildings. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY. AND EAST OF S. HEIN AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 18195-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): Signature Companies, LLC – Dave Jibben Background & Objective: The purpose of this rezoning is to allow the construction of an office building. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 628 S. DAKOTA AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18218-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. 218-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5- 1). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): Kingdom Boundaries Prison Aftercare – Jeff Haverhals Background & Objective: The purpose of this rezoning would be to allow the renovation of the existing apartment complex into a halfway house. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 26TH ST. AND EAST OF I-229. FROM THE CN CONSERVATION DISTRICT TO THE REC RECREATION DISTRICT, NO. 18268- 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Private Applicant(s): YMCA – Michael Murphy Background & Objective: Th purpose of this request is to match the zoning to the current use of the property. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER: OFF-PREMISES SIGNS, TO ALLOW FOR AN OFF-PREMISES SIGN ON CERTAIN PROPERTIES WITH THE OPEN2 FORM. Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023. Sponsors: Council Members Jensen and Neitzert Background & Objective: The proposed amendment would allow off-premises signs in the OPEN2 form when the principal use is a cultural facility AND the off-premises sign is located adjacent to an interstate. 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). 41. A RESOLUTION IN SUPPORT OF THE CITY OF SIOUX FALLS, DEPARTMENT OF PUBLIC WORKS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor Background & Objective: This item was unanimously supported by the Accessible Housing Advisory Board. This resolution is in support of the City's application for the Housing Infrastructure Finance Program grant. 42. A RESOLUTION IN SUPPORT OF AFFORDABLE HOUSING SOLUTIONS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor Background & Objective: This item received unanimous support from the Accessible Housing Advisory Board. This is a resolution of support for Affordable Housing Solution's application for Housing Infrastructure Financing Program grant funds. 43. A RESOLUTION IN SUPPORT OF SOUTH EASTERN DEVELOPMENT FOUNDATION’S APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor Background & Objective: This item received unanimous support from the Accessible Housing Advisory Board. This is a resolution of support for SEDF's application for Housing Infrastructure Financing Program grant funds. 44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor Background & Objective: The Resolution appoints/reappoints members to the: Civil Service Board; Planning Commission; Siouxland Heritage Museum Board; Solid Waste Planning Board; and Zoning Board of Adjustment. 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. 45. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: June 30, 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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