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City Council Meeting

Regular Meeting

Sioux Falls, SD · October 3, 2023

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Minutes

MINUTES City Council Meeting Tuesday, October 3, 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 Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member Alex Jensen (via telecom) Absent: Council Member Curt Soehl, Council Member David Barranco, Council Member Sarah Cole, Mayor Paul TenHaken 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 19, 2023  City Council Meeting of Tuesday, September 19, 2023  Special City Council Meeting of Tuesday, September 22, 2023  Informational Meeting of Tuesday, September 26, 2023  Joint City Council / Lincoln County Commission Meeting of Tuesday, September 26, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 29, 2023. 7. Notice of change orders on the memorandum dated September 29, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Erin Gilpatrick to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S Perry Pl, on October 14, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Christen Kessler and Lennon Keller to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on October 15, 2023. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Devon Melillo to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on November 25, 2023. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 18, 2023; 7,500 Gallons of B20 Clear Diesel: Midway Service-Vollan Oil; B20 Clear Diesel ($4.04). Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. APPLICATIONS 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for East Dakotah Natural Foods Co-Op to be operated at 100 East 6th Street, for a member meeting on October 12, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #58894, for 2020 property taxes in the amount of $1,511.37. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #58894, for 2021 property taxes in the amount of $2,223.32. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #58894, for 2022 property taxes in the amount of $2,163.93. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #65866, for 2021 property taxes in the amount of $371.57. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #65866, for 2022 property taxes in the amount of $2,163.98. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #93994, for 2022 property taxes in the amount of $6,015.40. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 19. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for KHP Sioux Falls LLC, KPot, 2814 South Louise Avenue. 20. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for Birgers By U LLC, BB’s Pub, 5402 West University Trail. 21. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming Co. Inc., 151 East 4th Place, Suite 100A, to Commonwealth Gaming Co., Inc., 319 North West Avenue. 22. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for Commonwealth Gaming & Holdings Co. Inc., 151 East 4th Place, Suite 100A. 23. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Trifecta Holdings, Inc., Crown Casino Ellis 5, 2914 South Ellis Road, to Trifecta Holdings Inc., Crown Casino Ellis, 2910 South Ellis Road. 24. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for Trifecta Holdings Inc., Crown Casino Ellis 5, 2914 South Ellis Road. 25. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023 Retail Liquor License from Triple J Inc., 7400 East Oak Grove Trail, to Scapegoat Holdings, Scapegoat & Alibi, 7400 East Oak Grove Trail. 26. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 1, to MG Oil Company, Falls Casino, 3505 East 10th Street, Suite 1. 27. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 2, to MG Oil Company, Falls Casino 2, 3505 East 10th Street, Suite 2. 28. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 3, to MG Oil Company, Falls Casino 3, 3505 East 10th Street, Suite 3. 29. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Barn Inc., to be operated at 301 South Minnesota Ave, Unit 2, for a chamber mixer on October 26, 2023. 30. Set a date of hearing for Monday, October 16, 2023. Special One-Day Wine License for The History Club, 758 South Phillips Avenue, for jazz events on November 1, 2, 15 and 16, 2023. 31. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Community Indoor Tennis Center Inc., 4210 North Bobhalla Drive, for a fundraiser on November 3, 2023. 32. Set a date of hearing for Monday, October 16, 2023. Special One Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on November 17, 2023. 33. Set a date of hearing for Monday, October 16, 2023. Special One-Day Wine and Special One-Day Off-Sale Wine Licenses for GBS LLC, to be operated at 201 West 37th Street, for a wine tasting on December 2, 2023. 34. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for LifeScape, 4100 South Western Avenue, for a chamber mixer on May 14, 2024. 35. Set a date of hearing for Monday, October 16, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 21, 2023. 36. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One Day Wine Licenses for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for volleyball games on October 27 and 31, 2023. REGULAR AGENDA 37. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend by moving Item 76 immediately after Item 66 and by moving Item 77 immediately after Item 68. Roll call vote to amend. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 38. New 2023 Retail Liquor License for BT Investments LLC, 5231 West 26th Street. 39. New 2023 Retail Liquor License for MG Oil Company, 777 Casino East 4, 3601 South Minnesota Avenue, Suite B. 40. New 2023 Package Liquor License for Casey’s #2334, 701 South Sycamore Avenue. 41. New 2023 Package Liquor License for Casey’s #2351, 901 East Benson Road. 42. New 2023 Package Liquor License for Casey’s #3049, 3236 South Sycamore Avenue. 43. New 2023 Package Liquor License for Casey’s #4268, 1600 East 69th Street. 44. New 2023 Package Liquor License for Casey’s #4302, 6510 East Arrowhead Parkway. 45. New 2023 Package Liquor License for 7 Horse LLC, 1801 South Western Avenue. 46. New 2023 Retail Wine License and 2023-24 Retail Malt Beverage License for Ichifuji Ramen LLC, 1609 East 10th Street, with conditional use permit (CU-018539-2023) being approved on September 6, 2023. 47. New 2023-24 Retail Malt Beverage License for Duchess Investments LLC, Invictus Pizza Kitchen, 3901 West 49th Street, #103. 48. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1292, 8301 West 32nd Street. 49. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1217, 6301 East 41st Street. 50. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1285, 3310 North Cliff Avenue. 51. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1200, 4300 East 57th Street. 52. Transfer of 2023-24 Retail Malt Beverage License and Transfer of 2023 Retail Wine License from BKB Inc, Botski’s, 1914 South Sycamore Avenue #104, to Kramer Hospitality LLC, Botski’s, 1914 South Sycamore Avenue #104. 53. Special One-Day Liquor License for T Slat Inc, to be operated at Cherapa 2, 345 North Reid Place, for open house events on October 4 and 5, 2023. 54. Special One-Day Malt Beverage License and Special One-Day Wine License for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for a volleyball game on October 6, 2023. 55. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: MK Threads, 222 South Phillips Avenue, Friends of SDPB, 300 North Dakota Avenue #104, Intoxibakes, 421 North Phillips Avenue #111, JH & Sons, 216 South Phillips Avenue, Studio 20/20, 311 South Phillips Avenue #100, Chelsea’s Boutique, 220 South Phillips Avenue, Mint + Basil, 207 South Phillips Avenue, Premier Playhouse, 315 North Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Home Porch Gifts, 217 South Phillips Avenue, Holiday Inn City Center, 100 West 8th Street, Spice & Tea Exchange, 328 South Phillips Avenue, Lauriebelles, 206 South Phillips Avenue, Bechtold Jewelry, 325 South Phillips Avenue, Flynn Wright, 223 South Phillips Avenue, Rehfeld’s Art & Framing, 431 North Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Calvary Episcopal Cathedral, 500 South Main Avenue, Sticks & Steel, 401 East 8th Street #118, Veza, 330 South Phillips Avenue, Matchbox Candle Co., 124 South Phillips Avenue, 8th & Railroad Center, 401 East 8th Street #200A, Hotel on Phillips, 100 North Phillips Avenue, Brosia Bowl, 421 North Phillips Avenue #105, Rose & Eugene Presents, 701 North Phillips Avenue #135, for an Art & Wine Walk on October 6, 2023. 56. Special One-Day Liquor License for T Slat Inc, to be operated at Center for Active Generations, 5500 East Active Gen Place, for a Chamber mixer on October 10, 2023. 57. Special One-Day Liquor License for T Slat Inc., to be operated at 2101 West Burnside Street, for a whiskey tasting event on October 12, 2023. 58. Special One-Day Liquor License for T Slat Inc., to be operated at Cherpa 2, 345 North Reid Place, for a Bancorp open house on October 17, 2023. 59. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for Jazz events on October 18 and 19, 2023. 60. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Country Club of Sioux Falls to be operated at Dakota Riggers and Tool Supply, 704 East Benson Road, for a special event on October 20, 2023. 61. Special One-Day Liquor License for Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on October 21, 2023. 62. Special One-Day Liquor License for Sioux Falls YMCA to be operated at Leif Ericson Day Camp, 2301 East 26th Street, for an event on November 6, 2023. 63. Special One-Day Wine License for Sioux Falls Lutheran Booster Club to be operated at 6715 South Boe Lane, for a fundraiser on November 11, 2023. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to approve Items 38 through 63. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend Item 48 by changing the address from 8301 to 8401 W. 32nd St. Roll call vote to amend. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 64. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 9TH ST. AND WEST OF N. MARION RD. FROM THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I 1 LIGHT INDUSTRIAL DISTRICT, NO. 18490-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Maricar Limited Partnership – James Soukup A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Ordinance No. 89-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. 65. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 23RD ST. AND WEST OF S. MINNESOTA AVE. FROM THE LW LIVE-WORK DISTRICT TO THE MMU2 MIDTOWN MIXED- USE—MODERATE DENSITY DISTRICT, NO. 18525-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Hawkeye Investment Properties, LLC – Jonah Luzier A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Ordinance No. 90-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. 66. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF SD HWY 11 FROM THE C 3 COMMERCIAL—COMMUNITY DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 18555-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Nielson Development, LLC – Kelly Nielson A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Ordinance No. 91-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. Item 76 was heard at this time. See item for action taken. 67. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2800 N. LOUISE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, NO. 18570-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JLG Architects – Justin Merkovich A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Ordinance No. 92-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. 68. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND EAST OF N. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND LW LIVE-WORK DISTRICTS, NO. 18520-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Eastside Acres, LLC – Jesse Deffenbaugh A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Ordinance No. 93-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. Item 77 was heard at this time. See item for action taken. 69. 2nd Reading: Deferred from the Meeting of Tuesday, October 3, 2023; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3520 S. GATEWAY LN. FROM THE O OFFICE DISTRICT TO THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 18540-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Peska Properties Inc. – Gene Peska A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Item 69. A substitute motion was made by Council Member Neitzert and seconded by Council Member Starr to defer to the meeting of Tuesday, October 10, 2023. Roll call vote to defer. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. 70. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 18TH ST. AND WEST OF S. 7TH AVE. FROM THE RT 1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 18560-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5- 0). Private Applicant(s): Woods Fuller P.C. - Sander Kline A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Ordinance No. 94-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE EXCHANGE OF CITY LAND AND EASEMENTS WITH THE SIOUX FALLS REGIONAL AIRPORT AUTHORITY. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, October 10, 2023 for Item 71. Roll call vote to set a date of 2nd Reading. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 36: FINANCES, SUBCHAPTER: PURCHASING. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, October 10, 2023 for Item 72. Roll call vote to set a date of 2nd Reading. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 73. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE CITY OF COLTON, SOUTH DAKOTA FIRE DEPARTMENT Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Resolution No. 108-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 108-23 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE CITY OF COLTON, SOUTH DAKOTA FIRE DEPARTMENT. WHEREAS, the City owns an Eagle air compressor SCBA fill station identified with Asset No. SF080132 and Serial No. 63776301; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property that is held or owned by it, the title to which has been obtained and that is not held for public use or is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property that the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose it was acquired; and WHEREAS, the above-described personal property is no longer necessary, useful, or suitable for the purpose it was acquired by the City and has been declared as surplus; and WHEREAS, the City of Colton, South Dakota Fire Department finds it desirable to acquire said property; and WHEREAS, the City of Colton is a political subdivision of the State of South Dakota; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That, pursuant to SDCL Chapter 6-13, the Eagle air compressor SCBA fill station identified above is surplus property that is no longer necessary, useful, or suitable for the purpose it was acquired; and Section 3. That the gifting for a public purpose by the City of Sioux Falls of the Eagle air compressor SCBA fill station to the City of Colton, South Dakota Fire Department is hereby approved. Date adopted: 10/03/23 . Erica Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, Asst. City Clerk for Jermery J. Washington, City Clerk 74. A RESOLUTION IN SUPPORT OF C.R. LLOYD ASSOCIATES, INC.’S APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Resolution No. 109-23. Roll call vote to adopt. 4 Yes: Merkouris, Neitzert, Selberg, Starr; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 109-23 A RESOLUTION IN SUPPORT OF C.R. LLOYD ASSOCIATES, INC.’S APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. WHEREAS, the City of Sioux Falls has received preliminary plans from C.R. Lloyd Associates, Inc. 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; 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, SD. Date adopted: 10/03/23 . Erica Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, Asst. City Clerk for Jermery J. Washington, City Clerk 75. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FOSS FIELDS ADDITION (18563-2023). Private Applicant(s): Infrastructure Design Group, Inc. – Beau Koopal A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Resolution No. 110-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 110-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FOSS FIELDS ADDITION (18563-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Foss Fields 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: 10/03/23 . Erica Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, Asst. City Clerk for Jermery J. Washington, City Clerk 76. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF LIBERTY RIDGE ADDITION (18553-2023). Private Applicant(s): Nielson Development, LLC – Kelly Nielson A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Resolution No. 111-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 111-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF LIBERTY RIDGE ADDITION (18553-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Liberty Ridge Addition to the City of Sioux Falls, Lincoln 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: 10/03/23 . Erica Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, Asst. City Clerk for Jermery J. Washington, City Clerk 77. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE SANCTUARY ADDITION (15988-2022). Private Applicant(s): Eastside Acres, LLC – Jesse Deffenbaugh A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Resolution No. 112-23. Roll call vote to adopt. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 112-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE SANCTUARY ADDITION (15988-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of The Sanctuary 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: 10/03/23 . Erica Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, Asst. City Clerk for Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about reducing alcoholism. Scott Ehrisman spoke about a TIF project and transparency in government. Michael Stangeland spoke about constructive conversations between the City Council and public. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Merkouris to adjourn at 9 p.m. Voice vote to adjourn. 5 Yes: Merkouris, Neitzert, Selberg, Starr, Jensen; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, October 3, 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 Rich Merkouris 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 Mayor Paul TenHaken 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 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, September 19, 2023  City Council Meeting of Tuesday, September 19, 2023  Special City Council Meeting of Tuesday, September 22, 2023  Informational Meeting of Tuesday, September 26, 2023  Joint City Council / Lincoln County Commission Meeting of Tuesday, September 26, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 29, 2023. 7. Notice of change orders on the memorandum dated September 29, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Erin Gilpatrick to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S Perry Pl, on October 14, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Christen Kessler and Lennon Keller to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on October 15, 2023. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Devon Melillo to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on November 25, 2023. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 18, 2023; 7,500 Gallons of B20 Clear Diesel: Midway Service-Vollan Oil; B20 Clear Diesel ($4.04). Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. APPLICATIONS 12. Special One-Day Malt Beverage and Special One-Day Wine Licenses for East Dakotah Natural Foods Co-Op to be operated at 100 East 6th Street, for a member meeting on October 12, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #58894, for 2020 property taxes in the amount of $1,511.37. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #58894, for 2021 property taxes in the amount of $2,223.32. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #58894, for 2022 property taxes in the amount of $2,163.93. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #65866, for 2021 property taxes in the amount of $371.57. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #65866, for 2022 property taxes in the amount of $2,163.98. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #93994, for 2022 property taxes in the amount of $6,015.40. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 19. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for KHP Sioux Falls LLC, KPot, 2814 South Louise Avenue. 20. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for Birgers By U LLC, BB’s Pub, 5402 West University Trail. 21. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming Co. Inc., 151 East 4th Place, Suite 100A, to Commonwealth Gaming Co., Inc., 319 North West Avenue. 22. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for Commonwealth Gaming & Holdings Co. Inc., 151 East 4th Place, Suite 100A. 23. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Trifecta Holdings, Inc., Crown Casino Ellis 5, 2914 South Ellis Road, to Trifecta Holdings Inc., Crown Casino Ellis, 2910 South Ellis Road. 24. Set a date of hearing for Monday, October 16, 2023. New 2023 Retail Liquor License for Trifecta Holdings Inc., Crown Casino Ellis 5, 2914 South Ellis Road. 25. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023 Retail Liquor License from Triple J Inc., 7400 East Oak Grove Trail, to Scapegoat Holdings, Scapegoat & Alibi, 7400 East Oak Grove Trail. 26. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 1, to MG Oil Company, Falls Casino, 3505 East 10th Street, Suite 1. 27. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 2, to MG Oil Company, Falls Casino 2, 3505 East 10th Street, Suite 2. 28. Set a date of hearing for Monday, October 16, 2023. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from The Gold Mine Inc., Falls Casino, 3505 East 10th Street, Suite 3, to MG Oil Company, Falls Casino 3, 3505 East 10th Street, Suite 3. 29. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Barn Inc., to be operated at 301 South Minnesota Ave, Unit 2, for a chamber mixer on October 26, 2023. 30. Set a date of hearing for Monday, October 16, 2023. Special One-Day Wine License for The History Club, 758 South Phillips Avenue, for jazz events on November 1, 2, 15 and 16, 2023. 31. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Community Indoor Tennis Center Inc., 4210 North Bobhalla Drive, for a fundraiser on November 3, 2023. 32. Set a date of hearing for Monday, October 16, 2023. Special One Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be operated at 4712 East Alpine Circle, for a fundraiser on November 17, 2023. 33. Set a date of hearing for Monday, October 16, 2023. Special One-Day Wine and Special One-Day Off-Sale Wine Licenses for GBS LLC, to be operated at 201 West 37th Street, for a wine tasting on December 2, 2023. 34. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for LifeScape, 4100 South Western Avenue, for a chamber mixer on May 14, 2024. 35. Set a date of hearing for Monday, October 16, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 21, 2023. 36. Set a date of hearing for Monday, October 16, 2023. Special One-Day Malt Beverage and Special One Day Wine Licenses for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for volleyball games on October 27 and 31, 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. 37. 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). 38. New 2023 Retail Liquor License for BT Investments LLC, 5231 West 26th Street. 39. New 2023 Retail Liquor License for MG Oil Company, 777 Casino East 4, 3601 South Minnesota Avenue, Suite B. 40. New 2023 Package Liquor License for Casey’s #2334, 701 South Sycamore Avenue. 41. New 2023 Package Liquor License for Casey’s #2351, 901 East Benson Road. 42. New 2023 Package Liquor License for Casey’s #3049, 3236 South Sycamore Avenue. 43. New 2023 Package Liquor License for Casey’s #4268, 1600 East 69th Street. 44. New 2023 Package Liquor License for Casey’s #4302, 6510 East Arrowhead Parkway. 45. New 2023 Package Liquor License for 7 Horse LLC, 1801 South Western Avenue. 46. New 2023 Retail Wine License and 2023-24 Retail Malt Beverage License for Ichifuji Ramen LLC, 1609 East 10th Street, with conditional use permit (CU-018539-2023) being approved on September 6, 2023. 47. New 2023-24 Retail Malt Beverage License for Duchess Investments LLC, Invictus Pizza Kitchen, 3901 West 49th Street, #103. 48. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1292, 8301 West 32nd Street. 49. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1217, 6301 East 41st Street. 50. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1285, 3310 North Cliff Avenue. 51. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1200, 4300 East 57th Street. 52. Transfer of 2023-24 Retail Malt Beverage License and Transfer of 2023 Retail Wine License from BKB Inc, Botski’s, 1914 South Sycamore Avenue #104, to Kramer Hospitality LLC, Botski’s, 1914 South Sycamore Avenue #104. 53. Special One-Day Liquor License for T Slat Inc, to be operated at Cherapa 2, 345 North Reid Place, for open house events on October 4 and 5, 2023. 54. Special One-Day Malt Beverage License and Special One-Day Wine License for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for a volleyball game on October 6, 2023. 55. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: MK Threads, 222 South Phillips Avenue, Friends of SDPB, 300 North Dakota Avenue #104, Intoxibakes, 421 North Phillips Avenue #111, JH & Sons, 216 South Phillips Avenue, Studio 20/20, 311 South Phillips Avenue #100, Chelsea’s Boutique, 220 South Phillips Avenue, Mint + Basil, 207 South Phillips Avenue, Premier Playhouse, 315 North Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Home Porch Gifts, 217 South Phillips Avenue, Holiday Inn City Center, 100 West 8th Street, Spice & Tea Exchange, 328 South Phillips Avenue, Lauriebelles, 206 South Phillips Avenue, Bechtold Jewelry, 325 South Phillips Avenue, Flynn Wright, 223 South Phillips Avenue, Rehfeld’s Art & Framing, 431 North Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Calvary Episcopal Cathedral, 500 South Main Avenue, Sticks & Steel, 401 East 8th Street #118, Veza, 330 South Phillips Avenue, Matchbox Candle Co., 124 South Phillips Avenue, 8th & Railroad Center, 401 East 8th Street #200A, Hotel on Phillips, 100 North Phillips Avenue, Brosia Bowl, 421 North Phillips Avenue #105, Rose & Eugene Presents, 701 North Phillips Avenue #135, for an Art & Wine Walk on October 6, 2023. 56. Special One-Day Liquor License for T Slat Inc, to be operated at Center for Active Generations, 5500 East Active Gen Place, for a Chamber mixer on October 10, 2023. 57. Special One-Day Liquor License for T Slat Inc., to be operated at 2101 West Burnside Street, for a whiskey tasting event on October 12, 2023. 58. Special One-Day Liquor License for T Slat Inc., to be operated at Cherpa 2, 345 North Reid Place, for a Bancorp open house on October 17, 2023. 59. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for Jazz events on October 18 and 19, 2023. 60. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Country Club of Sioux Falls to be operated at Dakota Riggers and Tool Supply, 704 East Benson Road, for a special event on October 20, 2023. 61. Special One-Day Liquor License for Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on October 21, 2023. 62. Special One-Day Liquor License for Sioux Falls YMCA to be operated at Leif Ericson Day Camp, 2301 East 26th Street, for an event on November 6, 2023. 63. Special One-Day Wine License for Sioux Falls Lutheran Booster Club to be operated at 6715 South Boe Lane, for a fundraiser on November 11, 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)). 64. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 9TH ST. AND WEST OF N. MARION RD. FROM THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I 1 LIGHT INDUSTRIAL DISTRICT, NO. 18490-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Maricar Limited Partnership – James Soukup Background & Objective: The purpose of this rezone is to match the adjacent zoning for future industrial development. 65. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 23RD ST. AND WEST OF S. MINNESOTA AVE. FROM THE LW LIVE-WORK DISTRICT TO THE MMU2 MIDTOWN MIXED- USE—MODERATE DENSITY DISTRICT, NO. 18525-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Hawkeye Investment Properties, LLC – Jonah Luzier Background & Objective: The purpose of this rezoning is to construct a 4-story mixed use building along Minnesota Ave. 66. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF SD HWY 11 FROM THE C 3 COMMERCIAL—COMMUNITY DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 18555-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Nielson Development, LLC – Kelly Nielson Background & Objective: The purpose of this rezoning is to allow for town home, twin home, and single family residential. 67. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2800 N. LOUISE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, NO. 18570-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JLG Architects – Justin Merkovich Background & Objective: The purpose of this rezoning is to allow a multi-story commercial and residential mixed use building. 68. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND EAST OF N. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND LW LIVE-WORK DISTRICTS, NO. 18520-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Eastside Acres, LLC – Jesse Deffenbaugh Background & Objective: The purpose of this rezoning is for a large lot single family residential development with an area of potential office or multi-family near Madison St. 69. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3520 S. GATEWAY LN. FROM THE O OFFICE DISTRICT TO THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 18540-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Peska Properties Inc. – Gene Peska Background & Objective: This request is to rezone the property to C-2 Commercial to allow for a doggie daycare/kennel. A conditional use permit would be required for this use within the C-2 district. 70. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 18TH ST. AND WEST OF S. 7TH AVE. FROM THE RT 1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 18560-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5- 0). Private Applicant(s): Woods Fuller P.C. - Sander Kline Background & Objective: The purpose of this rezoning is to allow the development of an office building. 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). 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE EXCHANGE OF CITY LAND AND EASEMENTS WITH THE SIOUX FALLS REGIONAL AIRPORT AUTHORITY. Recommendation: Set a date of 2nd Reading for Tuesday, October 10, 2023. Sponsor: Mayor Background & Objective: To surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired and to exchange property with the Sioux Falls Regional Airport Authority. 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 36: FINANCES, SUBCHAPTER: PURCHASING. Recommendation: Set a date of 2nd Reading for Tuesday, October 10, 2023. Sponsors: Council Members Merkouris and Soehl Background & Objective: The proposal requires council approval of contract that are in excess of $100,000 per vendor, for each calendar year. Those contracts involving the expenditure of funds less than $100,000 will be noticed on the agenda. The proposal requires that all contract subject to council approval be delivered to the City Clerk and placed on the consent agenda. Contracts/agreements that are subject to the state's executive session laws will no require council approval. Existing ordinances that duplicate SDCL are removed. 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). 73. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE CITY OF COLTON, SOUTH DAKOTA FIRE DEPARTMENT Sponsor: Mayor Background & Objective: Fire has replaced a 2006 Eagle Air Compressor SCBA fill station this year. The City of Colton Fire Department can use the item and Fire will donate it to them. 74. A RESOLUTION IN SUPPORT OF C.R. LLOYD ASSOCIATES, INC.’S APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT FUNDING. Sponsor: Mayor Background & Objective: On February 1, 2023, the Housing Infrastructure Fund was created, to be administered by South Dakota Housing, for the purpose of making loans and grants for housing infrastructure projects. 75. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FOSS FIELDS ADDITION (18563-2023). Private Applicant(s): Infrastructure Design Group, Inc. – Beau Koopal Background & Objective: This is a preliminary plan for a new commercial, office, and multi-family residential subdivision. 76. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF LIBERTY RIDGE ADDITION (18553-2023). Private Applicant(s): Nielson Development, LLC – Kelly Nielson Background & Objective: This is the preliminary plan for a new residential development. 77. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE SANCTUARY ADDITION (15988-2022). Private Applicant(s): Eastside Acres, LLC – Jesse Deffenbaugh Background & Objective: This is a preliminary plan for a new residential and live/work subdivision. 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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