City Council Meeting

MINUTES Regular City Council Meeting Tuesday, May 4, 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 Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  David Aronson, PhD 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 20, 2021  City Council Meeting of Tuesday, April 20, 2021  Informational Meeting of Tuesday, April 27, 2021  Joint Council Meeting - Minnehaha County of Tuesday, April 27, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 30, 2021. 7. Notice of change orders on the memorandum dated April 30, 2021. 8. Statement of Claim for Mechanic's and/or Materialman's Lien relating to a Public Improvement Project from RAM Construction Services of Minnesota, LLC for work and materials furnished to Journey Group Companies d/b/a SFC Civil Constructors, regarding Project No. 20-8012: 8th Street Bridge and Greenway Improvement. 9. Approval of a request from Patrick Verley and Alannah Sturgeon to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th Street, on May 13, 2022, for the following purpose: wedding. 10. Report of Requests for Quotes for Fuel dated: April 14, 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 $2.2308. 11. Report of Requests for Quotes for Fuel dated: April 14, 2021; Dyed Diesel 1 (2,500 Gallons) and Dyed Diesel #2 (2,500 Gallons). Coles Petroleum (Dyed Diesel #1 $2.1243 and Dyed Diesel #2 $1.9878). Farstad Oil and Howes Oil all no bid. Bid awarded to: Coles Petroleum. 12. Report of Requests for Quotes for Fuel dated: April 15, 2021: Unleaded (7,000 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 $2.2827. 13. Report of Requests for Quotes for Fuel dated: April 21, 2021. Dyed Diesel # 2 (15,000 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 Dyed Diesel #2 $2.0114 per gallon. 14. Report of Requests for Quotes for Fuel dated: April 22, 2021: Unleaded (7,500 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 $2.2321. 15. Report of Requests for Quotes for Fuel dated: April 22, 2021; Dyed Diesel #2 (6,000 Gallons); Coles Petroleum (Dyed Diesel #2 $ 2.054), Farstad Oil (Dyed Diesel #2 $2.028). CHS Inc., Olson Oil, and Howes Oil all no bid. Bid awarded to: Farstad Oil. APPLICATIONS 16. Various Retail Malt Beverage renewals for 2021-2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 17. Parcel #52548, for 2018 property taxes in the amount of $2,197.82. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 18. Parcel #52548, for 2019 property taxes in the amount of $2,342.44. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 19. Parcel #52548, for 2020 property taxes in the amount of $$2,251.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 20. Joshua Skogan, 4612 E. Tiger Lilly St., Parcel #76406, for 2019 property taxes in the amount of $1,148.07. Reason: The property is exempt from the tax. 21. Joshua Skogan, 4612 E. Tiger Lilly St., Parcel #76406, for 2020 property taxes in the amount of $1,245.48. Reason: The property is exempt from the tax. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 22. Peggy Halda, 5816 S. Bounty Place, Parcel #283.05.08.004A, for 2020 property taxes in the amount of $749.96. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 23. Set a date of hearing for Tuesday, May 18, 2021. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street (CUP not required). 24. Set a date of hearing for Tuesday, May 18, 2021. Transfer of 2021 Retail Liquor License from Sanford Frontiers, Great Shots Golf, 2505 West Benson Road, to Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street North. 25. Set a date of hearing for Tuesday, May 18, 2021. Transfer of 2021 Retail Liquor License from Sanford Frontiers, Sanford Event Barn, 2510 East 54th Street North, to Sanford Frontiers, Great Shots Golf, 2505 West Benson Road. 26. Set a date of hearing for Tuesday, May 18, 2021. Transfer of 2021 Retail Liquor License from the Square on Main LLC, 340 South Main Avenue, to the Square on Main LLC, 360 South Main Avenue. 27. Set a date of hearing for Tuesday, May 18, 2021. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, from G & W Inc, Gary Cone Amoco, 1027 South Cleveland Avenue, to Kash LLC, 1027 South Cleveland Avenue. 28. Set a date of hearing for Tuesday, May 18, 2021. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale only, for Kash LLC, 1027 South Cleveland Avenue. 29. Set a date of hearing for Tuesday, May 18, 2021. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 4800 North Career Avenue, for PorkPalooza on June 4-5, 2021. 30. Set a date of hearing for Tuesday, May 18, 2021. Special One-Day Malt Beverage License for Fernson Taphouse to be operated in the US Courthouse Plaza (between 334 South Phillips Avenue and 400 South Phillips Avenue), for Celebrate 605 Day on June 5, 2021. 31. Set a date of hearing for Tuesday, May 18, 2021. Special One-Day Malt Beverage License and Special One-Day Wine License for Saint Mary’s Catholic Church, 2109 South 5th Avenue, for a community event on June 13, 2021. 32. Set a date of hearing for Tuesday, May 18, 2021. Special One-Day Liquor License for McNally’s Irish Pub to be operated in the McNally’s parking lot, 6211 South Old Village Place, for a fundraiser on June 17, 2021. 33. Set a date of hearing for Tuesday, May 18, 2021. Special One-Day Malt Beverage License and Special One-Day Wine License for Hoffberger Escape LLC, to be operated at Amy Stockberger Real Estate, 601 West 49th Street, for a special event on June 26, 2021. 34. Set a date of hearing for Tuesday, May 18, 2021. Special One-Day Malt Beverage License and Special One-Day Wine License for Sioux Falls Sister Cities to be operated at Avera IT Parking Lot, 212 East 11th Street and Fawick Park, 200 South 2nd Avenue and on South Second Avenue between East 10th Street and South Third Avenue, for German Fest on September 11, 2021. REGULAR AGENDA 35. 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 Neitzert and seconded by Council Member Erickson to amend the Regular Agenda by moving Items 58 and 59 to follow Items 48 and 23, respectively. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 36. New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209 West 12th Street (CUP not required). Pending permit issuance and final inspections per Building Services. 37. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209 West 12th Street. Pending permit issuance and final inspections per Building Services. 38. Special One-Day Liquor License for Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500 South Minnesota Avenue, for a fundraiser on May 6, 2021. 39. Special One-Day Malt Beverage License for Falls Area Single Track to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 22, 2021. 40. Special One-Day Malt Beverage License for Fernson Brewing Company to be operated at Great Outdoor Store, 201 East 10th Street, for a Gear & Beer event on May 22, 2021. 41. Special One Day Malt Beverage License and Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for an East Bank block party on June 4, 2021. 42. Special One-Day Liquor License for Red Rock Bar & Grill Inc. to be operated at 4800 North Career Avenue, for Porkapalooza on June 4 & 5, 2021. 43. Special One-Day Liquor License for TNT Entertainment to be operated at Albert House Parking Lot, 337 North Phillips Avenue, for a concert on July 16, 2021. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Items 36 through 43. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 44. 2nd Reading: Deferred from the Meeting of Tuesday, April 6, 2021; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1700 E. 72ND ST. N FROM THE RS, SINGLE-FAMILY RESIDENTIAL – SUBURBAN AND RD-1, TWINHOME/DUPLEX RESIDENTIAL - SUBURBAN DISTRICTS TO THE RA-2, APARTMENT RESIDENTIAL – MODERATE DENSITY, RD- 1, TWINHOME/DUPLEX RESIDENTIAL-SUBURBAN AND I-1, LIGHT INDUSTRIAL DISTRICTS, NO. 13818-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Parclin Real Estate Group (Clint Dreyer) A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 44-21.  A motion was made by Council Member Neitzert and seconded by Council Member Starr to amend Item 44 by adding the following condition: Maximum Size of 16 units per building in the RA-1 Zone. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1200-1202 E. 6TH ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13884-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Brandon Ness A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 45-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5800 E. 26TH ST. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13886-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 46-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1308 E. DIKE DR. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 13945-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): RCM Services Inc. – Paul Reynolds A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 47-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13946-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): 41Six, LLC – Brady Hyde A motion was made by Council Member Kiley and seconded by Council Member Neitzert to defer Item 48 to the City Council Meeting on Tuesday, May 11, 2021. Roll call vote to defer. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Item 58 was heard at this time. See item for action taken. 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 915, 921, AND 923 N. BLAUVELT AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13964-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Affordable Housing Solutions – Brent Tucker A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Ordinance 48-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 316 N. WESTERN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13983-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Veterans Community Project - Ben Hendershot A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 49-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 617 E. 29TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY  RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14012-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Brook Van Gundy A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 50-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 800 S. EBENEZER AVE. FROM THE C-4 COMMERCIAL— REGIONAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING DISTRICT, NO. 14019-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Marion Community MHP LLC – Graham Belchers A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 51-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. MARION RD. FROM THE PO-PUD PEDESTRIAN-ORIENTED PUD DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 14007-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): 1) Require one evergreen tree every 40' with a deciduous tree between each evergreen tree along the NW property line that abuts the RD-1, Twin Home/Duplex Residential- Suburban District. Private Applicant(s): Cresten Capital Holdings – Erica Mullaly A motion was made by Council Member Neitzert and seconded by Council Member Selberg to adopt Ordinance No. 54-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Item 59 was heard at this time. See item for action taken. 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A MASTER LICENSE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND NEW CINGULAR WIRELESS PCS, LLC, D/B/A AT&T, FOR THE INSTALLATION AND MAINTENANCE OF POLES AND SMALL CELL EQUIPMENT IN CITY RIGHTS-OF-WAY.  Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Ordinance No. 52-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 55. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 77: PARKING REGULATIONS, SUBCHAPTER: PUBLIC PARKING ADVISORY BOARD. Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 53-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED JOINT ZONING ORDINANCE FOR LINCOLN COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY LEGALLY DESCRIBED AS EGGE’S TRACT 1, EXCEPT LOT 1 AND 2, OF THE W1/2SW1/4 OF SECTION 11-T100N-R49 WEST OF THE 5TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, SOUTH DAKOTA. FROM THE “A-1” AGRICULTURAL DISTRICT TO THE “RR” RURAL RESIDENTIAL DISTRICT. Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Lincoln County Commission Meeting of Tuesday, May 25, 2021. A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of hearing for Tuesday, May 25, 2021 for Item 56. Roll call vote to set a date of hearing. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 57. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PKWY. AND S. SIX MILE RD., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resoluton No. 42-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed.  RESOLUTION NO. 42-21 A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PKWY. AND S. SIX MILE RD., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the city of Sioux Falls, SD, in front of and abutting upon the following described property to be assessed:  Tract A of Assam’s Addition in the west half of Section 20, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota  Tract 3 of Perry Warren Estate’s Addition in Section 20, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota  Tract 1 of Willow Run Addition in Section 20, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota  Perry Tract 1 in the SW1/4 NW1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.035 of the Code of Ordinances of Sioux Falls, SD, and SDCL Chapter 9-46. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner- occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled, or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Planning and Development Services, 231 N. Dakota Ave., P.O. Box 7402, Sioux Falls, SD 57117-7402, or call 367-8888, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in five (5) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-89. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Construct 4" Thick Sidewalk ..........................................$30 Per Front Foot Date adopted: 05/04/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 58. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SPLIT ROCK ADDITION (13919-2021). Private Applicant(s): Design and Develop Engineering, LLC – Dave Jibben A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Item 58. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend Item 58 by replacing "Split Rock" with "Ten Cate's" in the title and body of the proposed resolution. Roll call vote to amend. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to defer Item 58 to the City Council Meeting on Tuesday, May 11, 2021. Roll call vote to defer. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 59. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HAZELTINE ADDITION (14009-2021). Private Applicant(s): Brosz Engineering Inc – Erik Case A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 43-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 43-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HAZELTINE ADDITION (14009-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Hazeltine 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: 05/04/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 60. A RESOLUTION DETERMINING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS PROPERTY TO GREAT BEAR MANAGEMENT, INC. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 44-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 44-21 A RESOLUTION DETERMINING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS PROPERTY TO GREAT BEAR MANAGEMENT, INC. WHEREAS, pursuant to SDCL Chapter 6-5, any political subdivision may convey and transfer any personal property which is owned by it, which is not held for public use, or which is about to be abandoned for public purposes to a nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the nonprofit corporation to pay for the property; and WHEREAS, the City owns the following property: 44 Borvig center post quad chairs and tow cable, (the “Property”); and WHEREAS, the Property is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the City desires to surplus the Property and gift the same to Great Bear Management, Inc., who intends to sell the Property for memorable purposes to support the operation and maintenance of Great Bear Management, Inc.; and WHEREAS, the City contractually supports Great Bear Management, Inc.’s management of the year-round recreational facility on City property, known as Great Bear; and WHEREAS, the Parks and Recreation Board met on April 21, 2021, and recommended that the City Council approve the surplus and gift of the Property to Great Bear Management, Inc., to sell for memorable purposes to support the operation and maintenance of Great Bear Management, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That the Property is not held for public use or is about to be abandoned for public purposes. Section 3. The City hereby declares pursuant to SDCL Chapter 6-13 the Property to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 4. That the City is hereby directed to transfer by gift the Property to Great Bear Management, Inc., a South Dakota nonprofit corporation to be used for public, charitable, or humanitarian purposes and accommodation. Section 5. The City finds that the proceeds of any sale of the Property by Great Bear Management, Inc., used to support the operation and/or maintenance of Great Bear Management, Inc., satisfies the condition that the Property be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 05/04/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 61. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN LOT 7, BLOCK 1 OF TIMBERLINE ESTATES 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 45-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 45-21 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN LOT 7, BLOCK 1 OF TIMBERLINE ESTATES 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, South Dakota, 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; WHEREAS, the permanent sanitary sewer easement was reaffirmed by plat and filed in Book 83 of Plats on page 82 in the office of the Register of Deeds for Minnehaha County, SD, on March 17, 2021; 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 Lot 7, 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: 05/04/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 62. RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 0014211-2021 - SUNDE ADDITION. Private Applicant(s): David Sunde A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 46-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 46-21 ANNEXATION 0014211-2021—SUNDE ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan.  3. There is access to the major street network along E. 10th St. 4. Sanitary sewer will need to be extended from the existing main in Douglas Fir Ave. 5. City water is available from E. 10th St. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Lot B Tract 1 Minish Addn SE1/4 SW1/4 of Section 17 Township 101, Range 48, West of the 5th P.M., Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 05/04/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sara Puth spoke about medical marijuana. David Zokaites spoke about respecting free speech. Sierra Broussard spoke about the resignation of the Police Chief, high crime areas in the City of Sioux Falls, and the increase in police officer resignations. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Jensen to adjourn the meeting at 7:19 p.m. Voice vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk