City Council Meeting

MINUTES City Council Meeting Tuesday, August 20, 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 Miranda Basye, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Jennifer Sigette, Council Member Curt Soehl, Council Member Ryan Spellerberg, Council Member David Barranco, Council Member Richard L. Thomason, Mayor Paul TenHaken, Absent: None 2. INVOCATION  Marc Sundstrom, Lead Pastor, Linwood Wesleyan Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Basye and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Budget Hearings of Tuesday, August 13, 2024  City Council Meeting of Tuesday, August 13, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated August 16, 2024.  A motion was made by Council Member Basye and seconded by Council Member Soehl to approve Item 6, Sub-Item 5: Planning & Development/Housing; Sub-Recipient Agreement to provide loan funds for the purchase, demolition of structures currently located on the property & preparation of the property for construction of a low-income housing tax credit; 24-4223; Southeastern Behavioral Healthcare; Not to Exceed $1,000,000. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. APPLICATIONS 7. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 South Grange Avenue, for a special event on August 27, 2024. 8. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 504 North Phillips Avenue, for concerts on August 22, 23, 24 29, 30, and 31, 2024. 9. Special One-Day Liquor License for T Slat Inc., to be operated at 3016 West 57th Street, for a tournament on August 31, 2024. 10. Special One-Day Liquor License for KJT LLC to be operated at 2400 South Riverview Avenue, for a special event on September 6, 2024. 11. Special One-Day Liquor Licenses for Sanford Frontiers to be operated at 4210 Bobhalla Drive, for a tournament on October 21-27, 2024. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, September 3, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License for Kwik Star #1257, 901 North Ebenezer Avenue. 13. Set a date of hearing for Tuesday, September 3, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License for Kwik Star #1711, 1301 North Finnegan Avenue. 14. Set a date of hearing for Tuesday, September 3, 2024. New 2024-25 Retail Malt Beverage License for Gash Barka LLC, 2412 East 10th Street. 15. Set a date of hearing for Tuesday, September 3, 2024. Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for Jazz events on September 11 & 25, 2024. 16. Set a date of hearing for Tuesday, September 3, 2024. Special One-Day Malt Beverage License for South Dakota Hispanic Chamber of Commerce to be operated at the 504 North Phillips Avenue, for a Latino Festival on September 15, 2024. REGULAR AGENDA 17. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Basye to approve the Regular Agenda as amended. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to amend the Regular Agenda by moving Item 45 to immediately follow Item 31. Roll call vote to amend. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve the Regular Agenda as amended. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Item 6, Sub-Item 5 was heard at this time. See item for action taken. UNFINISHED BUSINESS 18. New 2024-25 Retail Malt Beverage License for Neon Casino, 1029 North Minnesota Avenue. 19. New 2024-25 Retail Malt Beverage License for Black Fork Farms, 401 East 8th Street, Suites 126 & 128. 20. New 2024-25 Retail Malt Beverage License for 5 Oaks, 480 East 69th Street. 21. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, from Philip Verschoor, Phil’s Corner, 106 South Indiana Avenue, to Has Beens LLC, Phil’s Corner, 106 South Indiana Avenue. 22. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, from Connexions, 5409 West 41st Street #5411, to Connexions, 1813 South Marion Road, Suite 101. 23. New 2025 Retail Wine License for Connexions, 1813 South Marion Road, Suite 101. 24. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, from Connexions Plus, 5415 West 41st Street, to Connexions Plus, 1813 South Marion Road, Suite 102. 25. New 2025 Retail Wine License for Connexions Plus, 1813 South Marion Road, Suite 102. 26. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from Falls Casino, 3505 East 10th Street, Suite 1, to Big Al’s Casino 3, 4701 East Arrowhead Parkway, Suite 101. 27. Special One-Day Malt Beverage License for Christ the King School, 1801 South Lake Avenue, for a social event on September 14, 2024. A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve Items 18 through 27. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW HOBBY BEEKEEPING AT THE ZOO. Sponsors: Council Members Cole and Thomason A motion was made by Council Member Cole and seconded by Council Member Spellerberg to adopt Ordinance No. 73-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE TRANSFER OF CITY PROPERTY. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Sigette to adopt Ordinance No. 74-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $11,000,000. Sponsor: Mayor  A motion was made by Council Member Cole and seconded by Council Member Spellerberg to adopt Ordinance No. 75-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR SITE ACQUISITION, DUE DILIGENCE, MASTER PLANNING, AND/OR PRELIMINARY DESIGN SERVICES THAT WILL SUPPORT A FUTURE SOUTHERN SIOUX FALLS OUTDOOR AQUATICS CENTER. Sponsors: Council Members Barranco and Thomason A motion was made by Council Member Barranco and seconded by Council Member Thomason to adopt Ordinance No. 76-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Item 45 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1500 S. SYCAMORE AVE. FROM THE O OFFICE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 19783-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Lisa Stellinga A motion was made by Council Member Cole and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS, NO. 19900-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Lloyd Construction Company – Luke Jessen A motion was made by Council Member Merkouris and seconded by Council Member Soehl to withdraw Rezone No. 19900-2024. Roll call vote to withdraw. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND WEST OF S. FAITH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 19901-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Nielson Construction – Kelly Nielson A motion was made by Council Member Barranco and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5521 E. ACTIVE GEN PL. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE RT-1 SINGLE-FAMILY RESIDENTIAL— TRADITIONAL DISTRICT, NO. 19902-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Lloyd Construction Company – Luke Jessen A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 35. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3410 N. 10TH AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19903-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): South Eastern Development Foundation - Lynne Keller Forbes A motion was made by Council Member Basye and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 36. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4900 S. COTTONWOOD PL. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE O OFFICE DISTRICT, NO. 19895-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): VanBuskirk Companies – Ryan Tysdal  A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 37. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 302 S. SUMMIT AVE. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE MMU1 MIDTOWN MIXED- USE—LOW DENSITY DISTRICT, NO. 19899-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Lloyd Construction Company – Luke Jessen A motion was made by Council Member Soehl and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 38. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5100 E. 26TH ST. FROM THE O OFFICE AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 19906-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Lloyd Construction Company – Luke Jessen A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3301 W. 57TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 19691-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): City of Sioux Falls A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 3, 2024 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 41. Deferred from the meeting of August 7, 2024; MOTION AUTHORIZING THE PROPOSAL TO DEMOLISHING HOMES AT 1005, 1023, 1027 S. DAKOTA AVE., AND 414 W. 19TH ST. IN THE SHERMAN HISTORIC DISTRICT AND THE ISSUANCE OF ANY RELATED PERMIT BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Barranco to approve Item 41. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 42. A RESOLUTION ADOPTING WRITTEN FINDINGS BY THE CITY COUNCIL GRANTING A PROPOSAL TO DEMOLISH HOMES AT 414 W. 19TH ST., 1005, 1023, AND 1027 S. DAKOTA AVE. IN THE SHERMAN HISTORIC DISTRICT AND THE ISSUANCE OF ANY RELATED PERMITS BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Barranco to adopt Resolution No. 91-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 91-24 A RESOLUTION ADOPTING WRITTEN FINDINGS BY THE CITY COUNCIL GRANTING A PROPOSAL TO DEMOLISH HOMES AT 414 W. 19TH ST., 1005, 1023, AND 1027 S. DAKOTA AVE. IN THE SHERMAN HISTORIC DISTRICT AND THE ISSUANCE OF ANY RELATED PERMITS BASED UPON THE CONSIDERATION OF ALL RELEVANT FACTORS, AND THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE PROPOSAL AND THE PROGRAM INCLUDES ALL POSSIBLE PLANNING TO MINIMIZE HARM TO THE HISTORIC PROPERTY RESULTING FROM SUCH USE. WHEREAS, a hearing to determine that there is no feasible and prudent alternative to the proposal to demolish 1005, 1023, and 1027 S. Dakota Ave. and 414 W. 19th St. in the Sherman Historic District based upon the consideration of all relevant factors, and that the program includes all possible planning to minimize harm to the historic property resulting from such use came before the City Council at its normal meeting time on Wednesday, August 7, 2024; and WHEREAS, the City conducted a public meeting, gave notice of the hearing as required by law, and gave consideration to all relevant factors; and WHEREAS, at the conclusion of the hearing, a motion authorizing the proposal to demolish homes at 1005, 1023, and 1027 S. Dakota Ave. and 414 W. 19th St. in the Sherman Historic District with the condition that the Tre Living Apartment review, sale, and development occurs and the issuance of any related permits based upon the consideration of all relevant factors, and that the program includes all possible planning to minimize harm to the historic property resulting from such use at, passed with eight (8) votes for granting the motion and zero (0) votes denying the motion by the City Council; and WHEREAS, thereafter the above-referenced motion, the City Council authorized the Sioux Falls City Attorney’s Office to prepare written findings consistent with said motion for discussion, review, and approval by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals above are adopted as findings, and in addition, the following findings are adopted: FINDINGS: 1. The proposal to demolish homes at 1005, 1023, and 1027 S. Dakota Ave. and 414 W. 19th St. in the Sherman Historic District shall hereinafter be referred to as the “Proposal.” 2. The Proposal impacts the Sherman Historic District which is listed on the National Register of Historic Places. 3. The Proposal was reviewed by the Board of Historic Preservation (BoHP) on June 12, 2024, at which time the Board determined that the Proposal, if approved, would not have an adverse effect on the Sherman Historic District. 4. The Proposal as reviewed by the BoHP included a structural analysis on the homes to determine their integrity for saving them. 5. On June 18, 2024, a case report regarding the Proposal was received by the South Dakota State Historic Preservation Office (SHPO). 6. On June 24, 2024, SHPO sent a letter to Diane deKoeyer with Sioux Falls Planning and Development Services that contained a determination that the Proposal would destroy historic property that is included in the National and State Registers of Historic Places; that the Proposal will encroach upon historic property; and that alternatives to the Proposal have not been adequately considered and should be further explored. 7. The applicant has requested the City Council to make a final determination on the Proposal. 8. Pursuant to SDCL 1-19A-11.1, the Sioux Falls City Council held a public hearing on August 7, 2024, to determine that there is no feasible and prudent alternative to the Proposal based upon the consideration of all relevant factors, and that the program includes all possible planning to minimize harm to the historic property resulting from such use. 9. The applicant has the burden to show the absence of feasible and prudent alternatives. 10. The City Council heard testimony and presentations from City staff and provided an opportunity for testimony from the applicant, proponents, and opponents of the Proposal. 11. The City Council’s review and consideration included, but was not limited to, the above-referenced testimony and presentation; the BoHP Staff Report and Tre Living Apartment Review; South Dakota Codified Law 1-19A-11.1; Summary of SDCL 1-19A-11.1 Review Process; BoHP Meeting Minutes for June 12, 2024; SHPO letter of June 24, 2024, and letter of July 12, 2024; SHPO SDCL 1-19A-11.1 Case Report; RISE Structural Associates Report from February 9, 2022; Apex Structural Design LLC report from August 10, 2018; Cost Estimate updated June 25, 2024; reasonable and prudent alternatives to the Proposal have been explored. 12. The applicant has shown an absence of a feasible and prudent alternative to the Proposal. 13. The properties subject to the Proposal could not be sold. 14. The properties subject to the Proposal could not be rehabilitated. 15. Rehabilitation of the properties is not possible due to technical, structural, and engineering considerations. 16. Restoration of the properties subject to the Proposal is economically imprudent. 17. The Proposal, if approved, would not have an adverse effect on the Sherman Historic District. 18. Based upon consideration of all relevant factors, there are no feasible and prudent alternatives to the Proposal, and the program has included all possible planning to minimize harm to the historic property resulting from such use, so long as the Tre Living Apartment review, sale, and development occur. 19. The recorded minutes, video, supporting materials, and testimony on Agenda Items 84, 85, and 86 of the August 7, 2024, Sioux Falls City Council  Meeting are incorporated herein in support of any and all findings made herein. Date adopted: 08/20/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 43. RESOLUTION DECLARING THE NECESSITY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, CONSTRUCT SIDEWALK, STORM SEWER, ASPHALT SURFACING, CONCRETE SURFACING, WATER, AND STREETLIGHTS ON E. 6TH STREET, AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Barranco to defer Item 43 to the City Council Meeting on Tuesday, September 3, 2024. Roll call vote to defer. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 44. A RESOLUTION TO AMEND THE JOINT POWERS AGREEMENT FOR THE CREATION OF AND MINNEHAHA COUNTY INVOLVEMENT WITH THE ACCESSIBLE HOUSING ADVISORY BOARD. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Resolution No. 78-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 78-24 A RESOLUTION TO AMEND THE JOINT POWERS AGREEMENT FOR THE CREATION OF AND MINNEHAHA COUNTY INVOLVEMENT WITH THE ACCESSIBLE HOUSING ADVISORY BOARD. WHEREAS, the parties agree to amend the Agreement dated May 1, 2020, and filed as City Agreement No. 20-4195 by amending Sections 2.1, 3.2, 3.3, 3.7, 4.1, and 4.2 as to read as attached below: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Joint Powers Agreement between the City of Sioux Falls and Minnehaha County is hereby amended pursuant to the Joint Powers Agreement attached to and part of this resolution. Date adopted: 08/20/24 . Paul TenHaken, Mayor  ATTEST: Jermery J. Washington, City Clerk 45. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. Sponsors: Council Members Barranco and Thomason A motion was made by Council Member Barranco and seconded by Council Member Thomason to adopt Resolution No. 90-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 90-24 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: Parks and Recreation Amend Capital Improvement Program Project No. 14009, Aquatics and Ice Rink Development, by increasing funding in the amount by $500,000 in 2024 for purposes of land acquisition, due diligence, master planning, and/or preliminary design for a southside outdoor aquatics center. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Date adopted: 08/20/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS GENERAL PUBLIC INPUT Deb Woods spoke on the Council needing to work for all residents. Catherine Riffle commented on people in downtown area being harrassed by law enforcement. Chester Deyoung spoke about a traffic survey, rezoning, and street design criteria. Pam Saboe spoke about Tzadik Properties, and costs to the City from dealing with Tzadik issues. Paul Marlow spoke on homelessness and Tzadik Properties.  Samantha Scarlata spoke about Tzadit Properties, and crime and violence in Sioux Falls. Travis Labrick (sp?), Tzadik Properties Maintenance Supervisor, spoke about efforts to collaborate with residents and the City to resolve maintenance issues. David Zokaites commented on being acquitted. Sierra Broussard spoke about previous commenter's acquittal, Tzadik Properties, and Tzadik tenants and their complaints. Alex Zeeb, Leasing Manager for Tzadik Properties, spoke on Tzadik Properties requesting tenants to come to them first with issues/complaints,Tzadik using a new maintenance tracking system, and more town hall meetings with tenants. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adjourn the meeting at 7:57 p.m. Voice vote to adjourn. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk