City Council Meeting

MINUTES City Council Meeting Tuesday, February 16, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (Via telecom), Council Member Alex Jensen (Via telecom), Council Member Rick Kiley (Via telecom), Mayor Paul TenHaken Absent: Council Member Christine M. Erickson 2. INVOCATION  Tom Rooney, Director of the Direct Line Prayer Center 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 9, 2021  City Council Meeting of Tuesday, February 9, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated February 12, 2021. 8. Report of Requests for Quotes for Fuel dated: February 3, 2021: Unleaded (3,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded $1.8866. 9. Report of Requests for Quotes for Fuel dated: February 4, 2021. Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $1.8856 and Dyed Diesel #2 $ 1.7825. 10. Report of Requests for Quotes for Fuel dated: February 8, 2021. Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $1.9198 and Dyed Diesel #2 $ 1.8097. 11. Report of Requests for Quotes for Fuel dated: February 8, 2021: Unleaded (2,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded $1.9387. APPLICATIONS The City Council concurs with the recommendation for approval of the following abatements: 12. Evan Evans, 2804 S. Marion Rd., Parcel #49493, for 2020 property taxes in the amount of $401.38. Reason: Assessment Freeze for the Elderly and Disabled. 13. City of Sioux Falls, 2245 S. Wheatland Ave., Parcel #91419, for 2020 property taxes in the amount of $1,257.06. Reason: The property is exempt from the tax. 14. Cherie Banks, 3505 E. 25th St., Parcel #36252, for 2020 property taxes in the amount of $581.29. Reason: Assessment Freeze for the Elderly and Disabled. 15. Rod and Jeanne Bethke, 2109 E. 29th St., Parcel #41034, for 2020 property taxes in the amount of $217.12. Reason: Technical error resulted in incorrect assessment. 16. Emily Ramirez, 521 N. Franklin Ave, Parcel #46221, for 2020 property taxes in the amount of $334.33. Reason: Assessment Freeze for the Elderly and Disabled. 17. MFR-XIX Gables, LLC., 900 S. Colleen Ave., Parcel #61754, for 2020 property taxes in the amount of $1,941.01. Reason: Due to a technical glitch, the board value agreed upon of $360,000 during the 2020 Board of Equalization for the 2020 assessments  payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 18. MFR-XIX Gables, LLC., 906 S. Colleen Ave., Parcel #61755, for 2020 property taxes in the amount of $1,634.05. Reason: Due to a technical glitch, the board value agreed upon of $310,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 19. MFR-XIX Gables, LLC., 912 S. Colleen Ave., Parcel #61756, for 2020 property taxes in the amount of $1,624.27. Reason: Due to a technical glitch, the board value agreed upon of $310,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 20. MFR-XIX GABLES LLC., 918 S. Colleen Ave, Parcel #61757, for 2020 property taxes in the amount of $1,604.09. Reason: Due to a technical glitch, the board value agreed upon of $310,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 21. MFR-XIX Gables, LLC., 919 S. Jayme Ln., Parcel #61758, for 2020 property taxes in the amount of $1,604.09. Reason: Due to a technical glitch, the board value agreed upon of $310,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 22. MFR-XIX Gables, LLC., 913 S. Jayme Cir., Parcel #61759, for 2020 property taxes in the amount of $1,604.09. Reason: Due to a technical glitch, the board value agreed upon of $310,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 23. MFR-XIX, Gables, LLC., 907 S. Jayme Cir., Parcel #61760, for 2020 property taxes in the amount of $1,632.17. Reason: Due to a technical glitch, the board value agreed upon of $310,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 24. MFR-XIX Gables, LLC., 901 S. Jayme Cir., Parcel #61761, for 2020 property taxes in the amount of $1,418.79. Reason: Due to a technical glitch, the board value agreed upon of $340,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 25. North Ridge Development, LLC., 2400 S. Marion Rd., Parcel #77514, for 2020 property taxes in the amount of $2,520.00. Reason: Due to a technical glitch, the board value agreed upon of $353,000 during the 2020 Board of Equalization for the 2020 assessments payable 2021 did not transfer appropriately in the computer software causing the property to be taxed at the incorrect initial assessed value. 26. John and Jocilyn Kok, 400 N. Willow Creek Dr., Parcel #91203, for 2020 property taxes in the amount of $449.70. Reason: Assessment adjustment due to incorrect square footage calculation. NOTICE OF HEARINGS 27. Set a date of hearing for Tuesday, March 2, 2021. Transfer of 2021 Retail Wine & Cider License and 2021 Package Liquor License from Luciano’s North LTD, Luciano’s North, 720 South Highline Place, to Cellar 54 LLC, Cellar 54, 720 South Highline Place (CUP not required). 28. Set a date of hearing for Tuesday, March 2, 2021. Transfer of 2021 Retail Liquor License from RRK Wireless LLC, 512 North Main Avenue, to RoundHouse BrewPub- South Dakota Inc., RoundHouse BrewPub, 1515 East 69th Street, with Conditional Use Permit (CU-013390-2020) being approved on December 2, 2020. 29. Set a date of hearing for Tuesday, March 2, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for RoundHouse Brew Pub, 1515 East 69th Street. 30. Set a date of hearing for Tuesday, March 2, 2021. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off- sale use only, for Juba International Market LLC, 1512 East 10th Street (CUP not required). 31. Set a date of hearing for Tuesday, March 2, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Bauer Enterprises LLC, Four Hills, 2800 East Marson Drive, with Conditional Use Permit (CU-013621-2020) being approved on February 3, 2021. 32. Set a date of hearing for Tuesday, March 2, 2021. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Four Hills, 2800 East Marson Drive. 33. Set a date of hearing for Tuesday, March 2, 2021. New 2021 Retail Wine & Cider License for Bonus Round Bar, 127 West 10th Street. 34. Set a date of hearing for Tuesday, March 2, 2021. Special One-Day Liquor License for T Slat, JJ’s Wine, Spirits & Cigars to be operated at Sanford Event Barn, 2510 East 54th Street North, for Summit League Viewing Parties on March 6, 7, 8 and 9, 2021. REGULAR AGENDA 35. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Soehl to approve the Regular Agenda.  A motion was made by Council Member Neitzert and seconded by Council Member Selberg to amend the Regular Agenda by moving Agenda Item 53 immediately before Agenda Item 36. Roll call vote to amend. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. Agenda Item 53 was heard at this time. See Item for action taken. UNFINISHED BUSINESS 36. New 2021 Retail Wine & Cider License for Minnehaha Country Club Inc., Minnehaha Country Club, 3101 West 22nd Street. 37. New 2021 Retail Wine & Cider License, requesting off-sale use only, for Houndstooth House LLC, Houndstooth House, 201 West 37th Street (CUP not required). 38. Transfer of 2021 Package Liquor License from Davlon Inc., Shop N Cart, 4209 West 12th Street, to MG Oil Company, Corner Pantry 23, 4209 West 12th Street. 39. Transfer of 2021 Package Liquor License from Cubby’s Inc., Cubby’s, 1900 West 12th Street, to Cosmic LLC, Circle S, 1900 West 12th Street. 40. Special One-Day Liquor License for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North, for a NAWIC mixer/fundraiser on March 11, 2021. A motion was made by Council Member Soehl and seconded by Council Member Selberg to approve Agenda Items 36 through 40. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 53: PUBLICLY OWNED TREATMENT WORKS—GENERAL PROVISIONS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 19-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY MOVING SECTION 50.023(g) TO CHAPTER 51: UTILITY RATES AND CHARGES AND AMENDING SECTION 51.050 OF CHAPTER 51: UTILITY RATES AND CHARGES. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 20-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING CHAPTER 59: WATER DEPARTMENT REGULATIONS. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 21-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50: UTILITIES GENERALLY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Ordinance No. 22-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO SIOUX FALLS DEVELOPMENT FOUNDATION, INC., IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-THREE, CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, March 2, 2021. Private Applicant(s): Sioux Falls Development Foundation A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, March 2, 2021 for Item 45. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 69TH ST. AND EAST OF S. SYCAMORE AVE. FROM THE AG AGRICULTURE TO THE POPUD PEDESTRIAN-ORIENTED PLANNED UNIT DEVELOPMENT, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, AND C-4 COMMERCIAL—REGIONAL DISTRICTS, NO. 13645-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 2, 2021. Private Applicant(s): Ronning Enterprises Inc (Chuck Point) A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 2, 2021 for Item 46. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 49TH ST. AND EAST OF S. GRANGE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 13647-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 2, 2021. Private Applicant(s): REM Construction Services (Paul Reynolds) A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 2, 2021 for Item 47. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 702 S. DULUTH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 2, 2021. Private Applicant(s): Aaron George Properties (Aaron George) A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 2, 2021 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND WEST OF N. MARION RD. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 13657-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 2, 2021. Private Applicant(s): Norman Engineering Inc. (Aaron Norman) A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, March 2, 2021 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 209 S. SPRING AVE. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13671-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, March 2, 2021. Private Applicant(s): The Gathering Place, LLC (Cindy Tripp) A motion was made by Council Member Soehl and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, March 2, 2021 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 51. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (Various Leases) Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 16-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 16-21 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 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, SD; 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, SD; 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, SD  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   Unzelman & Shultz Addition in the Northeast Quarter (NE1/4) and the East One-Half of the Northwest Quarter (E1/2NW1/4) of Section 15, of Township One Hundred One (101) North in Range 50 West of the 5th P.M., Minnehaha County, SD, according to the recorded plat thereto  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- MULTIYEAR 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: 02/16/21 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 52. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN LOTS 6 AND 7 IN BLOCK 1 OF TIMBERLINE ESTATES 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Gary Harr A motion was made by Council Member Selberg and seconded by Council Member Starr to adopt Resolution No. 17-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 17-21 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN LOTS 6 AND 7 IN BLOCK 1 OF TIMBERLINE ESTATES 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent sanitary sewer easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; WHEREAS, the permanent sanitary sewer easement was established by plat and filed in Book 67 of Plats on page 217 in the office of the Register of Deeds for Minnehaha County, SD, on September 8, 2005; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement area, as shown on attached Exhibit A, and affecting the real property described as Lots 6 and 7 in Block 1 of Timberline Estates 2nd Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 02/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 53. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT ONE TO THE FIRST AMENDED MANAGEMENT AND OPERATING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AND WASHINGTON PAVILION MANAGEMENT, INC. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 18-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 18-21 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT ONE TO THE FIRST AMENDED MANAGEMENT AND OPERATING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AND WASHINGTON PAVILION MANAGEMENT, INC. WHEREAS, Washington Pavilion Management, Inc. (“Management Company”) and the City of Sioux Falls, SD (“City”) are parties to a First Amended Management and Operating Agreement dated June 14, 2019, and filed as City Agreement No. 19-4114 (the “Agreement”); and WHEREAS, the City has previously operated a municipal band providing concerts throughout the community since 1919; and WHEREAS, the City Council established the Municipal Band Task Force to study and recommend a long-term strategy that foster a financially sustainable Sioux Falls Municipal Band; and WHEREAS, on January 14, 2021, the Municipal Band Task Force unanimously approved a motion recommending that the City begin negotiations to transfer the management of the Sioux Falls Municipal Band to Washington Pavilion Management, Inc.; and WHEREAS, the Municipal Band Task Force recommendation was reported in an open meeting of the Sioux Falls City Council on January 19, 2021, and a resolution approving said recommendation was approved by the Sioux Falls City Council on February 2, 2021; and WHEREAS, the City seeks to contract with Management Company to provide for management of the municipal band commencing in calendar year 2021; and WHEREAS, the parties desire to enter into Amendment One to modify the Agreement to add management of the municipal band by adding an additional Recital and adding Article 17 to the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this resolution entitled “Amendment One to the First Amended Management and Operating Agreement  between the City of Sioux Falls, South Dakota, and Washington Pavilion Management, Inc.” is hereby approved. Section 2. The Mayor is authorized to sign the Amendment One to Agreement after it is ratified and executed by Management Company. 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: 02/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 54. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 19-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 19-21 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 Kari Benz Falls Community Health Appointed for a term from Center Governing February 2021 to May 2022 (to Board fill the unexpired term of Jonathan Ott). Adam Emerson Library Board of Appointed for a term from Trustees February 2021 to February 2024 (to replace Alexandra Hartzler). Date adopted: 02/16/21 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sierra Broussard spoke about the ability to pull consent agenda items. Tim Stanga spoke about mask guidelines and shortcomings of the CDC. Mike Zitterich spoke about his proposal for a healthy lifestyle ordinance. ADJOURNMENT A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adjourn at 8:05 p.m. Roll call vote to adjourn. 6 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen; 0 No: (None). Motion Passed. Kiley was not present for the vote on this motion. Thomas M. Greco, City Clerk