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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 14, 2021

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Minutes

MINUTES City Council Meeting Tuesday, September 14, 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 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, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Randall Gehring, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 7, 2021  Regular City Council Meeting of Tuesday, September 7, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 10, 2021. 7. Report of Requests for Quotes for Fuel dated: September 2, 2021: Unleaded (7,500 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 $2.4006. 8. Report of Requests for Quotes for Fuel dated September 3, 2021; Dyed Diesel #2 (7,500 Gallons); Vollan Oil ($2.3275); Coles Petroleum ($2.3086); Farstad Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Selberg to amend by placing agenda Items 22, then 16 immediately after agenda Item 14; and to list "Council Members Jensen and Soehl" as the sponsors for agenda Item 22 and the "Mayor" as the sponsor for agenda Items 16, 17, & 19-21. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to amend by withdrawing agenda Item 18. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 10. 2nd 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. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Ordinance No. 107-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 11. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 108-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 12. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 109-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 13. 2nd 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. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 110-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 14. 2nd 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. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 111-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Item 22 was heard at this time. See item for action taken. Item 16 was heard at this time. See item for action taken. 15. 2nd 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. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 112-21. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to amend by reflecting changes to the resolution adopting the budget and the Capital Program. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 16. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022, AND THE 2022-2026 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 104-21. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the General Fund Parks and Recreation operating budget by $50,000 to provide funding to the Mary Jo Wegner Arboretum for capacity building, youth outreach, and youth education. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the General Fund Health Department operating budget by $250,000 to provide assistance to support behavioral health access support, counseling and referral services, as well as disaster prevention and mitigation services. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the Housing Fund budget by $3,000,000 to support strategic acquisition and housing development activities in eligible core redevelopment areas, qualified census tracks, and census tracks with high social vulnerability. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the General Fund Parks and Recreation operating budget by $175,000 to provide funding for YMCA youth center support and youth outreach. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Neitzert to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the General Fund Police operating budget by $300,000 to provide funding for youth and community violence intervention, outreach and support services. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Erickson to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the Sales/Use Tax Fund Parks and Recreation budget by $5,000,000 to support construction of the Big Sioux River Low Head Dam and River Greenway Phase 3 improvements; and to amend the 2022-2026 Capital Program to increase Parks and Recreation Capital Improvements Program Project No. 14014, River Greenway Improvements, in 2022 for construction of the Big Sioux Low Head Dam by increasing the amount by $5,000,000 funded by American Rescue funds. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the 2022 Budget by allocating a one-time funding received through the American Rescue Plan Act by increasing the Sales/Use Tax Fund Fire budget by $2,500,000 to support construction and purchase of equipment for the Public Safety Training Facility; and amend the 2022-2026 Capital Program to increase Fire Capital Improvements Program Project No. 09017, Public Safety Training Center, in 2022 for construction and equipment by increasing the amount by $2,500,000 funded by American Rescue Plan funds. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the 2022-2026 Capital Program to reflect one-time funding allocations including: Modify the description for Parks and Recreation Capital Improvements Program Project No. 14082, Community/Regional Park improvements to reflect Council's consensus to designate existing funding in the amount of $800,000 for construction of a new skateboard park at Nelson Park and $300,000 for improvements at the Mary Jo Wegner Arboretum and $200,000 for improvements at Tomar Park and inserting the description "Sioux Falls Skate Park (23)", inserting the description "Tomar Park Improvements (23), and deleting "Arboretum Master Plan Improvements, design (22)" and replacing with "Arboretum Master Plan Improvements, design (22) and construction (23)". Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the 2022 Budget by increasing the General Fund Planning and Development Services operating budget by $50,000 to provide additional support to Southeast Technical Institute. Funding to come from General Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend the 2022 General Fund Revenue Budget by reducing the increase of property tax by $854,478 (1.2% CPI adjustment pursuant to SDCL 10-13-35) (2022). Roll call vote to amend. 1 Yes: Starr; 7 No: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl. Motion Failed. Roll call vote to adopt, as amended. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 104-21 A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022, AND THE 2022-2026 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 2022 Recommended Budget and 2022-2026 Capital Program as amended by the City Council is hereby approved. Date adopted: 09/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Starr to adopt Resolution No. 105-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 105-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the City of Sioux Falls owns a sculpture known as “Sea Dream” by artist Steve Thomas; and WHEREAS, the artist, Steve Thomas depicts the sculpture as a “pure organic form” “found only in nature.” The sculpture measures approximately 12 feet in height, 8 feet in width, and 8 feet in length; and WHEREAS, the sculpture was removed from its previous location near 10th St. and 2nd Ave. to accommodate the construction of the Kirby Dog Park at Fort Sod; and WHEREAS, the deteriorating sculpture was restored through a gifting agreement with Sioux Steel Company of Sioux Falls; and WHEREAS, the proposed site placement for the “Sea Dream” sculpture has been identified as being prominently displayed on the front lawn at Prairie Green Golf Course at the top of rolling hills just north of 69th St.; and WHEREAS, costs associated with placement, installation, and landscaping of the “Sea Dream” sculpture will be provided by the City and Landscapes Unlimited; and WHEREAS, the Sioux Falls Visual Arts Commission encourages and recommends the outdoor exhibition of public art in Sioux Falls, SD; and WHEREAS, the Sioux Falls Visual Arts Commission met on July 20, 2021, and recommended that the City Council approve the placement of the “Sea Dream” sculpture at the Prairie Green golf course; and WHEREAS, the Sioux Falls Parks and Recreation Board met on July 21, 2021, and unanimously recommended that the City Council approve the placement of the “Sea Dream” sculpture at the Prairie Green Golf Course; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The “Sea Dream” sculpture and its placement within the Prairie Green Golf Course outdoor plaza area as described above be approved as recommended. Date adopted: 09/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION APPROVING THE VACATION OF A 33-FOOT-WIDE AND 605- FOOT-LONG SERVICE ROAD IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. Private Applicant(s): Splitrock Township Withdrawn during approval of the Regular Agenda. 19. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 3400 GATEWAY BLVD., SIOUX FALLS, SD 57106, FOR PUBLIC USE. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 107-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 107-21 A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 3400 GATEWAY BLVD., SIOUX FALLS, SD 57106, FOR PUBLIC USE. WHEREAS, the City of Sioux Falls (the “City”) is authorized and proposes to undertake and carry out for public use a street construction project in cooperation with SDDOT that includes reconstructing and widening 41st St. from approximately 400' west of Marion Rd. to Interstate 29; the project is identified as P1400(16) PCN 05NF (the “Project”); and WHEREAS, in connection with the Project, it is necessary to acquire right-of-way from Robert L. Miller and Jonette M. Miller, which property is legally described as Lot 1, less the East 50 feet in Block 2 of Gateway Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right-of-way and construction, which may include control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, in connection with such acquisition, the City has obtained an independent real estate appraisal to determine fair market value, which appraisal has been reviewed by an independent real estate appraiser; and WHEREAS, a purchase offer at fair market value based on the appraisal has been made by the City of Sioux Falls for the right-of-way; and WHEREAS, the City of Sioux Falls has been unable to acquire, by voluntary purchase or agreement, the rights-of-way and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, it is deemed necessary and in the best interest of the City of Sioux Falls that the acquisition of the Project right-of-way proceed expeditiously; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property by condemnation for any purpose authorized by law when approved by a two-thirds majority vote; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That it is necessary to acquire the following rights-of-way and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-35 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL § 31-19- 23: Right-of-Way: Lot H1 in Lot 1, less the East 50 feet in Block 2 of Gateway Addition to the City of Sioux Falls, Minnehaha County, South Dakota, as shown in Attachment B. Lot H1 contains 3,357 sq ft (0.08 acre), more or less. Temporary Easement: A parcel in Lot 1, less the East 50 feet in Block 2 of Gateway Addition to the City of Sioux Falls, Minnehaha County, South Dakota, as shown in Attachment A. The parcel contains 2,154 sq ft (0.1 acre), more or less. Section 2. 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: 09/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 7615 SD HIGHWAY 42, SIOUX FALLS, SD 57110, FOR PUBLIC USE. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 108-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 108-21 A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 7615 SD HIGHWAY 42, SIOUX FALLS, SD 57110, FOR PUBLIC USE. WHEREAS, the City of Sioux Falls (the “City”) is authorized and proposes to undertake and carry out for public use a street construction project in cooperation with SDDOT to reconstruct part of Arrowhead Parkway from a rural two-lane highway to a full urban street section; the project is identified as P 1358(02) PCN 05C2 (the “Project”); and WHEREAS, in connection with the Project, it is necessary to acquire right-of-way from Johnson Properties, LLC, which property is legally described as Lot A of Lots 1, 2 and 3 in Block 3 of Pleasant View Acres in Section 19, Township 101 North, Range 48 West, Minnehaha County, South Dakota, according to the recorded plat thereof; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right-of-way and construction, which may include control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2022; and WHEREAS, in connection with such acquisition, the City has obtained an independent real estate appraisal to determine fair market value, which appraisal has been reviewed by an independent real estate appraiser; and WHEREAS, a purchase offer at fair market value based on the appraisal has been made by the City of Sioux Falls for the right-of-way; and WHEREAS, the City of Sioux Falls has been unable to acquire, by voluntary purchase or agreement, the rights-of-way and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, it is deemed necessary and in the best interest of the City of Sioux Falls that the acquisition of the Project right-of-way proceed expeditiously; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property by condemnation for any purpose authorized by law when approved by a two-thirds majority vote; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That it is necessary to acquire the following rights-of-way and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-35 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL § 31-19- 23: Right-of-Way: Lots H3 and H4 in Lot A of Lots 1, 2 and 3 in Block 3 of Pleasant View Acres in Section 19, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota, as shown in Attachment B. Lot H3 contains 4,484 sq ft (0.10 acre), more or less. Lot H4 contains 387 sq ft (0.01 acre), more or less. Temporary Easement: A parcel in Lot A of Lots 1, 2, & 3 in Block 3 of Pleasant View Acres in Section 19, Township 101, Range 48 West of the 5th P.M., Minnehaha County, South Dakota, as shown in Attachment A. The parcel contains 3,257 sq ft (0.07 acre), more or less. Section 2. 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: 09/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Resolution No. 109-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 109-21 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a special front foot assessment fee upon each lot, tract, and parcel of land fronting upon every street and part thereof within the city of Sioux Falls to be used to maintain and repair street surfacing or pavement. Section 2. There is hereby assessed against each and every lot, tract, and parcel of land fronting upon every street, or part thereof, one dollar ($1.00) per front foot for the year 2022, which shall be apportioned as the assessment for maintaining of street surfacing or pavement, except for such parcels that are exempt by law. Front foot, for the purposes of this resolution, means the actual front of the premises as established by the buildings thereon, record title, and use of the property regardless of the original plat. Section 3. The City Clerk shall certify such special front foot assessment fees to the county auditors of Minnehaha and Lincoln Counties, SD, and the same shall be collected as municipal taxes for general purposes. Date adopted: 09/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION OF THE CITY OF SIOUX FALLS ADOPTING THE CITY’S VISION STATEMENT AND ONE SIOUX FALLS FRAMEWORK. Sponsors: Council Members Jensen and Soehl A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 106-21. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 106-21 A RESOLUTION OF THE CITY OF SIOUX FALLS ADOPTING THE CITY’S VISION STATEMENT AND ONE SIOUX FALLS FRAMEWORK. WHEREAS, a vision statement describes an organization’s purpose, what an organization is striving for, and what it wants to achieve; and WHEREAS, the proposed 2022 Budget is focused on priorities driven by the vision statement, “Taking care of today for a better tomorrow”; and WHEREAS, that vision statement is supported by the One Sioux Falls framework, which has been established by the Mayor and his administration to identify key community priorities; and WHEREAS, the City Council supports the vision and priorities set forth above as established by the Mayor and his administration; and WHEREAS, the City Council actively supports the formation of the 2026 Housing Action Plan, within the One Sioux Falls framework, to identify effective strategies to make housing more accessible to current and future residents of Sioux Falls; BE IT FURTHER RESOLVED THAT: That the City of Sioux Falls hereby adopts as its official vision statement, “Taking care of today for a better tomorrow,” and the One Sioux Falls framework as its policy for guiding its mission to provide excellent quality of life in Sioux Falls. Date adopted: 09/14/21 . 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) 23. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED August 31, 2021. NEW BUSINESS There was none. GENERAL PUBLIC INPUT The Mayor passed the gavel to Council Chair Soehl. David Zokaites spoke about improper signage. Council Chair Soehl passed the gavel back to the Mayor. Hunter Barry spoke about his reasons for moving from California to Sioux Falls. Linda Oliver spoke about moving to Sioux Falls and what she likes aobut it; and COVID vaccines. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 7:39 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, September 14, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL 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 Council Member Pat Starr Mayor Paul TenHaken 2. INVOCATION  Pastor Randall Gehring, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 7, 2021  Regular City Council Meeting of Tuesday, September 7, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 10, 2021. 7. Report of Requests for Quotes for Fuel dated: September 2, 2021: Unleaded (7,500 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 $2.4006. 8. Report of Requests for Quotes for Fuel dated September 3, 2021; Dyed Diesel #2 (7,500 Gallons); Vollan Oil ($2.3275); Coles Petroleum ($2.3086); Farstad Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 10. 2nd 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. Sponsor: Mayor 11. 2nd 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. Sponsor: Mayor 12. 2nd 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. Sponsor: Mayor 13. 2nd 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. Sponsor: Mayor 14. 2nd 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. Sponsor: Mayor 15. 2nd 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. Sponsor: Mayor HEARINGS AND RESOLUTIONS 16. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2022, AND THE 2022-2026 CAPITAL PROGRAM. 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. 18. A RESOLUTION APPROVING THE VACATION OF A 33-FOOT-WIDE AND 605- FOOT-LONG SERVICE ROAD IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. 19. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 3400 GATEWAY BLVD., SIOUX FALLS, SD 57106, FOR PUBLIC USE. 20. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 7615 SD HIGHWAY 42, SIOUX FALLS, SD 57110, FOR PUBLIC USE. 21. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. 22. A RESOLUTION OF THE CITY OF SIOUX FALLS ADOPTING THE CITY’S VISION STATEMENT AND ONE SIOUX FALLS FRAMEWORK. 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) 23. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED August 31, 2021. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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