City Council Meeting

MINUTES City Council Meeting Monday, October 18, 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 Greg Neitzert, Council Member Marshall Selberg, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Chris Matson, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Soehl to place Sub-Item 6 from Agenda Item 6 on the Regular Agenda for Council Discussion (Fire Rescue; Public Safety Training Campus-to award a bid; Peska Construction, Inc.; $42,626,628.00). See Agenda Item 6 for action taken. 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: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 12, 2021  City Council Meeting of Tuesday, October 12, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 15, 2021. A motion was made by Council Member Soehl and seconded by Council Member Kiley to approve Sub-Item 6 from Agenda Item 6. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 7. Report of Requests for Quotes for Fuel dated: October 8, 2021; Unleaded Ethanol (3,000 Gallons) & #2 Dyed Diesel (5,000 Gallons); Midway Service ($2.6019 Unleaded & $2.6089 Diesel); Cole’s Petroleum ($2.5534 Unleaded & $2.5759 Diesel); Harms Oil ($2.6705 Unleaded & $3.1869 Diesel); Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 8. Approval of a request from Staci Peters to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on November 18, 2021, for the following purpose: exhibit opening reception. APPLICATIONS 9. Renewal of 2021-22 Retail Malt Beverage/SD Farm Wine License for Stubbies Bar & Grill, 5024 South Cliff Avenue. 10. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on October 20, 26 and November 6, 2021. 11. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, November 2, 2021. New 2021 Package Liquor License for Minnehaha Country Cub, 3101 West 22nd Street (CUP not required). 13. Set a date of hearing for Tuesday, November 2, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine & Cider License for Chuck Stop LLC, Charlie’s Pizza, 6213 South Old Village Place (CUP not required). 14. Set a date of hearing for Tuesday, November 2, 2021. Special One-Day Off-Sale Wine License for Rotary Club Sioux Falls West, 4712 East Alpine Circle, for a fundraiser on November 19, 2021. REGULAR AGENDA 15. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Council Member Janet Brekke noted that she overlooked Sub-Item 9 from Agenda Item 6 and would normally have recused herself from the vote. She does not have a direct financial interest in the vendor (Woods, Fuller, Schultz, and Smith), but her daughter works for them. Sub-Item 6 from Agenda Item 6 was heard at this time. See item for action taken. UNFINISHED BUSINESS 16. New 2021 Package Liquor License for Get N Lit, 2708 South Ellis Road, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. 17. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 101, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. Pending final inspections per Health and Building Services. 18. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 101. 19. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 102, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. Pending final inspections per Health and Building Services. 20. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 102. 21. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 103, with Conditional Use Permit (13176-2020) being approved on November 4, 2020. Pending final inspections per Health and Building Services. 22. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., 2704 South Ellis Road, Suite 103. 23. New 2021 Package Liquor License and Renewal of 2022 Package Liquor License for Chevy’s Fresh Mex, 2801 South Louise Avenue (CUP not required). 24. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Johnny Carino’s, 2310 South Louise Avenue. 25. New 2021 Package Liquor License and Renewal of 2022 Package Liquor License for Freedom Valu Centers, 1601 South Minnesota Avenue. 26. New 2022 Package Liquor License for Gash Barka LLC, 2412 East 10th Street (CUP not required). 27. New 2022 Package Liquor License and New 2022 Off-Sale Delivery License for Thirsty Duck, 945 South Marion Road, Suite 101. 28. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Top Shelf Entertainment LLC, Wine & Canvas, 1412 West 41st Street, to Jodi Baumgartner, Black Cat Art Studio, 1412 West 41st Street, with Conditional Use Permit (012880-2020) being approved on October 7, 2020. 29. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License from Aashna LLC, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, to Alimamy Kamura, Xtra Time Sports Bar, 4719 East Arrowhead Parkway, with Conditional Use Permit (8209-2018) being approved on April 4, 2018. 30. Request to add video lottery terminals with the 2021-22 Retail Malt Beverage/SD Farm Wine License for Xtra Time Sports Bar, 4719 East Arrowhead Parkway. A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve Agenda Items 16 through 30. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED ON E. 21ST ST. BETWEEN S. 4TH AVE. AND S. 7TH AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICTS TO THE RHP SINGLE-FAMILY RESIDENTIAL—HISTORIC PRESERVATION DISTRICT, NO. 14959-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Multiple Property Owners A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 31. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4605 W. 69TH ST. FROM THE AG AGRICULTURE  DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 14998-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Sayre & Associates: Thad Roberts A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2010 AND 2012 W. 22ND ST. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 15009-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Erickson Properties, LLC-Tony Erickson A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 33. Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3301 E. RICE ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING DISTRICT, NO. 15079-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Painter Properties-Steve Painter A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4100 W. 60TH ST. N. FROM THE C-4 COMMERCIAL— REGIONAL AND THE I-1 LIGHT INDUSTRIAL DISTRICTS TO THE I-1 LIGHT INDUSTRIAL AND I-2 HEAVY INDUSTRIAL DISTRICTS, NO. 15089-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Enclave Companies-Kari Franklin  A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 35. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 15101-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Empire Homes-Brady Hyde A motion was made by Council Member Erickson and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 36. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 725 E. 28TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15106-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): David Donahoe A motion was made by Council Member Selberg and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 37. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 800 S. SYCAMORE AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15107-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): AHS, Inc-Brent Tucker A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 38.  Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 530 N. CLIFF AVE. FROM THE O OFFICE DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15115- 2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): SEDF-Lynne Keller Forbes A motion was made by Council Member Brekke and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 9009 E. 57TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT, NO. 15117-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Todd Porter A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 705 S. BLAUVELT AVE. FROM THE I-1 LIGHT INDUSTRIAL, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION DISTRICT, NO. 15120-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): IronFox Farm-Daniel Vos A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 304 N. SPRING AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15126-2021, AND AMENDING THE  OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 2, 2021. Private Applicant(s): Discovery Realty Group-Destinie Marshall A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 2, 2021 for Item 42. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER VACANT BUILDINGS. Recommendation: Set a date of 2nd Reading for Tuesday, November 9, 2021. Sponsors: Council Members Soehl and Erickson A motion was made by Council Member Brekke and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 9, 2021 for Item 43. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 44. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 122-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 122-21 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”), has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Water Reclamation Facility Expansion and Capacity Improvements (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and  WHEREAS, it is necessary to designate an authorized representative to execute and submit the applications on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the submission of applications for financial assistance in an amount not to exceed $134,375,000 for the Water Reclamation Facility Expansion and Capacity Improvements to the South Dakota Board of Water and Natural Resources for the Project. 2. That the City is hereby authorized to execute the applications and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Date adopted: 10/18/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION IN SUPPORT OF THE AMERICAN RESCUE PLAN FUNDING REQUEST MADE BY THE LEWIS & CLARK REGIONAL WATER SYSTEM FOR ITS EXPANSION TO 60 MILLION GALLONS PER DAY. (State of South Dakota) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Brekke to adopt Resolution No. 123-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 123-21 A RESOLUTION IN SUPPORT OF THE AMERICAN RESCUE PLAN FUNDING REQUEST MADE BY THE LEWIS & CLARK REGIONAL WATER SYSTEM FOR ITS EXPANSION TO 60 MILLION GALLONS PER DAY. WHEREAS, the City of Sioux Falls is a member of the Lewis & Clark Regional Water System (L&C); and WHEREAS, the L&C “base system” is being constructed to deliver 44.19 million gallons a day (MGD), but the long-time plan has been to expand the System to 60 MGD; and WHEREAS, in mid-2020, discussions began on moving forward with the expansion that culminated in all 20 members indicating an interest in late 2020 to participate in the 15.81 MGD expansion; and WHEREAS, the Expansion Commitment Agreement was sent to the members on August 4, 2021, with a January 3, 2022, deadline for approval and payment of a nonrefundable deposit; and WHEREAS, City of Sioux Falls set a new water use record this summer. In several cases, members exceeded their base system reserved capacities from L&C; and WHEREAS, the high water use as a result of the drought, stronger than expected growth, as well as the members’ expectations that the base system would have been completed about 15 years ago, made it clear the importance of completing the expansion as soon as feasible; and WHEREAS, completing the expansion as soon as feasible, which will take several years or more, is meant to address “current needs” upon completion and not “future growth”; and WHEREAS, the entire cost of the expansion is the responsibility of the members; and WHEREAS, it was thought a couple years ago the members would have more time to save money to help cover their respective share of the expansion cost; and WHEREAS, the realization that the expansion is needed sooner than originally thought means the members will need to pay for their share of the expansion sooner than originally thought; and WHEREAS, the cost of the expansion will directly impact through rates the households and businesses who purchase water from L&C’s members; and WHEREAS, those households and businesses in many cases are still feeling the adverse financial impacts of the pandemic; and WHEREAS, to help reduce the cost of the expansion and thereby keep the rate increases from being overly onerous, L&C is requesting American Rescue Plan (ARP) funding from South Dakota, Iowa, and Minnesota for the portions of the expansion infrastructure in the borders of those states that can be awarded by the end of 2024 and completed by the end of 2026; and WHEREAS, even if all three states approve L&C’s ARP funding requests, the vast majority of the expansion cost, which including inflation indexing is estimated to top $117 million, will still need to be covered by the members; and WHEREAS, the water rate increases to the households and businesses served by L&C’s members will not need to be as high if the ARP funding requests are approved; and WHEREAS, the members of L&C are prepared to cover the nonstate cost shares should the ARP funding requests be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  The City of Sioux Falls strongly supports the Lewis & Clark Regional Water System’s American Rescue Plan funding request to the State of South Dakota for $44.7 million and respectfully urges approval be granted. Date adopted: 10/18/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION IN SUPPORT OF THE AMERICAN RESCUE PLAN FUNDING REQUEST MADE BY THE LEWIS & CLARK REGIONAL WATER SYSTEM FOR ITS EXPANSION TO 60 MILLION GALLONS PER DAY. (State of Iowa) Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Resolution No. 124-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 124-21 A RESOLUTION IN SUPPORT OF THE AMERICAN RESCUE PLAN FUNDING REQUEST MADE BY THE LEWIS & CLARK REGIONAL WATER SYSTEM FOR ITS EXPANSION TO 60 MILLION GALLONS PER DAY. WHEREAS, the City of Sioux Falls is a member of the Lewis & Clark Regional Water System (L&C); and WHEREAS, the L&C “base system” is being constructed to deliver 44.19 million gallons a day (MGD), but the long-time plan has been to expand the system to 60 MGD; and WHEREAS, in mid-2020, discussions began on moving forward with the expansion, which culminated in all 20 members indicating an interest in late 2020 to participate in the 15.81 MGD expansion; and WHEREAS, the Expansion Commitment Agreement was sent to the members on August 4, 2021, with a January 3, 2022, deadline for approval and payment of a nonrefundable deposit; and WHEREAS, the City of Sioux Falls set a new water use record this summer and in several cases members exceeded their base system reserved capacities from L&C; and WHEREAS, the high water use as a result of the drought, stronger than expected growth, as well as the members’ expectations that the base system would have been completed about 15 years ago made it clear the importance of completing the expansion as soon as feasible; and  WHEREAS, completing the expansion as soon as feasible, which will take several years or more, is meant to address “current needs” upon completion and not “future growth”; and WHEREAS, the entire cost of the expansion is the responsibility of the members; and WHEREAS, it was thought a couple years ago the members would have more time to save money to help cover their respective share of the expansion cost; and WHEREAS, the realization that the expansion is needed sooner than originally thought means the members will need to pay for their share of the expansion sooner than originally thought; and WHEREAS, the cost of the expansion will directly impact through rates the households and businesses who purchase water from L&C’s members; and WHEREAS, those households and businesses in many cases are still feeling the adverse financial impacts of the pandemic; and WHEREAS, to help reduce the cost of the expansion and thereby keep the rate increases from being overly onerous, L&C is requesting American Rescue Plan (ARP) funding from South Dakota, Iowa, and Minnesota for the portions of the expansion infrastructure in the borders of those states that can be awarded by the end of 2024 and completed by the end of 2026; and WHEREAS, even if all three states approve L&C’s ARP funding requests, the vast majority of the expansion cost, which including inflation indexing is estimated to top $117 million, will still need to be covered by the members; and WHEREAS, the water rate increases to the households and businesses served by L&C’s members will not need to be as high if the ARP funding requests are approved; and WHEREAS, the members of L&C are prepared to cover the nonstate cost shares should the ARP funding requests be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls strongly supports the Lewis & Clark Regional Water System’s American Rescue Plan funding request to the state of Iowa for $12 million and respectfully urges approval be granted. Date adopted: 10/18/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION DISCONTINUING THE USE OF CERTAIN PROPERTY OF THE CITY AS ANY PARKING LOT OR AREA OR OFF-STREET PARKING FACILITY. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Resolution No. 125-21. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 125-21 A RESOLUTION DISCONTINUING THE USE OF CERTAIN PROPERTY OF THE CITY AS ANY PARKING LOT OR AREA OR OFF-STREET PARKING FACILITY. WHEREAS, the City owns the following real property: The West One-Third (W1/3) of Lots 11 and 12, Except the East 10 Feet Thereof, and All Lots 1 and 2, All in Block 10 of Gale’s Addition to Sioux Falls, Minnehaha County, South Dakota, According to the Recorded Plat Thereof hereinafter referred to as the “Property”; WHEREAS, pursuant to SDCL 9-51-51, the governing body of any municipality may discontinue or use for another purpose any parking lot or area or off-street parking facility heretofore or hereafter acquired upon resolution of the governing body provided no contract provision or bond covenant binding the City prohibits such discontinuance or diversion; WHEREAS, there is no contract provision or bond covenant binding the City that prohibits such discontinuance or diversion; WHEREAS, the City contemplates the surplus and sale of the Property, which is commonly referred to as 400 S. 1st Ave., Sioux Falls, SD; WHEREAS, any sale of the Property shall be in compliance with SDCL Chapter 6-13, and pursuant to Section 2.12(7) of the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City authorizes discontinuing the use of the following described property as any parking lot or area or off-street parking facility for purposes of: The West One-Third (W1/3) of Lots 11 and 12, Except the East 10 Feet Thereof, and All Lots 1 and 2, All in Block 10 of Gale’s Addition to Sioux Falls, Minnehaha County, South Dakota, According to the Recorded Plat Thereof Section 2. The Property shall be discontinued as being used as any parking lot or area or off-street parking facility, pursuant to SDCL Chapter 9-51, on or before the closing date of the sale of the Property.  Section 3. That the City shall publish this Resolution after its passage. Date adopted: 10/18/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS 48. MOTION TO DECLARE THE FOLLOWING PROPERTY TO BE SURPLUS PROPERTY THAT IS NO LONGER NECESSARY, USEFUL, OR SUITABLE FOR THE PURPOSE FOR WHICH IT WAS ACQUIRED: THE WEST ONE-THIRD (W1/3) OF LOTS 11 AND 12, EXCEPT THE EAST 10 FEET THEREOF, AND ALL LOTS 1 AND 2, ALL IN BLOCK 10 OF GALE'S ADDITION TO SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, ACCORDING TO THE RECORDED PLAT THEREOF. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Agenda Item 48. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT David Zoakites spoke about the City hiring law firms. Mike Zitterich spoke about finance reports and financial oversight. Chad Bishop spoke about the vaccine mandates and Covid-19 statistic reporting. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 7:37 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk