City Council Meeting

MINUTES Regular City Council Meeting Tuesday, August 2, 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 Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Mayor Paul TenHaken Absent: None 2. INVOCATION  Erica Varcoe, Pastor, The Table Ministry 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Rich Merkouris to place sub-item 3 from Agenda Item 6 (Health; Operation Hope Fund Agreement; Sioux Falls Area Commuity Foundation; $0.00). See Agenda Item 6 for action taken. A request was made by Council Member Pat Starr to place the following sub items from Agenda Item 6 on the Regular Agenda for discussion: (6, Parks/Recreation; Aquatic and Ice Rink Development; PROS Consulting; $99,640); (15, City Attorneys; Legal Services Engagement; Woods, Fuller, Schultz & Smith PC; $20,000); (18, Planning & Development Services-Housing; Legal Services Engagement; Davenport, Evans, Hurwitz & Smith; $20,000); (21; Highways/Streets; Marion Road, 259th to Opportunity Dr., RR Preliminary Engineering; BNSF; $34,000); and (29; Highways/Streets; Railyard Redevelopment – Quiet Zone Preliminary Design; Alfred Benesch & Company; $73,131.87). See Agenda Item 6 for action taken. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve the Consent Agenda.  Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 19, 2022  City Council Meeting of Tuesday, July 19, 2022  Special City Council Meeting of Tuesday, July 21, 2022  Informational Meeting of Tuesday, July 26, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 29, 2022. A motion was made by Council Member Merkouris and seconded by Council Member Cole to approve Sub-Item 3 (Health; Operation Hope Fund Agreement; Sioux Falls Area Community Foundation; $0.00). Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Jensen to approve the following Sub-Items: (6, Parks/Recreation; Aquatic and Ice Rink Development; PROS Consulting; $99,640); (15, City Attorneys; Legal Services Engagement; Woods, Fuller, Schultz & Smith PC; $20,000); (18, Planning & Development Services-Housing; Legal Services Engagement; Davenport, Evans, Hurwitz & Smith; $20,000); (21; Highways/Streets; Marion Road, 259th to Opportunity Dr., RR Preliminary Engineering; BNSF; $34,000); and (29; Highways/Streets; Railyard Redevelopment – Quiet Zone Preliminary Design; Alfred Benesch & Company; $73,131.87). Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 7. Approval of a request from Alisa Codding to consume, but not sell, wine at the Mary Jo Wagner Arboretum, 1500 S. Perry Place, on August 27, 2022, for the following purpose: celebration of life gathering. 8. Report of Requests for Quotes for Fuel dated: July 13, 2022; Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17677, the awarded contractor is Vollan Oil, price paid is Unleaded $3.43. 9. Report of Requests for Quotes for Fuel dated: July 14, 2022; Unleaded (3,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon  Contract Number 17677, the awarded contractor is Vollan Oil, price paid is Unleaded $3.595. 10. Report of Requests for Quotes for Fuel dated: July 14, 2022; B20 Diesel (15,000 Gallons); Vollan Oil (B20 Diesel $4.2745). Harms Oil,no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: July 19, 2022; Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17677, the awarded contractor is Vollan Oil, price paid is Unleaded $3.2533. 12. Report of Requests for Quotes for Fuel dated July 19, 2022; B20 Diesel (7,500Gallons); Vollan Oil (Diesel $4.4368). Harms Oil, no bid. Bid awarded to: Vollan Oil. 13. Report of Requests for Quotes for Fuel dated July 20, 2022; Diesel #B20 (15,000 Gallons) and Unleaded (3,500 Gallons). Vollan Oil (Diesel B20 $4.4143 and Unleaded $3.265). Harms Oil, Howes Oil, and CHS all no bid. Bid awarded to: Vollan Oil. 14. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: July 20, 2022; 7,500 Gallons of #2 Clear Diesel; Howes Oil #2 Clear Diesel ($4.1794). Harms Oil, Parkland USA/SPF Energy /Farstad Oil, CHS, Petroleum Traders, Inc. and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 15. Report of Requests for Quotes for Fuel dated: July 26, 2022: Unleaded (8,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17677, the awarded contractor is Vollan Oil, price paid is Unleaded $3.0698. 16. Report of Requests for Quotes for Fuel dated July 26, 2022; B20 Diesel (7,500 Gallons). Vollan Oil (Diesel $4.198;) Harms Oil, no bid. Bid awarded to: Vollan Oil. APPLICATIONS 17. Renewal of 2022-23 Retail Malt Beverage License for Brix Wine Bar, 330 South Main Avenue. 18. Renewal of 2022-23 Retail Malt Beverage License for T Nail Spa, 433 West 69th Street. 19. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at the Coliseum, 515 North Main Avenue, for a comedy show on August 13, 2022. 20. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Levitt, 504 North Phillips Avenue, for concerts on August 25, 26, 27, September 1, 2, 3, 8, 9, and 10, 2022. 21. Special One-Day Liquor License for TNT Entertainment to be operated at the Levitt, 504 North Phillips Avenue, for a concert on September 24, 2022. NOTICE OF HEARINGS 22. Set a date of hearing for Tuesday, August 16, 2022. New 2022-23 Retail Malt Beverage License for Cristina’s Beauty Salon, 501 West 27th Street, with Conditional Use Permit (016553-2022) being approved on July 6, 2022. 23. Set a date of hearing for Tuesday, August 16, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino 13, 6010 South Cliff Avenue, Suite 101, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. 24. Set a date of hearing for Tuesday, August 16, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13, 6010 South Cliff Avenue, Suite 101. 25. Set a date of hearing for Tuesday, August 16, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. 26. Set a date of hearing for Tuesday, August 16, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102. 27. Set a date of hearing for Tuesday, August 16, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. 28. Set a date of hearing for Tuesday, August 16, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103. 29. Set a date of hearing for Tuesday, August 16, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino 13.75, 6010 South Cliff Avenue, Suite 104, with Conditional Use Permit (016569-2022) being approved on July 6, 2022. 30. Set a date of hearing for Tuesday, August 16, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13.75, 6010 South Cliff Avenue, Suite 104. 31. Set a date of hearing for Tuesday, August 16, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for he Country Club of Sioux Falls to be operated at 305 West 57th Street, for a special event on September 18, 2022. 32. Set a date of hearing for Tuesday, August 16, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 East 54th Street North, for a banquet on August 30, 2022. 33. Set a date of hearing for Tuesday, August 16, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 480 East 69th Street, for a reception on September 3, 2022. 34. Set a date of hearing for Tuesday, August 16, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at 5910 South Louise Avenue, for a special event on September 3, 2022. 35. Set a date of hearing for Tuesday, August 16, 2022. Special One-Day Liquor License for Sanford Health to be operated at 3101 West 22nd Street (course only) for a special event on September 12-18, 2022. REGULAR AGENDA 36. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend by placing item 63 immediately after item 49. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. UNFINISHED BUSINESS Sub-Item 3 from Agenda Item 6 was heard at this time. See item for action taken. Sub-Items 6, 15, 18, 21 and 29 from Agenda Item 6 were heard at this time. See item for action taken. 37. 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. Pending final inspections per Building Services. 38. 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. Pending final inspections per Building Services. 39. Transfer of Retail Liquor License from Pancakes & More LLC, 2715 West 41st Street, to The Heist LLC, 605 East 8th Street (CUP not required). Pending final inspections per Health and Building Services. 40. 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. 41. 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. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve items 37 through 41. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 42. 2nd Reading: Deferred from the meeting of Tuesday, July 19, 2022; 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 and reported to the Council at the Meeting of July 19, 2022). Sponsors: Council Members Brekke and Starr A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Ordinance No. 80-22. A motion was made by Council Member Jensen and seconded by Council Member Cole to amend by striking "with each agenda item" from the proposed language. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE REVISING § 124.012 OF CITY CODE THAT PROVIDES FOR SIOUX AREA METRO TRANSIT FARES. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 81-22. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend by striking "6 to10" and inserting "11 to 18". Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Cole, Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 1 No: Neitzert. Motion Passed. 44. 2nd 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). Private Applicant(s): CR Lloyd Associates Inc. – Luke Wietgrefe A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 82-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 45. 2nd 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). Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 83-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 46. 2nd 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). Private Applicant(s): Lloyd Companies on behalf of Grant Washnok - Scott Blount A motion was made by Council Member Jensen and seconded by Council Member Cole to withdraw item 46. Roll call vote to withdraw. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 47. 2nd 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).  Private Applicant(s): Empire Homes – Brady Hyde A motion was made by Council Member Neitzert and seconded by Council Member Barranco to adopt Ordinance No. 85-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 48. 2nd 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). Private Applicant(s): Signature Companies LLC - Clint Ackerman A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 86-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 49. 2nd 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). Private Applicant(s): Van Buskirk Companies – Steve Van Buskirk A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 87-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Item 63 was heard at this time. See item for action taken. 50. 2nd 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). Private Applicant(s): Allen Homes Inc. - Douglas Allen A motion was made by Council Member Selberg and seconded by Council Member Neitzert to defer item 50 to the City Council Meeting on Tuesday, August 16, 2022. Roll call vote to defer. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 51. 2nd 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. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 84-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 52. 1st Reading: Deferred from the meeting of Tuesday, July 19, 2022: 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 9, 2022. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. 53. 1st Reading: Deferred from the Meeting of Tuesday, July 19, 2022: 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 9, 2022. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 53. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT TO THE STARTUP SIOUX FALLS FOUNDATION.” Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 2022. Sponsor: Mayor  A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 54. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER: MECHANICAL AND FUEL GAS CODE. Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 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, August 9, 2022 for Item 55. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER: ELECTRICITY. Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 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 9, 2022 for Item 56. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER: PLUMBING. Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 2022. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 57. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER: RESIDENTIAL BUILDING CONTRACTORS. Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 2022. Sponsor: Mayor A motion was made by Council Member Starr and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 58.  Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 59. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER: RESIDENTIAL CODE. Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 59. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 60. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER: BUILDING CODE. Recommendation: Set a date of 2nd Reading for Tuesday, August 9, 2022. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 9, 2022 for Item 60. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 61. RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015758-2021—I-90 ROW. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 83-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 83-22 ANNEXATION 015758-2021—I-90 ROW 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. Annexation ensures an orderly transition of service responsibilities from the County level to the City level. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals set forth above are hereby made a part of this resolution and incorporated herein as if fully set forth. That the maps attached to and made part of this resolution entitled “Proposed Annexation to the City of Sioux Falls Map 1 of 5” is hereby approved and incorporated herein as if fully set forth. BE IT FURTHER RESOLVED: That the following described properties 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: The unincorporated road right-of-way lying adjacent to Interstate 229 from the existing city limits (approximately the centerline of E. 60th St. N., as it crosses over Interstate 229) in the NW1/4 of Section 26, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 229 from the existing city limits (approximately the centerline of E. 60th St. N., as it crosses over Interstate 229) in the SE1/4 of Section 27, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the E1/2 of Section 26, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the SW1/4 of Section 25, Township 102 North, Range 49 West, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the NW1/4 of Section 25, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 from the existing city limits (approximately N. Kiwanis Ave., as it crosses over Interstate 90) in the NE1/4 of Section 30, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the NE1/4 of Section 30, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the NW1/4 of Section 29, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the SW1/4 of Section 29, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the SE1/4 of Section 29, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the SW1/4 of Section 28, Township 102 North, Range 49 West of the 5th PM, Minnehaha County, SD; The unincorporated road right-of-way lying adjacent to Interstate 90 in the SW1/4 of Section 30, Township 102 North, Range 48, West of the 5th PM, 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: 08/02/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 62. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 016703-2022—CRUSHER’S/FAMILY PARK ADDITION. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Resolution No. 84-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 84-22 ANNEXATION 016703-2022—CRUSHER’S/FAMILY PARK 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 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 Ellis Road. 4. Sanitary sewer is available to the development. 5. City water is available to the development. 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: Tract 1 Crusher’s Addition SW1/4 Section 15, Township 101 North, Range 50 West of the 5th P.M., including adjacent N. Ellis Road right-of-way 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: 08/02/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 63. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF INTERSTATE CROSSINGS ADDITION (16649-2022). Private Applicant(s): Van Buskirk Companies - Steve Van Buskirk A motion was made by Council Member Soehl and seconded by Council Member Selberg to adopt Resolution No. 85-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 85-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF INTERSTATE CROSSINGS ADDITION (16649-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Interstate Crossings Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 08/02/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 64. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND EXPERIENCE SIOUX FALLS 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 Jensen and seconded by Council Member Cole to adopt Resolution No. 86-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 86-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND EXPERIENCE SIOUX FALLS 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, ESF is a South Dakota nonprofit corporation; WHEREAS, ESF and the City find that ESF is best qualified to conduct the overall management and operation of the Visitor Tower located at Falls Park; and WHEREAS, ESF 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 Experience Sioux Falls, being a five-year agreement, is hereby approved. Section 2. The Mayor is authorized to sign the Agreement after it is ratified and executed by ESF. 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: 08/02/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 65. A RESOLUTION ADOPTING THE 2022 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 87-22. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend inserting "training" between "events" and "conferences" and "or has an existing contract or agreement" after "member", in the 3rd sentence of the section labeled "Preauthorized"". Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to amend by inserting the sentence, "For purposes of this policy, any nonprofit organization under Section 501(c) of the United States Internal Revenue Code is not considered a partisan organization", between the 2nd and 3rd sentences of the first paragraph to "Education, Travel, and Training Policy"". Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco; 1 No: Starr. Motion Passed. RESOLUTION NO. 87-22 A RESOLUTION ADOPTING THE 2022 CITY COUNCIL POLICIES AND PROCEDURES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “2022 City Council Policies and Procedures” is hereby adopted. Date adopted: 08/02/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 66. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM TUESDAY, OCTOBER 18, 2022, TO MONDAY, OCTOBER 17, 2022. Sponsors: Council Members Jensen and Soehl A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 88-22.  Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 88-22 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM TUESDAY, OCTOBER 18, 2022, TO MONDAY, OCTOBER 17, 2022. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, October 18, 2022, will be rescheduled to 6 p.m., Monday, October 17, 2022, as City Council members will be attending the Sioux Falls Chamber of Commerce Annual Meeting. The corresponding Informational Meeting will also be rescheduled to Monday, October 17, 2022, at 4 p.m. Date adopted: 08/02/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 67. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 89-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 89-22 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 appointment: Name Board Term Kurt Brost Events Center Complex Advisory Appointed for a term from August Board 2022 to August 2024. Date adopted: 08/02/22 . 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) 68. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED June 30, 2022. NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about improved signage. Chester Deyoung thanked the City Council for their service. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Jensen to adjourn the meeting at 8:16 p.m. Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk