City Council Meeting

MINUTES City Council Meeting Tuesday, April 16, 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 Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 2. INVOCATION  Rev. Dr. Christina O'Hara, Rector, Church of the Good Shepherd, Episcopal 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 Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Wednesday, April 10, 2024  City Council Meeting of Wednesday, April 10, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated April 12, 2024. APPLICATIONS 7. Special One-Day Liquor License for T Slat Inc., to be operated at 504 North Phillips Avenue, for an event on May 16, 2024. 8. Special One-Day Malt Beverage and Special One-Day Wine License for Interstate House of Pancakes Inc., to be operated at 200 West 6th Street, for an event on May 30, 2024. 9. Various Retail Malt Beverage renewals for 2024-2025 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit A. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #25405, for 2023 property taxes in the amount of $1,583.14. Reason: Assessment Freeze for the Elderly and Disabled. 11. Parcel #26157, for 2023 property taxes in the amount of $45.05. Reason: The property is exempt from the tax. 12. Parcel #29777, for 2023 property taxes in the amount of $1,285.20. Reason: The property is exempt from the tax. 13. Parcel #30086, for 2023 property taxes in the amount of $570.23. Reason: Assessment Freeze for the Elderly and Disabled. 14. Parcel #30161, for 2023 property taxes in the amount of $478.54. Reason: Assessment Freeze for the Elderly and Disabled. 15. Parcel #33261, for 2023 property taxes in the amount of $1,346.75. Reason: Assessment Freeze for the Elderly and Disabled. 16. Parcel #33308, for 2023 property taxes in the amount of $553.71. Reason: The property is exempt from the tax. 17. Parcel #33581, for 2023 property taxes in the amount of $1,166.23. Reason: Assessment Freeze for the Elderly and Disabled. 18. Parcel #33922, for 2023 property taxes in the amount of $1,220.42. Reason: The property is exempt from the tax. 19. Parcel #36005, for 2023 property taxes in the amount of $1,043.00. Reason: Assessment Freeze for the Elderly and Disabled. 20. Parcel #39185, for 2023 property taxes in the amount of $663.34. Reason: Assessment Freeze for the Elderly and Disabled. 21. Parcel #40080, for 2021 property taxes in the amount of $44.36. Reason: The property is exempt from the tax. 22. Parcel #40080, for 2022 property taxes in the amount of $510.54. Reason: The property is exempt from the tax. 23. Parcel #40080, for 2023 property taxes in the amount of $396.92. Reason: The property is exempt from the tax. 24. Parcel #44450, for 2023 property taxes in the amount of $2,217.28. Reason: The property is exempt from the tax. 25. Parcel #44461, for 2023 property taxes in the amount of $2,746.08. Reason: The property is exempt from the tax. 26. Parcel #45184, for 2023 property taxes in the amount of $1,398.31. Reason: Assessment Freeze for the Elderly and Disabled. 27. Parcel #45869, for 2023 property taxes in the amount of $2,309.52. Reason: Assessment Freeze for the Elderly and Disabled. 28. Parcel #47266, for 2023 property taxes in the amount of $944.54. Reason: Home was razed May 19th, 2023. 29. Parcel #48775, for 2023 property taxes in the amount of $1,123.25. Reason: Assessment Freeze for the Elderly and Disabled. 30. Parcel #48827, for 2023 property taxes in the amount of $918.69. Reason: The property is exempt from the tax. 31. Parcel #51012, for 2023 property taxes in the amount of $3,224.74. Reason: The property is exempt from the tax. 32. Parcel #51015, for 2023 property taxes in the amount of $6,171.06. Reason: The property is exempt from the tax. 33. Parcel #51317, for 2023 property taxes in the amount of $1,320.03. Reason: The property is exempt from the tax. 34. Parcel #53068, 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). 35. Parcel #54244, for 2023 property taxes in the amount of $11,214.99. Reason: The property is exempt from the tax. 36. Parcel #61663, for 2023 property taxes in the amount of $551.60. Reason: Assessment Freeze for the Elderly and Disabled. 37. Parcel #61671, for 2023 property taxes in the amount of $823.81. Reason: Assessment Freeze for the Elderly and Disabled. 38. Parcel #62547, for 2023 property taxes in the amount of $35.31. Reason: The property is exempt from the tax. 39. Parcel #73309, for 2023 property taxes in the amount of $426.94. Reason: Assessment Freeze for the Elderly and Disabled. 40. Parcel #79317, for 2023 property taxes in the amount of $4,593.94. Reason: The property is exempt from the tax. 41. Parcel #79318, for 2023 property taxes in the amount of $6,879.42. Reason: The property is exempt from the tax. 42. Parcel #82180, for 2023 property taxes in the amount of $61.23. Reason: The property is exempt from the tax. 43. Parcel #83282, for 2023 property taxes in the amount of $5.64. Reason: The property is exempt from the tax. 44. Parcel #88927, for 2023 property taxes in the amount of $332.68. Reason: The property is exempt from the tax. 45. Parcel #92813, for 2023 property taxes in the amount of $236.83. Reason: The property is exempt from the tax. 46. Parcel #97129, for 2023 property taxes in the amount of $19.62. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 47. Set a date of hearing for Tuesday, May 7, 2024. New 2023-24 Retail Malt Beverage License and New 2024 New Retail Wine License for Session Ale Works, 323 South Whitewood Circle. 48. Set a date of hearing for Tuesday, May 7, 2024. New 2024 Retail Wine License for Rose Nails, 5024 South Marion Road. 49. Set a date of hearing for Tuesday, May 7, 2024. Special One-Day Malt Beverage Licenses for T Slat Inc, to be operated at 1401 West 33rd Street, for games on May 9, 10, 11, 14, 15, 16, 17, 18, 24 & 25, 2024. 50. Set a date of hearing for Tuesday, May 7, 2024. Special One-Day Malt Beverage License for Presentation Sisters to be operated at 515 North Main Avenue, for a fundraiser on May 11, 2024. 51. Set a date of hearing for Tuesday, May 7, 2024. Special One-Day Liquor License for Sioux Falls Zoo and Aquarium, 805 South Kiwanis Avenue, for a fundraiser on June 27, 2024. REGULAR AGENDA 52. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 53. 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. 54. 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. 55. 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. 56. 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. 57. 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. 58. 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 3, 4531 East 26th Street. 59. 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. 60. Special One-Day Liquor License for T Slat Inc., to be operated at 3016 West 57th Street, for a tournament on April 20, 2024. 61. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for a banquet on April 26, 2024. 62. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 South Grange Avenue, for a fundraiser on April 27, 2024. 63. 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. 64. Special One-Day Liquor License for T Slat Inc., to be operated at 345 North Reid Place, for a mixer on May 1, 2024. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Items 53-64. Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 65. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, GRANTING PERMANENT UTILITY EASEMENT TO MCIMETRO ACCESS TRANSMISSION SERVICES, LLC, 600 HIDDEN RIDGE, IRVING, TX 75038 (“GRANTEE MCIMETRO”), MIDCONTINENT COMMUNICATIONS, GENERAL PARTNERSHIP, 3600 MINNESOTA DRIVE, SUITE 700, MINNEAPOLIS, MN 55435 (“GRANTEE MIDCO”), AND SOUTH DAKOTA NETWORK, LLC, 2900 WEST 10TH STREET, SIOUX FALLS, SD 57104 (“GRANTEE SDN”), (COLLECTIVELY, “GRANTEES”), BY THE CITY OF SIOUX FALLS, A MUNICIPAL CORPORATION OF THE STATE OF SOUTH DAKOTA (“CITY”). Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Barranco to adopt Ordinance No. 33-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 66. 2nd 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 Jensen and seconded by Council Member Barranco to adopt Ordinance No. 34-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 67. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND WEST OF VETERANS PKWY. FROM THE O OFFICE AND LW LIVE-WORK DISTRICTS TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND CN CONSERVATION DISTRICTS, NO. 19327-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): C-Lemme Companies, LLC and Tsydal Developments, Inc. – Joel Ingle A motion was made by Council Member Selberg and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, May 7, 2024 for Item 67. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 68. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1524 S. SUMMIT AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 19356- 2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Mark Gjerde A motion was made by Council Member Barranco and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, May 7, 2024 for Item 68. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 69. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3113 S. PHILLIPS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 19369-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Hahn Holdings I LLC – Verlyn Hahn A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, May 7, 2024 for Item 69. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 1 No: Soehl. Motion Passed. 70. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTION 96.190, DISTRIBUTION AT PARADES. Sponsors: Council Members Cole and Neitzert A motion was made by Council Member Cole and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, May 7, 2024 for Item 70.  Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 71. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN OPTION TO EXTEND THE MANAGEMENT AGREEMENT FOR THE CAFÉ LOCATED IN FALLS PARK Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 37-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 37-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN OPTION TO EXTEND THE MANAGEMENT AGREEMENT FOR THE CAFÉ LOCATED IN FALLS PARK. WHEREAS, the City is the owner of the Café currently known as the Falls Overlook Café (the “Café”) and located at 825 North Weber Avenue, Sioux Falls, SD; and WHEREAS, the Manager has been in the business of providing food, and is best known for providing a quality line of dairy products; and WHEREAS, the City desires to grant the Manager the right to manage the Café by providing quality food to its patrons, along with offering both in-house catering services and for a more elaborate food presence and service through the Manager’s preferred outside catering company; and WHEREAS, the Manager and the City find that it is in both parties’ best interest that a five-year extension of the agreement be now executed and subsequently executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached hereto and made a part of this resolution entitled “Option to Extend the Management Agreement for the Café Located in Falls Park,” being a five-year extension of City Agreement No. 19-0003, is hereby approved. Section 2. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Manager. 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: 04/16/24 . Paul TenHaken, Mayor ATTEST: Jermery Washington, City Clerk  72. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA -- ANNEXATION 018493-2023—RMB S 1/2 SW 1/4 Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 38-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 38-24 ANNEXATION 018493-2023—RMB S 1/2 SW 1/4 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. 3. Sundowner Avenue is in the capital program, and the 85th Street and I-29 Interchange is planned for construction in 2025–2026, with final completion likely in 2027. Applicant needs to have a paved street before any development plans can be approved. 4. Publicly financed sanitary sewer is available for the proposed annexation area; sewer lines need to be extended to the sites. 5. Publicly financed water is available for the proposed annexation area; water lines need to be extended to the sites. 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:  Tract 1 (except Lot 1A in Vandeest Tract 1) in the South 1/2 of Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; The East 101.36' of Lot 2, all of Lot 3, West 78.29' of Lot 4 of Supreme Acres, and the south half of vacated 84th Street abutting the north line thereof, in the South 1/2 of Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; Lot 5 of Erickson’s Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; Lot 6 of Erickson’s Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; Lot 4 of Erickson’s Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; Lot 1 of Erickson’s Addition of Gov’t Lot 1 in Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; The East 327.39' of the West 1,593.55' of the South 390' of the South 1/2 of Gov’t Lots 1 & 2 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; The South 208.71' of the East 208.71' of Lot 5 of Supreme Acres in the South 1/2 of the South 1/2 of Gov’t Lots 1 & 2 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, South Dakota; including the Sundowner Avenue, Interstate 29 and north half of W. 85th Street rights-of-way adjacent thereto; Lincoln County, South Dakota 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: 04/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 73. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA-- ANNEXATION 018845-2023—COSTELLO N 1/2 SW 1/4 Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resolution No. 39-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 39-24  ANNEXATION 018845-2023—COSTELLO N 1/2 SW 1/4 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. 3. Sundowner Avenue is in the capital program, and the 85th Street and I29 Interchange is planned for construction 2025-2026, with final completion likely in 2027. Applicant needs to have a paved street before any development plans can be approved. 4. Publicly financed sanitary sewer is available for the proposed annexation area; sewer lines need to be extended to the sites. 5. Publicly financed water is available for the proposed annexation area; water lines need to be extended to the sites. 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: The North 1/2 of Government Lots 1 & 2 (excluding Lot H-1 and the North 333') in the SW 1/4 of Section 18, Township 100 North, Range 50 West of the 5th P.M.; including the Sundowner Avenue right-of-way adjacent thereto; Lincoln County, SD. 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: 04/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 74. A RESOLUTION EXCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA -- NE 1/4 NW 1/4 Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to defer Item 74 to the May 14, 2024 Council Meeting. Roll call vote to defer. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.  75. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA -- ERICKSON’S ADDITION Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Starr to adopt Resolution No. 41-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 41-24 ANNEXATION 018628-2023—ERICKSON’S ADDITION 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. 3. Sundowner Avenue is in the capital program, and the 85th Street and I-29 Interchange is planned for construction in 2025-2026, with final completion likely in 2027. Applicant needs to have a paved street before any development plans can be approved. 4. Publicly financed sanitary sewer is available for the proposed annexation area; sewer lines need to be extended to the sites. 5. Publicly financed water is available for the proposed annexation area; water lines need to be extended to the sites. 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 2 & Lot 3 Erickson’s Addition Gov’t Lot 1 SW 1/4 in Section 18, Township 100 North, Range 50 West of the 5th P.M., all in Lincoln County, South Dakota; and the abutting public right-of-way. 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: 04/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 76. A RESOLUTION APPROVING THE REMOVAL OF CERTAIN ON-STREET PARKING ON OXBOW AVENUE TO IMPROVE BICYCLE FACILITIES Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 42-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 42-24 A RESOLUTION APPROVING THE REMOVAL OF CERTAIN ON-STREET PARKING FROM OXBOW AVENUE TO IMPROVE BICYCLE FACILITIES. WHEREAS, there is a desire to connect two trails that end at Oxbow Ave. between 49th St. and 57th St. with an on- street bicycle facility; and WHEREAS, parking studies done on Oxbow Ave. from 49th St. to 57th St. show low to no on- street parking usage; and WHEREAS, Oxbow Ave. is identified as a high priority on-street bicycle route in the 2023 Sioux Falls Bicycle Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the resolution to remove on-street parking from Oxbow Ave. between 49th St. and 57th St., is hereby approved. Date adopted: 04/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 77. A RESOLUTION APPROVING THE REMOVAL OF CERTAIN ON-STREET PARKING FROM SIXTH STREET TO IMPROVE BICYCLE FACILITIES Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Barranco to adopt Resolution No. 43-24.  Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 43-24 A RESOLUTION APPROVING THE REMOVAL OF CERTAIN ON-STREET PARKING FROM SIXTH STREET TO IMPROVE BICYCLE FACILITIES. WHEREAS, there is a desire to extend the on-street bike route on Sixth St. from Veterans Parkway to Sycamore Ave. and improve the bicycle facilities; and WHEREAS, parking studies done on Sixth St. from Veterans Parkway to Sycamore Ave. show low on-street parking usage; and WHEREAS, the Sixth St. on-street bike route is identified as a very high priority on-street bicycle route in the 2023 Sioux Falls Bicycle Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the resolution to remove on-street parking from Sixth St. between Sycamore Ave. and Veterans Parkway, is hereby approved. Date adopted: 04/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 78. A RESOLUTION DECLARING THE RESULTS OF THE CITY OF SIOUX FALLS MUNICIPAL ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 9TH DAY OF APRIL 2024 Sponsors: Council Members Selberg and Merkouris A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Resolution No. 44-24. Roll call vote to adopt. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 44-24 A RESOLUTION DECLARING THE RESULTS OF THE CITY OF SIOUX FALLS MUNICIPAL ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 9TH DAY OF APRIL 2024. On Tuesday, the 9th day of April 2024, a City of Sioux Falls Municipal Election was held. The purpose of the election was to elect two Council Members for the City of Sioux Falls, SD. The City Council of the City of Sioux Falls met as the Canvassing Board pursuant to law on Tuesday, April 16, 2024, at the Carnegie Town Hall, 235 West 10th St., Sioux Falls, SD, at 6 p.m., to canvass the votes cast for City offices at said Municipal Election. Pursuant to the Canvassing Board’s report, candidates for the offices of one At-Large Council Member position and one Northeast District position received the following votes: For the At-Large Council Member, four-year term position: Richard L. Thomason—5,052; Jordan Deffenbaugh—4,110; and Allison Renville—1,692. For the Northeast District Council Member, four-year term position: David Zokaites—162; Neil Jeske—409; and Miranda Basye—1,238. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to the Canvassing Board’s report, no candidate received a majority of the votes cast at said election for the office of At-Large Council Member. That pursuant to the Canvassing Board’s report, Miranda Basye received a majority of the votes cast at said election and is hereby declared elected to the office of Northeast District Council Member. BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it is necessary to hold a Runoff Election as provided by law on Tuesday, April 30, 2024, and the election shall be held for the two candidates in the race for At-Large Council Member who received the highest number of votes at the first election. They are: For At-Large Council Member, four-year term: Name Votes Richard L. Thomason 5,052 Jordan Deffenbaugh 4,110 This resolution will become effective upon first publication. Date adopted: 04/16/24 . 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) 79. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: March 31, 2024. NEW BUSINESS GENERAL PUBLIC INPUT  Mat Tougas spoke on the animal rescue statistics. Deb Woods spoke on the living conditions of properties owned by Tzadik Properties. Jason Aldridge spoke on the efforts of Tzadik Properties. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn the meeting at 7:15 p.m. Voice vote to adjourn. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk