City Council Meeting

MINUTES Regular City Council Meeting Tuesday, March 3, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Pastor Rick Carlson, Prairie Hills Covenant Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 18, 2020  City Council Meeting of Tuesday, February 18, 2020  Informational Meeting of Tuesday, February 25, 2020  City Council Working Session of Wednesday, February 26, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 28, 2020. 7. Approval of a request from Siouxland Heritage Museums to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on April 16, 2020, for the following purpose: exhibit opening reception. 8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 11, 2020; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Harms Oil, #1 Clear Diesel ($2.2216) and #2 Clear Diesel ($2.0341); CHS, Inc., #1 Clear Diesel ($2.2325) and #2 Clear Diesel ($2.0325); Parkland USA/SPF Energy Inc./Farstad Oil, #1 Clear Diesel ($2.187) and #2 Clear Diesel ($1.985); Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy/Farstad Oil. 9. Report of Requests for Quotes for Fuel dated: February 12, 2020; Unleaded (8,500 Gallons); Cole Petroleum, Unleaded ($1.8186); Vollan Oil, Unleaded ($1.8355), Parkland, Unleaded ($1.834); Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole Petroleum. 10. Report of Requests for Quotes for Fuel dated: February 18, 2020; Clear Dyed Diesel #1 (5,000 Gallons), Clear Dyed Diesel #2 (5,000 Gallons) and Unleaded (5,500 Gallons); Vollan Oil, Clear Dyed Diesel #1 ($1.9785), Clear Dyed Diesel #2 ($1.7915) and Unleaded ( $1.8985); Howes Oil, (Clear Dyed Diesel #1( $1.9785, Clear Dyed Diesel #2 ($1.79) and Unleaded ($1.876); Parkland, (Clear Dyed Diesel #1 ($1.985), Clear Dyed Diesel #2 ($1.80) and Unleaded ($1.885); Cole Petroleum, (Clear Dyed Diesel #1 ($1.9675), Clear Dyed Diesel #2 ($1.7892) and Unleaded ($1.873); Harms, (Clear Dyed Diesel #1($1.9723), Clear Dyed Diesel #2 ($1.7988) and Unleaded ($1.1.897); Stern Oil and Olson Oil, all no bid. Bid awarded to: Cole Petroleum. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. South Dakota Department of Transportation, 1310 E. 63rd St. N., Parcel #15128, for 2018 property taxes in the amount of $248.41. Reason: The property is exempt from the tax. 12. South Dakota Department of Transportation, 1310 E. 63rd St. N., Parcel #15128, for 2019 property taxes in the amount of $737.62. Reason: The property is exempt from the tax. 13. South Dakota Department of Transportation, 1400 E. 63rd St. N., Parcel #15129, for 2018 property taxes in the amount of $128.84. Reason: The property is exempt from the tax. 14. South Dakota Department of Transportation, 1400 E. 63rd St. N., Parcel #15129, for 2019 property taxes in the amount of $382.58. Reason: The property is exempt from the tax. 15. South Dakota Department of Transportation, 1408 E. 63rd St. N., Parcel #15130, for 2018 property taxes in the amount of $131.04. Reason: The property is exempt from the tax. 16. South Dakota Department of Transportation, 1408 E. 63rd St. N., Parcel #15130, for 2019 property taxes in the amount of $389.10. Reason: The property is exempt from the tax. 17. South Dakota Department of Transportation, 1401 E. 63rd St. N., Parcel #15137, for 2018 property taxes in the amount of $701.47. Reason: The property is exempt from the tax. 18. South Dakota Department of Transportation, 1401 E. 63rd St. N., Parcel #15137, for 2019 property taxes in the amount of $1,077.56. Reason: The property is exempt from the tax. 19. Valerie Rea, 1712 E. 5th Street, Parcel #35239, for 2019 property taxes in the amount of $1,639.34. Reason: Assessment Freeze for the Elderly and Disabled. 20. Clarence Miller, 826 N. Indiana Avenue, Parcel #37502, for 2019 property taxes in the amount of $822.71. Reason: Assessment Freeze for the Elderly and Disabled. 21. Kenneth Halbritter, 900 W. 10th Street, Parcel #42329, for 2019 property taxes in the amount of $449.45. Reason: Assessment Freeze for the Elderly and Disabled. 22. Eugene Hagar, 700 E. 57th Street, Parcel #54697, for 2019 property taxes in the amount of $449.45. Reason: Assessment Freeze for the Elderly and Disabled. 23. Azra Dubinovic, 8610 W. Lavern Wipf Street, Parcel #81943, for 2019 property taxes in the amount of $461.05. Reason: Assessment Freeze for the Elderly and Disabled. The City Council concurs with the Lincoln County Director of Equalization's recommendation for approval of the following abatements: 24. Michael Runge, 4801 N. Velocity Ave., Parcel #281.91.00.A400, for 2019 property taxes in the amount of $11,910.40. Reason: Plats filed in 2017, 2018-this is the parent parcel and should have been deleted. 25. Sioux Empire Federal Credit Union, SF - Interstate Crossing Business Park and Lots 1&2, Block 3, Parcel #280.58.03.001, for 2019 property taxes in the amount of $88.26. Reason: The property is exempt from the tax. 26. SAJ Real Estate Holdings, 2601 S. Minnesota Ave., Ste. 105, Parcel #280.57.03.004A, for 2019 property taxes in the amount of $490.48. Reason: The property is exempt from the tax. 27. Matt and Gina Ditmanson, 2908 W. 37th Circle, Suite 503, Parcel #280.33.01.025, for 2019 property taxes in the amount of $1,752.54. Reason: A loss occurred because of flood, fire, storm, or other unavoidable casualty. 28. Heart Hospital of South Dakota LLC, 4500 W. 69th, Parcel #280.80.00.004A, for 2019 property taxes in the amount of $236.01. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 29. Set a date of hearing for Tuesday, March 17, 2020. New 2020 Retail Wine & Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Trail Ridge Senior Living, 3408 West Ralph Rogers Road, Suite 100 (CUP not required). 30. Set a date of hearing for Tuesday, March 17, 2020. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Paradise West Casino II, 5109 West 12th Street, Suite A (CUP not required). 31. Set a date of hearing for Tuesday, March 17, 2020. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Paradise West Casino II, 5109 West 12th Street, Suite A (CUP not required). 32. Set a date of hearing for Tuesday, March 17, 2020. New 2020 Retail Wine & Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Staybridge Suites, 4210 West 59th Street (CUP not required). 33. Set a date of hearing for Tuesday, March 17, 2020. New 2019-20 Retail Malt Beverage/SD Farm Wine, requesting off-sale use only, for Casey’s General Store #3878, 5810 East 26th Street, with Conditional Use Permit (9734-2018) being approved on January 3, 2019. 34. Set a date of hearing for Tuesday, March 17, 2020. New 2020 Retail Wine & Cider License for 69th Street Looks Market LLC, 500 East 69th Street (CUP not required). 35. Set a date of hearing for Tuesday, March 17, 2020. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from Heineman Hospitality Corp, Looks Fine Foods, 6213 South Old Village Place, to 69th Street Looks Market LLC, 500 East 69th Street (CUP not required). 36. Set a date of hearing for Tuesday, March 17, 2020. Transfer of 2019-20 Retail Malt Beverage, with video lottery terminals, from JS Bar LLC, JJ Billiards, 309 South Elmwood Avenue, to DDK LLC, JJ Billiards, 309 South Elmwood Avenue (CUP not required). 37. Set a date of hearing for Tuesday, March 17, 2020. Transfer of 2020 Retail Liquor License from Harrisburg Crossing LLC, 5801 East 41st Street, to Commonwealth Gaming & Holdings Corp, Deuces Casino IIA, 1912 West 41st Street, Suite A (CUP not required). REGULAR AGENDA 38. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend the Regular Agenda by moving Item 60 to immediately follow Item 45. Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 39. PUBLIC INPUT James Reed spoke about housing for the homeless population. Heather Pastor spoke about her unemployment and about homeless people that are addicts. Melanie Bliss spoke about the makeup of the transportation review team for the bus pilot program in Sioux Falls. Cathy Brechtelsbauer spoke about the proposed bus pilot program. Steven Siano spoke about the Scoop It Program, the bus system, asked for increased time for Public Input, and his denied rights as a disabled person. David Zokiates spoke about city programs for urban renewal. UNFINISHED BUSINESS 40. Transfer of 2020 Package Liquor License from Belay Abebe, Mercato, 631 West 11th Street, to Michaele Guley, Mercato, 631 West 11th Street (CUP not required). 41. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Williquors Inc., to be operated at USD Community Center, 4801 North Career Avenue, for a special event on March 12, 2020. 42. Special One-Day Malt Beverage License for Siouxland Heritage Museums to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a Saint Patrick’s Day family event on March 17, 2020. 43. Special One-Day Malt Beverage License for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive, for a Cinco De Mayo fiesta on May 9, 2020. 44. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Interstate House of Pancakes Inc., Roll n Pin to be operated at Open Space, 6212 South Pinnacle Place, for a wedding reception on March 14, 2020.  A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve Items 40-44. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 45. 2nd Reading: Deferred from the meeting of Tuesday, February 11, 2020; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Highways and Streets, $1,700,000; Fire, $3,300,000; and Parks and Recreation, $1,125,000) A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 14-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Item 60 was heard at this time. See Item for action taken. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 12TH ST. AND EAST OF S. SIX MILE RD. JUST WEST OF THE BIG SIOUX RIVER FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 11597-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 15-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF I-229, SOUTH OF E. 34TH ST. N., AND EAST OF N. ST. PAUL AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 11599-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): 1. The AD4 (Attached Dwelling - Traditional eight-unit townhome) form is only allowed to build up to a twin home or duplex. 2. A 6-foot screening fence is required instead of a 4-foot fence within the Level A buffer yard.  A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 16-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 808 S. GRANGE AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11585-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 17-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. ARROWHEAD PKWY., WEST OF S. VETERANS PKWY., AND NORTH OF E. 18TH ST. FROM THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE CN CONSERVATION AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 11622-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Ordinance No. 18-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. BISON TRL. AND S. VINEYARD AVE. FROM THE O OFFICE DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 11602-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt said Ordinance No. 19-20. A motion was made by Council Member Brekke and seconded by Council Member Stehly to defer Item 50 to the City Council Meeting on Tuesday, March 17, 2020. Roll call vote to defer. 3 Yes: Brekke, Starr, Stehly; 5 No: Erickson, Kiley, Neitzert, Selberg, Soehl. Motion Failed.  Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 1 No: Stehly. Motion Passed. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1507 S. NORTON AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 11601-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 20-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NW CORNER OF E. 26TH ST. AND S. VETERANS PKWY. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 11596-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 21-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE AMENDMENT TO AND EXTENSION OF THE LEASE OF CITY PROPERTY TO WR RESTAURANTS MANAGEMENT, L.L.C. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 22-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 54. 1st Reading: Deferred from the meeting of Tuesday, February 11, 2020; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE ENTERTAINMENT TAX FUND. (Washington Pavilion, $355,000) Recommendation: Set a date of 2nd Reading for Tuesday, March 10, 2020. A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of hearing for Tuesday, March 10, 2020 for Item 54.  Roll call vote to set a date of hearing. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBCHAPTER SIOUX FALLS VETERANS PARK ADVISORY BOARD OF CHAPTER 95: PARKS AND RECREATION OF THE CODE OF ORDINANCES OF SAID CITY. Recommendation: Set a date of 2nd Reading for Tuesday, March 10, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of hearing for Tuesday, March 10, 2020 for Item 55. Roll call vote to set a date of hearing. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING INTERIM WATER RATES FOR CERTAIN CUSTOMERS OUTSIDE THE CITY OF SIOUX FALLS. (Prairie Meadow Area). Recommendation: Set a date of 2nd Reading for Tuesday, March 10, 2020. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of hearing for Tuesday, March 10, 2020 for Item 56. Roll call vote to set a date of hearing. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 57. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE PRAIRIE MEADOW SANITARY DISTRICT AND THE CITY OF SIOUX FALLS. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 24-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 24-20 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE PRAIRIE MEADOW SANITARY DISTRICT AND THE CITY OF SIOUX FALLS. WHEREAS, the City of Sioux Falls (“City”) owns and operates the Sioux Falls Regional Wastewater System (Regional Wastewater System) for collection, storage, treatment, recycling, and reclamation of wastewater and industrial wastewater within the City Publicly Owned Treatment Works (“POTW”) and for conveyance and treatment of wastewater from governmental entities connected to the Regional Wastewater System including Prairie Meadow Sanitary District (“District”); and WHEREAS, the District operates a wastewater system on rural property adjacent to the City and discharges wastewater through a pipe to the City’s Regional Wastewater System, pursuant to a Joint Powers Agreement between the District and the City dated March 7, 2014; and WHEREAS, the District has been awarded a grant from the South Dakota Department of Environment and Natural Resources (“DENR”) Consolidated Water Facilities Construction Program (CWFCP) and such grant must be utilized on or before March 31, 2020; and WHEREAS, the District’s Board of Trustees has determined that significant cost savings and other benefits would be realized by District Customers if the District used the CWFCP grant to pay the City a hook-up fee so that its District Customers would be directly served by the City’s POTW; and WHEREAS, the District has asked the City to assume the ownership and operation of the District Wastewater System, and the City agrees to do so and provide wastewater service directly to the customers of Prairie Meadow Sanitary District pursuant to the terms set forth in said Joint Powers Agreement; and WHEREAS, SDCL Chpt 1-24 authorizes public agencies, including municipalities and sanitary districts, to jointly exercise any powers, privileges or authority that such public agencies are capable of exercising on their own; and WHEREAS, SDCL Chpt 6-5 authorizes local governments, including municipalities and sanitary districts, to transfer, lease, sell, give or convey any real property, personal property, or money from one to another; and WHEREAS, the District and the City entered into a March 7, 2014, Industrial Pretreatment Addendum obligating the City to directly administer and enforce permits and state regulations pertaining to regulated industrial wastewater generated within boundaries of the District (in the event any such regulated industrial wastewater is or will be generated within the District) and such Industrial Pretreatment Addendum must remain in place in order to comply with state and federal law, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it hereby approves the document titled “Joint Powers Agreement between the Prairie Meadow Sanitary District and the City of Sioux Falls” and accepts the wastewater facilities and obligations contained such Joint Powers Agreement; That the Mayor of the City of Sioux Falls be authorized to sign the Joint Powers Agreement and is further authorized to sign, deliver, record, and take such other actions as may be required to effectuate the terms and intent of the Joint Powers Agreement. That the prior Joint Powers Agreement dated March 7, 2014, between the City and the District is hereby terminated, except the separate Industrial Pretreatment Addendum dated March 7, 2014, shall remain in effect. Date adopted: 03/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 58. A RESOLUTION APPROVING A WATER AGREEMENT BETWEEN MINNEHAHA COMMUNITY WATER CORPORATION AND THE CITY OF SIOUX FALLS. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 25-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 25-20 A RESOLUTION APPROVING A WATER AGREEMENT BETWEEN MINNEHAHA COMMUNITY WATER CORPORATION AND THE CITY OF SIOUX FALLS. WHEREAS, the City of Sioux Falls owns and operates a water system to treat and supply potable water to its customers within the city; and WHEREAS, Minnehaha Community Water Corporation (MCWC) owns and operates a water system to supply potable water to its rural customers near and adjacent to the city in an area known as the Prairie Meadow Area and has been purchasing water from the City to provide water to serve the rural customers; and WHEREAS, MCWC and City agree it would be in the best interests of both parties for MCWC to transfer its facilities, easements, and connections in the Prairie Meadow Area to the City and for City to directly provide water service to the customers in the Prairie Meadow Area; and WHEREAS, MCWC and the City have negotiated a Water Agreement to effectuate the transfer of the facilities, easements, and connections in the Prairie Meadow Area, as shown on a map entitled 2020 Prairie Meadow Area Water Map (Exhibit A to the Water Agreement); NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it hereby approves the document titled “Water Agreement” between the MCWC and the City and accepts the water facilities and obligations contained in the Water Agreement. That the Mayor of Sioux Falls be authorized to sign the Water Agreement and is further authorized to sign, deliver, record, and take such other actions as may be required to effectuate the terms and intent of the Water Agreement. Date adopted: 03/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 59. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (Various Leases) A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Resolution No. 26-20.  Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 26-20 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the city of Sioux Falls once at least ten (10) days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: FARM LEASES—TILLABLE CROPLAND, PASTURE, AND HAYING LEASES— ONE-YEAR LEASES  Tract 1 and Tract 2 of Sencore Addition to City of Sioux Falls in the S1/2 of Section 6-T101N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 12, Webster Grove Addition to City of Sioux Falls in the SW1/4 of Section 14-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 2, Tract 7, Tract 8, and Tract 10 all in the SW1/4 of Section 36-T102N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2, Thelin Addition to City of Sioux Falls in the N1/2NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Iverson Park Addition in the SW1/4 of Section 21-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of the SE1/4NW1/4 lying south of SD Hwy 42 in Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of Tracts 4 and 5 of G. H. Perry Addition of the N1/2 of Section 28-T101N- R48W of the 5th P.M., Minnehaha County, SD, lying west of the Big Sioux River and north of SD Hwy 42  Tract 2 in the SE1/4 of Section 29-T102N-R49W of the 5th P.M., Minnehaha County, SD, lying west of Ditch Road and north of 60th Street North  Tract 1 of Sioux Falls Landfill Addition in the E1/2 of Section 34-T101N-R51W of the 5th P.M., AND Tract 1 of Sioux Falls Landfill Addition in Section 35-T101-R51W of the 5th P.M., all in Minnehaha County, SD, AND Lot 2 of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., AND Lots 1, 3, 4, 5, 6, 7 and platted drive of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., all in Turner County, SD, AND Tract 1, Tipton’s Addition in the NW1/4 of Section 7-T100N-R51W of the 5th P.M., Lincoln County, SD  W1/2SE1/4 and E1/2SW1/4, now known as Wellfield 1st Addition in the S1/2 of Section 8-T102N-R49W of the 5th P.M., Minnehaha County, SD  That part of the W1/2SW1/4 lying east of railroad right-of-way in Section 4-T102N- R49W of the 5th P.M., Minnehaha County, SD  Nesheim 2nd Addition in the E1/2NE1/4 of Section 20-T103N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 of NW1/4, and Tract 1D of NE1/4, and NE1/4 (except Swartz’s Addition and except all H Lots), and Tract 1 (access road) of SE1/4 all in Section 28-T103N-R49W of the 5th P.M., AND Tract 1 (access road) of SW1/4 in Section 27-T103N-R49W of the 5th P.M., all in Minnehaha County, SD  E1/2SW1/4 (except H Lots) and SE1/4 (except Tracts 1, 2, and 3 of Swartz’s Additions and except H Lots) all in Section 21-T103N-R49W of the 5th P.M., Minnehaha County, SD  NE1/4 and N1/2SE1/4 (except areas east of county road along Slipup Creek) all in Section 23-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 and E1/2NW1/4 in Section 12-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2 of Slipup Creek Watershed Addition in the SE1/4 and SW1/4 in Section 1-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2SE1/4 (lying east of county road along Slipup Creek) in Section 23-T102N-R49W of the 5th P.M., AND NW1/4SW1/4 of Section 24-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NE1/4 (except Fredericksen Tract 1 contained therein, and except County Auditor’s Lot H-1 contained therein) of Section 14-T102N-R49W of the 5th P.M., Minnehaha County, SD  Rogers Tract 2 in the NW1/4 of Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 (except Tract 1) and E1/2NW1/4 of Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 6B County Auditor’s Subdivision and part of the NW1/4NE1/4 (except Lot E-1) all in the NE1/4 of Section 32-T102N-R49W of the 5th P.M., AND a portion of Lot E-3 and Tract 2, both of County Auditor’s Subdivision in the NW1/4 of Section 33-T102N-R49W of the 5th P.M., all in Minnehaha County, SD  Northwest Tower Addition in the SW1/4 of Section 24-T102N-R50W of the 5th P.M., Minnehaha County, SD  SW1/4SE1/4 in Section 7-T103N-R50W of the 5th P.M., Minnehaha County, SD  NE1/4SE1/4, and the access strip of land 16.5 feet in width known as Tract 1, all in the SE1/4SE1/4 of Section 31-T104N-R50W of the 5th P.M., Minnehaha County, SD  Vander Woude Tract 2 in the NW1/4 of Section 2-T101N-R50W of the 5th P.M., Minnehaha County, SD (  Tract 1 of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County, SD  Tract A of Sioux Empire Development Park 8 Addition to the City of Sioux Falls in Section 35-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NW1/4 & SW1/4NW1/4 & SE1/4NW1/4 & NW1/4NE1/4 all in Section 36-T102N- R49W of the 5th P.M., AND SW1/4 & SW1/4NE1/4 lying west of the Big Sioux River, all in Section 36-T102N-R49W of the 5th P.M., AND NW1/4 & SW1/4 lying north and west of the Big Sioux River in Section 1-T101N-R49W of the 5th P.M., AND Tract 1 Knabach Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 2 of East Benson Addition to the City of Sioux Falls, Minnehaha County, SD  W1/2NE1/4 (EX R-1 & EX S200), Section 34-T101N-R51W of the 5th P.M., Minnehaha Co., SD, physical address of 46369 267th St., Hartford, SD 57033  That portion of the West Half of the Northwest Quarter (W1/2 NW1/4) lying East of the Railroad Right of Way, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota; AND The East Half of the Northwest Quarter (E1/2 NW1/4), except the South 2 Rods thereof and except the North 33 feet of the East Half of the Northwest Quarter (E1/2 NW1/4) of Section 9, Township 102 North, Range 49 West of the 5th P.M., Lying South of and immediately adjacent to Lot 4, except the East 178.3 feet of said Lot 4 measured along the South line thereof, of Nessans Subdivision of Tract 1 of County Auditors plat of Tracts 1 and 2 of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 4, Township 104 North, Range 49 West of the 5th P.M., all of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota; AND The North Half of the Northeast Quarter (N1/2 NE1/4) except Lot H-1 contained therein and  except the Silver Creek Estates Replat, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota  SW1/4 lying east of Big Sioux River (except Swanson’s Tract 1) & W1/2SE1/4 (except Sweetman Tract 1), all in Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD GREEN SPACE LEASES—LEASED BY NEIGHBORING OWNER IN EXCHANGE FOR WEED CONTROL/LAWN MAINTENANCE—ONE-YEAR LEASES  Lot 4, Block 2, Fox Run Addition an Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Great Northern Second Addition to the City of Sioux Falls, Minnehaha County, SD  Lot 1 in Tract B, Sycamore Crossing Addition to the City of Sioux Falls, Minnehaha County, SD DRAINAGE PROPERTY—PORTION LEASED FOR CONCRETE PAD PARKING AND DUMPSTER ENCLOSURE—ONE-YEAR LEASE  Tract 1 of Great Northern First Addition to the City of Sioux Falls, Minnehaha County, SD TOWER PROPERTY—PORTION LEASED FOR COMMUNICATION TOWER-MULTI YEAR LEASE  Lot 2A of the replat of part of Block 4 of Lewis Heights Addition to the City of Sioux Falls, Minnehaha, County, SD  57th Street Elevated Water Storage Tank Space located within Lot 1 of Bakker Tract No. 1 in Government Lots 2 and 3 of Section 12-T100N-R50W of the 5th P.M., Lincoln County, SD, commonly known as 2201 E. 57th St.  Menlo Avenue Elevated Water Storage Tank Space located within Block 23, Sage’s Subdivision of Blocks 7, 10, and 23, of Park Addition to Sioux Falls, Minnehaha County, SD, commonly known as 1200 S. Menlo Ave.  Melanie Lane Elevated Water Storage Tank located within Tract 2, Sycamore Hill Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 1900 S. Melanie Ln.  Western Heights Elevated Water Storage Tank located within Lot A in Tract 1 of Public School Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 3201 S. Kuehn Park Rd. each for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value. Date adopted: 03/03/20 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 60. A RESOLUTION AMENDING THE 2020–2024 CAPITAL PROGRAM. Public Works- Highways and Streets (Asphalt Street Rehabilitation -$1,700,000); Fire (Construction of Fire Station #12 - $3,300,000); Parks and Recreation (Great Bear Master Plan - $800,000) and Terrace Park Development ($325,000). A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 27-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 27-20 A RESOLUTION AMENDING THE 2020–2024 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2020–2024 Capital Program shall be amended as follows: Public Works-Highways and Streets Amend Capital Improvements Program Project No. 11079, Asphalt Street Rehabilitation, by increasing the amount of funding for construction by $1,700,000 in 2020. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Fire Amend Capital Improvements Program Project No. 09002, Construction of Fire Station #12, by increasing the amount of funding by $3,300,000 for design and construction in 2020. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Parks and Recreation Amend Capital Improvements Program Project No. 14025, Great Bear Master Plan Improvements, by increasing the amount of funding by $800,000 for the replacement of the chairlift in 2020. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Amend Capital Improvements Program Project No. 14031, Terrace Park Development, by increasing the amount of funding by $325,000 for design and construction in 2020. The additional funding will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance. Date adopted: 03/03/20 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 61. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD ADDITION (11603-2020). The Planning Commission recommends approval (5-0). A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 28-20. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. RESOLUTION NO. 28-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD ADDITION (11603-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Sanford Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 03/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 62. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE CROWN AT ARBOR'S EDGE ADDITION (11604-2020). The Planning Commission recommends approval (5-0). A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Resolution No. 29-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 29-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE CROWN AT ARBORʼS EDGE ADDITION (11604-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of The Crown at Arborʼs Edge Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 03/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 63. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SUNDANCE RIDGE ADDITION (11606-2020). The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 30-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 30-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SUNDANCE RIDGE ADDITION (11606-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Sundance Ridge Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 03/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 64. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Brekke and seconded by Council Member Kiley to adopt Resolution No. 31-20. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Stehly; 1 No: Starr. Motion Passed. RESOLUTION NO. 31-20 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Dr. Mike Pekas Board of Health Appointed for a term from March 2020 to March 2023 (to replace Dr. Amundson). Renae Vink Board of Health Appointed for a term from March 2020 to March 2023 (to replace Rose Moehring). Patricia Bolds Falls Community Health Center Reappointed for a term from Governing Board March 2020 to March 2023. Madeline Shields Falls Community Health Center Appointed for a term from March Governing Board 2020 to March 2023 (to replace Susy Blake). Aaron Meyer Infrastructure Review Advisory Appointed for a term from March Board (IRAB) 2020 to March 2023 (to replace Chris Lidel, Contractors Assoc. Representative). Ron Sauby Solid Waste Planning Board Appointed for a term from March 2020 to March 2023 (to replace Gerald Gerken, SD Multi-Housing Assoc. Representative). Cindy Neuroth Solid Waste Planning Board Reappointed for a term from March 2020 to March 2023 (Hauling Industry Representative). Date adopted: 03/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, 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) 65. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED DECEMBER 31, 2019. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Selberg to adjourn the meeting at 9:40 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk