City Council Meeting

MINUTES City Council Meeting Tuesday, July 19, 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 David Barranco, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: Council Member Alex Jensen, Council Member Greg Neitzert 2. INVOCATION  Bishop Constanze Hagmaier, South Dakota Synod of the Evangelical Lutheran Church in America 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 Soehl to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 12, 2022  City Council Meeting of Tuesday, July 12, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 15, 2022. 7. Report of Requests for Quotes for Fuel dated: July 7, 2022; Unleaded Ethanol (2,000 Gallons) & Dyed Diesel #2 (5,500 Gallons); Cole’s Petroleum ($3.5525 Unleaded & No Bid Diesel); Vollan Oil ($3.6898 Unleaded & $4.4698 Diesel). Harms Oil, Howes Oil, and CHS, Inc., all no bid. Bid awarded to: Cole’s Petroleum (Unleaded) and Vollan Oil (Diesel). 8. Report of Requests for Quotes for Fuel: dated July 11, 2022; Unleaded (6,500 Gallons). Vollan Oil ($3.6808), Cole’s Petroleum ($3.7198); Howes Oil and CHS, Inc., both no bid. Bid awarded to: Vollan Oil. APPLICATIONS 9. Renewal of 2022-23 Retail Malt Beverage License for AR Workshop, 2101 West 41st Street. 10. Renewal of 2022-23 Retail Malt Beverage License for Thalia Bar, 7000 South Lyncrest Place. 11. Renewal of 2022-23 Retail Malt Beverage License for SD Hookah Lounge, 301 South Garfield Avenue, Suite 8. 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at the Orpheum Theater, 315 North Phillips Avenue, for special events on July 20 and 30, 2022. 13. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Levitt at the Falls, 504 North Phillips Avenue, for concerts on August 11, 12, 13 18, 19, and 20, 2022. 14. Special One-Day Liquor License for T Slat Inc., to be operated at Mary Jo Wegner Arboretum, 1900 South Perry Place, for a wedding reception on August 20, 2022. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, August 2, 2022. New 2022-23 Retail Malt Beverage License for Bauer Enterprises LLC, Sinclair, 5108 North Cliff Avenue, with Conditional Use Permit (16194-2022) being approved on May 5, 2022. 16. Set a date of hearing for Tuesday, August 2, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Bauer Enterprises LLC, Sinclair, 5108 North Cliff Avenue, with Conditional Use Permit (16194-2022) being approved on May 5, 2022. 17. Set a date of hearing for Tuesday, August 2, 2022. Transfer of Retail Liquor License from Pancakes & More LLC, 2715 West 41st Street, to The Heist LLC, 605 East 8th Street (CUP not required). 18. Set a date of hearing for Tuesday, August 2, 2022. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at Howard Wood Field, 1200 North Western Avenue, for the Sioux Falls Marathon on August 28, 2022. 19. Set a date of hearing for Tuesday, August 2, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at Raven Industries parking lot, 205 East 6th Street, for a 605 Made Market on August 27, 2022. 20. Set a date of hearing for Tuesday, August 9, 2022. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 21. Set a date of hearing for Tuesday, August 9, 2022. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 22. Set a date of hearing for Tuesday, August 9, 2022. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 23. Set a date of hearing for Tuesday, August 9, 2022. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 24. Set a date of hearing for Tuesday, August 9, 2022. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor REGULAR AGENDA 25. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 26. New 2022 Restaurant On-Sale Liquor License for Plaza Azteca Sioux Falls Inc., Plaza Azteca Mexican Restaurant, 3500 West 69th Street (CUP not required). Pending final inspections per Health and Building Services. 27. New 2022 Retail Wine License for Covert Artisan Ales LLC, 434 East 8th Street. 28. New 2022 Retail Wine License and 2022-23 Malt Beverage License for Vitamin Cottage Natural Food Markets Inc., 2601 South Louise Ave, Suite 300 (CUP not required). Pending final inspections per Health and Building Services. 29. New 2022-23 Retail Malt Beverage License for Bast LLC, 101 South Phillips Avenue, Suite 101 (CUP not required). 30. New 2022 Retail Liquor License for Landscapes Management Company LLC, Prairie Green Golf Course, 600 East 69th Street (CUP not required). 31. New 2022 Retail Liquor License for Landscapes Management Company LLC, Elmwood Golf Course, 2604 West Russell Street (CUP not required). 32. Special One-Day Liquor License for T Slat Inc., to be operated at 480 East 69th Street, for a wedding reception on August 6, 2022. 33. Special One-Day Liquor License for Pave LLC to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for a concert on August 27, 2022. A motion was made by Council Member Selberg and seconded by Council Member Cole to approve Agenda Items 26 through 33. Roll call vote to approve. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: ORDINANCES, RESOLUTIONS, MOTIONS AND OTHER DOCUMENTS REQUIRING COUNCIL APPROVAL BY REQUIRING AN ANNOTATED AGENDA. (This item was referred to the Operations Committee at the Council Meeting of April 13, 2022 with instructions to report to the Council no later than the Council Meeting of July 19, 2022). Sponsors: Council Members Brekke and Starr A motion was made by Council Member Soehl and seconded by Council Member Starr to defer Agenda Item 34 to the meeting of Tuesday, August 2, 2022. Roll call vote to defer. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 35. 1st Reading: AN ORDINANCE REVISING § 124.012 OF CITY CODE THAT PROVIDES FOR SIOUX AREA METRO TRANSIT FARES. Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Sponsor: Mayor  A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 35. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5500 E. 18TH ST. FROM THE LW LIVE/WORK AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND C-3 COMMERCIAL— COMMUNITY DISTRICTS, NO. 16590-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Private Applicant(s): CR Lloyd Associates Inc. – Luke Wietgrefe A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 36. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT VARIOUS LOCATIONS GENERALLY LOCATED SOUTH OF WEST 41ST STREET, EAST OF S. ELLIS ROAD, NORTH OF WEST VISTA PARK STREET, AND WEST OF FUTURE SOUTH GRINNELL AVENUE FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL AND AG AGRICULTURE TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND CN CONSERVATION DISTRICTS, NO. 16612-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 37. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1419 N. GARFIELD AVE. FROM THE RD-1 RESIDENTIAL—DUPLEX AND TWIN HOME DISTRICT TO THE O OFFICE DISTRICT, NO. 16630-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Private Applicant(s): Lloyd Companies on behalf of Grant Washnok - Scott Blount A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 38.  Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF S. DUBUQUE AVE.FROM THE LW LIVE/WORK DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 16632-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Private Applicant(s): Signature Companies LLC - Clint Ackerman A motion was made by Council Member Barranco and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 39. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY AND WEST OF SIX MILE RD. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE O OFFICE AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 16648-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Private Applicant(s): Signature Companies LLC - Clint Ackerman A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 40. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF I-90 & EAST OF N. CLIFF AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 16653- 2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Private Applicant(s): Van Buskirk Companies – Steve Van Buskirk A motion was made by Council Member Cole and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 41. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 12TH ST. AND WEST OF S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE O OFFICE DISTRICT, NO. 16663-2022,  AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Private Applicant(s): Allen Homes Inc. - Douglas Allen A motion was made by Council Member Selberg and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 42. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 153: ANNEXATION POLICIES. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Cole to defer Agenda Item 43 to the meeting of Tuesday, August 2, 2022. Roll call vote to defer. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS, SUBCHAPTER CONCEPT PLAN. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to defer Agenda Item 44 to the meeting of Tuesday, August 2, 2022. Roll call vote to defer. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, DIRECTING SUBMISSION OF AN INITIATED MEASURE TO PROHIBIT THE CONSTRUCTION OR PERMITTING OF NEW SLAUGHTERHOUSES WITHIN THE CITY LIMITS TO A VOTE OF THE ELECTORS OF THE CITY AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022. Recommendation: Set a date of 2nd Reading for Tuesday, August 2, 2022. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, August 2, 2022 for Item 45. Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 46. A RESOLUTION APPROVING THE RELEASE OF THE STORM SEWER EASEMENT LOCATED IN LOT B1 SANDY CREEK ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 80-22. Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 80-22 A RESOLUTION APPROVING THE RELEASE OF THE STORM SEWER EASEMENT LOCATED IN LOT B1 SANDY CREEK ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the storm sewer easement 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 storm sewer easement was established by permanent storm sewer easement, filed in Book 219 of Miscellaneous on page 13-14 in the office of the Register of Deeds for Minnehaha County, SD, on July 26, 1994, and was reaffirmed by plat and filed in Book 58 of Plats on page 179 in the office of the Register of Deeds for Minnehaha County, SD, on September 12, 1996, and again reaffirmed by plat and filed in Book 58 of Plats on page 278 in the office of the Register of Deeds for Minnehaha County, SD, on December 18, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the storm sewer easement, as shown on attached Exhibit A, and affecting the real property described as Lot B1 Sandy Creek Addition to the City of Sioux Falls, Minnehaha County, SD, 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: 07/19/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN VACATED S. CAMBRIDGE AVE. LYING ADJACENT TO LOT 1 IN BLOCK 5 OF WESTERN HEIGHTS IN NE1/4 OF SECTION 35-T101N- R50W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor  A motion was made by Council Member Soehl and seconded by Council Member Selberg to adopt Resolution No. 81-22. Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 81-22 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN VACATED S. CAMBRIDGE AVE. LYING ADJACENT TO LOT 1 IN BLOCK 5 OF WESTERN HEIGHTS IN NE1/4 OF SECTION 35-T101N- R50W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the 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; and WHEREAS, the permanent easement was established by Resolution #89-09 and filed in Book 263 of Miscellaneous on page 605 in the office of the Register of Deeds for Minnehaha County, SD, on October 19, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent easement, as shown on attached Exhibit A, and affecting the real property described as vacated S. Cambridge Ave. lying adjacent to Lot 1 in Block 5 of Western Heights in NE1/4 of Section 35-T101N-R50W of the 5th P.M., 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: 07/19/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND ARBOR’S EDGE HOMEOWNERS ASSOCIATION, INC. TO IMPROVE AND MAINTAIN A STORMWATER DETENTION FACILITY IN THE ARBOR’S EDGE ADDITION. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 82-22. Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 82-22  A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND ARBOR’S EDGE HOMEOWNERS ASSOCIATION, INC. TO IMPROVE AND MAINTAIN A STORMWATER DETENTION FACILITY IN THE ARBOR’S EDGE ADDITION. WHEREAS, Arbor’s Edge Homeowners Association, Inc. (hereinafter, “Arbor’s Edge”), is the fee owner of the following described real property consisting of approximately 2.16 acres located at 8901 East Black Walnut Street, Sioux Falls, SD 57110, to wit: LOT 2 BLOCK 24 ARBOR’S EDGE AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA (hereinafter, “Property”); and WHEREAS, Arbor’s Edge owns and maintains a stormwater detention facility (hereinafter, “Facility”) on the Property that provides stormwater detention storage and water quality benefits for the contributing residential area, and drains into a tributary of the Big Sioux River; and WHEREAS, the Facility conveys, in part, stormwater that flows over the public right-of- way from a contributing residential area including Arbor’s Edge and areas outside of Arbor’s Edge; and WHEREAS, the Property is adjacent to municipal City streets that contribute sediment to the Facility; and WHEREAS, Arbor’s Edge and the City have identified several inadequacies affecting the functionality of the Facility, necessitating near-term construction improvements and long-term maintenance; and WHEREAS, the City and Arbor’s Edge desire to enter into an Agreement to account for all near-term construction improvements necessary to ensure the functionality of the Facility, as well as subsequent long-term maintenance of the Facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Agreement attached to and part of this resolution is hereby approved. That the Mayor is authorized to sign such Agreement. Date adopted: 07/19/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT  Chester Deyoung spoke about right of way vacations are done correctly to avoid future issues. David Zokaites spoke about Digital Billboard Safety. Dennis Haugen spoke about the quality of life in Sioux Falls. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Cole to adjourn at 7:11 p.m. Voice vote to adjourn. 6 Yes: Barranco, Cole, Merkouris, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk