City Council Meeting

MINUTES Regular City Council Meeting Tuesday, December 7, 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 Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert (arr. via Telecom at 6:06 p.m.), Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: Council Member Janet Brekke, Council Member Pat Starr 2. INVOCATION  Tom Rooney, Director of Direct Line Prayer Center 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. 5 Yes: Erickson, Jensen, Kiley, Selberg, Soehl; 0 No: (None). Motion Passed. Neitzert was not present for the vote on this motion. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 16, 2021  City Council Meeting of Tuesday, November 16, 2021  Informational Meeting of Tuesday, November 23, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 3, 2021. 7. Notice of change orders on the memorandum dated December 3, 2021. 8. Approval of surplus property disposition on the memorandum dated November 30, 2021. 9. Approval of a request from Tom DeVaney to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. Sixth St., on January 22, 2022, for the following purpose: wedding reception. 10. Approval of a request from Kayla Hillberg and Luke Laycock to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. Sixth St., on March 11, 2022, and March 12, 2022, for a wedding rehearsal dinner and a wedding ceremony. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: November 10, 2021; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil; #1 Clear Diesel ($3.125) and #2 Clear Diesel ($2.8150); and CHS, Inc., Petroleum Traders, Harms Oil, Howes Oil, Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 12. Report of Requests for Quotes for Fuel dated: November 15, 2021; 6,750 gallons of #1 Dyed Diesel and 6,750 gallons of #2 Dyed Diesel; Cole’s Petroleum ($2.707 #1 Diesel & $2.439 #2 Diesel); Farstad Oil, Midway Service, Howes Oil, CHS, Olson Oil Inc., Harms Oil, and Stern Oil, all no bid. Bid awarded to Cole’s Petroleum. 13. Report of Requests for Quotes for Fuel dated: November 17, 2021: Unleaded (7,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.5894. 14. Report of Requests for Quotes for Fuel dated November 18, 2021; Dyed Diesel #1 (3,000 Gallons) and Dyed Diesel #2 (3,000 Gallons). Coles Petroleum (Dyed Diesel #1 $2.924 and Dyed Diesel #2 $2.575); Olson Oil, Howes Oil and Farstad Oil, all no bid. Bid awarded to: Coles Petroleum. 15. Report of Requests for Quotes for Fuel dated November 22, 2021; Dyed Diesel #1 (1,250 Gallons), Dyed Diesel #2 (1,250 Gallons), and Unleaded (5,500 Gallons). Coles Petroleum (Dyed Diesel #1 $2.815, Dyed Diesel # 2 $2.465 and Unleaded $2.635). CHS Oil, no bid. Bid awarded to: Coles Petroleum. 16. Report of Requests for Quotes for Fuel dated November 24, 2021; Dyed Diesel #1(1,250 Gallons), Dyed Diesel # 2 (1,250 Gallons), and Unleaded (5,500 Gallons); Coles Petroleum (Dyed Diesel #1 $2.805, Dyed Diesel # 2 $2.565 and Unleaded $2.7425); CHS Oil and Farstad Oil, both no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 17. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on December 11 and 18, 2021. 18. 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 D. NOTICE OF HEARINGS 19. Set a date of hearing for Tuesday, December 21, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Shively Development LLC, DH Pub Sports, 8605 West 26th Street (CUP not required). 20. Set a date of hearing for Tuesday, December 21, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Dragon’s Den Comics and Games LLC, Dragon’s Den Comics and Games, 7218 West 41st Street (CUP not required). 21. Set a date of hearing for Tuesday, December 21, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for SRS Inc., Club Connexions, 207 West 85th Street (CUP not required). 22. Set a date of hearing for Tuesday, December 21, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Club Connexions, 207 West 85th Street. 23. Set a date of hearing for Tuesday, December 21, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for SRS Inc., Diamond Connexions, 205 West 85th Street (CUP not required). 24. Set a date of hearing for Tuesday, December 21, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for SRS Inc., Diamond Connexions, 205 West 85th Street. 25. Set a date of hearing for Tuesday, December 21, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine/Cider License for Glamour Nails & Spa LLC, 4017 West 41st Street (CUP not required). 26. Set a date of hearing for Tuesday, December 21, 2021. New 2022 Package Liquor License for Patel Ventures LLC, India Bazaar, 3212 East 10th Street (CUP not required). 27. Set a date of hearing for Tuesday, December 21, 2021. New 2022 Package Liquor License for Aashna LLC, Hangover Liquor & Smoke Mart, 4703 East Arrowhead Parkway (CUP not required). 28. Set a date of hearing for Tuesday, December 21, 2021. New 2022 Package Liquor License for Aashna LLC, Hangover Liquor & Smoke Mart, 4703 East Arrowhead Parkway (CUP not required). 29. Set a date of hearing for Tuesday, December 21, 2021. Transfer of 2022 Package Liquor License from Neon Properties LLC, Neon Casino, 4101 East 10th Street, to KASH LLC, 1027 South Cleveland Avenue (CUP not required). 30. Set a date of hearing for Tuesday, December 21, 2021. Transfer of 2022 Package Liquor License from Williquors Inc., 3625 West Avera Drive, to Main & Main LLC, 4304 West Empire Place (CUP not required). 31. Set a date of hearing for Tuesday, December 21, 2021. New 2022 Package Liquor License for Williquors Inc., Williquors, 3625 West Avera Drive (CUP not required). REGULAR AGENDA 32. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve the Regular Agenda. Roll call vote to approve. 5 Yes: Erickson, Jensen, Kiley, Selberg, Soehl; 0 No: (None). Motion Passed. Neitzert was not present for the vote on this motion. UNFINISHED BUSINESS 33. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine License for Grevco Inc., Shop ‘N Cart Casino #2, 2707 East 6th Street. Pending finals per Building Services. 34. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License. 35. Transfer of 2022 Retail Liquor License, including video lottery terminals, from GSP Inc., Scarlett O’Hara’s, 3201 South Carolyn Avenue, to SC Dining Services LLC, Scarlett O’Hara’s, 3201 South Carolyn Avenue. 36. Transfer of 2022 Package Liquor License from Wang Enterprises Inc, King’s Liquor Mart, 3725 North Cliff Avenue, to AKSH LLC, 3725 North Cliff Avenue. 37. Special One-Day Liquor License for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for a wedding on December 11, 2021. 38. Special One-Day Liquor License for Tslat Inc., to be operated at The State Theatre, 316 South Phillips Avenue, for a private event on December 15, 2021. 39. 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 E. A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve Items 33 through 39. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend Item 34 by adding "for Grevco Inc., Shop 'N Cart Casino #2, 2707 East 6th Street" after the word "license".  Roll call vote to amend. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Ordinance No. 148-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 720 E. MAPLE ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 15134-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Galtell Properties LLC – Vincent Purtell A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 149-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 4501 W. 85TH ST. FROM THE LW LIVE- WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, AND RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICTS TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION DISTRICTS, NO. 15194-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Advanced Engineering & Environmental Services (AE2S) A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 150-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF MADISON ST. AND VETERANS PKWY. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 15196-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Advanced Engineering & Environmental Services (AE2S) A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 151-21. A motion was made by Council Member Jensen and seconded by Council Member Kiley to amend by striking "northeast" and inserting "northwest" in the title and body of the ordinance. Roll call vote to amend. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 7500 S. AUDIE AVE. FROM THE LW LIVE- WORK AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE LW LIVE-WORK AND CN CONSERVATION DISTRICTS, NO. 15251-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Schulte Real Estate LLC - Mike Schulte A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 152-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 100 S. GRANGE AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 15272-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Koch Hazard Architects – Keith Thompson A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 153-21. Roll call vote to adopt. 5 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Soehl was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM THE CITY. Private Applicant(s): Connelly Properties, LLC A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 154-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM THE CITY. Private Applicant(s): First Avenue Partners, LLC A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 155-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, GRANTING A NONEXCLUSIVE NATURAL GAS FRANCHISE TO MIDAMERICAN ENERGY COMPANY, AN IOWA CORPORATION, TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS. Recommendation: Set a date of 2nd Reading for Tuesday, December 14, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for Tuesday, December 14, 2021 for Item 48. Roll call vote to set a date of hearing. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE 15.81 MGD EXPANSION COMMITMENT AGREEMENT BY AND BETWEEN LEWIS & CLARK RURAL WATER SYSTEM, INC. AND THE CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, December 14, 2021. Sponsor: Mayor A motion was made by Council Member Kiley to set a date of hearing for Tuesday, December 14, 2021 for Item 49. Roll call vote to set a date of hearing. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Recommendation: Set a date of 2nd Reading for Tuesday, December 14, 2021. Sponsors: Council Members Jensen and Soehl A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of hearing for Tuesday, December 14, 2021 for Item 50. Roll call vote to set a date of hearing. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 51. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE GREATER SIOUX FALLS CHAMBER OF COMMERCE FOR THE MANAGEMENT OF THE SIOUX FALLS VISITOR INFORMATION CENTER AND VIEWING TOWER AT FALLS PARK. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 140-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 140-21 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE GREATER SIOUX FALLS CHAMBER OF COMMERCE FOR THE MANAGEMENT OF THE SIOUX FALLS VISITOR INFORMATION CENTER AND VIEWING TOWER AT FALLS PARK. WHEREAS, the City owns the Sioux Falls Visitor Information Center and Viewing Tower (Visitor Center) located at Falls Park; and WHEREAS, the Greater Sioux Falls Chamber of Commerce (the “Chamber”) is a South Dakota nonprofit corporation; and WHEREAS, the Sioux Falls Convention & Visitors Bureau (a.k.a. Experience Sioux Falls), hereinafter “CVB”, is a division of the Chamber; and WHEREAS, the Chamber and the City find that the CVB is best qualified to conduct the overall management and operation of the Visitor Tower located at Falls Park; and WHEREAS, the CVB desires to perform such services on the terms and conditions set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached hereto and made a part of this resolution entitled “Agreement for Visitor Center Management Services” between the City of Sioux Falls, South Dakota, and the Chamber is hereby approved. Section 2. The Mayor is authorized to sign the management agreement after it is ratified and executed by the Chamber. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 12/07/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 52. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015492-2021—PRAIRIE MEADOWS ADDITION. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 141-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 141-21 ANNEXATION 015492-2021—PRAIRIE MEADOWS ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. 41st St. and S. Ellis Rd. 4. There is sanitary sewer capacity within the infrastructure. Resolution 106-01 West Side Sanitary Sewer cost recovery will be owed at the time of platting. The 2021 rate is $2200.88/acre. All other platting fees will apply as well.  5. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory: Lot 1 of Block 1, Except North 25 Feet of the East 15 Feet Now Known As Lot H-2, Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Tract 1, Except Lot R-1 and Except Lot H-1, in the North 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Tracts 2 Through 11 in the North 1/2 of the Northwest 1/4, Except Lot R-1, in Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Tract 12, Except Lot R-1 and Except Lots H-1 and H-2, in the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Tract 12, Except Lot H-1, in the North 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Tracts 14 Through 23 and Tracts 25 Through 34 in the North 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The North 1/2 of Tract 24 in the North 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The South 1/2 of Tract 24 in the North 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Lot 20 of Block 1 in Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The West 300 Feet of Lot 10 of Block 2 in Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Lots 11, 12, and 14 of Block 2 in Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Lot 13 of Block 2, Except the South 66 Feet Street Right-of-Way, in Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND  Vacated Alley and Lot 15 of Block 2 in Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Lots 1 Through 12 in Block 1 and Lots 5 Through 12 in Block 2 of Blue Meadows Subdivision in the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The East 25 Feet of Lot 3 and All of Lot 4 in Block 2 of Blue Meadows Subdivision in the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The East 1/2 of Lot 2 and the West 75 Feet of Lot 3 in Block 2 of Blue Meadows Subdivision in the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Lot 1 and the West 1/2 of Lot 2 in Block 2 of Blue Meadows Subdivision in the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND Lot A of Tract 2 Murphy Tracts in the South 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The South 390.7 Feet of the West 528 Feet in the South 1/2 of the Northwest 1/4 of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND The entire portion of unincorporated S. Ellis Rd. from the existing city limits (approximately 390 feet south of the centerline of the intersection of S. Ellis Rd. and W. 41st St.) south to the petitioned annexation area (approximately 658 feet south of the centerline of the intersection of S. Ellis Rd. and W. 41st St.) in Section 34, Township 101 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota, adjacent to: West 1/2, Except H-1, of Lot 12 in Block 1 of Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; AND West 300 Feet of Lot 9 in Block 2 of Klein’s Subdivision of Section 34, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota; And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 12/07/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 53. A RESOLUTION AMENDING THE 2021-2025 CAPITAL PROGRAM TO ADD A NEW PROJECT, CORE FAÇADE REVITALIZATION, IN 2021. Sponsors: Council Members Soehl and Erickson  A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 142-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 142-21 A RESOLUTION AMENDING THE 2021-2025 CAPITAL PROGRAM TO ADD A NEW PROJECT, CORE FAÇADE REVITALIZATION, IN 2021. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2021–2025 Capital Program shall be amended as follows: Planning and Development Services Amend the Capital Improvements Program by adding a new project, Core Façade Revitalization, in 2021. The estimated cost is $120,000 and will not require an increase in appropriations. The new project will be funded with a transfer of unencumbered appropriations from Highways and Streets by cancelling five OCEP projects. 1117-Pump ($25,000), 1117-Trailer ($25,000), 1118-Hydraulic Hammer ($15,000), 1118-Server Storage ($25,000), and 1118-Utility Trailer ($30,000). Date adopted: 12/07/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 54. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 143-21. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 143-21 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLCIATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, South Dakota (“City”), has determined it is necessary to purchase a waste shredder to grind Construction and Demolition (“C&D”) debris and other bulky wastes at the Sioux Falls Regional Sanitary Landfill (“Landfill”); WHEREAS, said waste shredder will improve volume reduction of C&D debris and other bulky waste items, save airspace, and extend the life of the Landfill; WHEREAS, said waste shredder will also enable the City to sort and recover recyclable materials from waste loads, such as clean, untreated wood and metals, thereby increasing the efficiency and sustainability of the Landfill; WHEREAS, the City has determined that financial assistance is necessary to undertake the purchase and an application for financial assistance to the South Dakota Department of Agriculture and Natural Resources (“DANR”) Water and Waste Funding Program (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the submission of an application for financial assistance in an amount not to exceed $904,575 for purchase of said waste shredder. 2. That the City is hereby authorized to execute the application and submit it to the Board 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 are hereby designated as authorized representatives of the City to do all things on its behalf to certify and sign payment requests in the event of financial assistance is awarded for the purchase. Date adopted: 12/07/21 . 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) 55. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED November 24, 2021. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Michael Stangeland spoke about allocating funds for Covid vaccination shots. David Zokaites spoke about healing addiction. Sierra Broussard spoke about ownership of local bars; the Bishop Dudley house; and the number of police calls made to the Bishop Dudley house. Chad Bishop spoke about Covid vaccination mandates. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn the meeting at 7:40 p.m. Roll call vote to adjourn. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk