City Council Meeting

MINUTES City Council Meeting Tuesday, July 20, 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 Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: Council Member Alex Jensen 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 13, 2021  City Council Meeting of Tuesday, July 13, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 16, 2021. 7. Notice of change orders on the memorandum dated July 16, 2021. 8. Report of Requests for Quotes for Fuel dated July 8, 2021; Dyed Diesel #2 (7,500 Gallons); Coles Petroleum ($2.1737); Vollan Oil ($2.1890); Harms Oil ($2.2500). Howes Oil and CHS, Inc., no bid. Bid awarded to: Coles Petroleum. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: July 12, 2021; #2 Clear Diesel (9,000 Gallons); Harms Oil ($2.5600); Parkland USA/SPF Energy Inc./Farstad Oil, Petroleum Traders, CHS, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 10. Report of Requests for Quotes for Fuel dated July 13, 2021; Dyed Diesel # 2 (3,500 Gallons); Coles Petroleum ($2.2696); Vollan Oil ($2.235). Howes Oil, Olson Oil, and CHS, Inc., all no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: July 13, 2021: Unleaded (7,000 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 $2.4784. 12. Approval of a request from Katrina Gilbertson & Conner Jurrens to consume, but not sell, wine, beer, and liquor at Old Courthouse Museum, 200 W. 6th Street, on October 2, 2021, for the following purpose: Wedding Reception. APPLICATIONS 13. Special One-Day Liquor License for Prairie Pasta Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for a wedding on August 7, 2021. 14. Special One-Day Liquor License for TNT Entertainment to be operated at Levitt at the Falls, 504 North Phillips Avenue, for a special event on September 25, 2021. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, August 3, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 1, 2916 South Ellis Road (CUP not required). 16. Set a date of hearing for Tuesday, August 3, 2021. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 1, 2916 South Ellis Road. 17. Set a date of hearing for Tuesday, August 3, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 2, 2918 South Ellis Road (CUP not required). 18. Set a date of hearing for Tuesday, August 3, 2021. Request to add video lottery terminals with the new 2021-22 Retail Malt Beverage/SD Farm Wine License for Trifecta Holdings Inc., Crown Casino Ellis 2, 2918 South Ellis Road. 19. Set a date of hearing for Tuesday, August 3, 2021. Transfer of 2021-22 Retail Malt Beverage License, including video lottery terminals, from Regal Holdings, 41st Street & Ellis Road, to Trifecta Holdings Inc., Crown Casino Ellis 3, 2920 South Ellis Road. 20. Set a date of hearing for Tuesday, August 3, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at 5 Oaks Venue, 480 East 69th Street, for a wedding on August 14, 2021. 21. Set a date of hearing for Tuesday, August 3, 2021. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for weddings on August 14, 21, and 28, 2021. 22. Set a date of hearing for Tuesday, August 3, 2021. Special One-Day Malt Beverage License for Holy Spirit Catholic Church, 3601 East Dudley Lane, for a church social on August 29, 2021. 23. Set a date of hearing for Tuesday, August 3, 2021. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club, course only, 3101 West 22nd Street, for PGA Sanford International on September 12-19, 2021. 24. Set a date of hearing for Tuesday, August 10, 2021. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 25. Set a date of hearing for Tuesday, August 10, 2021. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 26. Set a date of hearing for Tuesday, August 10, 2021. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 27. Set a date of hearing for Tuesday, August 10, 2021. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 28. Set a date of hearing for Tuesday, August 10, 2021. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor REGULAR AGENDA 29. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Soehl to amend by placing Item 56 before Item 47 and Item 57 after Item 47. Roll call vote to amend. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 30. 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). Pending final inspections per Health & Building Services. 31. 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). Pending final inspections per Building Services. 32. 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. Pending final inspections per Health & Building Services. 33. 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. Pending final inspections per Health & Building Services. 34. 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. Pending final inspections per Health & Building Services. 35. 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. Pending final inspections per Health & Building Services. 36. 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. Pending final inspections per Health & Building Services. 37. 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. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 30 through 45. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend Item 38 by striking “10 and”, leaving only the date of July 31, 2021. Roll call vote to amend. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE LINK TRIAGE CENTER  BUILDING IMPROVEMENTS AND OPERATING SUPPORT FROM STATE GRANT PROCEEDS. ($800,000) Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 81-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Item 56 was heard at this time. See item for action taken. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING PERMANENT EASEMENTS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt 82-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Item 57 was heard at this time. See item for action taken. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY BY GIFT AGREEMENT. Sponsor: Mayor A motion was made by Council Member Starr and seconded by Council Member Soehl to adopt Ordinance No. 83-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 6509 S. CLIFF AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 14412- 2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): 77th Street Partners, LLC – Richard Naser A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 49.  Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4501 E. 57TH ST. FROM THE C-3 COMMERCIAL— COMMUNITY DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 14541-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): Commonland II, LLC – Bryant Soberg A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NE OF W. 60TH ST. N. AND N. CAREER AVE. FROM THE C- 4 COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL AND I-2 HEAVY INDUSTRIAL DISTRICTS, NO. 14566-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): Enclave Construction, LLC – Kari Franklin A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 51. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 6TH ST. AND N. WILDCAT DR. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD- 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 14573-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): Mystic Heights LLC – Preston Mettler A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 735 S. GLENDALE AVE. FROM THE RS SINGLE-FAMILY  RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT NO. 14576-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): Southeastern Development Foundation – Lynne Keller Forbes A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 53. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTHEAST OF W. 69TH ST. AND SOUTH TALLGRASS AVE. FROM THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE WORK DISTRICT NO. 14587-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): Cresten Capital Holdings – Erica Mullaly A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 54. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 61ST ST. AND WEST OF S. SYCAMORE AVE. FROM THE RD 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT AND THE RA- 3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT NO. 14598-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 3, 2021. Private Applicant(s): Cresten Capital Holdings – Kelly Greer A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, August 3, 2021 for Item 55. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 56. A RESOLUTION FINDING APPROXIMATELY THIRTY-FIVE (35) PARKING STALLS ALONG LEVITT SHELL EAST LOCATED IN FALLS PARK WEST AND FOUR (4) PARKING STALLS ALONG THE WEST EDGE OF KIWANIS PARK DO CONSTITUTE A PARK PURPOSE. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 73-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 73-21 A RESOLUTION FINDING APPROXIMATELY THIRTY-FIVE (35) PARKING STALLS ALONG LEVITT SHELL EAST LOCATED IN FALLS PARK WEST AND FOUR (4) PARKING STALLS ALONG THE WEST EDGE OF KIWANIS PARK DO CONSTITUTE A PARK PURPOSE. WHEREAS, the City acquired the land now known as Tract 2 and 3 Phillips to the Falls Addition (hereinafter the “Levitt Shell East Edge”) when Pitt’s Addition, Inc. transferred a warranty deed dated April 27, 2001, to the City of Sioux Falls known as Pitts’ First Addition and Pitts’ Second Addition. The City then replatted this land into Tract 2 and 3 Phillips to the Falls Addition on August 1, 2006. The City Council passed Resolution 10- 03, which amended CIP 010064, Falls Park Development, by adding development of master plan for the Pitts area in 2003. The City Council passed Resolution 71-03 approving the Falls Park West Master Plan which included the redevelopment of the former Pitts salvage yard and landscaping for the extension of Phillips Ave. to Falls Park; and WHEREAS, the City acquired the land now known as Kiwanis Park when Sioux Steel Company quit claimed to the City of Sioux Falls the land on March 24, 1966. This deed was delivered to the City of Sioux Falls in satisfaction and settlement of prior claim by the City of Sioux Falls against Sioux Steel for alleged encroachment upon the Big Sioux River by placing RR material in said river. On April 4, 1966, the City Council passed a resolution accepting the land without any restrictions. On the City’s park website, Kiwanis Park is referenced and such Tract 9 is used for the purpose of a park; and WHEREAS, Kiwanis Park currently has limited accessibility through an existing 20' easement through the Sioux Steel parking lot which is paved, then through the Sioux Steel gravel storage yard; and WHEREAS, Lloyd Companies is seeking to construct a roadway and installation of 31 automobile parking stalls, along with 4 bus parking stalls along Levitt Shell East. Further, Lloyd proposes to construct a roadway along the west edge of Kiwanis Park and also install 4 automobile parking stalls for better access to the park (hereinafter “parking concept”). A map depicting the parking concept is attached hereto and made part of this Resolution; and WHEREAS, SDCL 9-38-35 prohibits any structure from being erected within any park unless it is for a park purpose; and  WHEREAS, the Parks and Recreation Board met on June 16, 2021, to consider whether the proposed parking concept would be beneficial and consistent with park usage; and WHEREAS, the Parks and Recreation Board made a finding that the parking concept would be open and available at all times to the public. It also would provide a convenient supply of parking which would benefit not only access to the Levitt Shell but also direct access to Kiwanis Park and the Phase III of the Big Sioux River Greenway; and WHEREAS, the Parks and Recreation Board unanimously recommended approval that the parking concept submitted was an appropriate park purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the recitals above are adopted as findings and are incorporated herein by reference. 2. That the parking concept adding 35 parking stalls (31 automobile, 4 bus) located at the Levitt Shell East Edge and 4 parking stalls located along the west edge of Kiwanis Park constitute an appropriate park purpose pursuant to SDCL 9-38-35. Date adopted: 07/20/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 57. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFT AGREEMENT FOR DONATION OF REAL PROPERTY WITH CR LLOYD ASSOCIATES, INC. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 74-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 74-21 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFT AGREEMENT FOR DONATION OF REAL PROPERTY WITH CR LLOYD ASSOCIATES, INC. WHEREAS, CR Lloyd Associates, Inc. (“Lloyd”) desires to gift, donate, convey, and transfer to the City the real property described as:  Lot 4 of Tract 1, Sioux Steel Addition to the City of Sioux Falls, Minnehaha County, South Dakota, approximately 48,762 SF as shown on the survey drawing attached to the Agreement marked Exhibit A WHEREAS, the City desires to receive and accept from Lloyd the above-described real property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document entitled “A Conditional Gift Agreement for Donation of Real Property” (the “Agreement”), substantially in the form attached hereto and made a part of this resolution, is hereby approved. Section 2. That the Mayor is authorized to sign such Agreement, substantially in the form attached hereto after it is ratified and executed by Lloyd. Section 3. The City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 07/20/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 58. A RESOLUTION ESTABLISHING THE SIOUX FALLS CITY COUNCIL’S BUDGETARY PRIORITIES. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Brekke to adopt Resolution No. 75-21. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend by inserting "Wegner" after "Mary Jo". Roll call vote to amend. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 75-21 A RESOLUTION ESTABLISHING THE SIOUX FALLS CITY COUNCIL’S BUDGETARY PRIORITIES. WHEREAS, as of December 31, 2020, the City of Sioux Falls had an available balance of $7.9 million in the Sales and Use Tax Fund and $10.5 million in nonappropriated available balance in the General Fund carried forward as a result of additional local government assistance received in Fiscal Year 2020; and  WHEREAS, the City of Sioux Falls is eligible to receive up to $25.4 million from the American Rescue Plan Act in 2021 and 2022, which is eligible to be used for the provision of government services to the extent of reduction in revenue and responding to the impacts of the COVID-19 pandemic as prescribed by the American Rescue Plan Act and further guidance issued by the United States Department of Treasury; and WHEREAS, the City Council held a working session on May 26, 2021, to discuss potential budget priorities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council supports the following budget and capital program priorities, which are in no particular order, based on funding availability as described above, project needs, and project timelines:  24/7 Urgent Care  Butterfly House and Aquarium  Call to Freedom—Marissa’s House  Helpline Center—New Facility Needs  Mary Jo Wegner Arboretum  Public Safety Home Buying Program  Seniors/Disabled Municipal Property Tax Refund  Skatepark at Nelson Park  Tomar Park Outdoor Tennis Facility  USD Discovery District  Washington Pavilion Parapet  YMCA Community Youth Center Date adopted: 07/20/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 59. 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. 76-21. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 76-21 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 Bobbi Andera Public Parking Advisory Appointed for a term from July Board 2021 to July 2024. David Bangasser Public Parking Advisory Appointed for a term from July Board 2021 to July 2024. Greg LaFollette Public Parking Advisory Appointed for a term from July Board 2021 to July 2024. Gene McGowan Public Parking Advisory Appointed for a term from July Board 2021 to July 2024. Mae Meierhenry Public Parking Advisory Appointed for a term from July Board 2021 to July 2024. Date adopted: 07/20/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 60. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED JULY 13, 2021. NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about public parking on Phillips Avenue. Oz Angel spoke about transportation, housing, and insurance. Sierra Broussard spoke about housing, crime, and lawmaking. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Brekke to adjourn at 7:07 p.m. Voice vote to adjourn. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk