City Council Meeting

MINUTES City Council Meeting Tuesday, August 17, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Marshall Selberg 1. MEETING ROLL CALL 2. INVOCATION  Pastor Randall Gehring, Our Saviors Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Budget Hearings of Tuesday, August 10, 2021  City Council Meeting of Tuesday, August 10, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 13, 2021. 7. Report of Requests for Quotes for Fuel dated: August 5, 2021; Unleaded E10 (3,500 Gallons) and Unleaded E30 (2,500 Gallons). Vollan Oil (Unleaded E10 $2.4654 &  Unleaded E30 $2.1494). Coles Petroleum, CHS and Olson Oil, all no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: August 9, 2021; Dyed Diesel # 2 (7,500 Gallons); Vollan Oil ($2.2385). CHS, Olson Oil, Coles Petroleum, Farstad Oil, Hoes Oil, all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: August 10, 2021: Unleaded (8,500 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 $2.4394. 10. Approval of a request from Amanda and Ryan Madsen to consume, but not sell, wine and beer at Mary Jo Wegner Arboretum, 1900 S. Perry Place, on September 17, 2021, for the following purpose: Wedding Reception.. 11. Approval of a request from Adela Cucak to consume, but not sell, champagne and wine at the Old Courthouse Museum, 200 W 6th St., on September 2, 2021, for the following purpose: Wedding. APPLICATIONS 12. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Juba International Market, 1512 East 10th Street. 13. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Levitt at the Falls, 504 North Phillips Avenue, for concerts on August 19, 20, 21, 26, 27, 28 and September 3, 4, 10, 11, 2021. 14. Special One-Day Malt Beverage License for Severance Beer to be operated at Levitt at the Falls, 504 North Phillips Avenue, for a fundraiser on September 16, 2021. 15. 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 September 18, 2021. 16. Special One-Day Liquor License for T Slat Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for a wedding on October 16, 2021. 17. Special One-Day Liquor Licenses for Interstate House of Pancakes Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for weddings on September 10, 2022 and October 29, 2022. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 18. Parcel #29530, for 2019 property taxes in the amount of $1,528.57. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 19. Parcel #29530, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 20. Parcel #51818, for 2020 property taxes in the amount of $2,251.62. Reason: The taxpayer was given the 100% permanent and total disabled status on 10/21/2010 and purchased their home on 9/26/2019. 21. Parcel #83540, for 2020 property taxes in the amount of $376.30. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 22. Parcel #88257, for 2019 property taxes in the amount of $1,528.56. Reason: Applicant qualifies for exemption under SDCL 10-4-24. 23. Parcel #88257, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 24. Set a date of hearing for Tuesday, September 7, 2021. Transfer of 2021 Retail Liquor License from Village River Group LLC, Village on the River, 140 East 10th Street, to Sioux Falls Lodging Group LLC, Homewood Suites, 3620 West Avera Drive. 25. Set a date of hearing for Tuesday, September 7, 2021. Transfer of 2021 Retail Liquor License from Dave & Buster’s of South Dakota Inc., Dave & Buster’s, 2690 South Lorraine Place, to Quan Holdings Inc., Crown Casino Cliff, 902 South Cliff Avenue, with Conditional Use Permit (2010-02-05) being approved on March 3, 2010. 26. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Malt Beverage License for Christ the King Church and School, 1801 South Lake Avenue, for a picnic on September 11, 2021. 27. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Ramkota Companies Inc., to be operated at Avera Behavioral Health, 4400 West 69th Street, for a network event on September 16, 2021. 28. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at Open Space, 6212 South Pinnacle Place, for a wedding on September 18, 2021. 29. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for football games on September 18, October 9, 30 and November 13, 2021. 30. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for a class reunion on September 18, 2021. 31. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: 8th & RR  Center, 401 East 8th Street, Suite 200A, American State Bank, 223 South Phillips Avenue, Atoley Salon & Spa, 317 South Phillips Avenue, Bechtold Jewelry, 325 South Phillips Avenue, Chelsea’s Boutique, 220 South Phillips Avenue, Envive Chiropractic, 412 South 1st Avenue, Faith Through Frames, 218 West 13th Street, Suite 109, Friends of SDPB, 601 North Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Henna Harvest, 421 North Phillips Avenue, Home Porch Gifts, 217 South Phillips Avenue, Hotel on Phillips, 100 North Phillips Avenue, Intoxibakes, 421 North Phillips Avenue, JH & Sons, 216 South Phillips Avenue, JLG Architects, 232 South Main Avenue, Lauriebelles, 206 South Phillips Avenue, Mint + Basil, 207 South Phillips Avenue, MK Threads, 222 South Phillips Avenue, Prairie Cocoa & Confections, 401 East Eighth Street, Rehfeld’s Art & Framing, 431 North Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street, Suite 108, Sioux Empire Community Theatre, 315 North Phillips Avenue, and Sticks & Steel, 401 East 8th Street, Suite 118, for Art & Wine Walk on October 1, 2021. 32. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Community Indoor Tennis Center Inc., 4210 North Bobhalla Drive, for a fundraiser on November 5, 2021. 33. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North, for weddings on October 2, 9 and 16, 2021. 34. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at the Augustana University President’s House, 2817 South Grange Avenue, for a class reunion on October 7, 2021. 35. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Malt Beverage License for The Banquet, 710 North Marion Road, for a fundraiser on October 16, 2021. 36. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor License for Sioux Falls Lutheran School Association to be operated at Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on October 23, 2021. 37. Set a date of hearing for Tuesday, September 7, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at Five Oaks Venue, 480 East 69th Street, for a wedding on October 30, 2021. 38. Set a date of hearing for Tuesday, September 7, 2021. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022, AND THE 2022-2026 CAPITAL PROGRAM. Sponsor: Mayor REGULAR AGENDA 39. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda.  A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend by moving Item 60 to immediately follow Item 49 and by moving Items 62 and 63 to immediately follow Item 44. Roll call vote to amend. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend by moving Items 58 and 55 to immediately follow item 56. Roll call vote to amend. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 40. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine & Cider License for Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue, with Conditional Use Permit (9802-2019) being approved on March 6, 2019. 41. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine & Cider License for SSA Group LLC, SSA Great Plains Zoo, 805 South Kiwanis Avenue (CUP not required). 42. New 2021 Retail Wine & Cider License for Jacky’s Burrito Express, 2315 West 12th Street, with Conditional Use Permit (7632-2017) being approved on December 6, 2017. 43. Special One-Day Liquor License for KJT LLC, to be operated at The Social, 301 South Thompson, for an outdoor event on August 21, 2021. 44. Special One-Day Malt Beverage License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on September 4, 2021. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 40 through 44. Roll call vote to approve. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Item 62 was heard at this time. See item for action taken. Item 63 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 45. 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 CHERAPA II QOZB, LLC, IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY FIVE, CITY OF SIOUX FALLS. Private Applicant(s): Cherapa II QOZB, LLC. A motion was made by Council Member Soehl and seconded by Council Member Brekke to adopt Ordinance No. 92-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 93-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 51: UTILITY RATES AND CHARGES, PERTAINING TO WATER CUSTOMERS OUTSIDE THE CITY OF SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 94-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks & Recreation, $800,000; General Fund - Transfers to Sales/Use Tax Fund, $3,012,500; Fire Rescue, $2.5M; Parks & Recreation, $512,500; General Fund - Transfers to Housing Fund, $3M; Housing, $500,000; General Fund - Transfers to Centralized Facilities Fund, $2M; Sales/Use Tax Fund - Transfers to Centralized Facilities Fund, $900,000; Highways & Streets, $1.25M; Entertainment Venues - Washington Pavilion, $4.6M and $1.4M; Health, $100,000) Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Brekke to adopt Ordinance No. 95-21.  Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR RIVER GREENWAY IMPROVEMENTS. ($7M) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 96-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Item 60 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER. Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, September 7, 2021 for Item 50. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SE OF W. 85TH ST. AND S. PINEWOOD AVE. FROM THE REC RECREATION DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 14729-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Private Applicant(s): 85th Street Homes, LLC - Michael Bender A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 7, 2021 for Item 51. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SE OF W. MADISON ST. AND N. EBENEZER AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I- 1 LIGHT INDUSTRIAL DISTRICT, NO. 14734-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Private Applicant(s): Willadsen Lund Engineering Corp - Eric Willadsen A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 7, 2021 for Item 52. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. MAPLE ST. AND WEST OF N. VALLEY VIEW RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND CN CONSERVATION DISTRICTS, NO. 14746-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Private Applicant(s): Norman Engineering, Inc. – Aaron Norman A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 7, 2021 for Item 53. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2301 N. MARION RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, LW LIVE-WORK, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND CN CONSERVATION DISTRICTS TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 14774-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Private Applicant(s): Norman Engineering, Inc. - Aaron Norman A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of hearing for Tuesday, September 7, 2021 for Item 54. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.  Item 56 was heard at this time. See item for action taken. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE SIOUX FALLS, SD, BY ADOPTING MEDICAL CANNABIS ZONING REGULATIONS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 7, 2021 for Item 55. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 56. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY AT LOT A & THE EAST 200 FEET OF LOT B, TRACT 1, LAUREL RIDGE ADDITION, SE1/4 SE1/4, SECTION 23-T102N-R49W, MAPLETON TOWNSHIP, MINNEHAHA COUNTY, SD, FROM THE A-1 AGRICULTURAL DISTRICT TO THE LAUREL RIDGE PLANNED DEVELOPMENT DISTRICT. (At the July 26, 2021 Joint Planning Commission Meeting, Minnehaha County voted unanimously for approval; the City voted 2-3 for approval (motion failed).) Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, August 24, 2021. Private Applicant(s): Tyler Childress A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of hearing for Tuesday, August 24, 2021 for Item 56. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Item 58 was heard at this time. See item for action taken. Item 55 was heard at this time. See item for action taken. 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 158: 2006 JOINT ZONING REGULATIONS LINCOLN COUNTY AND SIOUX FALLS, SUBCHAPTERS C COMMERCIAL DISTRICT AND DEFINITIONS. At the August 11, 2021 Joint Planning Commission Meeting, Lincoln County voted 3-1 for approval; the City voted 3-1 for approval (motion passed).) Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Lincoln County Commission Meeting of Tuesday, August 24, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of hearing for Tuesday, August 24, 2021 for Item 57.  Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Item 59 was heard at this time. See item for action taken. 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 121 BY ADDING MEDICAL CANNABIS REGULATIONS. Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 7, 2021 for Item 58. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Item 55 was heard at this time. See item for action taken. Item 57 was heard at this time. See item for action taken. 59. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 40 ADMINISTRATIVE CODE ENFORCEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, September 7, 2021. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 7, 2021 for Item 59. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 60. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. (Centralized Facilities - $2.9M; Entertainment Venues - $6M; Fire Rescue - $2.5M; Highways and Streets - $1.25M; Parks and Recreation - $512K & $7M; Water Reclamation - $6.8M). Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 89-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 89-21 A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2021–2025 Capital Program shall be amended as follows: Centralized Facilities Amend Capital Improvements Program Project No. 06015, LEC Chiller Replacement, by increasing the amount of funding by $900,000. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund—Transfer that will be funded by the Sales/Use Tax Fund unassigned balance. Amend Capital Improvement Program Project No. 06012, Centralized Facilities Improvements, by increasing the amount of funding by $2,000,000 for building improvements. The additional funding will require an increase in appropriations in the General Fund— Transfer that will be funded by the General Fund unassigned balance. Entertainment Venues—Washington Pavilion Amend Capital Improvements Program Project No. 13003, Washington Pavilion Building Improvements, to add funding of $6,000,000 for reconstruction of the cornice in 2021. The additional funding will require an increase in appropriations that will be funded from the Entertainment Tax Fund unassigned balance ($1,400,000) and American Rescue Plan funds ($4,600,000). Fire Rescue Amend Capital Improvements Program Project No. 09017, Public Safety Training Center, by increasing the amount of funding by $2,500,000. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund unassigned balance. Highways & Streets Amend Capital Improvements Program Project No. 11007, Downtown Area Street & Utility Improvements, by increasing the amount of funding by $1,250,000 for construction. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by American Rescue Plan funds. Parks & Recreation Amend Capital Improvements Program Project No. 14082, Community/Regional Park Improvements, by increasing the amount of funding by $512,500 for construction of tennis courts and other park improvements at Tomar Park. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund unassigned balance. Amend Capital Improvements Program Project No. 14014, River Greenway Improvements, by increasing the amount of funding by $7,000,000 for construction of Phase III for the Downtown River Greenway. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by Sales/Use Tax Fund unassigned balance or American Rescue Plan funds. Water Reclamation Amend Capital Improvements Program Project No. 23043, Water Reclamation Facility Expansion, to add funding of $6,800,000. The additional funding will not require an increase in appropriations and will be funded by American Rescue Plan funds. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 61. A RESOLUTION DISSOLVING TAX INCREMENT DISTRICT NO. 7. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 90-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 90-21 A RESOLUTION DISSOLVING TAX INCREMENT DISTRICT NO. 7. WHEREAS, on January 16, 2007, the City adopted Resolution No. 11-07 creating the Sioux Falls Tax Increment District No. 7 pursuant to SDCL 11-9; and WHEREAS, on January 16, 2007, the City adopted Resolution No. 12-07 approving the Project Plan for the Sioux Falls Tax Increment District No. 7 pursuant to SDCL 11-9; and WHEREAS, the development and improvements occurred as outlined within the Project Plan; and WHEREAS, a total reimbursement of $1,134,244.36 was remitted to the Minnesota Centre LLC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Sioux Falls Tax Increment District No. 7 is hereby dissolved. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 62. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY- FIVE, CITY OF SIOUX FALLS. Private Applicant(s): Cherapa II, QOZB, LLC A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 91-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 91-21 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-FIVE, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has recommended the creation of Tax Increment District Number Twenty-Five and has submitted a proposed project plan for Tax Incremental District Number Twenty-Five, 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-Five, City of Sioux Falls, and define its boundaries; and WHEREAS, the property within Tax Incremental District Number Twenty-Five, 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-Five, 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-Five, City of Sioux Falls (the “District”). The District is hereby created on the day this resolution becomes effective which shall be 20 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: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 63. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-FIVE, CITY OF SIOUX FALLS. Private Applicant(s): Cherapa II, QOZB, LLC A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Resolution No. 92-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 92-21 A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-FIVE, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission recommended approval of the Project Plan for Tax Incremental District Number Twenty-Five, 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 20 days after publication; and WHEREAS, it is anticipated that project costs, less the finance costs, in the plan will be expended prior to September 10, 2026; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Project Plan for Tax Incremental District Number Twenty-Five, 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-Five up to a maximum of $25,375,592 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 City Council approval and any City Council-approved resolution or ordinance regarding Tax Incremental District Number Twenty-Five becoming effective. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 64. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT THE HOCKEY DASHER BOARD SYSTEM FROM THE DENNY SANFORD PREMIER CENTER TO THE CITY OF BRANDON. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 93-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 93-21 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT THE HOCKEY DASHER BOARD SYSTEM FROM THE DENNY SANFORD PREMIER CENTER TO THE CITY OF BRANDON. WHEREAS, the City of Sioux Falls has declared as surplus the hockey dasher board system from the Denny Sanford PREMIER Center; and WHEREAS, the city of Brandon, SD, finds it desirable to acquire the above-described surplus property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by the City of Sioux Falls of the hockey dasher board system from the Denny Sanford PREMIER Center to the city of Brandon, SD, is hereby approved. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 65. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Resolution No. 94-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 94-21 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Collective Bargaining Agreement between the City of Sioux Falls and Local 814 of the International Association of Firefighters providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. 2. That Article 58, Duration of Agreement, Section 2., stipulated the labor contract be reopened for the purpose of negotiating Article 8, Wages and other articles mutually agreed to for calendar year 2022 and 2023. Article 8, Wages, and Article 23, Holidays, and Article 13, Seniority, having been negotiated consistent with the terms and conditions of the original CBA are hereby approved by the City Council effective January 10, 2022. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 66. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Resolution No. 95-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 95-21 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Collective Bargaining Agreement (CBA) between the City of Sioux Falls and Local 519 of the American Federation of State, County, and Municipal Employees providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. 2. That Article 42, Duration of Contract, Section 2., stipulated the labor contract be reopened for the purpose of negotiating Article 7, Wages and up to two other mutually agreed upon contract articles effective for calendar year 2022 and 2023. Article 7, Wages, and Article 12, Standby, having been negotiated consistent with the terms and conditions of the original CBA are hereby approved by the City Council effective January 10, 2022. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 67. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 96-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed.  RESOLUTION NO. 96-21 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Memorandum of Understanding to Collective Bargaining Agreement (CBA) between the City of Sioux Falls and Local 519 of the American Federation of State, County, and Municipal Employees providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. 2. That the MOU specifically amends Article 26, Holidays, to add Juneteenth Day as an official holiday commencing in calendar year 2022 is hereby approved by the City Council. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 68. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 97-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 97-21 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Memorandum of Understanding (MOU) to the Collective Bargaining Agreement between the City of Sioux Falls and Local 814 of the International Association of Firefighters providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council.  2. That the MOU specifically amends Article 23, Holidays, to add Juneteenth Day as an official holiday commencing in calendar year 2022 is hereby approved by the City Council. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 69. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS FRATERNAL ORDER OF POLICE, LODGE #1 L.C. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 98-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 98-21 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS FRATERNAL ORDER OF POLICE, LODGE #1 L.C. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Memorandum of Understanding to Collective Bargaining Agreement (CBA) between the City of Sioux Falls and Sioux Falls Fraternal Order of Police, Lodge #1 L.C. providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. 2. That the MOU specifically amends Article 24, Holidays and Personal Leave Days, to add Juneteenth Day as an official holiday commencing in calendar year 2022 is hereby approved by the City Council. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 70. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, AND URBANIZED DEVELOPMENT COMMISSION (UDC). Sponsors: Council Members Soehl and Jensen  A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 99-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 99-21 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, AND URBANIZED DEVELOPMENT COMMISSION (UDC). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following City Council appointments: Name Board Term Curt Soehl SECOG Appointed for a term to expire May 17, 2022. Pat Starr SECOG Appointed for a term to expire May 17, 2022. Jim David SECOG Appointed for a term to expire May 17, 2022, as an alternate. Janet Brekke UDC Appointed for a term to expire May 17, 2022. Rick Kiley UDC Appointed for a term to expire May 17, 2022. Greg Neitzert UDC Appointed for a term to expire May 17, 2022. Pat Starr UDC Appointed for a term to expire May 17, 2022. David Bixler and UDC Appointed for a term to expire May 17, 2022, Jim David as alternates. Section 1. The appointed persons may continue to serve after the expiration of his/her term of office until a replacement is appointed and approved by the City Council. Date adopted: 08/17/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 71. A RESOLUTION DECLARING CERTAIN PROPERTY OF THE CITY SURPLUS AND APPROVING INSPECTION AND SALVAGE AGREEMENT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 100-21.  Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 100-21 A RESOLUTION DECLARING CERTAIN PROPERTY OF THE CITY SURPLUS AND APPROVING INSPECTION AND SALVAGE AGREEMENT. WHEREAS, the City owns the following real property: The South 283' of the West 300' of the East 425' of the SE1/4 SE1/4 of Section 26-T102N-R49W of the 5th P.M., Minnehaha County, SD; and Tract 1 of Crusher Investment Co. Addition in the E1/2 SE1/4 of Section 26 and the W1/2 SW1/4 of Section 25-T102N-R49W of the 5th P.M., Minnehaha County, SD; and WHEREAS, pursuant to SDCL 6-5-2 any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares pursuant to SDCL Chapter 6-13 the structures on the following real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired: The South 283' of the West 300' of the East 425' of the SE1/4 SE1/4 of Section 26-T102N-R49W of the 5th P.M., Minnehaha County, SD; and Tract 1 of Crusher Investment Co. Addition in the E1/2 SE1/4 of Section 26 and the W1/2 SW1/4 of Section 25-T102N-R49W of the 5th P.M., Minnehaha County, SD; Section 2. The above-described surplus property shall be demolished, destroyed, or removed from the real property. Section 3. That it approves the document titled, “Inspection and Salvage Agreement.” That said agreement is attached hereto and made part of this Resolution as if set out in full. Section 4. That the Mayor is authorized to sign on behalf of the City the Inspection and Salvage Agreement, and any and all other documents that may be necessary to transfer ownership of such surplus property, to South Eastern Development Foundation, a South Dakota nonprofit corporation pursuant to the attached agreement to be used for public, charitable, or humanitarian purposes and accommodation. Section 5. That 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: 08/17/21 . 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) 72. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED July 31, 2021. NEW BUSINESS GENERAL PUBLIC INPUT David Zokaites spoke about quieter City addendums. Kathryn Riffle spoke about problems with the Bishop Dudley House and human trafficking. Steven Siano spoke about being a disabled veteran and requested the ability to call in for public input. Emmett Reistroffer spoke about the cannabis issues and requested a commission or board to be dedicated solely to cannabis. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Jensen to adjourn at 10:38 p.m. Voice vote to adjourn. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk