City Council Meeting

MINUTES City Council Meeting Tuesday, June 21, 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: Council Member Rich Merkouris 2. INVOCATION  Karen Schwebach, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Jensen and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 14, 2022  City Council Meeting of Tuesday, June 14, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 17, 2022. 7. Notice of change orders on the memorandum dated June 17, 2022. 8. Report of Requests for Quotes for Fuel dated: June 10, 2022; Unleaded Ethanol (8,500 Gallons); Vollan Oil ($4.2860); Cole’s Petroleum ($4.2773); Howes Oil and CHS, Inc., both no bid. Bid awarded to: Cole’s Petroleum. 9. Report of Requests for Quotes for Fuel dated: June 13, 2022; Diesel (7,500 Gallons); Vollan Oil ($4.4648) Harms Oil (5,500 gallons @ $4.5864 and 2,000 gallons @ $4.6727). Bid awarded to: Vollan Oil. 10. Approval of a request from Valerie Holmes to consume, but not sell, champagne at Mary Jo Arboretum, 1900 S Perry Pl, on June 26, 2022, for the following purpose: post- wedding brunch. APPLICATIONS 11. Special One-Day Liquor License for T Slat Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for a wedding on June 25, 2022. 12. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Levitt, 504 North Phillips Avenue, for concerts on June 23, 24, 25, 30, July 1, 2, 14, 15 and 16, 2022. 13. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Levitt, 504 North Phillips Avenue and extending north to 6th Street and west on Phillips Avenue, for concerts and an Innoskate event on July 7, 8 and 9, 2022. 14. Various Retail Malt Beverage renewals for 2022-2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit D. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, July 5, 2022. New 2022-23 Retail Malt Beverage License and New 2022 Retail Wine License for Mertens and Stoterau LLC, Rack City, 309 South Bahnson Avenue, with Conditional Use Permit (16422-2022) being approved on June 1, 2022. 16. Set a date of hearing for Tuesday, July 5, 2022. New 2022-23 Retail Malt Beverage License and New 2022 Retail Wine License for Holiday Stationstores LLC, Circle K, 1301 East 69th Street. 17. Set a date of hearing for Tuesday, July 5, 2022. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage License for Holiday Stationstores LLC, Circle K, 1301 East 69th Street. 18. Set a date of hearing for Tuesday, July 5, 2022. Transfer of 2021-22 Retail Malt Beverage License and 2022 Retail Wine License from Kathmandu Indian Cuisine, 5310 East Arrowhead Parkway, to Kathmandu Indian Cuisine LLC, 5310 East Arrowhead Parkway. 19. Set a date of hearing for Tuesday, July 5, 2022. Transfer of 2022 Package Liquor License and 2022-23 Retail Malt Beverage License, including video lottery terminals, from Davlon Inc., 400 North West Avenue, to MG Oil Company, Corner Pantry 32, 400 North West Avenue. 20. Set a date of hearing for Tuesday, July 5, 2022. Special One Day Malt Beverage License for SD Suds to be operated at Frontier Climbing and Fitness, 5045 Grant Street, for a festival on June 25, 2022. 21. Set a date of hearing for Tuesday, July 5, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at Avera Behavioral Health parking lot, 4400 West 69th Street, for Hearts in Healing event on July 14, 2022. 22. Set a date of hearing for Tuesday, July 5, 2022. Special One Day Liquor License for Downtown Sioux Falls Inc., to be operated at the Avera IT parking lot, Great Outdoor store parking lot, on 2nd Avenue between East 10th and East 11th and Fawick Park greenspace, for Riverfest on August 20, 2022. 23. Set a date of hearing for Tuesday, July 5, 2022. Special One-Day Liquor Licenses for KJT LLC, to be operated at The Social, 301 South Thompson Avenue, for weddings on August 7, September 3, 4, 10, 17, 23 and 24, 2022. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 25. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Black LLC, Escapades, 3313 South Western Avenue (CUP not required). Pending final inspections per Health and Building Services. A motion was made by Council Member Jensen and seconded by Council Member Soehl to withdraw Agenda Item 25. Roll call vote to withdraw. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 26. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 101 (CUP not required). Pending final inspections per Health and Building Services. 27. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 101. 28. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc, High Roller Casino II, 4101 West 57th Street, Suite 102 (CUP not required). Pending final inspections per Health and Building Services. 29. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 102. 30. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc, High Roller Casino II, 4101 West 57th Street, Suite 103 (CUP not required). Pending final inspections per Health and Building Services. 31. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 103. 32. New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc, High Roller Casino II, 4101 West 57th Street, Suite 104 (CUP not required). Pending final inspections per Health and Building Services. 33. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino Inc., High Roller Casino II, 4101 West 57th Street, Suite 104. 34. New 2022-23 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 31, 2505 West Russell Street (CUP not required; addition to existing license). 35. Request to add video lottery terminals with the New 2022-23 Retail Malt Beverage/SD Farm Wine License for MG Oil, Corner Pantry 31, 2505 West Russell Street. 36. Transfer of 2022 Retail Liquor License, including video lottery terminals, from SRS Inc., Poppadox Pub, 2808 South Minnesota Avenue, to Access Retail Group LLC, 2808 South Minnesota Avenue. Agenda Item 36 was amended. See Agenda Item 44 for action taken. 37. Transfer of 2022 Retail Liquor License, including video lottery terminals, from Smokehouse Partners Inc., Cody’s Smokehouse, 6401 South Louise Avenue, to KTC SF LLC, 6401 South Louise Avenue. Pending final inspections per Health. 38. Transfer of 2022 Retail Wine & Cider License and Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License from Martha Feye, Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue, to Genet Laeke & Roza Gsinassie, Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue. 39. Renewal of 2022-23 Retail Malt Beverage/SD Farm Wine License for Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue. 40. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Holy Spirit Church, 3601 East Dudley Lane, for a church event on July 9, 2022. 41. Special One-Day Liquor Licenses for Philanthropy Promotions Inc., to be operated at J&L Harley Davidson, 2601 West 60th Street North, for a fundraiser on July 15 & 16, 2022. 42. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at Great Plain Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a fundraiser on July 28, 2022. 43. Special One-Day Liquor License for Catholic Community Foundation for Eastern South Dakota to be operated at Avera IT, 212 East 11th Street, for a fundraiser on August 6, 2022. 44. Special One-Day Liquor Licenses for Great Bear Management Inc, 5901 East Rice Street, for weddings on July 29, 30, August 27, September 24, October 1, 8, 15 and November 5, 2022. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Agenda Items 26 through 44. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend Agenda Item 36 by striking "Entertainment" and inserting "Retail". Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. Private Applicant(s): Northern States Power Company A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 69-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR PARKS AND RECREATION. (Parks and Recreation - $137,000). Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 70-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 47. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CERTAIN PROPERTY AND TEXT WITHIN THE LAUREL RIDGE PLANNED DEVELOPMENT DISTRICT. (The County Planning Commission recommends approval (4-1) of rezoning the remaining portion of Lot B from A1 Agricultural to Subarea A of the Laurel Ridge Planned Development District and an exception to the hours of operations for New Year's to continue to 12:59 a.m.; The City Planning Commission recommends approval (4-0) of rezoning the remaining portion of Lot B from A1 Agricultural to Subarea A of the Laurel Ridge Planned Development District and an exception to the hours of operations for New Year's to continue to 1:00 a.m.) Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, June 28, 2022. Private Applicant(s): Tyler Childress A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, June 28, 2022 for Item 47. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION. Recommendation: Set a date of 2nd Reading for Tuesday, July 5, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1013 S. SHERMAN AVE. FROM THE RD-1 RESIDENTIAL—DUPLEX AND TWIN HOME DISTRICT TO THE RT-2, TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 16383-2022, 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, July 5, 2022. Private Applicant(s): John & Nancy Stratman A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 49. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. BITTERROOT ST. AND EAST OF S. TRIVOLI PL. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 16396-2022, 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, July 5, 2022. Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 50. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. NORTHVIEW AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 16399-2022, 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, July 5, 2022. Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc. - Pat Schwebach A motion was made by Council Member Soehl and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 51. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 52. 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 RA-3 APARTMENT RESIDENTIAL— HIGH DENSITY AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 16441- 2022, 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, July 5, 2022. Private Applicant(s): CR Lloyd Associates Inc. - Drew O’Brien  A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5001 E. MADISON ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 16436-2022, 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, July 5, 2022. Private Applicant(s): John Nordlie A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 53. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, July 5, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, July 5, 2022 for Item 54. Roll call vote to set a date of 2nd Reading. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 55. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT TWO TO GOLF FACILITIES MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPES GOLF MANAGEMENT, LLC. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 70-22. Roll call vote to adopt. 6 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen; 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. 70-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT TWO TO GOLF FACILITIES MANAGEMENT AGREEMENT BETWEEN THE CITY OF  SIOUX FALLS AND LANDSCAPES GOLF MANAGEMENT, LLC. WHEREAS, Landscapes Golf Management Company, LLC and the City of Sioux Falls, SD, are parties to a Golf Facilities Management Agreement dated January 19, 2018, as amended, and filed as City Agreement No. 17-0102 (the "Agreement"); and WHEREAS, the parties desire to enter into Amendment Two to incorporate the liquor license under the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this resolution entitled "Amendment Two to Golf Facilities Management Agreement between the City of Sioux Falls and LMC" is hereby approved. Section 2. The Mayor is authorized to sign the Amendment Two to Agreement after it is ratified and executed by LMC. 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: 06/21/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 56. A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 71-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 71-22 A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. WHEREAS, pursuant to SDCL Chapter 6-5, any political subdivision may convey and transfer any real property that is owned by which it is not held for public use or that is about to be abandoned for public purposes to a nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the nonprofit corporation to pay for the property; WHEREAS, the City owns the real property with the legal description of:  The North 200' of the South 500' of the East 200' of Tract 1 of County Auditor’s Subdivision of the SW1/4 of Section 17-T101N-R49W of the 5th P.M., Minnehaha County, South Dakota, except Lot H-1 contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the real property legally described as: The North 200' of the South 500' of the East 200' of Tract 1 of County Auditor’s Subdivision of the SW1/4 of Section 17-T101N- R49W of the 5th P.M., Minnehaha County, South Dakota, except Lot H-1 contained therein is not held for public use or is about to be abandoned for public purposes; It is further resolved that it is deemed advisable and to the best interest of the public to gratuitously convey without payment all or a portion of the above-described real property to the South Eastern Development Foundation, a South Dakota nonprofit corporation or another qualified South Dakota nonprofit corporation, subject to the condition that the real property be used for public, charitable, or humanitarian purposes and accommodation; It is further resolved that the City is hereby directed to convey and transfer all or a portion of the described herein real property to the South Eastern Development Foundation, consistent with the provisions of SDCL Chapters 6-5 and 6-13 and pursuant to Section 2.12(7) of the City Charter and approved Gift Agreement. Date adopted: 06/21/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 57. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED IN SIOUX FALLS, SD, FOR PUBLIC USE. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 72-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 72-22 A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED IN SIOUX FALLS, SD, FOR PUBLIC USE. WHEREAS, the City of Sioux Falls (the “City”) is authorized and proposes to undertake and carry out for public use a roadway construction project to construct South Veterans Parkway in southern Sioux Falls as the final segment of a limited- access corridor connecting Interstate 29 and Interstate 90. The project preserves the function and performance of the area’s future road system, and includes additional reconstruction of minor and principal arterial roadways perpendicular to the South Veterans Parkway corridor; and WHEREAS, in connection with the Project, it is necessary to acquire right-of-way from the landowners and parcels listed below; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right-of-way and construction, which may include control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2023; and WHEREAS, in connection with such acquisition, the City has obtained or will obtain independent real estate appraisals to determine fair market value, which appraisals have been or will be reviewed by an independent real estate appraiser; and WHEREAS, purchase offers at fair market value based on the appraisals and waive valuations have been made by the City of Sioux Falls for the right-of-way; and WHEREAS, the City of Sioux Falls has been unable to acquire, by voluntary purchase or agreement, the rights-of-way and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, it is deemed necessary and in the best interest of the City of Sioux Falls that the acquisition of the Project right-of-way proceed expeditiously; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property by condemnation for any purpose authorized by law when approved by a two-thirds majority vote; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That it is necessary to acquire the following right-of-way and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21- 35 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL § 31-19-23: Landowner: Sharon Deeb (Parcel 19-1) Property: The Southeast Quarter (SE¼), except Tract 1 of Tronson’s 2nd Addition in the Southeast Quarter (SE¼) and except that portion of the Southeast Quarter (SE¼) lying west of Tract 1 of Tronson’s 2nd Addition in the Southeast Quarter (SE¼), all in Section 21, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota, according to the recorded plat thereof. Right-of-Way: Lot H1 in the SE¼ except Tract 1 of Tronson’s 2nd Addition in the SE¼ and except that portion of the SE¼ lying west of Tract 1 of Tronson’s 2nd Addition in the SE¼, all in Section 21, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota, according to the plat, as shown in Attachment A.1. Lot H1 contains 297,281 sq. ft. (6.82 acres), more or less. The right of way includes control of access from Sta. 188+46 Rt. to Sta. 200+88 Rt. Temporary Easement: A parcel in the Southeast Quarter (SE¼) of Section 21, Township 100, Range 50, Lincoln County, South Dakota, except the West 830 Feet lying West of Tronson’s Second Addition contained therein, and except Tronson’s Second Addition contained therein, except Harrisburg Schools 2nd Addition contained therein, and except Tract 1, Deeb Addition of the Southeast Quarter (SE¼) contained therein, as shown in Attachment A.2. The parcel contains 26,054 sq. ft. (0.60 acres), more or less. Landowner: Paul J. Oppold (Parcel 21, 21X) Property: The North Half of the Southwest Quarter (N½ of the SW¼) of Section 22, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota, according to the recorded plat thereof. Right-of-Way: Lots H3, H4, H5, H6, and H7 in the N½ of the SW¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota, according to the plat, as shown in Attachment B.1. Lot H3 contains 524,375 sq. ft. (12.04 acres), more or less; Lot H4 contains 1,230 sq. ft. (0.03 acres), more or less; Lot H5 contains 1,162 sq. ft. (0.03 acres), more or less; Lot H6 contains 1,008 sq/ ft. (0.02 acres), more or less; and Lot H7 contains 748 sq. ft. (0.02 acres), more or less. The right of way includes controlled access from Sta. 202+60 Rt. to Sta. 230+40 Rt & Sta. 202+56 Lt. to Sta. 231+30 Lt. and Lot A in the N½ of the SW¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota, according to the plat, as shown in Attachment B.2. Lot A contains 1,817,366 sq. ft. (41.72 acres), more or less. Temporary Easement: A parcel in the North Half of the Southwest Quarter (N½ of the SW¼); except Lot H2 in the South Half of the Northwest Quarter (S½ of the NW¼) and the North Half of the Southwest Quarter (N½ of the SW¼) of Section 22, Township 100 North,  Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment B.3. The parcel contains 68,701 sq. ft. (1.70 acres), more or less. Landowner: Paul J. Oppold (Parcel 22) Property: The South Half of the Northwest Quarter (S½ of the NW¼) of Section 22, Township 100 North, Range 50 West of the 5th Principal Meridian in Lincoln County, South Dakota, according to the recorded plat thereof. Right-of-Way: Lot H3 in the S½ of the NW¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment C.1. Lot H3 contains 48,628 sq. ft. (1.12 acres) more or less. The right of way includes control of access from Sta. 226+30 Lt. to Sta. 231+30 Lt. Temporary Easement: A parcel in the South Half of the Northwest Quarter (S½ of the NW¼), except Lot H1 contained therein, and except Lot H2 in the S½ of the NW¼ and in the N½ of the SW¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment C.2. The parcel contains 18,995 sq. ft. (0.50 acre), more or less. Landowner: Paul J. Oppold (Parcels 3-3, 3-7) Property: The North Half of the Southwest Quarter (N½ of the SW¼) and The South Half of the Northwest Quarter (S½ of the NW¼) of Section 22, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota. Right-of-Way: N/A Temporary Easement: A parcel in the North Half of the Southwest Quarter (N½ of the SW¼); except Lot H2 in the South Half of the Northwest Quarter (S½ of the NW¼) and in the North Half of the Southwest Quarter (N½ of the SW¼) of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment D.1. The parcel contains 4,453 sq. ft. (0.10 acres), more or less. and  A parcel in the South Half of the Northwest Quarter (S½ NW¼), except Lot H1 and H2 contained therein of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment D.1. The parcel contains 487 sq ft (0.01 acres), more or less. Landowner: Oppold Holdings II, LLC (Parcel 24) Property: The North Half of the Southeast Quarter (N½ of the SE¼), except Oaks Tract, an addition in the Northeast Quarter of the Southeast Quarter (NE¼ of the SE¼), and except Lots H1 and H2, contained therein, all in Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof. Right of Way: Lot H3 in the N½ of the SE¼; except Oaks Tract, an addition in the NE¼ of the SE¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the plat, as shown in Attachment E.1. Lot H3 contains 30 sq. ft., more or less. The right of way includes control of access from Sta. 230+45 Rt. to Sta. 230+59 Rt. Temporary Easement: A parcel in the North Half of the Southeast Quarter (N½ of the SE¼); except Oaks Tract an addition in the Northeast Quarter of the Southeast Quarter (NE¼ of the SE¼), and except Lot H1 & H2, contained therein of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment E.2. The parcel contains 1,108 sq. ft. (0.10 acres), more or less. Landowner: Oppold Holdings II, LLC (Parcel 3-4) Property: The South Half of the Southwest Quarter (S½ of the SW¼) of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota. Right of Way: Lot H1 in the S½ of the SW¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the plat, as shown in Attachment F.1. Lot H1 contains 22,801 sq. ft. (0.52 acres), more or less. and  Lot H2 in the S½ of the SW¼ of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the plat, as shown in Attachment F.2. Lot H2 contains 52,546 sq. ft. (1.21 acres), more or less. Temporary Easement: A parcel in the South Half of the Southwest Quarter (S½ of the SW¼) of Section 22, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, as shown in Attachment F.3. The parcel contains 25,842 sq. ft. (0.60 acres), more or less. Landowner: M.G. Oil Company (Parcel 25-1) Property: Lot Four (4), Block Two (2) of Minnesota Crossing Addition to the City of Sioux Falls, Lincoln County, South Dakota, according to the recorded plat thereof. Right of Way: Control of access from Sta. 261+90 Lt. to Sta. 264+02 Lt. in Lot Four (4), Block Two (2) of Minnesota Crossing Addition to the City of Sioux Falls, Lincoln County, South Dakota, according to the recorded plat thereof, as shown in Attachment G.1. Landowner: Akerson Properties, LLC (Parcel 25) Property: Tract 2A Akerson’s Addition in the Northwest Quarter (NW¼) of Section 23, Township 100 North, Range 50 West of the 5th P.M. in Lincoln County, South Dakota, according to the recorded plat thereof. Right of way: Lots H1 and H2 in Tract 2A Akerson’s Addition in the NW¼ of Section 23, Township 100 North, Range 50 West of the 5th P.M., in Lincoln County, South Dakota, according to the plat, as shown in Attachment H.1. Lot H1 contains 421,646 sq. ft. (9.68 acres) more or less, and Lot H2 contains 2,482 sq. ft. (0.06 acres), more or less. The right of way includes control of access from Sta. 260+84 Rt. to Sta. 280+09 Rt. Temporary Easement: A parcel in Tract 2A Akerson’s Addition in the Northwest Quarter (NW¼) of Section 23, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, as shown in Attachment H.2. The parcel contains 49,626 sq. ft. (1.30 acres), more or less.  Section 2. That the City shall publish this Resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 06/21/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 58. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 73-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 73-22 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Marshall Selberg Accessible Housing Advisory Appointed for a term from July Board 2022 until a replacement is appointed and approved by City Council. John Taylor Airport Authority Board Appointed for a term from July 2022 to July 2027 (to replace David Nelson). Pat Starr Board of Museum Trustees Appointed for a term from July 2022 until a replacement is appointed and approved by City Council. Cathleen Zepeda Disability Awareness and Reappointed for a term from July Accessibility Review Board 2022 to July 2025.  Dick Dempster Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2023. Reggie Kuipers Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2024. Kristi Metzger Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2024. Jamie Nold Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2025. Tony Nour Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2024. Orlen Tschetter Events Center Complex Appointed for a term from July Advisory Board 2022 to July 2025. Sarah Cole Experience Sioux Falls BID Appointed for a term from July Board 2022 until a replacement is appointed and approved by City Council. Pat Starr Multi-Cultural Center Board Appointed for a term from July 2022 until a replacement is appointed and approved by City Council. Date adopted: 06/21/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about a meeting with Engineering Staff. David Zokaites spoke about digital billboard safety and commonplace bribery. Sierra Broussard spoke about the Pettigrew Neighborhood Association.  Bob Kolbe spoke about Pride Month. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn at 7:02 p.m. Voice vote to adjourn. 7 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk