City Council Meeting

MINUTES Regular City Council Meeting Tuesday, July 6, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert (via Telecom), Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (via Telecom), Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Selberg to place Sub-Item 6 from Agenda Item 6 on the Regular Agenda for Council Discussion. 6) Health; Agreement to grant funds for Operation Hope Fund for use in public, charitable, or humanitarian purposes and accommodation. Grant funding shall focus on improving continuity of care for individuals served at The Link; Sioux Falls Area Community Foundation; $500,000.00. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 15, 2021  City Council Meeting of Tuesday, June 15, 2021   Informational Meeting of Tuesday, June 22, 2021  Special City Council Meeting of Thursday, July 1, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 2, 2021. A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve Sub-Item 6 from Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated July 2, 2021. 8. Approval of a request from Shane Fischer to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, on September 10, 2021, for the following purpose: wedding reception. 9. Approval of a request from Siouxland Heritage Museums to consume, but not sell, wine and beer at the Old Courthouse Museum, on August 12, 2021, for the following purpose: Exhibit Opening reception. 10. Approval of a request from Messiah New Hope Lutheran Church to consume, but not sell, wine and beer at Messiah New Hope Lutheran, 5001 East Madison Street, on August 28, 2021, for the following purpose: fellowship gathering. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: June 9, 2021; 9,000 Gallons of #2 Clear Diesel. Parkland USA/SPF Energy Inc./Farstad Oil; #2 Clear Diesel ($2.527); Harms Oil; #2 Clear Diesel ($2.56044); CHS, Inc., Petroleum Traders, Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 12. Report of Requests for Quotes for Fuel dated: June 11, 2021: Unleaded (8,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.3645. 13. Report of Requests for Quotes for Fuel dated: June 14, 2021: Unleaded (5,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.3457. 14. Report of Requests for Quotes for Fuel dated June 14, 2021; Dyed Diesel #2 (10,500 Gallons); Vollan Oil (Dyed Diesel #2 $2.2401); Coles Petroleum ($2.277). Howes Oil, Olson Oil, and CHS all no bid. Bid awarded to: Vollan Oil. 15. Report of Requests for Quotes for Fuel dated June 14, 2021; Dyed Diesel #2 (6,000 Gallons) and Unleaded (2,000 Gallons). Vollan Oil (Dyed Diesel #2 $2.2226 and Unleaded $2.344); Coles Petroleum (Dyed Diesel #2 $2.2200 and Unleaded $2.3219). Olson Oil and Farstad Oil, both no bid. Bid awarded to: Coles Petroleum. 16. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: June 23, 2021; 7,500 Gallons of #2 Clear Diesel; CHS, Inc: #2 Clear Diesel ($2.56); Parkland USA/SPF Energy Inc./Farstad Oil, Petroleum Traders, Harms Oil, Howes Oil, and Midwest Oil, all no bids. Bid awarded to: CHS, Inc. 17. Report of Requests for Quotes for Fuel dated: June 24, 2021: Unleaded (11,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.4472. 18. Report of Requests for Quotes for Fuel dated June 24, 2021; Dyed Diesel #2 (5,000 Gallons). Coles Petroleum ($2.311); Howes Oil, no bid. Bid awarded to: Coles Petroleum. 19. Report of Requests for Quotes for Fuel dated June 28, 2021; Dyed Diesel #2 (6,000 Gallons); Coles Petroleum ($2.2487); Howes Oil and CHS, both no bid. Bid awarded to: Coles Petroleum. 20. Report of Requests for Quotes for Fuel dated: June 28, 2021: Unleaded (10,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.4477. APPLICATIONS 21. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Expedition League, 1401 West 33rd Street. 22. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on July 17 and 31, 2021. 23. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Levitt at the Falls, 504 North Phillips Avenue, for concerts on July 8, 9, 10, 15, 16, 17, 22, 23, 24, 29, 30, and 31. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 24. John Bliss, 3601 S. Minnesota Avenue, Parcel #37419, for 2018 property taxes in the amount of $5,081.18. Reason: The property is exempt from the tax. 25. John Bliss, 3601 S. Minnesota Avenue, Parcel #37419, for 2019 property taxes in the amount of $5,142.38. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 26. Set a date of hearing for Tuesday, July 20, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine and Cider License for Glacial Lakes Distillery, 200 South Main Avenue (CUP not required). 27. Set a date of hearing for Tuesday, July 20, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine and Cider License for Riverview Barn Inc., 2400 South Riverview Avenue (CUP not required). 28. Set a date of hearing for Tuesday, July 20, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Deuces Casino 1, 1708 West Burnside Street, with Conditional Use Permit (013694-2021) being approved on February 3, 2021. 29. Set a date of hearing for Tuesday, July 20, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Deuces Casino 1, 1708 West Burnside Street. 30. Set a date of hearing for Tuesday, July 20, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Deuces Casino 1.5, 1706 West Burnside Street, with Conditional Use Permit (013694-2021) being approved on February 3, 2021. 31. Set a date of hearing for Tuesday, July 20, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Deuces Casino 1.5, 1706 West Burnside Street. 32. Set a date of hearing for Tuesday, July 20, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Deuces Casino 1.75, 1704 West Burnside Street, with Conditional Use Permit (013694-2021) being approved on February 3, 2021. 33. Set a date of hearing for Tuesday, July 20, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings Co, Deuces Casino 1.75, 1704 West Burnside Street. 34. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Malt Beverage Licenses for Panacea Brewing Company to be operated at 8th & RR Center parking lot, 401 East 8th Street, for special events on July 10 and 31, 2021. 35. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Zoological Society to be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a special event on July 30, 2021. 36. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Liquor License for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for an outdoor event on July 30, 2021. 37. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at Landscape Garden Center, 7201 South Minnesota Avenue, for a wedding reception on July 31, 2021. 38. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at Maverick Air Center, 4201 Maverick Place, for a special event on August 5, 2021. 39. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Malt Beverage License for Downtown Sioux Falls Inc. to be operated at 8th & RR Center parking lot, 4001 East 8th Street, for special events on August 6 and September 3, 2021. 40. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls Inc. to be operated at the River Greenway from 6th Street to South of 8th Street including Raven Industries riverfront and parking lot located at 205 East 6th Street, to include the prairie area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and south to Cherapa Place for Riverfest on August 21, 2021. 41. Set a date of hearing for Tuesday, July 20, 2021. Special One-Day Liquor License for PAVE LLC, to be operated at 8th & RR Center parking lot, 401 East 8th Street, for a special event on August 28, 2021. REGULAR AGENDA 42. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Kiley to amend by moving Item 67 to precede Item 43; moving Item 60 to precede Item 53; and, moving Items 61 through 63 to precede Item 57. Roll call vote to amend. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Item 67 was heard at this time. See Item for action taken. UNFINISHED BUSINESS 43. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for Yummy House Restaurant LLC, 1602 South Sycamore Avenue, with Conditional Use Permit (CU-14339-2021) being approved on June 2, 2021. 44. New 2021 Retail Wine & Cider License and New 2021-22 Retail Malt Beverage/SD Farm Wine License for Samurai Tasteas Inc., 3217 South Sertoma Avenue (CUP not required). 45. Transfer of 2021 Package Liquor License from Melanie Liquors Inc., Skyway Liquor, 1101 North Minnesota Avenue, to Cloudz Enterprises, Skyway Liquor, 1101 North Minnesota Avenue. 46. Transfer of 2021 Retail Liquor License from Ballard Building Restaurant Co., Parker’s, 210 South Main Avenue, to Ballard Building Restaurant Co., Parker’s, 208 & 210 South Main Avenue. Pending final inspections per Building Services. 47. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience, 301 East Falls Park Drive for a Minnesota Farm Bureau LEAP conference on July 16, 2021. 48. Special One-Day Liquor and Special One-Day Off-Sale Wine License for Catholic Community Foundation for Eastern South Dakota to be operated at Avera IT, 212 East 11th Street, for a Bishop Dudley Hospitality House fundraiser on August 14, 2021. A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Items 43 through 48. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTHEAST OF E. BULL PINE TRL. AND S. SIX MILE RD. FROM THE CN CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 14365-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Assam, F & K Family LLC (Sam Assam) A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Ordinance No. 70-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 50. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1201 N. MARION RD. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 14368-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0).  Private Applicant(s): Aspen Heights LLC (Clint Ackerman) A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 71-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 51. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHWEST OF E. 26TH ST. AND S. VETERANS PKWY. FROM THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, O OFFICE, LW LIVE-WORK, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 14340-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): G & D Harr Construction LLC (Gary Harr) A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 72-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 52. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 8300 AND 8400 W. 48TH ST. FROM THE AG AGRICULTURAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT, NO. 14369-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Sundance Group Inc (Jeff Shotkoski) A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 73-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 53. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE FEES SECTION OF CHAPTER 150: BUILDING, SUBCHAPTER: MECHANICAL AND FUEL GAS CODE. Sponsor: Mayor  A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 74-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 54. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE FEES SECTION OF CHAPTER 150: BUILDING, SUBCHAPTER PLUMBING. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 75-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 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 THE FEES SECTION OF CHAPTER 150: BUILDING, SUBCHAPTER ELECTRICITY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 76-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 56. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 156: FLOODPLAIN MANAGEMENT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 77-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Item 61 was heard at this time. See item for action taken. Item 62 was heard at this time. See item for action taken. Item 63 was heard at this time. See item for action taken. 57. 2nd 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 CR LLOYD ASSOCIATES, INC., IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-FOUR, CITY OF SIOUX FALLS.  Private Applicant(s): CR Lloyd Associates, Inc. A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 78-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER. Recommendation: Set a date of 2nd Reading for Tuesday, July 13, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of hearing for Tuesday, July 13, 2021 for Item 58. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Item 60 was heard at this time. See item for action taken. 59. 1st Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, July 13, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of hearing for Tuesday, July 13, 2021 for Item 59. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 60. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF EQUESTRIAN ESTATES ADDITION. The Planning Commission recommends approval (7-0). Private Applicant(s): Willadsen Lund Engineering Corp (Eric Willadsen) A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 65-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed.  RESOLUTION NO. 65-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF EQUESTRIAN ESTATES ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Equestrian Estates 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: 07/06/21 . Paul TenHaken, Mayor ATTEST: Tamara Jorgensen, Assistant City Clerk 61. A RESOLUTION DISSOLVING TAX INCREMENTAL DISTRICT NO. 22. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 66-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 66-21 A RESOLUTION DISSOLVING TAX INCREMENTAL DISTRICT NO. 22. WHEREAS, on February 3, 2020, the City adopted Resolution No. 12-20 creating the Sioux Falls Tax Incremental District No. 22 pursuant to SDCL 11-9; and WHEREAS, on February 3, 2020, the City adopted Resolution No. 13-20 approving the Project Plan for the Sioux Falls Tax Incremental District No. 22 pursuant to SDCL 11-9; and WHEREAS, as a result of the COVID-19 pandemic and resulting extenuating circumstances beyond the developer’s control, the anticipated development and improvements did not commence and the tax increment financing did not originate; and WHEREAS, the City and developer contemplate the creation of a new Sioux Falls Tax Incremental District No. 24 to be effectively created one day after the dissolution of Sioux Falls Tax Incremental District No. 22; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Sioux Falls Tax Incremental District No. 22 is hereby dissolved effective the 20th day after adoption of this resolution. Date adopted: 07/06/21 . Paul TenHaken, Mayor ATTEST: Tamara Jorgensen, Assistant City Clerk 62. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY- FOUR, CITY OF SIOUX FALLS. The Planning Commission recommends approval (6- 0). Private Applicant(s): CR Lloyd Associates, Inc. (Jake Quasney) A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 67-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 67-21 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-FOUR, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has recommended the creation of Tax Incremental District Number Twenty-Four and has submitted a proposed project plan for Tax Incremental District Number Twenty-Four, City of Sioux Falls; and WHEREAS, the City of Sioux Falls has the authority, pursuant to SDCL § 11-9-2(1), to create Tax Incremental District Number Twenty-Four, City of Sioux Falls, and define its boundaries; and WHEREAS, the property within Tax Incremental District Number Twenty-Four, City of Sioux Falls, meets the qualifications and criteria set forth in SDCL 11-9; and WHEREAS, the District shall be created upon the effective date of the resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That: 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. 2. Declaration of Necessity and Enhancement. The City Council declares the necessity for the creation of the Tax Incremental District Number Twenty-Four, City of Sioux Falls, pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. Improvements to the District will likely add millions of dollars in assessed valuation to the District and will significantly and substantially enhance the value of all property in the District. 3. Findings of Economic Welfare. The City Council finds that more than fifty percent (50%) of the property in the District will stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial,  commercial, manufacturing, agricultural, or natural resources development as defined in SDCL 11-9. 4. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed ten percent (10%) of the total assessed valuation of the City. 5. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, the Tax Incremental District Number Twenty-Four, City of Sioux Falls (the “District”). Contingent upon the termination of Sioux Falls Tax Incremental District No. 22, the District is hereby created on the day this resolution becomes effective which shall be 21 days after publication. 6. Designation of District Boundaries. The District shall have boundaries as shown and described on Exhibit A. 7. The project shall comply with the City’s adopted 2040 Comprehensive Plan, all City and state ordinances, resolutions, regulations, and codes, the approved Project Plan, and the approved Development Agreement, all as amended from time to time. Date adopted: 07/06/21 . Paul TenHaken, Mayor ATTEST: Tamara Jorgensen, Assistant City Clerk 63. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-FOUR, CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): CR Lloyd Associates, Inc. (Jake Quasney) A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 68-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 68-21 A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-FOUR, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission recommended approval of the Project Plan for Tax Incremental District Number Twenty-Four, City of Sioux Falls, which identifies certain development activities and public improvements to be undertaken by the City or private developers and paid for, in whole or in part, from the collection of tax increment revenues derived from the District; and WHEREAS, the tax increment project plan is both economically feasible and in conformity with the adopted 2025 Downtown Plan and the adopted Shape Sioux Falls 2040 Comprehensive Plan; and WHEREAS, the District will be created upon the effective date of this resolution, which effective date shall be 21 days after publication; and WHEREAS, it is anticipated that project costs, less the finance costs, in the plan will be expended prior to July 30, 2026; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Project Plan for Tax Incremental District Number Twenty-Four, as attached, is hereby approved. BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals above are adopted and are incorporated herein by this reference as if set out in full. That pursuant to SDCL 11-9, the Mayor is authorized to negotiate all necessary tax increment bonds, contracts, and agreements for implementation of the Project Plan, including the transfer of positive tax increment revenues to the developer(s) of the real property within District Twenty-Four up to a maximum of $21,508,407 plus interest, all in accordance with state statutes, including, but not limited to, SDCL 11-9, all local ordinances, resolutions, regulations, codes, growth plans, and the adopted Project Plan, all such bonds, contracts, and agreements subject to final Council approval and any Council-approved resolution or ordinance regarding Tax Incremental District Number Twenty-Four becoming effective. Date adopted: 07/06/21 . Paul TenHaken, Mayor ATTEST: Tamara Jorgensen, Assistant City Clerk 64. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 69-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 69-21 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2022. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 07/06/21 . Paul TenHaken, Mayor ATTEST: Tamara Jorgensen, Assistant City Clerk 65. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 70-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 70-21 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 Catherine Dekkenga Charter Revision Commission Appointed for a term from July 2021 to July 2025.  Delores Lipp Disability Awareness & Appointed for a term from July 2021 to Accessibility Review Board July 2024. Cathleen Zepeda Disability Awareness & Appointed for a term from July 2021 to Accessibility Review Board July 2022. Travis Ball Mechanical Board of Appeals Appointed for a term from July 2021 & Examiners to July 2024 (to replace Roger Nikolas). Marten Christensen Mechanical Board of Appeals Appointed for a term from July 2021 to & Examiners July 2024 (to replace Rich Boesel). Teresa Cauwels Parks and Recreation Board Appointed for a term from July 2021 to July 2026 (to replace Todd Sundleaf). Michelle Erpenbach Sioux Falls Regional Appointed for a term from July 2021 to Emergency Medical Services July 2026 (to replace Gary Myers). Authority (REMSA) Date adopted: 07/06/21 . Paul TenHaken, Mayor ATTEST: Tamara Jorgensen, Assistant City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 66. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED JUNE 30, 2021. NEW BUSINESS 67. A MOTION TO PROVIDE ADVICE AND CONSENT FOR THE APPOINTMENT OF JONATHAN THUM AS POLICE CHIEF. A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve Item 67. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Katherine Riffle spoke about money missing from the Homeless Coalition and about sex trafficking in the city. Sierra Broussard spoke about the sexual assaults occurring in her neighborhood, drug activity, the need for additional canine officers, and meeting with Police Chief Thum.  Ann Wilson spoke about her recent occurrence with a mosquito spraying truck. Theresa Stehly spoke about the internment of former City Council Member Kermit Staggers at the South Dakota Veterans Cemetery and the time of day when the mosquito spraying trucks are working in Sioux Falls. David Zokaites spoke about the use of dogs during arrests. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Jensen to adjourn the meeting at 7:28 p.m. Roll call vote to adjourn. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk