City Council Meeting

MINUTES Regular City Council Meeting Tuesday, June 1, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (via telecom), Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Alex Jensen, Mayor Paul TenHaken Absent: Council Member Curt Soehl 1. MEETING ROLL CALL 2. INVOCATION  Pastor Phill Tague, The Ransom Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 18, 2021  City Council Meeting of Tuesday, May 18, 2021  Informational Meeting of Tuesday, May 25, 2021  Joint Council Meeting - Minnehaha County of Tuesday, May 25, 2021   Joint Council Meeting - Lincoln County of Tuesday, May 25, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 28, 2021. 7. Notice of change orders on the memorandum dated May 28, 2021. 8. Report of Requests for Quotes for Fuel dated: May 17, 2021: Dyed Diesel #2 (7,500 Gallons) and Unleaded (2,250 Gallons); Vollan Oil (Dyed Diesel #2 $2.1826 and Unleaded $2.298); Coles Petroleum (Dyed Diesel #2 $2.22 and Unleaded $2.347). CHS and Olson Oil, both no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: May 12, 2021: Unleaded (8,500 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 $2.3508. 10. Report of Requests for Quotes for Fuel dated: May 19, 2021; Dyed Diesel #2 (9,300 Gallons). Coles Petroleum (Dyed Diesel #2 $2.163); Farstad Oil (Dyed Diesel #2 $2.158); Vollan Oil (Dyed Diesel #2 $2.1585); Harms Oil (Dyed Diesel #2 $2.1509). CHS Oil and Howes Oil, both no bid. Bid awarded to: Harms Oil. 11. Report of Requests for Quotes for Fuel dated: May 19, 2021: Unleaded (4,000 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 $2.3586. 12. Report of Requests for Quotes for Fuel dated: May 24, 2021: Unleaded (6,500 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 $2.2718. APPLICATIONS 13. Special One-Day Liquor Licenses for Tslat Inc., to be operated at 524 North Main Avenue, for special events on June 3, 11, 12, 18, 19, 25, and 26, 2021. 14. Special One-Day Liquor License for Prairie Pasta Inc., to be operated at 515 North Main Avenue, for a wedding on June 26, 2021. 15. Special One-Day Liquor Licenses for Great Bear Management Inc., 5901 East Rice Street, for wedding receptions on July 17 and 24, September 25, and October 23, 2021. 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 D. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 17. City of Sioux Falls, 1501 W. 30th St., Parcel #33290, for 2020 property taxes in the amount of $1,012.50. Reason: The property is exempt from the tax. 18. City of Sioux Falls, 3400 S. Marion Road, Parcel #37396, for 2020 property taxes in the amount of $4,636.68. Reason: The property is exempt from the tax. 19. Direct Line, Inc., 227 W. 9th St., Parcel #42975, for 2018 property taxes in the amount of $2,647.62. Reason: The property is exempt from the tax. 20. Direct Line, Inc., 227 W. 9th St., Parcel #42975, for 2019 property taxes in the amount of $2,812.42. Reason: The property is exempt from the tax. 21. Direct Line, Inc., 227 W. 9th St., Parcel #42975, for 2020 property taxes in the amount of $3,006.04. Reason: The property is exempt from the tax. 22. City of Sioux Falls, 4213 S. Palisade, Parcel #51889, for 2020 property taxes in the amount of $1,001.09. Reason: The property is exempt from the tax. 23. City of Sioux Falls, 4217 S. Palisade, Parcel #52858, for 2020 property taxes in the amount of $1,135.11. Reason: The property is exempt from the tax. 24. City of Sioux Falls, 1809 N. Glenwood, Parcel #53628, for 2020 property taxes in the amount of $1,304.29. Reason: The property is exempt from the tax. 25. City of Sioux Falls, 6701 E. 41st St., Parcel #86430, for 2020 property taxes in the amount of $1.14. 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: 26. City of Sioux Falls, 47036 85th Street, Parcel #100.50.18.F300, for 2020 property taxes in the amount of $1,222.30. Reason: The property is exempt from the tax. 27. City of Sioux Falls, 47032 85th Street, Parcel #100.50.18.F200, for 2020 property taxes in the amount of $1,942.92. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 28. Set a date of hearing for Tuesday, June 15, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Maple Inc., Get-N- Lit, 4110 West Maple Street, Suite 102 (CUP not required). 29. Set a date of hearing for Tuesday, June 15, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, to Maple Inc., Get-N-Lit, 2700 South Ellis Road, Suite 102 (CUP not required). 30. Set a date of hearing for Tuesday, June 15, 2021. Transfer of 2021 Retail Liquor License from 4900 Building LLC, Crawford’s, 214 South Phillips Avenue, to OC Crawford’s LLC, Crawford’s, 214 South Phillips Avenue. 31. Set a date of hearing for Tuesday, June 15, 2021. Transfer of 2021 Retail Liquor License from Village River Group LLC, Village on the River, 140 East 10th Street, to Teton Development LLC, Homewood Suites, 3620 West Avera Drive. 32. Set a date of hearing for Tuesday, June 15, 2021. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from SF Lodging Group, LLC, Homewood Suites, 3620 West Avera Drive, to Teton Development LLC, Homewood Suites, 3620 West Avera Drive. 33. Set a date of hearing for Tuesday, June 15, 2021. New 2021 Retail Wine & Cider License for BOB LLC, Blue Rock Bar & Grill, 4021 North Bobhalla Drive. 34. Set a date of hearing for Tuesday, June 15, 2021. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Addabella Restaurants LLC, Kaladi’s Bistro, 1716 South Minnesota Avenue to Digital Anchors LLC, Kaladi’s Bistro, 1716 South Minnesota Avenue. 35. Set a date of hearing for Tuesday, June 15, 2021. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Kaladi’s Bistro, 1716 South Minnesota Avenue. 36. Set a date of hearing for Tuesday, June 15, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Dollar Bills Too, 4920 North Cliff Avenue, Suite 200, with Conditional Use Permit (013809-2021) approved on March 3, 2021. 37. Set a date of hearing for Tuesday, June 15, 2021. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Dollar Bills Too, 4920 North Cliff Avenue, Suite 200. 38. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Zoological Society of Sioux Falls, 805 South Kiwanis Avenue, for special events on June 16 and September 23, 2021. 39. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Liquor License for Tslat Inc., to be operated at 480 East 69th Street, for a South Dakota Bar Association Mixer on June 17, 2021. 40. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Liquor Licenses for Tslat Inc., to be operated at 6212 South Pinnacle Place, for wedding receptions on June 19 and 26,2021. 41. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Liquor License for Tslat Inc., to be operated at 1900 South Perry Place, for a wedding reception on June 26, 2021. 42. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Carpenter Bar, to be operated at 300 North Cherapa Place parking lot, for Sioux Falls Pride on June 26, 2021. 43. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive, for a private event on June 27, 2021. 44. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Malt Beverage License for the El Riad Shriners to be operated at 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 24, 2021. 45. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Liquor License for the Zoological Society of Sioux Falls, 805 South Kiwanis Avenue, for a special event on August 5, 2021. 46. Set a date of hearing for Tuesday, June 15, 2021. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at 200 West Russell Street, for the Sioux Falls Marathon on August 29, 2021. REGULAR AGENDA 47. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 48. Transfer of 2021 Package Liquor License from Austad’s Golf Inc., Austad’s Golf, 2801 East 10th Street, to The Root Cellar Inc., 701 North Phillips Avenue, Suite 150 (CUP not required). 49. New 2021-22 Malt Beverage/SD Farm Wine License for Hi-Fi Hair LLC, 218 West 13th Street (CUP not required). 50. New 2021-22 Malt Beverage/SD Farm Wine License and 2021 Retail Wine License for Sandtrap Inc., 815 South Marion Road, with Conditional Use Permit (014168-2021) being approved on May 5, 2021. 51. Request to add video lottery terminals with the New 2021 Wine License for Sandtrap Inc., 815 South Marion Road. 52. Special One-Day Liquor License for 212 Boiling Point to be operated at The Social, 301 South Thompson Avenue, for a grand opening on June 11, 2021. 53. Special One-Day Malt Beverage and Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at 8th & RR Center parking lot, 401 East 8th Street, for an East bank Block Party on July 2, 2021. A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve Items 48 through 53. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF WEST BROEK DRIVE & SOUTH RONSIEK AVENUE FROM THE RA-2 RESIDENTIAL—APARTMENTS MODERATE DENSITY TO THE CN CONSERVATION DISTRICT, NO. 14145-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 57-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 55. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT SOUTHWEST CORNER OF SOUTH CLIFF AVENUE & EAST 85TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL, AND REC RECREATION DISTRICTS, NO. 14173-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Harrisburg School District #41-2 – Tim Graf A motion was made by Council Member Brekke and seconded by Council Member Jensen to defer Item 55 to the City Council Meeting on Tuesday, June 15, 2021. Roll call vote to defer. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 56. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 259TH STREET & NORTH MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL AND CN CONSERVATION DISTRICT, NO. 14171-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sioux Falls Development Foundation – Bob Mundt  A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 59-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 57. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTH SOUTHEASTERN & EAST BISON TRAIL FROM THE AG AGRICULTURE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL, REC RECREATION, AND O OFFICE DISTRICTS, NO. 14172-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Harrisburg School District #41-2 – Tim Graf A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 60-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 58. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4400 E. 60TH ST. NORTH FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION AND S-1 INSTITUTIONAL DISTRICTS, NO. 14187-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Brekke to adopt Ordinance No. 61-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 59. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 950 AND 1000 S. BLAINE AVE. FROM THE C-1 COMMERCIAL—PEDESTRIAN ORIENTED AND RA-1 APARTMENT RESIDENTIAL— LOW DENSITY DISTRICTS TO THE C-2 COMMERCIAL NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14183-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): AAB Engineering & Surveying – Alan Betchan A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 62-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 60. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH VETERANS PARKWAY & EAST 41ST STREET FROM THE LW LIVE/WORK, RA-1 RESIDENTIAL—APARTMENTS LOW DENSITY, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY, RD-2 RESIDENTIAL—SUBURBAN TOWNHOME DISTRICTS TO THE CN CONSERVATION, RD-1 TWIN HOME/DUPLEX RESIDENTIAL, RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, C-3 COMMERCIAL—COMMUNITY, LW LIVE/WORK, RA-1 RESIDENTIAL—APARTMENTS LOW DENSITY, RA-3 RESIDENTIAL—APARTMENTS HIGH DENSITY DISTRICTS, NO. 14178-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): KCDS INC – Perry Kolb A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Ordinance No. 63-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 61. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4425 W. 69TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 14129-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 64-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 62. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF E. BISON TRAIL AND S. MAPLE ROCK TRAIL FROM THE O OFFICE DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 14039-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Joshua, Inc. - Tim Stenberg A motion was made by Council Member Brekke and seconded by Council Member Jensen to adopt Ordinance No. 65-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 63. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NW CORNER OF NORTH MARION ROAD & WEST PINERIDGE DRIVE FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL—  NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14067-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-2). Private Applicant(s): Signature Companies LLC – Clint Ackerman A motion was made by Council Member Jensen and seconded by Council Member Brekke to adopt Ordinance No. 58-21. Roll call vote to adopt. 5 Yes: Brekke, Erickson, Kiley, Selberg, Jensen; 2 No: Starr, Neitzert. Motion Passed. ORDINANCE FIRST READINGS 64. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE DEFINITION OF MOTORIZED FOOT SCOOTER; AND ESTABLISHING A NEW CHAPTER 125: MOTORIZED FOOT SCOOTERS. Recommendation: Set a date of 2nd Reading for Tuesday, June 8, 2021. Sponsors: Council Members Jensen and Erickson A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of hearing for Tuesday, June 8, 2021 for Item 64. Roll call vote to set a date of hearing. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 65. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Innovative/Hon Lounge to the third floor suite level at the Denny Sanford Premier Center. Recommendation: Set a date of 2nd Reading for Tuesday, June 15, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of hearing for Tuesday, June 15, 2021 for Item 65. Roll call vote to set a date of hearing. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 66. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BURNSFIELD ADDITION (14179-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): KCDS INC – Perry Kolb A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 51-21.  Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 51-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BURNSFIELD ADDITION (14179-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Burnsfield 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: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 67. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRISBURG SCHOOLS 3RD ADDITION (14165-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates – Paul Korn A motion was made by Council Member Jensen and seconded by Council Member Neitzert to defer to the City Council Meeting on Tuesday, June 15, 2021. Roll call vote to defer. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. 68. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FOUNDATION PARK NORTH ADDITION (14153-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates – Paul Korn A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 53-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 53-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FOUNDATION PARK NORTH ADDITION (14153-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Foundation Park North 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: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 69. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRISBURG SCHOOLS 4TH ADDITION (14147-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates – Karin Lang A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 54-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 54-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARRISBURG SCHOOLS 4TH ADDITION (14147-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Harrisburg Schools 4th Addition to the City of Sioux Falls, Lincoln 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: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 70. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PUETZ ADDITION (14143-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): JSA Consulting Engineering/Land Surveyors Inc. – Patrick Schwebach A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 55-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 55-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF PUETZ ADDITION (14143-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Puetz 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: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 71. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WESTERN DIAMOND ADDITION (14128-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 56-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 56-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WESTERN DIAMOND ADDITION (14128-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Western Diamond Addition to the City of Sioux Falls, Lincoln 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: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 72. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Selberg to adopt Resolution No. 57-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 57-21 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Pump Station 240 Capacity Improvements (the “Projects”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the $35,500,000 for the Pump Station 240 Capacity Improvements to the South Dakota Board of Water and Natural Resources for the Project. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Date adopted: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 73. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH HEARTLAND CONSUMERS POWER DISTRICT TO ESTABLISH MUTUAL OBLIGATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT (PURPA) AND PART 292 OF THE CODE OF FEDERAL REGULATIONS FOR THE PURCHASE AND SALE OF ENERGY FROM QUALIFYING FACILITIES. Sponsor: Mayor  A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 58-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 58-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH HEARTLAND CONSUMERS POWER DISTRICT TO ESTABLISH MUTUAL OBLIGATIONS UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT (PURPA) AND PART 292 OF THE CODE OF FEDERAL REGULATIONS FOR THE PURCHASE AND SALE OF ENERGY FROM QUALIFYING FACILITIES. WHEREAS, the City of Sioux Falls (“City”) and Heartland Consumers Power District (“Heartland”) entered into City Agreement No. 06-2222, dated October 1, 2006, requiring Heartland to sell and deliver and the City to purchase and receive the total supplemental electric power and energy requirements of Sioux Falls until termination on December 31, 2036, as established by Amendment No. 1 to City Agreement 06-2222; WHEREAS, paragraph 29 of City Agreement 06-2222 requires the City and Heartland negotiate a separate contract for Heartland’s purchase of energy produced by renewable resources should the City contemplate utilization of said renewable resources to generate electrical energy that would otherwise potentially reduce electrical power and energy purchases from Heartland; WHEREAS, Sections 201 and 210 of the Public Utility Regulatory Policies Act and Part 292 of the Code of Federal Regulation (hereinafter “federal law and regulation”) establish obligations of electric utilities to purchase energy and capacity from qualifying facilities, sell energy and capacity requested by qualifying facilities, make interconnection with qualifying facilities to accomplish purchases or sales, and offer to operate in parallel with qualifying facilities; and WHEREAS, to account for the future purchase or sale of renewable resources as required by federal law and regulation and contemplated in paragraph 29 of City Agreement 06-2222, the City and Heartland desire to memorialize their agreement regarding mutual obligations to purchase from, sell to, and interconnect with said qualifying facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Mayor is authorized to sign such Agreement after it is ratified and executed by Heartland. That the City shall publish this resolution without attachment after its passage. The attachment is on file and available in the office of the City Clerk. Date adopted: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 74. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ADOPTING AN INTERCONNECTION PROCESS AND REQUIREMENTS FOR QUALIFYING FACILITIES TO IMPLEMENT CO-GENERATION OF ELECTRICITY AND SMALL POWER PRODUCTION FACILITIES UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT (PURPA) AND PART 292 OF THE CODE OF FEDERAL REGULATIONS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 59-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 59-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ADOPTING AN INTERCONNECTION PROCESS AND REQUIREMENTS FOR QUALIFYING FACILITIES TO IMPLEMENT CO-GENERATION OF ELECTRICITY AND SMALL POWER PRODUCTION FACILITIES UNDER SECTIONS 201 AND 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT (PURPA) AND PART 292 OF THE CODE OF FEDERAL REGULATIONS. WHEREAS, Sections 201 and 210 of the Public Utility Regulatory Policies Act (PURPA) and Part 292 of the Code of Federal Regulation (hereinafter “federal law and regulation”) establish obligations of electric utilities to purchase energy and capacity from qualifying facilities, sell energy and capacity requested by qualifying facilities, make interconnection with qualifying facilities to accomplish purchases or sales, and offer to operate in parallel with qualifying facilities; and WHEREAS, the City is obliged by federal law and regulation to allow qualifying facilities to interconnect with the City’s electrical distribution system and to operate in parallel with qualifying facilities as may be necessary to accomplish purchases from or sales to said qualifying facilities; and WHEREAS, the City desires to establish process and requirements that ensure qualifying facilities are able to interconnect with the City’s electric distribution system, and operate in parallel therewith, in a safe and reliable manner; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls adopts the attached Interconnection Process and Requirements for Qualifying Facilities under Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 and Part 292 of the Code of Federal Regulations, which is by reference made part hereof. That the City shall publish this resolution without attachment after its passage. The attachment is on file and available in the office of the City Clerk. Date adopted: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 75. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. Sponsors: Council Members Soehl and Neitzert A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 60-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 60-21 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Pursuant to SDCL 9-12-6, the official newspaper for the City of Sioux Falls, SD, shall be the Argus Leader for a period from July 1, 2021, to June 30, 2023. Date adopted: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 76. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2022. Sponsors: Council Members Soehl and Neitzert A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 61-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 61-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2022. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, April 12, 2022, will be rescheduled to 6 p.m., Wednesday, April 13, 2022, as it conflicts with the City of Sioux Falls Municipal Election. That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, May 3, 2022, will be rescheduled to 6 p.m., Wednesday, May 4, 2022, as it may conflict with the City of Sioux Falls Municipal Runoff Election. The corresponding Informational Meetings will be rescheduled as noted above. Date adopted: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 77. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 52-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 52-21 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 Richard Curd Airport Authority Board Appointed for a term from June 2021 to October 2021 (to fill the unexpired term of Julie Schnaible). Lawrence Long Charter Revision Commission Appointed for a term from June 2021 to June 2025. Dana Fisher Planning Commission Reappointed for a term from June 2021 to June 2026. Bradyn Neises Planning Commission Reappointed for a term from June 2021 to June 2026. John Paulson Planning Commission Reappointed for a term from June 2021 to June 2026. Date adopted: 06/01/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS 78. MOTION TO APPOINT A COMMITTEE CONSISTING OF COUNCIL MEMBER GREG NEITZERT AND CHIEF OF STAFF ERICA L. BECK TO THE IM 26 TASK FORCE TO MEET WITH A LIKE COMMITTEE ON THE PART OF LINCOLN AND MINNEHAHA COUNTIES TO DEVELOP ORDINANCES REGARDING THE LICENSING AND REGULATION OF MEDICAL CANNABIS UNDER SDCL 34-20G. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Brekke to approve Item 78. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT David Zokaites spoke about having a quieter city life. Scott Ehrisman spoke about TIF's and riding motorized foot scooters on sidewalks in Sioux Falls. Sierra Broussard spoke about incidents in rental properties in Pettigrew Heights and the need to accredidate the police force. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Jensen to adjourn the meeting at 8:11 p.m. Roll call vote to adjourn. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Jensen; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk