City Council Meeting

MINUTES Regular City Council Meeting Tuesday, April 2, 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Alex Jensen 2. INVOCATION  Dorothy TerHorst, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE Mayor TenHaken recognized Scout Troop 731 in attendance. Mayor TenHaken announced that Council Member Alex Jensen and his wife, Nicole, welcomed a new baby today. CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place the following two items from the Consent Agenda onto the Regular Agenda for Council discusssion: Agenda Item 6, Sub-Item 12: Event Venues; Engaging and Interactive Exhibits for the Kirby Science and Discovery Center at the Washington Pavilion; Replacing 2nd Floor Science Exhibits; Award to Bid 23-0114; Formula D LLC; $1,000,000; and Sub-Item 16; Finances; Professional Services Agreement to Provide Financial Advisory Services; 24- 0015; PFM Financial Advisors, LLC; Establish Pricing. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Consent Agenda.  Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, March 19, 2024  Joint City Council / Minnehaha County Commission Meeting of Tuesday, March 26, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated March 29, 2024. A motion was made by Council Member Starr and seconded by Council Member Barranco to approve Agenda Item 6, Sub-Item 12: Event Venues; Engaging and Interactive Exhibits for the Kirby Science and Discovery Center at the Washington Pavilion; Replacing 2nd Floor Science Exhibits; Award to Bid 23-0114; Formula D LLC; $1,000,000. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Selberg and seconded by Council Member Barranco to approve Agenda Item 6, Sub-Item 16; Finances; Professional Services Agreement to Provide Financial Advisory Services; 24-0015; PFM Financial Advisors, LLC; Establish Pricing. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Sam Detert and Katherine Asklund to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on July 26, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Marcella Heath to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on July 27, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #52370, for 2023 property taxes in the amount of $1,197.01. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 10. Parcel #29422, for 2023 property taxes in the amount of $173.41. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 11. Parcel #67303, for 2023 property taxes in the amount of $855.81. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #37369, for 2023 property taxes in the amount of $832.40. Reason: Assessment Freeze for the Elderly and Disabled. 13. Parcel #61876, for 2023 property taxes in the amount of $964.21. Reason: Assessment Freeze for the Elderly and Disabled. 14. Parcel #32201, for 2023 property taxes in the amount of $1,512.94. Reason: Did not apply for owner-occupied status by the deadline. 15. Parcel #64857, for 2023 property taxes in the amount of $1,014.36. Reason: Did not apply for owner-occupied status by the deadline. 16. Parcel #37185, for 2023 property taxes in the amount of $1,512.94. Reason: Did not apply for owner-occupied status by the deadline. 17. Parcel #40081, for 2023 property taxes in the amount of $233.48. Reason: The property is exempt from the tax. 18. Parcel #46202, for 2023 property taxes in the amount of $1,116.08. Reason: Assessment Freeze for the Elderly and Disabled. 19. Parcel #28726, for 2023 property taxes in the amount of $525.80. Reason: Assessment Freeze for the Elderly and Disabled. 20. Parcel #54243, for 2023 property taxes in the amount of $1,775.95. Reason: The property is exempt from the tax. 21. Parcel #26824, for 2023 property taxes in the amount of $1,441.30. Reason: Assessment Freeze for the Elderly and Disabled. 22. Parcel #42304, for 2023 property taxes in the amount of $1,153.32. Reason: Assessment Freeze for the Elderly and Disabled. 23. Parcel #47376, for 2023 property taxes in the amount of $1,868.21. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 24. Parcel #25295, for 2022 property taxes in the amount of $545.31. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #25295, 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). 26. Parcel #39804, for 2022 property taxes in the amount of $183.75. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 27. Parcel #39804, 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). 28. Parcel #31138, for 2022 property taxes in the amount of $183.81. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 29. Parcel #31138, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 30. Parcel #72996, for 2021 property taxes in the amount of $2,034.55. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 31. Parcel #72996, for 2022 property taxes in the amount of $2,163.89. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 32. Parcel #61663, for 2023 property taxes in the amount of $551.60. Reason: Assessment Freeze for the Elderly and Disabled. 33. Parcel #72996, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 34. Parcel #12431, for 2023 property taxes in the amount of $1,245.03. Reason: Did not apply for owner-occupied status by the deadline. 35. Parcel #55529, for 2023 property taxes in the amount of $1,479.98. Reason: Assessment Freeze for the Elderly and Disabled. 36. Parcel #26735, for 2023 property taxes in the amount of $1,093.16. Reason: Assessment Freeze for the Elderly and Disabled. 37. Parcel #89925, for 2023 property taxes in the amount of $663.35. Reason: Assessment Freeze for the Elderly and Disabled. 38. Parcel #30361, 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). 39. Parcel #72723, 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). 40. Parcel #58894, 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). 41. Parcel #30437, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 42. Parcel #34171, 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 #43262, 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). 44. Parcel #65866, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 45. Parcel #36511, for 2022 property taxes in the amount of $183.84. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 46. Parcel #36511, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 47. Parcel #54913, for 2022 property taxes in the amount of $183.79. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 48. Parcel #54913, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 49. Parcel #28764, for 2023 property taxes in the amount of $388.85. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 50. Parcel #47758, for 2023 property taxes in the amount of $906.91. Reason: Assessment Freeze for the Elderly and Disabled. 51. Parcel #52121, for 2023 property taxes in the amount of $1,349.62. Reason: Assessment Freeze for the Elderly and Disabled. 52. Parcel #82205, for 2023 property taxes in the amount of $2,070.25. Reason: Assessment Freeze for the Elderly and Disabled. 53. Parcel #38496, for 2023 property taxes in the amount of $974.25. Reason: Assessment Freeze for the Elderly and Disabled. 54. Parcel #42167, for 2023 property taxes in the amount of $1,749.33. Reason: Assessment Freeze for the Elderly and Disabled. NOTICE OF HEARINGS 55. Set a date of hearing for Tuesday, April 16, 2024. Transfer of 2024 Package Liquor License from PFive Investments LLC, 5021 North Annika Avenue, Suite 101, to Mifive Inc, 5021 North Annika Avenue, Suite 101. 56. Set a date of hearing for Tuesday, April 16, 2024. Transfer of 2024 Retail Liquor License from Oak & Olive LLC, Roots of Brasil, 201 North Weber Avenue, to MG Oil Company, 49th Street Liquor, 3601 South Minnesota Avenue, Suite H. 57. Set a date of hearing for Tuesday, April 16, 2024. Transfer of 2024 Retail Liquor License from BDI Inc., Detour Bar, 2501 West 10th Street, to MG Oil Company, Detour Bar, 2501 West 10th Street. 58. Set a date of hearing for Tuesday, April 16, 2024. Transfer of 2024 Retail Liquor License from Eide Café Inc., Overtime Sports Grill & Bar, 4529 East 26th Street, to MG Oil Company, Overtime Sports Grill & Bar, 4529 East 26th Street. 59. Set a date of hearing for Tuesday, April 16, 2024. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from Eide Café Inc., Overtime Sports Grill & Bar, 4525 East 26th Street, to MG Oil Company, Overtime Sports Grill & Bar 2, 4525 East 26th Street. 60. Set a date of hearing for Tuesday, April 16, 2024. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from Eide Café Inc., Overtime Sports Grill & Bar, 45231East 26th Street, to MG Oil Company, Overtime Sports Grill & Bar 3, 4531 East 26th Street. 61. Set a date of hearing for Tuesday, April 16, 2024. Special One-Day Liquor Licenses for KJT LLC, to be operated at 301 South Thompson Avenue, for weddings on April 20 and May 25, 2024. 62. Set a date of hearing for Tuesday, April 16, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 3016 West 57th Street, for a tournament on April 20, 2024. 63. Set a date of hearing for Tuesday, April 16, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for a banquet on April 26, 2024. 64. Set a date of hearing for Tuesday, April 16, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 South Grange Avenue, for a fundraiser on April 27, 2024. 65. Set a date of hearing for Tuesday, April 16, 2024. Special One-Day Liquor Licenses for Midwest Capital LLC, to be operated at 301 South Thompson Avenue, for weddings on April 27 and June 1, 2024. 66. Set a date of hearing for Tuesday, April 16, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 345 North Reid Place, for a mixer on May 1, 2024. REGULAR AGENDA 67. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Barranco to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. Item 6, Sub-Item 12 was heard at this time. See item for action taken.  Item 6, Sub-Item 16 was heard at this time. See item for action taken. UNFINISHED BUSINESS 68. New 2024 Retail Wine License for Comfort Inn & Suites, 3900 North Brendan Lane. 69. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage Licenses for Luxefalls Venue LLC, 2517 South Shirley Avenue. 70. 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. 71. 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. 72. 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. 73. 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. 74. 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. 75. 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. 76. 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. 77. 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. 78. 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. 79. 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. A motion was made by Council Member Neitzert and seconded by Council Member Barranco to withdraw Item 71. Roll call vote to withdraw. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to approve Items 68-70 and Items 72-79. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 80. 2nd 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 Barranco to adopt Ordinance No. 23-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 81. 2nd 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 Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 25-24.  Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 82. 2nd 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 Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 26-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 83. 2nd 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 Cole and seconded by Council Member Barranco to adopt Ordinance No. 27-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 84. 2nd 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 Neitzert and seconded by Council Member Cole to adopt Ordinance No. 28-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 85. 2nd 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 Selberg and seconded by Council Member Starr to adopt Ordinance No. 29-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 86. 2nd 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 Neitzert and seconded by Council Member Cole to adopt Ordinance No. 30-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 87. 2nd 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 Selberg and seconded by Council Member Cole to adopt Ordinance No. 31-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. 88. 2nd 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 Cole to adopt Ordinance No. 32-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 89. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, April 16, 2024 for Item 89. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 90. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA -- 018756- 2023—RUPP H-LOT Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 35-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 35-24 ANNEXATION 018756-2023—RUPP H-LOT A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Lot H-1in Lot 1 Rupp’s Addition in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 18, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof. And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 04/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 91. A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Resolution No. 31-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 31-24 A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. WHEREAS, the Planning Commission has proposed a plan for the physical development of the municipality and including areas outside the boundary and within its planning jurisdiction; and WHEREAS, the Planning Commission held a public hearing on March 6, 2024, to gain input from the public; and WHEREAS, the City Council held a public hearing on April 2, 2024, to gain input from the public; and WHEREAS, the comprehensive plan shows the Planning Commission’s recommendations of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Map 2.A: Development Areas of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.B: Sanitary Availability of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.C: Water and Roads of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.D: Public Facilities and Proposed Drainage Basins of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. Said plan shall be on file and is available for public inspections by any interested person in the office of the City Clerk, the City Planning Office, and the City website. The City shall publish the resolution, without attachment, after its passage. Date adopted: 04/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 92. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA -- ANNEXATION 019326-2024—Development Foundation Park Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 34-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 34-24 ANNEXATION 019326-2024—Development Foundation Park A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits.  2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along N. Marion Rd. 4. City water is adjacent to these properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 5, Benson’s Addition in the NW 1/4 of Section 13, Township 102 North, Range 50 West and Tracts 6, 7 and 8, Benson’s Addition in the NE 1/4 of Section 13, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County 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: 04/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 93. A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM TIER 2 TO TIER 1 AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED SOUTH OF W. 85TH ST. AND WEST OF S. MINNESOTA AVE., NO. FLUA 019278-2024. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 32-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 32-24 A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM TIER 2 TO TIER 1 AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPRHENSIVE PLAN LOCATED SOUTH OF W. 85TH ST. AND WEST OF S. MINNESOTA AVE., NO. FLUA-019278-2024. 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 the 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. 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 of the Shape Sioux Falls 2040 Comprehensive Plan of Sioux Falls, SD. A portion of Section 22-T100N-R50W including adjacent unannexed S. Western Ave. right-of- way, as Shown by Exhibit, Lincoln County, SD. Date adopted: 04/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 94. A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM TIER 2 TO TIER 1 AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED SOUTH OF E. 77TH ST. AND EAST OF S. CLIFF AVE., NO. FLUA 019277 2024. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 33-24. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 33-24 A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM TIER 2 TO TIER 1 AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPRHENSIVE PLAN LOCATED SOUTH OF E. 77TH ST. AND EAST OF S. CLIFF AVE., NO. FLUA-019277-2024. 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 which 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. 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 of the Shape Sioux Falls 2040 Comprehensive Plan of Sioux Falls, SD. A portion of the W1/2 of Section 13-T100N-R50W, as Shown by Exhibit, Lincoln County, SD. Date adopted: 04/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT  Sierra Brousaard spoke about an incident at Urban Indian Health. Mike Zitterich expressed appreciation to the four outgoing Councilor Members and thanked them for their work. Deb Woods spoke about process for speaking in the Chambers; her experiences with tenants of Tzadik management; and she encouraged the Council Members to go out and view the living conditions at Tzadik properties. Travis Leibrieh, Maintenance Supervisor for Tzadik property, provided an update on hiring more maintenance teams and their responsibilities. Neil Jeske spoke about investigating free speech. Pam Sabo spoke about Tzadik properties; and how they are organized and set up. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Starr to adjourn the meeting at 7:15 p.m. Voice vote to adjourn. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Merkouris, Neitzert; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk