City Council Meeting

MINUTES Regular City Council Meeting Wednesday, August 2, 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Sarah Cole 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church Mayor Paul TenHaken provided the Invocation. 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Item 22, Agenda Item 6 (22; Health; Homelessness Street Outreach Services Agreement; South Dakota Urban Indian Health, Inc.; $175,000; Implemented on the recommendation of homelessness taskforce; 23-0049); and Agenda Item 5, Approval of Minutes, the Informational Meeting of Tuesday, July 18, 2023, (to correct how the votes were recorded to amend the Executive Session) on the Regular Agenda for Council discussion. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES   Informational Meeting of Tuesday, July 18, 2023 A motion was made by Council Member Starr and seconded by Council Member Soehl to approve the Informational Meeting of Tuesday, July 18, 2023. A motion was made by Council Member Starr and seconded by Council Member Soehl to amend by adding after "Council Chair Selberg stated that the meeting would adjourn at the end of Executive Session, a new section, "Then Council Chair Selberg asked that the room be cleared of members of the Public for Executive Session. The doors of the Chamber were closed, and the Assistant City Clerk left. It was then discovered that an addition to the motion to enter the Executive Session was needed. The Council was advised by City Attorney David Pfeifle that a substitute motion could be made to correct the error." And after "A motion was made to amend entry into Executive Session" add "5:18 p.m.". And after "Voice vote to amend strike "0" and replace with "1 No: Starr". And strike "(None)". Roll call vote to amend. 1 Yes: Starr; 6 No: Selberg, Soehl, Barranco, Jensen, Merkouris, Neitzert. Motion Failed. A motion was made by Council Member Soehl and seconded by Council Member Barranco to amend by reflecting the No vote of Council Member Starr in the Roll Call for Executive Session. Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to amend by stating Council Member Merkouris made a motion to amend entry into Executive Session and it was seconded by Council Member Neitzert. Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed.  City Council Meeting of Tuesday, July 18, 2023  Special City Council Meeting of Tuesday, July 20, 2023  Informational Meeting of Tuesday, July 25, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 28, 2023. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Sub-Item 22 from Agenda Item 6.  Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated July 28, 2023. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Levitt at the Falls, 504 North Phillips Avenue, for events on August 3, 4, 5, 10, 11, 12, 13, 17, 18, 19, 24, 25, 26, 31 and September 1, 2, 7, 8, 9, 2023. 9. Special One-Day Liquor Licenses for Great Bear Recreation Park Inc., 5901 East Rice Street, for weddings on September 30 and October 28, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #33361, for 2020 property taxes in the amount of $5,560.96. Reason: The property is exempt from the tax. 11. Parcel #51310, for 2020 property taxes in the amount of $1,202.38. Reason: The property is exempt from the tax. 12. Parcel #51324, for 2020 property taxes in the amount of $1,344.98. Reason: The property is exempt from the tax. 13. Parcel #79091, for 2019 property taxes in the amount of $204.89. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 14. Parcel #79091, for 2020 property taxes in the amount of $202.71. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 15. Parcel #79091, for 2021 property taxes in the amount of $250.57. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 16. Parcel #79091, for 2022 property taxes in the amount of $292.92. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, August 15, 2023. New 2023 Restaurant On-Sale Liquor License for La Plaza Fiesta SD LLC, 521 West 85th Street. 18. Set a date of hearing for Tuesday, August 15, 2023. New 2023 Retail Wine License for Drybar, 4123 West 41st Street (CUP not required). 19. Set a date of hearing for Tuesday, August 15, 2023. New 2023-24 Retail Malt Beverage License, requesting off-sale use only, for Big Chiefin, 1403 West 12th Street, Suite 1 (CUP not required). 20. Set a date of hearing for Tuesday, August 15, 2023. New 2023-24 Retail Malt Beverage License for Backyard Grill, 3705 South Western Avenue. 21. Set a date of hearing for Tuesday, August 15, 2023. New 2023 Retail Liquor License for Quality Inn & Suites, 5410 North Granite Lane. 22. Set a date of hearing for Tuesday, August 15, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Friendly’s Fuel Stop, 3700 North Potsdam Avenue, to Circle K, 3700 North Potsdam Avenue. 23. Set a date of hearing for Tuesday, August 15, 2023. Transfer of 2023-24 Retail Malt Beverage License, from Friendly’s Fuel Stop, 3700 North Potsdam Avenue, Suite 100, to Circle K, 3700 North Potsdam Avenue, Suite 100. 24. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Malt Beverage License for HiFi Hair LLC to be operated at 205 East Sixth Street parking lot, for 605 Made Market on August 26, 2023. 25. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Malt Beverage License for Christ the King Church to be operated at 1801 South Lake Avenue, for a picnic on September 9, 2023. 26. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at 805 South Kiwanis Avenue parking lot, for a Hy-Vee Whiskey Fest on September 22, 2023. 27. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Vern Eide Motoplex, 4915 North Northview Avenue, for customer appreciation on August 19, 2023. 28. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for a banquet on August 29, 2023. 29. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at the Kirkeby-Over Stadium, 2700 South Lake Avenue, for a game on September 2, 2023. 30. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Malt Beverage License for Panacea Brewing Company LLC, to be operated at Special Olympics of South Dakota, 800 East I-90 Lane, for a fundraiser on September 16, 2023. 31. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Liquor Licenses for KJT LLC, to be operated at The Social, 301 South Thompson Avenue, for weddings on August 25 and September 3, 2023. 32. Set a date of hearing for Tuesday, August 15, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Blu on Lake Lorraine, 2301 South Lorraine Place, for an open house on August 24, 2023. REGULAR AGENDA 33. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend by placing Item 49 after Item 43. Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Sub-Item 22 from Agenda Item 6 was heard at this time. See item for action taken. Agenda Item 5, Approval of Minutes, Informational Meeting of Tuesday, July 18, 2023, was heard at this time. See item for action taken. UNFINISHED BUSINESS 34. 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. 35. New 2023-24 Retail Malt Beverage License for Coocessions LLC, 6200 South Cliff Avenue. 36. New 2023-24 Retail Malt Beverage license and New 2023 Retail Wine License for Altered Species Ales LLC, 2101 West 41st Street, Unit 25. 37. New 2023-24 Retail Malt Beverage License for The Den, 909 West Avenue North. 38. 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. 39. 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. 40. 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. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Item 34 through Item 40. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 41. 2nd 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 Barranco to adopt Ordinance No. 65-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 42. 2nd 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 Selberg and seconded by Council Member Jensen to adopt Ordinance No. 66-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 43. 2nd 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 Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 67-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Item 49 was heard at this time. See item for action taken. 44. 2nd 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 Soehl and seconded by Council Member Jensen to adopt Ordinance No. 68-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 45. 2nd 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 Selberg and seconded by Council Member Jensen to adopt Ordinance No. 69-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 46. 2nd 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 Neitzert and seconded by Council Member Selberg to defer to the August 15, 2023, City Council Meeting.  Roll call vote to defer. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 47. 2nd 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 adopt Ordinance No. 70-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 48. 2nd 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 Selberg and seconded by Council Member Jensen to adopt Ordinance No. 71-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 49. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF AURORA'S ADDITION (18233-2023). Private Applicant(s): Sayre Associates - Jeff Boldt A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 68-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 68-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF AURORA'S ADDITION (18233-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the preliminary plan of Aurora's 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: 08/02/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 50. A RESOLUTION OF INTENT TO ESTABLISH A LODGING ESTABLISHMENT OCCUPATION TAX AS AN ADDITIONAL MEANS OF FUNDING ELIGIBLE PROJECTS, IMPROVEMENTS, FACILITIES, AND ACTIVITIES WITHIN THE DOWNTOWN SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 69-23. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 69-23 A RESOLUTION OF INTENT TO ESTABLISH A LODGING ESTABLISHMENT OCCUPATION TAX AS AN ADDITIONAL MEANS OF FUNDING ELIGIBLE PROJECTS, IMPROVEMENTS, FACILITIES, AND ACTIVITIES WITHIN THE DOWNTOWN SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on October 23, 1989, the City of Sioux Falls established the Downtown Sioux Falls Business Improvement District and authorized the use of a special assessment pursuant to SDCL Ch. 9-55 for purposes authorized by said chapter; and WHEREAS, the City of Sioux Falls has determined the most fair and equitable method of funding eligible proposed projects, improvements, facilities, and activities in the Downtown Sioux Falls Business Improvement District necessitates the implementation of both special assessments and a lodging establishment occupation tax; and WHEREAS, pursuant to SDCL Ch. 9-55-2, the City of Sioux Falls is authorized to use both special assessment and occupation taxes for raising district funds; and WHEREAS, pursuant to SDCL 9-55, this resolution proposes the implementation and collection of a lodging establishment occupation tax and will be codified in City ordinance on the date of hearing; and WHEREAS, pursuant to SDCL 9-55-3, monies generated may be used for a variety of eligible purposes, including, but not limited to, the development, construction, and maintenance of improvements, facilities, and activities and promotion of events in the Downtown Sioux Falls Business Improvement District whether capital or noncapital in nature; and WHEREAS, the method for raising revenue through a lodging establishment occupation tax will be fair and equitable, and the actual use of funds shall be a primary factor in determining the fair and equitable application of any hotel/transient occupation tax; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. Proposed Authorization of Lodging Establishment Occupation Taxing Method. The City Council hereby expresses its intent to authorize a lodging establishment occupation tax to raise funds within the Downtown Sioux Falls Business Improvement District whose boundaries are set forth in Sec. 37-106 of the Revised Ordinances of Sioux Falls, SD. 2. Public Hearing. The City shall hold a public hearing on the proposed authorization of the lodging establishment occupation taxing method on Tuesday, September 12, 2023, at 6 p.m. in the Carnegie Town Hall, 235 W. Tenth St., Sioux Falls, SD. The City Clerk is hereby authorized and directed to (A) publish notice of the hearing in the official newspaper of the City not less than 30 days prior to the hearing date; and (B) mail a complete copy of the resolution of intent and the notice of hearing not less than 30 days prior to the hearing date to (i) each owner of taxable property as shown on the property tax roll for the proposed district; and (ii) the occupant of each address located in the proposed district. Such notice shall be substantially in the form attached hereto. 3. Proposed Collection and Use of Funds. In accordance with SDCL Ch. 9-55, it is proposed that a lodging establishment occupation tax be imposed on consenting lodging establishments within the district to the maximum allowed by SDCL Ch. 9- 55 per night per rented room for all lodging rooms within the Downtown Sioux Falls Business Improvement District, and that the proceeds of such occupation tax be used to pay for eligible projects, improvements, facilities, and activities approved in conjunction with the implementation of the tax. This resolution of intent proposes an occupation tax on transient guests up to the maximum allowed by SDCL Ch. 9-55 to be applied per room per night at the proposed The Canopy by Hilton at approximately 120 E. 4th Place, of which funds so collected may be used for expenses described specifically in paragraph 4. Any implementation and collection of a lodging establishment occupation tax will be by City ordinance and will establish the amount of the tax, the lodging establishments subject to this tax, the method of collection, any fines or punishment for failure to pay, and the allocation of funds to specific eligible projects, improvements, facilities, and activities allowed by SDCL Ch. 9-55, and approved by the City Council in this or a future notice of intent and the actual cost of such projects, improvements, facilities, and activities to a maximum of $3,575,000. 4. Specific Improvements, Facilities, and Activities. The funds collected from the lodging establishment occupation tax shall be used to pay for the projected and estimated costs of the following projects, improvements, facilities, and activities: Project Est. Amount Demolition $100,000  Site Development including Excavation, Earthwork and Fill, and Environmental Remediation $750,000 Public Greenway Access and Landscaping $650,000 Architectural, Engineering, Legal, and Other Fees $75,000 Skywalk $1,500,000 Public Artwork $500,000 TOTAL $3,575,000 5. Excess Funds. After sufficient funds have been collected to fully pay for the actual costs of the specific eligible projects, improvements, facilities, and activities set forth in paragraph 4 above, any excess lodging establishment occupation tax proceeds shall be paid over to Downtown Sioux Falls to be utilized to pay for other eligible projects, improvements, facilities, and activities within the district as authorized by current and future notices of intent, subject to Sioux Falls City Council approval, and applicable law. Date adopted: 08/02/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT There was none. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Jensen to adjourn at 7:29 p.m. Voice vote to adjourn. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk