City Council Meeting

MINUTES Regular City Council Meeting Tuesday, September 7, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Budget Hearings of Tuesday, August 17, 2021  City Council Meeting of Tuesday, August 17, 2021  Joint City Council / Minnehaha County Commission Meeting of Tuesday, August 24, 2021  Joint City Council / Lincoln County Commission Meeting of Tuesday, August 24, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 3, 2021. 7. Notice of change orders on the memorandum dated September 3, 2021. 8. Approval of a request from Ryan Morris and Emma Bose to consume, but not sell, seltzer and beer at the Mary Jo Wagner Arboretum, 1900 South Perry Place, on September 11, 2021, for the following purpose: wedding and reception venues. 9. Approval of a request from Bob Brown and Megan Arend to consume, but not sell, champagne at the Old Courthouse Museum, 200 W. 6th Street, on October 8, 2021, for the following purpose: wedding ceremony. 10. Report of Requests for Quotes for Fuel dated August 16, 2021; Dyed Diesel #2 (6,000 Gallons), Unleaded (2,000 Gallons); Vollan Oil (Dyed Diesel #2 $2.155 and Unleaded $2.411); Olson Oil, Howes Oil, CHS and Harms Oil, all no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated August 19, 2021; Dyed Diesel #2 (4,000 Gallons), Unleaded (4,000 Gallons); Farstad Oil (Dyed Diesel #2 $2.292 and Unleaded $2.092); Coles Petroleum (Dyed Diesel #2 $2.2995 and Unleaded $2.1045);Howes Oil, CHS and Harms Oil, all no bid. Bid awarded to: Farstad Oil. 12. Report of Requests for Quotes for Fuel dated August 20, 2021; Unleaded (3,000 Gallons). Vollan Oil (Unleaded $2.3404). Coles Petroleum, Howes Oil, CHS, Harms Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil. 13. Report of Requests for Quotes for Fuel dated August 23, 2021; Dyed Clear Diesel #2 (675 Gallons); Vollan Oil ($2.43), Howes Oil ($2.415); CHS Oil and Coles Petroleum, all no bid. Bid awarded to: Howes Oil. 14. Report of Requests for Quotes for Fuel dated: August 26th, 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 $2.4772. 15. Report of Requests for Quotes for Fuel dated: August 27th, 2021: Unleaded (3,000 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 $2.4257. 16. Report of Requests for Quotes for Fuel dated August 31, 2021; Dyed Diesel #2 (7,500 Gallons); Vollan Oil (Dyed Diesel #2 $2.266); Harms Oil (Dyed Diesel #2 $2.2639); Howes Oil, CHS and Coles Petroleum, all no bid. Bid awarded to: Harms Oil. APPLICATIONS 17. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for T Nail Spa, 433 West 69th Street. 18. Special One-Day Liquor Licenses for Washington Pavilion Management Inc, 301 South Main Avenue, for weddings on September 17 & 18, 2021. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 19. Parcel #30688, for 2020 property taxes in the amount of $2,853.98. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, September 21, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for SIR by Vanessens 430 East Eighth Street (CUP not required). 21. Set a date of hearing for Tuesday, September 21, 2021. New 2021 Retail Wine & Cider License for Crawford’s, 214 South Phillips Avenue (CUP not required). 22. Set a date of hearing for Tuesday, September 21, 2021. Transfer of 2021 Retail Liquor License, including video lottery terminals, from Q Club Inc., Lucky’s, 224 South Phillips Avenue, to LKN LLC, Lucky’s, 224 South Phillips Avenue (CUP not required). 23. Set a date of hearing for Tuesday, September 21, 2021. Transfer of 2021 Retail Liquor License from Severance Beer LLC, 701 North Phillips Avenue, Suite 110, to Papa Woody’s Wood Fired Pizza Inc., 775 North Phillips Avenue (CUP not required). REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Erickson to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Erickson to amend by placing: agenda Item 54 immediately before agenda Item 36; agenda Item 51 immediately after agenda Item 44; agenda Item 52 immediately before agenda Item 40; and, agenda Items 45 through 50 and 53 immediately after agenda Item 40. Roll call vote to amend. 7 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. Roll call vote to approve, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 25. 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. 26. 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. 27. Special One-Day Malt Beverage License for Christ the King Church and School, 1801 South Lake Avenue, for a picnic on September 11, 2021. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve Items 25 through 35. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Item 54 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 99-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 37. 2nd 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). Private Applicant(s): 85th Street Homes, LLC - Michael Bender A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 100-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 38. 2nd 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). Private Applicant(s): Willadsen Lund Engineering Corp - Eric Willadsen A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Ordinance 101-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 39. 2nd 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). Private Applicant(s): Norman Engineering, Inc. – Aaron Norman A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Ordinance No. 102-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Item 52 was heard at this time. See item for action taken. 40. 2nd 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). Private Applicant(s): Norman Engineering, Inc. - Aaron Norman A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Ordinance No. 103-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Items 45 through 50 were heard at this time. See items for action taken. Item 53 was heard at this time. See item for action taken. 41. 2nd 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). Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 104-21. A motion was made by Council Member Jensen and seconded by Council Member Erickson to amend Section 1 by inserting the number "121" to the existing blank and the placeholder denoted by "XXX". Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 42. 2nd 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. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 105-21. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend Section 4, paragraph (b)(2) by striking the words “one hundred thousand dollars” and inserting “fifty thousand dollars for medical cannabis dispensaries and five thousand dollars for testing facilities” and paragraph (b)(3) by striking the words “two years” and inserting “one year”; and, by striking “one hundred thousand dollars” and inserting “twenty five thousand dollars for medical cannabis dispensaries and one thousand five hundred dollars for testing facilities”; and by striking the sentence “The renewal license fee is in addition to the application fee required pursuant to Section121.003(b)(1)”; and by inserting the word “renewal” between the words “the” and “license” in the last sentence. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend Section 4, paragraph (b)(1) by inserting the word “initial” between “an” and “application” in the first sentence; and by striking the word “nonrefundable” between “a” and “fee”, also in the first sentence; and by striking the remainder of the first sentence after the phrase “in an amount” and inserting “of twenty five thousand dollars for medical cannabis dispensaries and one thousand five hundred dollars for testing facilities. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend Section 4, paragraph (b)(1) by inserting a second sentence to read: “In the event the applicant is denied a registration certificate from the Department or the City, the application fee shall be refunded". Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Brekke and seconded by Council Member Kiley to amend Section 4, paragraph (a)(1) by striking “entity” and inserting “licensee”; and, by striking all words in the last sentence after “city and” and inserting “is transferable only under the following criteria:”; and inserting a new subparagraph A to read “The transferee shall, with the exception of the application and license fees set forth in this chapter, comply with the application, license and zoning requirements that have been previously met by the current license holder as set forth in these conditions.” and, a new subparagraph B to read “The license specialist shall review the transferee’s application, verify that the provisions of these ordinances have been met and, in the event the transfer is approved, report such transfer to the city council”; and to strike the word “decision” and insert “application” in the first sentence of paragraph (a)(2)C. A motion was made by Council Member Brekke and seconded by Council Member Starr to amend the amendment by striking “conditions” and inserting “ordinances”. Roll call vote to amend the amendment. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Brekke and seconded by Council Member Kiley to amend Section 4, paragraph (c) by striking “revoke or suspend” and inserting “recommend the revocation or suspension of”’; and striking “proof by a preponderance of the evidence of”; and, in paragraph (d)(1) by striking the words “intent” and inserting the words “the recommendation”; AND by striking “city’s intention” and inserting “licensing specialist’s intent”; and, by striking paragraph (d)(2) and inserting “The license specialist shall report his/her findings to the city council. The city council shall conduct a public hearing to make a final determination on the recommendation for suspension or revocation.”; AND, in paragraph (d)(3), by striking all after “A suspension will be for thirty (30) days).”; and, by striking all words after “year” in paragraph (d)(4); and, by striking “licensing authority” and inserting “city” in the last sentence of paragraph (e); and, by striking paragraph (f). Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Starr to amend Section 3 by striking paragraph (b)(2); and in Section 4, paragraph (a)(3)A, by striking all words after “apply” and  inserting “for the initial issuance of dispensary licenses.”; and by inserting the word “first” after the word “dispensary” in paragraph (a)(3)B; and by striking the second sentence in paragraph (a)(3)(F). Motion died for lack of a second. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend Section 5 by striking paragraph (d) and relabeling subsequent paragraphs in the section accordingly. Roll call vote to amend. 2 Yes: Starr, Brekke; 6 No: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl. Motion Failed. Roll call vote to adopt, as amended. 7 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. 43. 2nd 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. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 106-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022. Recommendation: Set a date of 2nd Reading for Tuesday, September 14, 2021. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 14, 2021 for Item 44. Roll call vote to set a date of 2nd Reading. 7 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. Item 51 was heard at this time. See item for action taken. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE 113-20 AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO COMMNET CELLULAR INC. D/B/A/ VERIZON WIRELESS WITHIN MCKENNAN PARK.  Recommendation: Set a date of 2nd Reading for Tuesday, September 14, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, September 14, 2021 for Item 45. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO COMMNET CELLULAR INC. D/B/A VERIZON WIRELESS WITHIN MCKENNAN PARK. Recommendation: Set a date of 2nd Reading for Tuesday, September 14, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, September 14, 2021 for Item 46. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO COMMNET CELLULAR INC. D/B/A VERIZON WIRELESS WITHIN FALLS PARK, SITE NAME: SD SFA DTSF NORTH 020. Recommendation: Set a date of 2nd Reading for Tuesday, September 14, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 14, 2021 for Item 47. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO COMMNET CELLULAR INC. D/B/A VERIZON WIRELESS WITHIN FALLS PARK, SITE NAME: SD SFA DTSF NORTH 018. Recommendation: Set a date of 2nd Reading for Tuesday, September 14, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 14, 2021 for Item 48. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO COMMNET CELLULAR INC. D/B/A VERIZON WIRELESS WITHIN FALLS PARK, SITE NAME: SD SFA DTSF NORTH 021. Recommendation: Set a date of 2nd Reading for Tuesday, September 14, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 14, 2021 for Item 49. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, September 21, 2021. Sponsor: Mayor Mayor TenHaken passed the gavel and control of the meeting to Council Chair Soehl for this item. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, September 21, 2021 for Item 50. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 51. PUBLIC HEARING FOR A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022, AND THE 2022-2026 CAPITAL PROGRAM. There was no public input. 52. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS 2ND ADDITION (14745-2021). The Planning Commission recommends approval (4-0). Private Applicant(s): Norman Engineering- Aaron Norman A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 101-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 102-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF JEFFERSON HEIGHTS 2ND ADDITION (14745-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Jefferson Heights 2nd 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: 09/07/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 53. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SD. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Resolution No. 102-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 103-21 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the 2021 special assessment roll for the Main Street Business Improvement District in the City of Sioux Falls, SD, is hereby approved, and the assessment as set out in said special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of said special assessment roll in the City Finance Office. Section 2. Said assessment may be paid in one annual installment based on the assessed valuations of the property adjusted each year and shall be collected under Plan One— Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 09/07/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with 3% interest for the quarterly rate each year in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2022. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 7th day of September, 2021, and that the whole of said assessment may be paid without interest to the City Finance Office on or before 30 days after said filing. Thomas Greco, City Clerk 54. A RESOLUTION APPROVING THE 2021-2022 BUDGET FOR THE SIOUX FALLS CONVENTION & VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 103-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 104-21 A RESOLUTION APPROVING THE 2021–2022 BUDGET FOR THE SIOUX FALLS CONVENTION & VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. WHEREAS, pursuant to Resolution No. 86-10, the City of Sioux Falls adopted a resolution of intent to establish the Sioux Falls Convention & Visitors Bureau (CVB) Business Improvement District; and WHEREAS, in accordance with Chapter 9-55 of the South Dakota Codified Laws, the CVB Business Improvement District has imposed an occupational tax of two dollars ($2.00) per night per rented room for all lodging rooms within the CVB Business Improvement District to market and promote the visitor industry in the city of Sioux Falls and increase the room night sales of lodging facilities within the CVB Business Improvement District; and WHEREAS, the CVB Business Improvement District Board of Directors has developed an annual budget that is subject to City Council approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the budget dated October 1, 2021, through September 30, 2022, is hereby approved. Date adopted: 09/07/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sierra Broussard spoke about crime levels in the Pettigrew neighborhoods. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Kiley to adjourn the meeting at 9:03 p.m. Voice vote to adjourn. 7 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk