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City Council Meeting

Regular Meeting

Sioux Falls, SD · February 8, 2022

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Minutes

MINUTES Regular City Council Meeting Tuesday, February 8, 2022 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 Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (via telecom), Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: None Mayor Paul TenHaken recognized Cub Scout Troop 208, East Side Lutheran Church, who were in the audience. 2. INVOCATION  The Rev. Dr. Christina O'Hara, Rector, Church of the Good Shepherd 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Monday, January 31, 2022  City Council Meeting of Tuesday, January 31, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 4, 2022. 7. Notice of change orders on the memorandum dated February 4, 2022. 8. Approval of a request from Coleman Drake and Pearl Nielsen to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. Sixth St., on June 17- 18, 2022, for the following purpose: rehearsal dinner and wedding reception. 9. Report of Requests for Quotes for Fuel dated January 26, 2022; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Coles Petroleum (Dyed Diesel #1 $2.927 and Dyed Diesel #2 $2.6686); Harms Oil (Dyed Diesel #1 $2.949 and Dyed Diesel #2 $2.7018); Parkland Oil, Howes Oil, and CHS Oil, all no bid. Bid awarded to: Coles Petroleum. 10. Report of Requests for Quotes for Fuel dated: January 28, 2022: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.733. 11. Report of Requests for Quotes for Fuel dated February 1, 2022; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Coles Petroleum (Dyed Diesel #1 $2.989 and Dyed Diesel #2 $2.7286); Vollan Oil (Dyed Diesel #1 $2.8675 and Dyed Diesel #2 $2.8675); Harms Oil (Dyed Diesel #1 $3.0103 and Dyed Diesel #2 $2.7536); Howes Oil (Dyed Diesel #1 $2.9875 and Dyed Diesel #2 $2.722); Parkland Oil, and CHS, both no bid. Bid awarded to: Howes Oil. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Sioux Falls School District, 525 N. French Ave., Parcel #29796, for 2021 property taxes in the amount of $1,570.47. Reason: The property is exempt from the tax. 13. Sioux Falls School District, 518 N. Fairfax Ave., Parcel #29802, for 2021 property taxes in the amount of $1,028.51. Reason: The property is exempt from the tax. 14. Parcel #61900, for 2020 property taxes in the amount of $513.27. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #61900, for 2021 property taxes in the amount of $1,623.02. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Sandra Kracke, 520 N. St. Paul Ave., Parcel #46300, for 2021 property taxes in the amount of $213.40. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA 17. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: ARENA/CONVENTION/ENTERTAINMENT BOARD. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Jensen to adopt Ordinance No. 19-22. Roll call vote to adopt. 7 Yes: Starr, Brekke, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Erickson was not present for the vote on this motion. 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING CORRECTED PERMANENT EASEMENTS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 20-22. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Recommendation: Set a date of 2nd Reading for Tuesday, February 15, 2022. Sponsors: Council Members Soehl and Starr A motion was made by Council Member Soehl and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, February 15, 2022 for Item 20. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 21. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 015390- 2021—LEPETOMANE ADDITION Private Applicant(s): Ryan Welke, ISG A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 7-22. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 7-22 ANNEXATION 015390-2021—LEPETOMANE ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. 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; WHEREAS, there has been an analysis completed in regard to 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 from Wireless to N. Marion Rd. 4. Sanitary sewer will need to be extended from the existing main in N. Marion Rd. and Wireless. 5. City water is available within Marion Rd. 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, and the boundary of the city is hereby extended to include such territory: N1/2 SE1/4 (ex H-1, H2, H3, & H4) Section 26, Township 102 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: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015813-2021—RUNGE ADDITION Private Applicant(s): Sioux Falls Development Foundation A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 8-22. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 8-22 ANNEXATION 015813-2021—RUNGE 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; WHEREAS, there has been an analysis completed in regard to 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 E. 60th St. N. 4. Sanitary sewer will need to be extended from the existing main. 5. Developer will be required to extend City water for service in this development. 6. Sanitary sewer cost recovery may apply depending on which way the sanitary sewer connection flows. 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, and the boundary of the city is hereby extended to include such territory: Lot A of Tract 4 Runge’s Addition in the NW1/4 of Section 35, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD 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: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 23. A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN THAT PART OF VACATED W. 20TH ST. LYING ADJACENT TO TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND THAT PART OF VACATED S. LAKE AVE. LYING ADJACENT TO TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND ADJACENT TO LOTS 9 THRU 13, L.E. GAGE’S SUBDIVISION OF BLOCK 14 OF HAYWARD’S ADDITION TO THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AND ADJACENT TO TRACT 1 OF SIOUX VALLEY HOSPITAL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Sanford Health A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 9-22. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 9-22 A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN THAT PART OF VACATED W. 20TH ST. LYING ADJACENT TO TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND THAT PART OF VACATED S. LAKE AVE. LYING ADJACENT TO TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND ADJACENT TO LOTS 9 THRU 13, L.E. GAGE’S SUBDIVISION OF BLOCK 14 OF HAYWARD’S ADDITION TO THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AND ADJACENT TO TRACT 1 OF SIOUX VALLEY HOSPITAL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, South Dakota, no longer needs the permanent easement areas across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent public utility easements in, over, and upon vacated W. 20th St. lying adjacent to Tract 1 of Sanford Medical Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota, AND that part of vacated S. Lake Ave. lying adjacent to Tract 1 of Sanford Medical Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota, AND adjacent to Lots 9 thru 13, L.E. Gage’s Subdivision of Block 14 of Hayward’s Addition to the City of Sioux Falls, South Dakota, AND adjacent to Tract 1 of Sioux Valley Hospital Addition to the City of Sioux Falls, Minnehaha County, South Dakota, were identified by plat in Book 69 of Plats on page 46 in the office of the Register of Deeds for Minnehaha County, South Dakota, on March 23, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement areas, as shown on attached Exhibit A, and affecting the real property described as that part of vacated W. 20th St. lying adjacent to Tract 1 of Sanford Medical Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota, AND that part of vacated S. Lake Ave. lying adjacent to Tract 1 of Sanford Medical Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota, AND adjacent to Lots 9 thru 13, L.E. Gage’s Subdivision of Block 14 of Hayward’s Addition to the City of Sioux Falls, South Dakota, AND adjacent to Tract 1 of Sioux Valley Hospital Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT IN THAT PART OF THE VACATED DE SOTO AVENUE RIGHT-OF-WAY LYING WITHIN BLOCK 63 AND BLOCK 64 OF CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF GRANT STREET AND ON THE SOUTH BY THE NORTH BOUNDARY LINE OF BLOCK 65 OF SAID CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, AND THE ABANDONED ILLINOIS CENTRAL RAILROAD RIGHT-OF-WAY (UNPLATTED) IN THE SW1/4 OF SECTION 13, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH PM, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON THE EXHIBIT. Private Applicant(s): Willadsen Lund Engineering A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 10-22. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 10-22 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT IN THAT PART OF THE VACATED DE SOTO AVENUE RIGHT-OF-WAY LYING WITHIN BLOCK 63 AND BLOCK 64 OF CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF GRANT STREET AND ON THE SOUTH BY THE NORTH BOUNDARY LINE OF BLOCK 65 OF SAID CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, AND THE ABANDONED ILLINOIS CENTRAL RAILROAD RIGHT-OF-WAY (UNPLATTED) IN THE SW1/4 OF SECTION 13, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH PM, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON THE EXHIBIT. WHEREAS, the City of Sioux Falls, SD, no longer needs a permanent easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; WHEREAS, the permanent utility easement was established by Resolution 122-15 and filed in Book 280 of Miscellaneous on page 925 in the office of the Register of Deeds for Minnehaha County, SD, on January 5, 2016; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent easement area, as shown on attached Exhibit A, and affecting the real property described as that part of the vacated De Soto Avenue right-of-way lying within Block 63 and Block 64 of Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota, bounded on the north by the south right-of-way line of Grant Street and on the south by the north boundary line of Block 65 of said Capitol Hill Addition to the City of Sioux Falls, and the abandoned Illinois Central Railroad right-of-way (unplatted) in the SW1/4 of Section 13, Township 101 North, Range 49 West of the 5th PM, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 25. A RESOLUTION OF SUPPORT FOR THE CREATION OF THE 2035 DOWNTOWN PLAN. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 11-22. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 11-22 A RESOLUTION OF SUPPORT FOR THE CREATION OF THE 2035 DOWNTOWN PLAN. WHEREAS, the creation of the 2035 Downtown Plan is to accomplish the following: 1. To create a vision that will stimulate the development of a vibrant downtown, which will feature a variety of amenities that will lead to a safe, prosperous, culturally diverse, and attractive downtown; and 2. To develop a plan designed to guide community leaders in implementation of this vision. WHEREAS, the process will include community-wide public meetings, additional opportunities to seek citizen input at public events and other locations the public may frequent, and utilizing professional services to establish a vision for the desired future of downtown Sioux Falls and a plan designed to implement the vision; and WHEREAS, a citizen advisory committee will be utilized to consider, at a minimum, parks, public parking, economic development, land use, streets, infrastructure, traffic, design, transit, housing, public safety, historic preservation, arts, and entertainment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That City Council supports the creation of the 2035 Downtown Plan and that the 2035 Downtown Plan Citizen Advisory Committee is hereby established and will include the following individuals: Ann Nachtigal Chris Daugaard Del’Inkka Beaudion Kevin Tupy Apolonia Davalos Curt Soehl Erik Nyberg Natalie Eisenberg Arthur McCray Dan Statema Ivy Oland Dandar Penny Klinedinst Brienne Maner Darrin Smith Joe Batcheller Riccardo Tarabelsi Date adopted: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 26. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF THE GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPES GOLF MANAGEMENT, LLC F/K/A LANDSCAPES MANAGEMENT COMPANY, LLC. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 12-22. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Selberg, Soehl; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 12-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF THE GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPES GOLF MANAGEMENT, LLC F/K/A LANDSCAPES MANAGEMENT COMPANY, LLC. WHEREAS, the City of Sioux Falls (the “City”) is the owner of Elmwood Golf Course, located at 2604 W. Russell St., Sioux Falls, SD 57104, Kuehn Park Golf Course, located at 2901 S. Kuehn Park Rd., Sioux Falls, SD 57106, and Prairie Green Golf Course, located at 600 E. 69th St., Sioux Falls, SD 57108, collectively referred to in this Resolution as the “Golf Facilities,” and WHEREAS, Landscapes Golf Management, LLC f/k/a Landscapes Management Company, LLC, a Nebraska limited liability company (“LGM” or “Manager”) is engaged, among other things, in the business of providing management services, including operations and marketing services for the Golf Facilities; and WHEREAS, the Manager is best qualified to manage the operation of the Golf Facilities on the terms and conditions set forth in the Golf Facilities Management Agreement, as amended; and WHEREAS, the Manager and the City find that it is in both parties’ best interest that a five-year extension of agreement be now executed and subsequently entered into; 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 “Option to Extend the Golf Facilities Management Agreement, as amended,” being a five-year extension of agreement for the Manager to continue to manage the Golf Facilities, is hereby approved. Section 2. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Manager. 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: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 27. A RESOLUTION SUPPORTING HOUSE BILL 1291, AN ACT TO CLASSIFY 911 TELECOMMUNICATORS AS CLASS B MEMBERS OF THE SOUTH DAKOTA RETIREMENT SYSTEM. Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 13-22. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend by striking "HOUSE BILL 1291, AN ACT TO CLASSIFY" and inserting "CLASSIFICATION OF" in the Title; AND, by substituting the last paragraph with "That the Sioux Falls City Council strongly encourages the South Dakota Retirement Board of Trustees and the South Dakota Legislature to support the classification of 911 telecommunicators as Class B members of the South Dakota Retirement System." Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 13-22 A RESOLUTION SUPPORTING THE CLASSIFICATION OF 911 TELECOMMUNICATORS AS CLASS B MEMBERS OF THE SOUTH DAKOTA RETIREMENT SYSTEM. WHEREAS, a 911 telecommunicator is defined in SDCL 34-45-22 as any employee of the state, or any political subdivision thereof, whose primary full-time or part-time duties are receiving, processing, and transmitting public safety information received through a 911 emergency reporting system as defined in SDCL 34-45-1; and WHEREAS, the City of Sioux Falls (the “City”) and Minnehaha County are served by the Metro Communications Agency whose telecommunicators handled more than 105,000 emergency 911 calls in 2021; and WHEREAS, the daily duties of a telecommunicator can be demanding, stressful, and emotionally exhausting; and WHEREAS, low unemployment and labor challenges compel new strategies to retain these dedicated public servants; and WHEREAS, the City finds it desireable to classify 911 telecommunicators as Class B members of the South Dakota Retirement System; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Sioux Falls City Council strongly encourages the South Dakota Retirement System Board of Trustees and the South Dakota Legislature to support the classification of 911 telecommunicators as Class B members of the South Dakota Retirement System. Date adopted: 02/08/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 28. A RESOLUTION VACATING WEST GLACIER BAY TRAIL FROM THE EAST RIGHT- OF-WAY LINE OF WEST YUKON TRAIL TO THE WEST PROPERTY LINE OF LOT 15 IN BLOCK 11 OF HAZELTINE ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, March 8, 2022. Private Applicant(s): Hazeltine Partners LLP A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for Tuesday, March 8, 2022 for Item 28. Roll call vote to set a date of hearing. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about Grant Street and zoning requirements. Sierra Broussard spoke about Grant Street and organizing a neighborhood meeting to discuss issues. Dennis Haugan praised the City Council for the work that they do. Mike Zitterich spoke about creating a vision for the West Sioux neighborhood. David Zokaites spoke about a series of problems he has had with the police over the past seven years. Diane Deyoung questioned why they aren't getting answers regarding Grant Street. Sara Duhl spoke about concerns with Avera and Sanford hospitals. Chad Bishop asked the City to enhance their COVID-19 Outreach Campaign. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Kiley to adjourn at 7:13 p.m. Voice vote to adjourn. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA Regular City Council Meeting Tuesday, February 8, 2022 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 Pat Starr Council Member Janet Brekke Council Member Christine M. Erickson Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Mayor Paul TenHaken 2. INVOCATION  The Rev. Dr. Christina O'Hara, Rector, Church of the Good Shepherd 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Monday, January 31, 2022  City Council Meeting of Tuesday, January 31, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 4, 2022. 7. Notice of change orders on the memorandum dated February 4, 2022. 8. Approval of a request from Coleman Drake and Pearl Nielsen to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. Sixth St., on June 17- 18, 2022, for the following purpose: rehearsal dinner and wedding reception. 9. Report of Requests for Quotes for Fuel dated January 26, 2022; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Coles Petroleum (Dyed Diesel #1 $2.927 and Dyed Diesel #2 $2.6686); Harms Oil (Dyed Diesel #1 $2.949 and Dyed Diesel #2 $2.7018); Parkland Oil, Howes Oil, and CHS Oil, all no bid. Bid awarded to: Coles Petroleum. 10. Report of Requests for Quotes for Fuel dated: January 28, 2022: Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.733. 11. Report of Requests for Quotes for Fuel dated February 1, 2022; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Coles Petroleum (Dyed Diesel #1 $2.989 and Dyed Diesel #2 $2.7286); Vollan Oil (Dyed Diesel #1 $2.8675 and Dyed Diesel #2 $2.8675); Harms Oil (Dyed Diesel #1 $3.0103 and Dyed Diesel #2 $2.7536); Howes Oil (Dyed Diesel #1 $2.9875 and Dyed Diesel #2 $2.722); Parkland Oil, and CHS, both no bid. Bid awarded to: Howes Oil. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Sioux Falls School District, 525 N. French Ave., Parcel #29796, for 2021 property taxes in the amount of $1,570.47. Reason: The property is exempt from the tax. 13. Sioux Falls School District, 518 N. Fairfax Ave., Parcel #29802, for 2021 property taxes in the amount of $1,028.51. Reason: The property is exempt from the tax. 14. Parcel #61900, for 2020 property taxes in the amount of $513.27. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #61900, for 2021 property taxes in the amount of $1,623.02. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Sandra Kracke, 520 N. St. Paul Ave., Parcel #46300, for 2021 property taxes in the amount of $213.40. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA 17. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: ARENA/CONVENTION/ENTERTAINMENT BOARD. Sponsor: Mayor 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING CORRECTED PERMANENT EASEMENTS. Sponsor: Mayor ORDINANCE FIRST READINGS 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Recommendation: Set a date of 2nd Reading for Tuesday, February 15, 2022. Sponsors: Council Members Soehl and Starr HEARINGS AND RESOLUTIONS 21. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 015390- 2021—LEPETOMANE ADDITION Private Applicant(s): Ryan Welke, ISG 22. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015813-2021—RUNGE ADDITION Private Applicant(s): Sioux Falls Development Foundation 23. A RESOLUTION APPROVING THE RELEASE OF PERMANENT EASEMENTS LOCATED IN THAT PART OF VACATED W. 20TH ST. LYING ADJACENT TO TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND THAT PART OF VACATED S. LAKE AVE. LYING ADJACENT TO TRACT 1 OF SANFORD MEDICAL CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND ADJACENT TO LOTS 9 THRU 13, L.E. GAGE’S SUBDIVISION OF BLOCK 14 OF HAYWARD’S ADDITION TO THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AND ADJACENT TO TRACT 1 OF SIOUX VALLEY HOSPITAL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Sanford Health 24. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT IN THAT PART OF THE VACATED DE SOTO AVENUE RIGHT-OF-WAY LYING WITHIN BLOCK 63 AND BLOCK 64 OF CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF GRANT STREET AND ON THE SOUTH BY THE NORTH BOUNDARY LINE OF BLOCK 65 OF SAID CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, AND THE ABANDONED ILLINOIS CENTRAL RAILROAD RIGHT-OF-WAY (UNPLATTED) IN THE SW1/4 OF SECTION 13, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH PM, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON THE EXHIBIT. Private Applicant(s): Willadsen Lund Engineering 25. A RESOLUTION OF SUPPORT FOR THE CREATION OF THE 2035 DOWNTOWN PLAN. Sponsor: Mayor 26. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN EXTENSION OF THE GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPES GOLF MANAGEMENT, LLC F/K/A LANDSCAPES MANAGEMENT COMPANY, LLC. Sponsor: Mayor 27. A RESOLUTION SUPPORTING HOUSE BILL 1291, AN ACT TO CLASSIFY 911 TELECOMMUNICATORS AS CLASS B MEMBERS OF THE SOUTH DAKOTA RETIREMENT SYSTEM. Sponsors: Council Members Kiley and Erickson NOTICE OF HEARINGS FOR STREET VACATIONS 28. A RESOLUTION VACATING WEST GLACIER BAY TRAIL FROM THE EAST RIGHT- OF-WAY LINE OF WEST YUKON TRAIL TO THE WEST PROPERTY LINE OF LOT 15 IN BLOCK 11 OF HAZELTINE ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, March 8, 2022. Private Applicant(s): Hazeltine Partners LLP 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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