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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 19, 2024

AgendaMinutesVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, March 19, 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member David Barranco, Council Member Alex Jensen, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: Council Member Curt Soehl, Council Member Sarah Cole 2. INVOCATION  Pastor Quentin Beard, Sioux Falls First Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Jensen and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. Council Member Starr requested that Sub-Item 17 from Agenda Item 6 be moved to the Regular Agenda for discussion purposes. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 12, 2024  City Council Meeting of Tuesday, March 12, 2024 COMMUNICATIONS 6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through March 15, 2024. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Matthew Plucker and Jaelah Reynaud to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on May 24, 2024. NOTICE OF HEARINGS 8. Set a date of hearing for Tuesday, April 2, 2024. New 2024 Retail Wine License for Comfort Inn & Suites, 3900 North Brendan Lane. 9. Set a date of hearing for Tuesday, April 2, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage Licenses for Luxefalls Venue LLC, 2517 South Shirley Avenue. 10. Set a date of hearing for Tuesday, April 2, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Maple Inc, 3505 West 49th Street, to Vikash Patel, 3505 West 49th Street. 11. Set a date of hearing for Tuesday, April 2, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from PFive Investments LLC, 5021 North Annika Avenue, Suite 101, to Mifive Inc, 5021 North Annika Avenue, Suite 101. 12. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Package Liquor License, 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Cellar 54, 720 South Highline Place, to Cellar 54, 716 South Highline Place. 13. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Pure Bliss LLC, 2528 South Lorraine Place, to Pure Bliss II LLC, 2528 South Lorraine Place. 14. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Pure Bliss LLC, 712 South Highline Place, to Pure Bliss II LLC, 712 South Highline Place. 15. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Pure Bliss LLC, 2312 West 69th Street, Suite 140, to Pure Bliss II LLC, 2312 West 69th Street, Suite 140. 16. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 1401 West 33rd Street, for games on April 5, 6, 7 and 10, 2024. 17. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Liquor License for Birgers by U LLC to be operated at 4501 North Graduate Avenue, for an open house on April 25, 2024. 18. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Liquor License for Sioux Fall Area Community Foundation to be operated at 345 North Reid Street, Suite 700, for a fundraiser on May 2, 2024. 19. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at the following locations: MK Threads, 222 South Phillips Avenue; Friends of SDPB, 300 North Dakota Avenue, Suite 104; Intoxibakes, 421 North Phillips Avenue, Suite 111; JH & Sons, 216 South Phillips Avenue; Studio 20/20, 311 South Phillips Avenue, Suite 100; Chealsea’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; Serendipity Studio, 230 South Phillips Avenue, Suite 204; 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, Suite 108; JLG Architects, 232 South Main Avenue; Sticks & Steel, 401 East 8th Street, Suite 118; Veza, 330 South Phillips Avenue; Matchbox Candle Company, 124 South Phillips Avenue; 8th & Railroad Center, 401 East 8th Street, Suite 200A; Hotel on Phillips, 100 North Phillips Avenue; Brosia Bowl, 421 North Phillips Avenue, Suite 105; Rose & Eugene Presents, 701 North Phillips Avenue, Suite 135; Envive Chiropractic, 412 South First Avenue, for a Spring Art & Wine Walk on May 3, 2024. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to amend this item by moving Item 46 behind Item 34. Roll call vote to amend. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. Sub-Item 17 from Agenda Item 6 was discussed at this time. UNFINISHED BUSINESS 21. New 2024 Retail Wine License for Hari Har Inc., Hampton Inn, 2417 South Carolyn Avenue. 22. New 2023-24 Retail Malt Beverage License for Atomic Wings, 1502 East 69th Street. 23. 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. 24. 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. 25. 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 M G Oil Company, Corner Pantry 34, 2701 East 6th Street. 26. 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 M G Oil Company, Corner Pantry 34 Casino, 2707 East 6th Street. 27. 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. 28. 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. 29. 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. 30. 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. 31. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for an event on March 23, 2024. 32. 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. 33. Special One-Day Malt Beverage for Falls Area Singletrack to be operated at 201 East 10th Street, for a fundraiser on May 11, 2024. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Items 21 through 33. Roll call vote to approve. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. . Entertainment Venues/Washington Pavilion ($350,000); Fire/Metro Communications ($15,500). Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Starr to adopt Ordinance No. 22-24. Roll call vote to adopt. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. Item 46 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 35. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING REGULATIONS, SUBCHAPTERS, ADDITIONAL USE REGULATIONS AND DEFINITIONS. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, March 26, 2024 for Item 35. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 911 S. 10TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19265-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): South Eastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Selberg and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 36. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1105 N. HALEY AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19271-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): South Eastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Merkouris and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 37. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND EAST OF N. MARION RD. FROM THE I-1 LIGHT INDUSTRIAL, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND O OFFICE DISTRICTS TO THE C-3 COMMERCIAL— COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, S-1 GENERAL INSTITUTIONAL, O OFFICE, LW LIVE/WORK, AND CN CONSERVATION DISTRICTS, NO. 19282-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Boyce Park Partners I, LLC – Randy Knecht and Avera Mckennan – Garrett Peters A motion was made by Council Member Neitzert and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 38. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND EAST OF S. BAHNSON AVE. FROM THE O OFFICE DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN AND CN CONSERVATION DISTRICTS, NO. 19288-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Black Dog, LLC – Doug Allen A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 39. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BROEK DR. AND EAST OF S. RONSIEK AVE. FROM THE LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND CN CONSERVATION DISTRICTS TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 17537-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Westwood Valley, LLC – Rick Dunlap A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 40. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 67TH ST. N. AND EAST OF N. SEUBERT AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 19273-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): the RA-2 Apartment Residential-Moderate Density zone parcels are allowed a maximum of 16 units per building. Private Applicant(s): CMDEV, LLC – Clint Dreyer A motion was made by Council Member Neitzert and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 41. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. RALPH ROGERS RD. AND WEST OF W. OLD YANKTON RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND THE S-2 INSTITUTIONAL CAMPUS PUD DISTRICTS TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 19275-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Central Baptist Church of Sioux Falls – Tom Rich A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 42. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2429 S. DULUTH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19276-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): TRU, LLC – Alisha Hemraj A motion was made by Council Member Merkouris and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 43. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. At this time Council Member Pat Starr acknowledged a Scout Troop that was in the audience. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 160: ZONING, SUBCHAPTER OFF-PREMISES SIGNS. Sponsors: Council Members Neitzert and Jensen A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 2, 2024 for Item 44. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 45. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 29-24. Roll call vote to adopt. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 29-24 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD, (the “City”) has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Basin 15 Sanitary Sewer Improvements, Phase C (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects, and an application for financial assistance to the South Dakota Department of Agriculture and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves up to $11,000,000 for the Basin 15 Sanitary Sewer Improvements, Phase C, to the South Dakota Department of Agriculture and Natural Resources for the Project. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Department of Agriculture and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Date adopted: 03/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 46. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. Entertainment Venues/Washington Pavilion ($350,000); Fire/Metro Communications ($15,500); Centralized Facilities ($225,000); Sanitary Landfill ($600,000); Water Reclamation ($25,103,000 - see notes). Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 30-24. Roll call vote to adopt. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 30-24 A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2024–2028 Capital Program shall be amended as follows: Entertainment Venues/Washington Pavilion Amend Capital Improvements Program Project No. 13003, Washington Pavilion Building Improvements, by increasing the amount of funding for replacement of the cooling tower. The estimated cost is $350,000 and will require an increase in appropriations that will be funded from the Entertainment Tax Fund available fund balance. Fire/Metro Communications Amend the Other Capital Expenditures Program by adding an AC unit for equipment in 2024. The estimated cost is $15,500 and will require an increase in appropriations that will be funded from the 911 Dispatch Fund available fund balance. Centralized Facilities Amend Capital Improvements Program Project No. 06012, Centralized Facilities Improvements, by increasing the amount of funding for LED lighting at the Law Enforcement Center. The estimated cost is $225,000 and will not require an increase in appropriations as it will be funded by grant funds from the Centralized Facilities Fund. Sanitary Landfill Amend Capital Improvements Program Project No. 21001, Leachate Recirculation/Gas Infrastructure, by adding grant funds in 2024. The estimated cost for construction is $600,000 and will not require an increase in appropriations as it will be funded by grant funds from the Sanitary Landfill Fund. Water Reclamation Amend Capital Improvements Program Project No. 23034, Basin 15 Sanitary Sewer Extension, by adding funding for Phase 2C in 2024. The estimated cost is $25,103,000 for construction and will not require an increase of appropriations. Funding of $11,000,000 in State Revolving Fund (SRF) loans and $14,103,000 in South Dakota Housing Development Authority Housing Infrastructure Financing Program (HIFP) American Rescue Plan Act of 2021 (ARPA) funds will be used within the Water Reclamation Fund. Date adopted: 03/19/24 . 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) 47. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 29, 2024. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chestter Deyoung spoke about information provided by City Departments. Neil Jeske spoke about the Delbridge Museum of Natural History, and properties needing windows fixed. Sierra Broussard spoke about properties being improved; voting for City Council candidates; and homicides in Sioux Falls. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn the meeting at 7:07 p.m. Voice vote to adjourn. 6 Yes: Neitzert, Selberg, Starr, Barranco, Jensen, Merkouris; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting – Amended 3/18/24 Tuesday, March 19, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Mayor Paul TenHaken 2. INVOCATION  Pastor Quentin Beard, Sioux Falls First Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council with one vote. Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council member, an item may be removed from the consent agenda and placed on the regular agenda whenever that council member believes additional discussion on the item is necessary”. Items removed from the Consent Agenda are typically considered after Approval of the Regular Agenda. 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 12, 2024  City Council Meeting of Tuesday, March 12, 2024 COMMUNICATIONS 6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through March 15, 2024. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Matthew Plucker and Jaelah Reynaud to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on May 24, 2024. NOTICE OF HEARINGS 8. Set a date of hearing for Tuesday, April 2, 2024. New 2024 Retail Wine License for Comfort Inn & Suites, 3900 North Brendan Lane. 9. Set a date of hearing for Tuesday, April 2, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage Licenses for Luxefalls Venue LLC, 2517 South Shirley Avenue. 10. Set a date of hearing for Tuesday, April 2, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Maple Inc, 3505 West 49th Street, to Vikash Patel, 3505 West 49th Street. 11. Set a date of hearing for Tuesday, April 2, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from PFive Investments LLC, 5021 North Annika Avenue, Suite 101, to Mifive Inc, 5021 North Annika Avenue, Suite 101. 12. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Package Liquor License, 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Cellar 54, 720 South Highline Place, to Cellar 54, 716 South Highline Place. 13. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Pure Bliss LLC, 2528 South Lorraine Place, to Pure Bliss II LLC, 2528 South Lorraine Place. 14. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Pure Bliss LLC, 712 South Highline Place, to Pure Bliss II LLC, 712 South Highline Place. 15. Set a date of hearing for Tuesday, April 2, 2024. Transfers of 2024 Retail Wine License and 2023-24 Retail Malt Beverage License from Pure Bliss LLC, 2312 West 69th Street, Suite 140, to Pure Bliss II LLC, 2312 West 69th Street, Suite 140. 16. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 1401 West 33rd Street, for games on April 5, 6, 7 and 10, 2024. 17. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Liquor License for Birgers by U LLC to be operated at 4501 North Graduate Avenue, for an open house on April 25, 2024. 18. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Liquor License for Sioux Fall Area Community Foundation to be operated at 345 North Reid Street, Suite 700, for a fundraiser on May 2, 2024. 19. Set a date of hearing for Tuesday, April 2, 2024. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at the following locations: MK Threads, 222 South Phillips Avenue; Friends of SDPB, 300 North Dakota Avenue, Suite 104; Intoxibakes, 421 North Phillips Avenue, Suite 111; JH & Sons, 216 South Phillips Avenue; Studio 20/20, 311 South Phillips Avenue, Suite 100; Chealsea’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; Serendipity Studio, 230 South Phillips Avenue, Suite 204; 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, Suite 108; JLG Architects, 232 South Main Avenue; Sticks & Steel, 401 East 8th Street, Suite 118; Veza, 330 South Phillips Avenue; Matchbox Candle Company, 124 South Phillips Avenue; 8th & Railroad Center, 401 East 8th Street, Suite 200A; Hotel on Phillips, 100 North Phillips Avenue; Brosia Bowl, 421 North Phillips Avenue, Suite 105; Rose & Eugene Presents, 701 North Phillips Avenue, Suite 135; Envive Chiropractic, 412 South First Avenue, for a Spring Art & Wine Walk on May 3, 2024. 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. 20. 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. 21. New 2024 Retail Wine License for Hari Har Inc., Hampton Inn, 2417 South Carolyn Avenue. 22. New 2023-24 Retail Malt Beverage License for Atomic Wings, 1502 East 69th Street. 23. 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. 24. 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. 25. 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 M G Oil Company, Corner Pantry 34, 2701 East 6th Street. 26. 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 M G Oil Company, Corner Pantry 34 Casino, 2707 East 6th Street. 27. 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. 28. 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. 29. 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. 30. 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. 31. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for an event on March 23, 2024. 32. 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. 33. Special One-Day Malt Beverage for Falls Area Singletrack to be operated at 201 East 10th Street, for a fundraiser on May 11, 2024. 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. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Entertainment Venues/Washington Pavilion ($350,000); Fire/Metro Communications ($15,500). Sponsor: Mayor Background & Objective: Provide supplemental appropriations from available fund balance for the Entertainment Tax Fund/Washington Pavilion for replacement of a cooling tower and for the 911 Dispatch Fund- Fire/Metro Communications for an AC unit for equipment. ORDINANCE FIRST READINGS The City Council typically sets the date of second reading for ordinances listed as first readings. 35. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING REGULATIONS, SUBCHAPTERS, ADDITIONAL USE REGULATIONS AND DEFINITIONS. Recommendation: Set a date of 2nd Reading for Tuesday, March 26, 2024. Sponsor: Mayor Background & Objective: Adding shipping/storage container regulations to the joint zoning ordinance. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 911 S. 10TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19265-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval 5-0. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): South Eastern Development Foundation – Lynne Keller Forbes Background & Objective: The purpose of the rezone is to allow the placement of a single family house on a narrow lot. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1105 N. HALEY AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19271-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval 5-0. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): South Eastern Development Foundation – Lynne Keller Forbes Background & Objective: The purpose of this rezone is to allow the placement of a single family home on a narrow lot. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND EAST OF N. MARION RD. FROM THE I-1 LIGHT INDUSTRIAL, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND O OFFICE DISTRICTS TO THE C-3 COMMERCIAL— COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, S-1 GENERAL INSTITUTIONAL, O OFFICE, LW LIVE/WORK, AND CN CONSERVATION DISTRICTS, NO. 19282-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval 5-0. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): Boyce Park Partners I, LLC – Randy Knecht and Avera Mckennan – Garrett Peters Background & Objective: The purpose of this rezone is to allow the development of commercial, institutional, office, and multi-family uses. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND EAST OF S. BAHNSON AVE. FROM THE O OFFICE DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN AND CN CONSERVATION DISTRICTS, NO. 19288-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval 5-0. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): Black Dog, LLC – Doug Allen Background & Objective: The purpose of this rezone is to allow for the construction of townhomes. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BROEK DR. AND EAST OF S. RONSIEK AVE. FROM THE LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND CN CONSERVATION DISTRICTS TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 17537-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission had a tie vote 3-3. The Chairman broke the tie with a ‘yes’ vote. Item passed 4-3. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): Westwood Valley, LLC – Rick Dunlap Background & Objective: The purpose of the rezone is to allow for the construction of townhomes on a private drive. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 67TH ST. N. AND EAST OF N. SEUBERT AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 19273-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): the RA-2 Apartment Residential-Moderate Density zone parcels are allowed a maximum of 16 units per building. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): CMDEV, LLC – Clint Dreyer Background & Objective: The purpose of this rezone is to match the existing zoning of all the rest of the property. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. RALPH ROGERS RD. AND WEST OF W. OLD YANKTON RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND THE S-2 INSTITUTIONAL CAMPUS PUD DISTRICTS TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 19275-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval 6-0. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): Central Baptist Church of Sioux Falls – Tom Rich Background & Objective: The purpose of this rezone is to match the zoning to the current use as a place of worship. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2429 S. DULUTH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19276-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval 6-0. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Private Applicant(s): TRU, LLC – Alisha Hemraj Background & Objective: The purpose of this rezone is to allow the site to redevelop as a duplex. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 160: ZONING, SUBCHAPTER OFF-PREMISES SIGNS. Recommendation: Set a date of 2nd Reading for Tuesday, April 2, 2024. Sponsors: Council Members Neitzert and Jensen Background & Objective: The proposed ordinance modifies the public notice requirements for the establishment or modification of a Billboard/Off Premises Sign Opportunity District. HEARINGS AND RESOLUTIONS Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no action required for said item. 45. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor Background & Objective: This is a resolution authorizing the Public Works Department to apply to the South Dakota Board of Agriculture and Natural Resources State Revolving Fund (SRF) loan program. This is for application only. If approved by the Board, Public Works will then proceed with the loan ordinance and agreements in 2024. This project resolution is for Basin 15 Phase 2C sanitary sewer improvements. The project will install pipes, a lift station and an equalization basin. 46. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. Entertainment Venues/Washington Pavilion ($350,000); Fire/Metro Communications ($15,500); Centralized Facilities ($225,000); Sanitary Landfill ($600,000); Water Reclamation ($25,103,000 - see notes). Sponsor: Mayor Background & Objective: Various amendments to the 2024-2028 Capital Program. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) These items are read in the record with no action taken by the City Council. Some reports are formally presented. 47. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 29, 2024. 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. 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.GOV FOR MORE INFORMATION.

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