City Council Meeting

MINUTES Regular City Council Meeting Tuesday, March 5, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Fred Wilgenburg, New Roots Ministry 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 20, 2024  City Council Meeting of Tuesday, February 20, 2024  Informational Meeting of Tuesday, February 27, 2024  Joint City Council / Minnehaha County Commission Meeting of Tuesday, February 27, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated March 1, 2024. APPLICATIONS 7. Special One-Day Malt Beverage License for Williquors Inc, to be operated at the Old Courthouse Museum, 200 West 6th Street, for a fundraiser on March 16, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 8. Parcel #43139, for 2023 property taxes in the amount of $388.28. Reason: Assessment Freeze for the Elderly and Disabled. 9. Parcel #39493, for 2023 property taxes in the amount of $1,392.59. Reason: Assessment Freeze for the Elderly and Disabled. 10. Parcel #38938, for 2023 property taxes in the amount of $1,591.73. Reason: Did not apply for owner-occupied status by the deadline. 11. Parcel #40526, for 2023 property taxes in the amount of $1,578.84. Reason: Assessment Freeze for the Elderly and Disabled. 12. Parcel #12120, for 2023 property taxes in the amount of $1,786.59. Reason: Did not apply for owner-occupied status by the deadline. 13. Parcel #36770, for 2023 property taxes in the amount of $2,375.42. Reason: Assessment Freeze for the Elderly and Disabled. 14. Parcel #36132, for 2023 property taxes in the amount of $1,439.86. Reason: Did not apply for owner-occupied status by the deadline. 15. Parcel #40328, for 2023 property taxes in the amount of $746.45. Reason: Assessment Freeze for the Elderly and Disabled. 16. Parcel #31391, for 2023 property taxes in the amount of $941.29. Reason: The property is exempt from the tax. 17. Parcel #76050, for 2023 property taxes in the amount of $1,230.68. Reason: Did not apply for owner-occupied status by the deadline. 18. Parcel #45498, for 2023 property taxes in the amount of $1,370.39. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #77785, for 2023 property taxes in the amount of $1197.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 20. Parcel #77753, for 2023 property taxes in the amount of $2,041.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 21. Parcel #79924, for 2023 property taxes in the amount of $855.79. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 22. Parcel #56881, for 2023 property taxes in the amount of $855.80. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #66949, for 2023 property taxes in the amount of $1,538.19. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 24. Parcel #40107, for 2023 property taxes in the amount of $1,538.19. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #65584, for 2023 property taxes in the amount of $1,711.58. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 26. Parcel #35227, for 2023 property taxes in the amount of $1,096.01. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 27. Parcel #93417, for 2023 property taxes in the amount of $2,396.43. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 28. Parcel #32176, for 2023 property taxes in the amount of $843.87. Reason: The property is exempt from the tax. 29. Parcel #51810, for 2023 property taxes in the amount of $855.80. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 30. Parcel #87830, for 2023 property taxes in the amount of $1,538.20. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 31. Parcel #84815, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 32. Parcel #51473, for 2022 property taxes in the amount of $183.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 33. Parcel #51473, for 2023 property taxes in the amount of $2,041.17. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 34. Parcel #40511, for 2023 property taxes in the amount of $1,868.20. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 35. Parcel #95900, for 2023 property taxes in the amount of $289.16. Reason: The property is exempt from the tax. 36. Parcel #29016, for 2023 property taxes in the amount of $1,780.86. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 37. Parcel #77049, for 2023 property taxes in the amount of $1,538.20. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 38. Parcel #88395, for 2023 property taxes in the amount of $1,284.90. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 39. Parcel #62389, for 2023 property taxes in the amount of $855.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 40. Parcel #36269, for 2021 property taxes in the amount of $188.81. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 41. Parcel #36269, for 2022 property taxes in the amount of $2,164.27. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 42. Parcel #36269, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 43. Parcel #78839, for 2022 property taxes in the amount of $723.31. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 44. Parcel #78839, for 2023 property taxes in the amount of $2,041.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 45. Parcel #75389, for 2023 property taxes in the amount of $1,213.51. Reason: Assessment Freeze for the Elderly and Disabled. 46. Parcel #12525, for 2023 property taxes in the amount of $1,783.73. Reason: Did not apply for owner-occupied status by the deadline. 47. Parcel #26316, for 2023 property taxes in the amount of $987.14. Reason: Assessment Freeze for the Elderly and Disabled. 48. Parcel #71190, for 2023 property taxes in the amount of $626.10. Reason: Did not apply for owner-occupied status by the deadline. NOTICE OF HEARINGS 49. Set a date of hearing for Tuesday, March 19, 2024. New 2024 Retail Wine License for Hari Har Inc., Hampton Inn, 2417 South Carolyn Avenue. 50. Set a date of hearing for Tuesday, March 19, 2024. New 2023-24 Retail Malt Beverage License for Atomic Wings, 1502 East 69th Street. 51. Set a date of hearing for Tuesday, March 19, 2024. Transfers of 2023-24 Retail Malt Beverage License, including video lottery placement, and 2024 Wine License from  Crown Casino 41, 2516 West 41st Street, to Crown Casino Sycamore II, 1914 South Sycamore Avenue, Suite 108. 52. Set a date of hearing for Tuesday, March 19, 2024. Transfer of 2024 Retail Liquor License from Thalia Bar LLC, 7000 South Lyncrest Place, to Crown Gaming Inc., Crown Casino 41, 2516 West 41st Street. 53. Set a date of hearing for Tuesday, March 19, 2024. Transfers of 2024 Package Liquor License, 2024 Retail Wine License and 2023-24 Retail Malt Beverage License, with video lottery placement, from Grevco Inc., 2701 East 6th Street, to MG Oil Company, Corner Pantry 34, 2701 East 6th Street. 54. Set a date of hearing for Tuesday, March 19, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage license, with video lottery placement, from Grevco Inc., 2707 East 6th Street, to MG Oil Company, Corner Pantry 34 Casino, 2707 East 6th Street. 55. Set a date of hearing for Tuesday, March 19, 2024. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from M G Oil, 3505 East 10th Street, to Birgers By U LLC, Uncle Doug’s Liquor, 5406 West University Trail. 56. Set a date of hearing for Tuesday, March 19, 2024. Special One-Day Malt Beverage and Special One-Day Wine Licenses for REACH Literacy to be operated at 500 North Main Avenue, for a fundraiser on March 21, 2024. 57. Set a date of hearing for Tuesday, March 19, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at Ronken Field, 1401 West 33rd Street, for games on March 22, 23 and 24, 2024. 58. Set a date of hearing for Tuesday, March 19, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 3016 West 57th Street, for an axe throwing tournament on March 23, 2024. 59. Set a date of hearing for Tuesday, March 19, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for an event on March 23, 2024. 60. Set a date of hearing for Tuesday, March 19, 2024. Special One-Day Liquor License for 69th Street Looks Market to be operated at 5 Oaks Venue, 480 East 69th Street, for a reception on April 6, 2024. 61. Set a date of hearing for Tuesday, March 19, 2024. Special One-Day Malt Beverage for Falls Area Singletrack to be operated at 201 East 10th Street, for a fundraiser on May 11, 2024. REGULAR AGENDA 62. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 63. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, and Transfer of 2024 Retail Wine License from DDK LLC, JJ’s Billiards, 309 South Elmwood Avenue, to Yoltz LLC, JJ’s Billiards, 309 South Elmwood Avenue. 64. Special One-Day Liquor License for T Slat Inc., to be operated at 1401 West 33rd Street, for games on March 8 and 9, 2024. 65. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2510 South Grange Avenue, for special events on March 8, 9, 12, 22, 23 and 24, 2024. 66. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Empire Community Theatre Inc., to be operated at 100 East 6th Street, for special events on March 14, 15, 16, 17 and 18, 2024. 67. Special One-Day Liquor License for KJT LLC, to be operated at 301 South Thompson Avenue, for a special event on March 16, 2024. 68. Special One-Day Wine License for The History Club of Sioux Falls, 758 South Phillips Avenue, for a special event on April 3, 2024. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Items 63-68. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 69. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Selberg to adopt Ordinance No. 12-24. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 70. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Ordinance No. 13-24. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 71. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “FIRST TEE BUILDING NAMING AGREEMENT” BETWEEN THE CITY OF SIOUX FALLS (“CITY”) AND THE SOUTH DAKOTA GOLF ASSOCIATION JUNIOR GOLF FOUNDATION D/B/A FIRST TEE—SOUTH DAKOTA (“FIRST TEE”). Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Ordinance No. 14-24. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 72. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND LW LIVE- WORK DISTRICTS, NO. 19138-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Willadsen Lund Engineering Corp - Eric Willadsen A motion was made by Council Member Cole and seconded by Council Member Neitzert to adopt Ordinance No. 15-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 73. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1015 W. 9TH ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19129-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Boulevard Properties, LLC – Alex Halbach A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Ordinance No. 16-24.  Roll call vote to adopt. 7 Yes: Jensen, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Merkouris was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 74. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE RENOVATION AND EXPANSION OF THE LOCKER ROOMS LOCATED AT THE MIDCO® AQUATIC CENTER. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Ordinance No. 17-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 75. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 70: GENERAL PROVISIONS, CHAPTER 76: TRAFFIC REGULATIONS, AND CHAPTER 95: PARKS AND RECREATION TO ALLOW CLASS II E-BICYCLES ON THE RECREATION TRAIL. Sponsors: Council Members Neitzert and Cole A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 18-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 76. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 70: GENERAL PROVISIONS AND CHAPTER 80: PEDESTRIANS TO IMPROVE PEDESTRIAN SAFETY AT CERTAIN INTERSECTIONS. Sponsors: Council Members Soehl and Cole A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 19-24. Roll call vote to adopt. 6 Yes: Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 2 No: Jensen, Starr. Motion Passed. 77. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110: LICENSES, SUBCHAPTER: FEE SCHEDULE. Sponsors: Council Members Barranco and Selberg A motion was made by Council Member Barranco and seconded by Council Member Selberg to adopt Ordinance No. 20-24.  Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 78. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE SIOUX FALLS STADIUM LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND TRUE NORTH SPORTS AND ENTERTAINMENT, LLC. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, March 12, 2024 for Item 78. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 79. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 13-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 13-24 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the City of Sioux Falls once at least ten (10) days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: FARM LEASES—TILLABLE CROPLAND, PASTURE, AND HAYING LEASES—ONE- YEAR LEASES  Tract 1 and Tract 2 of Sencore Addition to City of Sioux Falls in the S1/2 of Section 6-T101N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Tract 7, Tract 8, and Tract 10 all in the SW1/4 of Section 36-T102N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2, Thelin Addition to City of Sioux Falls in the N1/2NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Iverson Park Addition in the SW1/4 of Section 21-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of the SE1/4NW1/4 lying south of SD Hwy 42 in Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of Tracts 4 and 5 of G. H. Perry Addition of the N1/2 of Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD, lying west of the Big Sioux River and north of SD Hwy 42  Tract 2 in the SE1/4 of Section 29-T102N-R49W of the 5th P.M., Minnehaha County, SD, lying west of Ditch Road and north of 60th Street North  Tract 1 of Sioux Falls Landfill Addition in the E1/2 of Section 34-T101N-R51W of the 5th P.M., AND Tract 1 of Sioux Falls Landfill Addition in Section 35-T101-R51W of the 5th P.M., all in Minnehaha County, SD, AND Lot 2 of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., AND Lots 1, 3, 4, 5, 6, 7 and platted drive of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., all in Turner County, SD, AND Tract 1, Tipton’s Addition in the NW1/4 of Section 7-T100N-R51W of the 5th P.M., Lincoln County, SD  W1/2SE1/4 and E1/2SW1/4, now known as Wellfield 1st Addition in the S1/2 of Section 8-T102N-R49W of the 5th P.M., Minnehaha County, SD  That part of the W1/2SW1/4 lying east of railroad right-of-way in Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  Nesheim 2nd Addition in the E1/2NE1/4 of Section 20-T103N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 of NW1/4, and Tract 1D of NE1/4, and NE1/4 (except Swartz’s Addition and except all H Lots), and Tract 1 (access road) of SE1/4 all in Section 28-T103N-R49W of the 5th P.M., AND Tract 1 (access road) of SW1/4 in Section 27-T103N-R49W of the 5th P.M., all in Minnehaha County, SD  E1/2SW1/4 (except H Lots) and SE1/4 (except Tracts 1, 2, and 3 of Swartz’s Additions and except H Lots) all in Section 21-T103N-R49W of the 5th P.M., Minnehaha County, SD  NE1/4 and N1/2SE1/4 (except areas east of county road along Slipup Creek) all in Section 23-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 and E1/2NW1/4 in Section 12-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2 of Slipup Creek Watershed Addition in the SE1/4 and SW1/4 in Section 1-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2SE1/4 (lying east of county road along Slipup Creek) in Section 23-T102N-R49W of the 5th P.M., AND NW1/4SW1/4 of Section 24-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NE1/4 (except Fredericksen Tract 1 contained therein, and except County Auditor’s Lot H-1 contained therein) of Section 14-T102N-R49W of the 5th P.M., Minnehaha County, SD  Rogers Tract 2 in the NW1/4 of Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 (except Tract 1) and E1/2NW1/4 of Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 6B County Auditor’s Subdivision and part of the NW1/4NE1/4 (except Lot E-1) all in the NE1/4 of Section 32-T102N-R49W of the 5th P.M., AND a portion of Lot E-3 and Tract 2, both of County Auditor’s Subdivision in the NW1/4 of Section 33-T102N-R49W of the 5th P.M., all in Minnehaha County, SD  Northwest Tower Addition in the SW1/4 of Section 24-T102N-R50W of the 5th P.M., Minnehaha County, SD  SW1/4SE1/4 in Section 7-T103N-R50W of the 5th P.M., Minnehaha County, SD  NE1/4SE1/4, and the access strip of land 16.5 feet in width known as Tract 1, all in the SE1/4SE1/4 of Section 31-T104N-R50W of the 5th P.M., Minnehaha County, SD  Vander Woude Tract 2 in the NW1/4 of Section 2-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County, SD  Tract A of Sioux Empire Development Park 8 Addition to the City of Sioux Falls in Section 35-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NW1/4 & SW1/4NW1/4 & SE1/4NW1/4 & NW1/4NE1/4 all in Section 36-T102N-R49W of the 5th P.M., AND SW1/4 & SW1/4NE1/4 lying west of the Big Sioux River, all in Section 36-T102N-R49W of the 5th P.M., AND NW1/4 & SW1/4 lying north and west of the Big Sioux River in Section 1-T101N-R49W of the 5th P.M., AND Tract 1 Knabach Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 2 of East Benson Addition to the City of Sioux Falls, Minnehaha County, SD  W1/2NE1/4 (EX R-1 & EX S200), Section 34-T101N-R51W of the 5th P.M., Minnehaha Co., SD, physical address of 46369 267th St. Hartford, SD 57033  That portion of the West Half of the Northwest Quarter (W1/2 NW1/4) lying East of the Railroad Right of Way, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The East Half of the Northwest Quarter (E1/2 NW1/4), except the South 2 Rods thereof and except the North 33 feet of the East Half of the Northwest Quarter (E1/2 NW1/4) of Section 9, Township 102 North, Range 49 West of the 5th P.M., Lying South of and immediately adjacent to Lot 4, except the East 178.3 feet of said Lot 4 measured along the South line thereof, of Nessans Subdivision of Tract 1 of County Auditors plat of Tracts 1 and 2 of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 4, Township 104 North, Range 49 West of the 5th P.M., all of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The North Half of the Northeast Quarter (N1/2 NE1/4) except Lot H-1 contained therein and except the Silver Creek Estates Replat, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD  SW1/4 lying east of Big Sioux River (except Swanson’s Tract 1) & W1/2SE1/4 (except Sweetman Tract 1), all in Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Unzelman & Shultz Addition in the Northeast Quarter (NE1/4) and the East One-Half of the Northwest Quarter (E1/2NW1/4) of Section 15, of Township One Hundred One (101) North in Range 50 West of the 5th P.M., Minnehaha County, SD, according to the recorded plat thereof GREEN SPACE LEASES—LEASED BY NEIGHBORING OWNER IN EXCHANGE FOR WEED CONTROL/LAWN MAINTENANCE—ONE-YEAR LEASES  Lot 4, Block 2, Fox Run Addition, an Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Great Northern Second Addition to the City of Sioux Falls, Minnehaha County, SD  Lot 1 in Tract B, Sycamore Crossing Addition to the City of Sioux Falls, Minnehaha County, SD DRAINAGE PROPERTY—PORTION LEASED FOR CONCRETE PAD PARKING AND DUMPSTER ENCLOSURE—ONE-YEAR LEASE  Tract 1 of Great Northern First Addition to the City of Sioux Falls, Minnehaha County, SD TOWER PROPERTY—PORTION LEASED FOR COMMUNICATION TOWER— MULTIYEAR LEASE  Lot 2A of the replat of part of Block 4 of Lewis Heights Addition to the City of Sioux Falls, Minnehaha, County, SD  57th Street Elevated Water Storage Tank Space located within Lot 1 of Bakker Tract No. 1 in Government Lots 2 and 3 of Section 12-T100N-R50W of the 5th P.M., Lincoln County, SD, commonly known as 2201 E. 57th St.  Menlo Avenue Elevated Water Storage Tank Space located within Block 23, Sage’s Subdivision of Blocks 7, 10, and 23, of Park Addition to Sioux Falls, Minnehaha County, SD, commonly known as 1200 S. Menlo Ave.  Melanie Lane Elevated Water Storage Tank located within Tract 2, Sycamore Hill Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 1900 S. Melanie Ln.  Western Heights Elevated Water Storage Tank located within Lot A in Tract 1 of Public School Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 3201 S. Kuehn Park Rd. PARK PROPERTY—PORTION LEASED FOR OFFICE AND DISPLAY—MULTIYEAR LEASE  A portion of the W1/2NE1/4 of Section 7-T101N-R49W of the 5th P.M., Minnehaha County, South Dakota  A portion of the W1/2NE1/4 of Section 7-T101N-R49W of the 5th P.M., Minnehaha County, South Dakota, commonly known as Elmwood Golf Course Clubhouse DOWNTOWN—PORTION LEASED FOR BUSINESS AND PARKING LOT—MULTIYEAR LEASE  Tract 1 Burlington Northern Santa Fe 4th addition to City of Sioux Falls, Minnehaha County, SD  A portion of Block 11 of the original plat of the City of Sioux Falls, Minnehaha County, SD Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 80. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF CLOVERLEAF BUSINESS PARK ADDITION (19125-2023). Private Applicant(s): Willadsen Lund Engineering - Eric Willadsen A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No.14-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 14-24 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF CLOVERLEAF BUSINESS PARK ADDITION (19125-2023). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Cloverleaf Business Park 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: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 81. A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM RURAL TO TIER 1 AND AMENDING THE FUTURE LAND MAP TO ASSIGN A FUTURE LAND USE OF FUTURE RESIDENTIAL AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED SOUTH OF W. 69TH ST. AND WEST OF S. GALWAY AVE., NO. FLUA-019128-2023. Private Applicant(s): C Lemme Companies, LLC - Joel Ingle A motion was made by Council Member Neitzert and seconded by Council Member Starr to adopt Resolution No. 15-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 15-24 A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM RURAL TO TIER 1 AND AMENDING THE FUTURE LAND MAP TO ASSIGN A FUTURE LAND USE OF FUTURE RESIDENTIAL AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED SOUTH OF W. 69TH ST. AND WEST OF S. GALWAY AVE., NO. FLUA-019128-2023. WHEREAS, there has been presented to the Planning Commission an application for a development area change to the Shape Sioux Falls 2040 Comprehensive Plan. WHEREAS, it has been determined that the following criteria have been met: 1. The proposed amendment is consistent with the goals, policies, and overall intent of the text within the comprehensive plan; 2. The proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property; 3. The proposed amendment achieves an arrangement of activities that promote harmonious interaction and minimizes land use conflicts surrounding the subject property; 4. The proposed amendment would not adversely affect the environment, historic resources, natural resources, urban services, public facilities, and transportation system;  5. The proposed amendment is warranted by an approved engineering analysis; 6. The proposed amendment would result in a logical and orderly development pattern; 7. The proposed amendment does not adversely affect any other part of the city, or create any direct or indirect adverse effects; and 8. The proposed amendment creates an undue impact on surrounding neighborhoods; whereas proposed developments should be consistent with the physical characteristics of the surrounding neighborhoods or improve their living environment and quality of life. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described property is hereby amended from Rural to a Tier 1 regarding the Development Areas Map and are assigned as Future Residential regarding the Future Land Use Map of the Shape Sioux Falls 2040 Comprehensive Plan of Sioux Falls, South Dakota. NE1/4 NW1/4 (Except the E 320') Section 13-T100N-R51W, Lincoln County, SD Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 82. A RESOLUTION VACATING PUBLICLY DEDICATED RIGHT-OF-WAY LOCATED SOUTH OF BROEK DRIVE, AS SHOWN ON EXHIBIT A. Private Applicant(s): Westwood Valley LLC A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 16-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 16-24 A RESOLUTION VACATING PUBLICLY DEDICATED RIGHT-OF-WAY LOCATED SOUTH OF BROEK DRIVE, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate public right-of-way has been filed by the owners of the following described property: Tract A in Lot 4 of Block 13, Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lot A in Tract 3 of Westwood Valley 2nd Addition to the City of Sioux Falls, Minnehaha County, South Dakota  Lot 1B, Block 13, Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lot 2B, Block 13, Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lot 3B, Block 13, Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota Tract 6 of Ollerich’s Addition, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on March 5, 2024, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the publicly dedicated right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, subject to a public drainage easement and 10' utility easement reserved by the City of Sioux Falls in, over, and upon a part of the vacated right-of-way as shown on Exhibit A for electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 83. A RESOLUTION APPROVING THE RELEASE OF UTILITY EASEMENT LYING WITHIN LOTS 1B, 2B AND 3B IN BLOCK 13 OF WESTWOOD VALLEY ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Westwood Valley LLC A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 17-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 17-24 A RESOLUTION APPROVING THE RELEASE OF UTILITY EASEMENT LYING WITHIN LOTS 1B, 2B AND 3B IN BLOCK 13 OF WESTWOOD VALLEY ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the utility easement across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the utility easement was established by plat filed in Book 71 of Plats on page 11 in the office of the Register of Deeds for Minnehaha County, SD, on January 22, 2008. The utility easement was reaffirmed by plat and filed in Book 73 of Plats on page 143 in the office of the Register of Deeds for Minnehaha County, SD, on August 22, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the utility easement, as shown on attached Exhibit A, and affecting the real property described as Lots 1B, 2B and 3B in Block 13 of Westwood Valley Addition, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 84. A RESOLUTION GRANTING SANFORD MEDICAL CENTER OWNERSHIP AND RESPONSIBILITY FOR THE WATER MAIN LOCATED WITHIN THE PROPOSED EASEMENT OF PROPERTY ON TRACT 1 OF SANFORD MEDICAL CENTER ADDITION. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 18-24. Roll call vote to adopt. 6 Yes: Jensen, Merkouris, Selberg, Soehl, Barranco, Cole; 2 No: Neitzert, Starr. Motion Passed. RESOLUTION NO. 18-24 A RESOLUTION GRANTING SANFORD MEDICAL CENTER OWNERSHIP AND RESPONISBILITY FOR THE WATER MAIN LOCATED WITHIN THE PROPOSED EASEMENT OF PROPERTY ON TRACT 1 OF SANFORD MEDICAL CENTER ADDITION. WHEREAS, the City has a perpetual right and easement to maintain and repair the water main over, upon, and under the real property described as Tract 1 of Sanford Medical Center Addition to the City of Sioux Falls, Minnehaha County, SD (“Property”). The water main easement was established by plat filed in Book 69 of Plats on page 46 in the office of the Register of Deeds for Minnehaha County, SD, on March 23, 2007; and WHEREAS, Sanford desires to utilize the easement area, as identified in Exhibit A, and attached hereto, due to the changes, modifications, and improvements it has made to its medical campus; and WHEREAS, Sanford has petitioned the City to accept ownership, maintenance, and repairs of the water main, as identified in Exhibit A (“Water Main”) and within the proposed water main easement release also identified in Exhibit A; and WHEREAS, the parties wish to enter into this Agreement to identify and define the ownership and responsibility of operating, inspecting, maintaining, repairing, and replacing the Water Main located on Property as identified in Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Water Main Agreement Between the City of Sioux Falls and Sanford Medical Center to and made a part of this resolution is hereby approved. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. That the Mayor is authorized to sign such Water Main Agreement Between the City of Sioux Falls and Sanford Medical Center Agreement. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 85. A RESOLUTION APPROVING THE RELEASE OF PART OF A WATER MAIN EASEMENT, AS SHOW ON EXHIBIT A; AND APPROVING THE RELEASE OF A UTILITY EASEMENT, AS SHOWN ON EXHIBIT B, LOCATED IN TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Private Applicant(s): Sayre Associates on behalf of Sanford Health A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 19-24. Roll call vote to adopt. 6 Yes: Jensen, Merkouris, Selberg, Soehl, Barranco, Cole; 2 No: Neitzert, Starr. Motion Passed. RESOLUTION NO. 19-24 A RESOLUTION APPROVING THE RELEASE OF PART OF A WATER MAIN EASEMENT, AS SHOW ON EXHIBIT A; AND APPROVING THE RELEASE OF A UTILITY EASEMENT, AS SHOWN ON EXHIBIT B, LOCATED IN TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the water main easement area across the above-described real property, as shown on Exhibit A. The property owners petition accepts ownership, maintenance, and repairs of the water main within the proposed water main easement release. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the City of Sioux Falls, SD, no longer needs the utility easement area across the above-described real property, as shown on Exhibit B. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the watermain and utility easement were established by plat filed in Book 69 of Plats on page 46 in the office of the Register of Deeds for Minnehaha County, SD, on March 23, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the water main easement, as shown on attached Exhibit A, and release of the utility easement area, as shown on attached Exhibit B, affecting the real property described as Tract 1 of Sanford Medical Center Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 86. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED WITHIN LOT 4I BLOCK 13 SOUTHERN VISTAS ADDITION AND A PART OF SOUTHWEST QUARTER IN SECTION 34, TOWNSHIP 101 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPLE MERIDIAN IN THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Jon Broek, Southern Vistas, LLC A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resolution No. 20-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 20-24 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED WITHIN LOT 4I BLOCK 13 SOUTHERN VISTAS ADDITION AND A PART OF SOUTHWEST QUARTER IN SECTION 34, TOWNSHIP 101 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPLE MERIDIAN IN THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent utility easement was established by Resolution #6-09 and filed in Book 261 of Miscellaneous on page 602 in the office of the Register of Deeds for Minnehaha County, SD, on February 6, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 4I Block 13 Southern Vistas Addition and a part of Southwest Quarter in Section 34, Township 101 North, Range 50 West of the 5th Principle Meridian in the City of Sioux Falls, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 87. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE WASHINGTON PAVILION. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 21-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 21-24 A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE WASHINGTON PAVILION. WHEREAS, the City of Sioux Falls owns the Washington Pavilion of Arts and Science (the “Pavilion”) located in downtown Sioux Falls; and WHEREAS, the Pavilion is the region’s home for the arts, entertainment, and science; and WHEREAS, the Pavilion has two state-of-the-art theaters: Mary W. Sommervold Hall and the Belbas Theater; eight nationally accredited art galleries with the Visual Arts Center, over 100 interactive science exhibits inside the Kirby Discovery Center, and ongoing film showing in the Wells Fargo CineDome & Sweetman Planetarium; and WHEREAS, the Pavilion offers quality educational events and programs through their expansive Education Department and Graham Academy Preschool; and WHEREAS, the Pavilion has approximately 500,000 visits annually; and WHEREAS, Washington Pavilion Management, Inc. manages the Pavilion and has entered into a five-year management agreement with the City; and WHEREAS, Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD (the “Code”) provides that the governing body of a municipality may, by resolution, issue an on-sale liquor license to be used at any municipality owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium, or public convention hall; and WHEREAS, pursuant to Section 111.014.1 of the Code, the City desires to issue an on-sale liquor license for use at the Pavilion; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of the Pavilion, which include but are not limited to hosting artistic, performance, educational, science, entertainment, and recreational events, as well as meetings, banquets, conferences, trade shows, weddings, dances, festivals, graduations, corporate events, and other scheduled gatherings and events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City hereby issues an on-sale liquor license to be used at the Pavilion at no fee. Section 2. That the City may contract with the Washington Pavilion Management, Inc. and its successors or assignees for purposes of providing food and beverage services at the Pavilion and to use the license issued. Section 3. That Washington Pavilion Management, Inc. may not transfer such license. Section 4. No video lottery may be placed at the Pavilion. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 88. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE SIOUX FALLS ORPHEUM THEATER CENTER. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 22-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 22-24 A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE SIOUX FALLS ORPHEUM THEATER CENTER. WHEREAS, the City of Sioux Falls is the owner of the Orpheum Theater Center (the “Orpheum”) in downtown Sioux Falls; and WHEREAS, the Orpheum has two distinct spaces: the Historic Orpheum Theater built in 1913 and the Anne Zabel Studio Theater, as well as common spaces and an outdoor limited- access courtyard; and WHEREAS, the Orpheum seats approximately 686 people; along with room for up to 450 people in the Anne Zabel Studio Theater; and WHEREAS, the Washington Pavilion Management, Inc. manages the Orpheum and has entered into a five-year management agreement with the City; and WHEREAS, Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD (the “Code”) provides that the governing body of a municipality may, by resolution, issue an on-sale liquor license to be used at any municipality owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium, or public convention hall; and WHEREAS, pursuant to Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD, the City desires to issue an on-sale liquor license for use at the Orpheum; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of the Orpheum, which include but are not limited to hosting artistic, performance, educational, science, entertainment, and recreational events, as well as meetings, banquets, conferences, trade shows, weddings, dances, festivals, graduations, corporate events, and other scheduled gatherings and events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City hereby issues an on-sale liquor license to be used at the Orpheum at no fee. Section 2. That the City may contract with the Washington Pavilion Management, Inc. and its successors or assignees for purposes of providing food and beverage services at the Orpheum and to use the license issued. Section 3. That Washington Pavilion Management, Inc. may not transfer such license. Section 4. No video lottery may be placed at the Orpheum. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 89. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC. FOR THE MANAGEMENT AND OPERATION OF THE WASHINGTON PAVILION OF ARTS AND SCIENCE, ORPHEUM THEATER, AND THE MUNICIPAL BAND. Sponsor: Mayor  A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 23-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 23-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC. FOR THE MANAGEMENT AND OPERATION OF THE WASHINGTON PAVILION OF ARTS AND SCIENCE, ORPHEUM THEATER, AND THE MUNICIPAL BAND. WHEREAS, the City of Sioux Falls owns the Washington Pavilion of Arts and Science (the “Pavilion”) located in downtown Sioux Falls, and a domed motion picture theater and a planetarium, which collectively are used for cultural, social, and business events, exhibitions, public and private gatherings, and other similar uses, situated in Sioux Falls, SD, (“the Pavilion”); and WHEREAS, the City of Sioux Falls owns the Orpheum Theater Center (“Orpheum”) in Sioux Falls, SD. The Orpheum has two distinct spaces: the Historic Orpheum Theater built in 1913 and the Anne Zabel Studio Theater, as well as common spaces and an outdoor limited- access courtyard; and WHEREAS, pursuant to Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD, the City issued an on-sale liquor license for use at the Pavilion and the Orpheum; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of the Pavilion, which include but are not limited to hosting artistic, performance, educational, science, entertainment, and recreational events, as well as meetings, banquets, conferences, trade shows, and other scheduled gatherings and events; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of the Orpheum, which include but are not limited to hosting artistic, performance, educational, science, entertainment, and recreational events, as well as meetings, banquets, conferences, trade shows, and other scheduled gatherings and events; and WHEREAS, the City and Washington Pavilion Management, Inc. (WPMI) desires to amend the management and operating agreement to allow WPMI to hold the on-sale liquor license for the Pavilion and the Orpheum during the term of the management agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 2. The Mayor is authorized to sign the Management Agreement after it is ratified and executed by the Management Company. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 03/05/24 .  Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 90. A RESOLUTION ISSUING TWO ON-SALE LIQUOR LICENSES FOR USE AT THE CITY’S GOLF COURSES. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Soehl to adopt Resolution No. 24-24. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 24-24 A RESOLUTION ISSUING TWO ON-SALE LIQUOR LICENSES FOR USE AT THE CITY’S GOLF COURSES. WHEREAS, the City of Sioux Falls (the “City”) operates three golf courses: Elmwood, Prairie Green, and Kuehn Park (the “municipal golf courses”) for the public’s use and enjoyment; and WHEREAS, the City Council previously adopted Resolution 44-22 whereby two on-sale liquor licenses that were currently available to be issued pursuant to SDCL 35-4-11 and otherwise subject to the on-sale liquor license lottery provided for in the Code of Ordinances of the City of Sioux Falls, SD, Sections 111.015.1 through 111.015.2 were set aside for later use by the City at its municipal golf courses; and WHEREAS, since 2022, both Elmwood and Prairie Green golf courses utilized the two on- sale liquor licenses set aside for municipal golf courses; and WHEREAS, the City desires to rescind the above issuance of the on-sale liquor licenses pursuant to Resolution 44-22 and instead issue two on-sale liquor licenses to the municipal golf courses pursuant to Section 111.014.1, “On-Sale Dealer Liquor Licenses for City-Owned Facilities” of the Code of Ordinances of Sioux Falls, SD (the “Code”); and WHEREAS, Landscapes Golf Management, LLC. (“LGM”) manages the municipal golf courses and has entered into a five-year management agreement with the City; and WHEREAS, LGM provides golf instruction to both youth and adults, league opportunities, and the hosting of events and dining at the municipal golf courses; and WHEREAS, Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD (the “Code”) provides that the governing body of a municipality may, by resolution, issue an on-sale liquor license to be used at any municipality owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium, or public convention hall; and WHEREAS, pursuant to Section 111.014.1 of the Code, the City desires to issue an on-sale liquor license for use at Elmwood and Prairie Green municipal golf courses; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of the municipal golf courses, which include but are not limited to, golf outings and charity events, annual passes, weddings and banquets, public tee times, open golf leagues, stay and play options, corporate events, as well as meetings and other organized celebrations and social gatherings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City hereby issues two on-sale liquor licenses to be used at the Elmwood and Prairie Green municipal golf courses at no fee. Section 2. That the City may contract with LGM and its successors or assignees for purposes of providing food and beverage services at Elmwood and Prairie Green municipal golf courses and to use the license issued. Section 3. That LGM may not transfer such license. Section 4. No video lottery may be placed at the municipal golf courses. Section 4. Resolution 44-22 is in all things repealed and all prior resolutions or ordinances that conflict with the provisions of this resolution are hereby repealed to the extent of such conflict. Notwithstanding the previous sentence, the repeal of Resolution 44-22 shall only become effective when the State of South Dakota has issued to LGM the two on-sale liquor licenses for the City-owned facilities. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 91. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE DENNY SANFORD PREMIER CENTER, THE SIOUX FALLS CONVENTION CENTER, AND THE SIOUX FALLS ARENA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 25-24. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 25-24 A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE DENNY SANFORD PREMIER CENTER, THE SIOUX FALLS CONVENTION CENTER, AND THE SIOUX FALLS ARENA WHEREAS, the City of Sioux Falls (the “City”) is the owner of the Denny Sanford PREMIER Center (the “PREMIER Center”) the Sioux Falls Convention Center (the “Convention Center”), and the Sioux Falls Arena (the “Arena”), collectively known as the “Event Center Complex”; and WHEREAS, in 2007, pursuant to SDCL 35-4-11.2, the City issued to Ovations Food Services, L.P. (“Ovations”) a convention facility on-sale license for use at the Convention Center; and WHEREAS, in 2012, Ovations expanded the existing convention facility on-sale liquor license for use at the Events Center Complex; and WHEREAS, the City desires to rescind the above issuance of the convention facility on-sale liquor license and instead issue an on-sale liquor license for the Event Center Complex pursuant to Section 111.014.1, “On-Sale Dealer Liquor Licenses for City-Owned Facilities” of the Code of Ordinances of Sioux Falls, SD (the “Code”); and WHEREAS, Ovations has entered into a five-year Food and Beverage Agreement with the City; and WHEREAS, Ovations is the provider of food, beverages, novelty, merchandise, and concession and catering services for the Event Center Complex; and WHEREAS, Section 111.014.1 of the Code provides that the governing body of a municipality may, by resolution, issue an on-sale liquor license to be used at any municipality owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium, or public convention hall. WHEREAS, pursuant to Section 111.014.1 of the Code, the City desires to issue an on-sale liquor license for use at the Event Center Complex; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of the Event Center Complex, which include but are not limited to, sporting events, musical entertainment, concerts, conventions, weddings, catering, trade shows, motor sports, dances, festivals, corporate events, graduations, rodeos, and other scheduled gatherings and events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City hereby issues an on-sale liquor license to be used at the Event Center Complex at no fee. Section 2. That the City may contract with Ovations and its successors or assignees for purposes of providing food and beverage services at the Event Center Complex and to use the license issued. Section 3. That Ovations may not transfer such license. Section 4. No video lottery may be placed at the Event Center Complex. Section 5. The convention facility on-sale liquor license for use at the Event Center Complex is in all things rescinded. Notwithstanding the previous sentence, the rescinding of the convention facility on-sale liquor license for use at the Event Center Complex shall only  become effective when the State of South Dakota has issued to Ovations an on-sale liquor license for the City-owned facilities. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 92. A RESOLUTION ADOPTING THE 2024 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Selberg and Jensen A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 26-24. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. RESOLUTION NO. 26-24 A RESOLUTION ADOPTING THE 2024 CITY COUNCIL POLICIES AND PROCEDURES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “2024 City Council Policies and Procedures” is hereby adopted. Date adopted: 03/05/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, 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) 93. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 8, 2024. NEW BUSINESS There ws none. GENERAL PUBLIC INPUT Sara Duhl spoke about panhandling in the City of Sioux Falls. Chester Deyoung spoke about his past experiences with employees of the City of Sioux Falls.  Amy Greycloud spoke about safety and security issues living at Tzadik Properties. Theresa Burns spoke about security issues at Tzadik Properties. Sierra Broussard spoke about rental situations and arrangements in the City. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Jensen to adjourn the meeting at 7:47 p.m. Voice vote to adjourn. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk