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City Council Meeting

Regular Meeting

Sioux Falls, SD · August 9, 2022

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Minutes

MINUTES City Council Meeting Tuesday, August 9, 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 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 (arr. 6:02 p.m), Council Member Sarah Cole, Mayor Paul TenHaken Absent: None 2. INVOCATION • Pastor Charlie Moore, Sunnycrest United Methodist Church 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 Cole to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Regular City Council Meeting of Tuesday, August 2, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 5, 2022. 7. Report of Requests for Quotes for Fuel dated: August 1, 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 $3.069. 8. Report of Requests for Quotes for Fuel dated August 1, 2022; B20 Diesel (7,500 Gallons); Vollan Oil ($4.239); Harms Oil, no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated August 2, 2022; Unleaded (3,500 Gallons). Coles Petroleum ($2.8521); CHS Oil, no bid. Bid awarded to: Coles Petroleum. 10. Approval of a request from Siouxland Heritage Museums to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on September 8, 2022, for the following purpose: exhibit opening reception. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #63437, for 2019 property taxes in the amount of $1,528.56. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #63437, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #63437, for 2021 property taxes in the amount of $2,223.32. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #46682, for 2021 property taxes in the amount of $1,120.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #32187, for 2021 property taxes in the amount of $560.41. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #70637, for 2021 property taxes in the amount of $1,701.22. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). REGULAR AGENDA 17. 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. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS, SUBCHAPTER CONCEPT PLAN. The Planning Commission recommends approval (5-0). Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 88-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 19. 2nd 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). Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 89-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 20. 2nd 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.” Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 90-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 21. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 91-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 22. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 92-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 23. 2nd 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. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Ordinance No. 93-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 24. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 94-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 25. 2nd 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. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 95-22. Roll call vote to adopt. 6 Yes: Barranco, Cole, Jensen, Merkouris, Selberg, Soehl; 2 No: Neitzert, Starr. Motion Passed. 26. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 96-22. Roll call vote to adopt. 6 Yes: Barranco, Cole, Jensen, Merkouris, Selberg, Soehl; 2 No: Neitzert, Starr. Motion Passed. ORDINANCE FIRST READINGS 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS. Recommendation: Set a date of 2nd Reading for Tuesday, August 16, 2022. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, August 16, 2022 for Item 27. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY BY GIFT AGREEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, August 16, 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, August 16, 2022 for Item 28. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW HOBBY BEEKEEPING IN S-1 GENERAL INSTITUTIONAL AND S-2 INSTITUTIONAL CAMPUS PUD DISTRICTS. Recommendation: Set a date of 2nd Reading for Tuesday, August 16, 2022. Sponsors: Council Members Neitzert and Cole A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 16, 2022 for Item 29. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 30. 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 A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 90-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 90-22 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. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/09/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 31. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Resolution No. 91-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 91-22 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/09/2022 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2023. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2022, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2022. Thomas Greco, City Clerk 32. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Cole to adopt Resolution No. 92-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 92-22 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for snow removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/09/2022 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2023. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2022, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2022. Thomas Greco, City Clerk 33. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 93-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 93-22 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for litter removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/09/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2023. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2022, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2022. Thomas Greco, City Clerk 34. 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 A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 94-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 94-22 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. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for repair or demolition of real property in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/09/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2023. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 9th day of August, 2022, and that the entire assessment may be paid without interest to the City Finance Office on or before September 8, 2022. Thomas Greco, City Clerk 35. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 016600-2022—PERRY NATURE AREA CLEANUP Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 95-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 95-22 ANNEXATION 016600-2022—PERRY NATURE AREA CLEANUP A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along E. Arrowhead Parkway. 4. Sanitary sewer is adjacent to the parcel. 5. City water is available for development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described property and adjacent unannexed right-of-way 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 3 of G.H. Perry Addition in the North Half (N1/2) of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 08/09/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 36. A RESOLUTION APPROVING THE RELEASE OF PART OF A 20 FOOT ACCESS EASEMENT LOCATED IN TRACT 3 AND TRACT 4, KNABACH ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 96-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 96-22 A RESOLUTION APPROVING THE RELEASE OF PART OF A 20-FOOT ACCESS EASEMENT LOCATED IN TRACT 3 AND TRACT 4, KNABACH ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the 20-foot access easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the 20-foot access easement was established by deed of conveyance and filed in Book 426 of Deed on page 354 in the office of the Register of Deeds for Minnehaha County, SD, on October 19, 1993, and was reaffirmed by plat and filed in Book 56 of Plats on page 27 in the Register of Deeds for Minnehaha County, SD, on February 25, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the 20-foot access easement, as shown on attached Exhibit A, and affecting the real property described as Tract 3 and Tract 4, Knabach 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: 08/09/22. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 37. A RESOLUTION VACATING A PART OF S. SUNNYMEDE ADJACENT TO LOT 5, BLOCK 12, PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 13, 2022. Private Applicant(s): Thomas Davis A motion was made by Council Member Soehl and seconded by Council Member Cole to set a date of hearing for Tuesday, September 13, 2022 for Item 37. Roll call vote to set a date of hearing. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 38. A RESOLUTION VACATING A PART OF S. CURAE LANE ADJACENT TO LOT 1, BLOCK 1, AVERA MCKENNAN SOUTH ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 13, 2022. Private Applicant(s): Avera Mckennan A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of hearing for Tuesday, September 13, 2022 for Item 38. Roll call vote to set a date of hearing. 7 Yes: Barranco, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Cole was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about a city project on his land. Jerry LeClair spoke about what to do with the area around the Sioux Falls Arena. Scott Ehrisman spoke about the top floor at the downtown ramp; the Homeless Task Force; Free Youth Rides; and people speaking at Public Input. (Name not audible) spoke about an item that has been voted on earlier in the evening. David Zokiates spoke about his updates from previous meetings. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Soehl to adjourn the meeting at 7:22 p.m. Voice vote to adjourn. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, August 9, 2022 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member 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 Council Member Sarah Cole Mayor Paul TenHaken 2. INVOCATION  Pastor Charlie Moore, Sunnycrest United Methodist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Regular City Council Meeting of Tuesday, August 2, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 5, 2022. 7. Report of Requests for Quotes for Fuel dated: August 1, 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 $3.069. 8. Report of Requests for Quotes for Fuel dated August 1, 2022; B20 Diesel (7,500 Gallons); Vollan Oil ($4.239); Harms Oil, no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated August 2, 2022; Unleaded (3,500 Gallons). Coles Petroleum ($2.8521); CHS Oil, no bid. Bid awarded to: Coles Petroleum. 10. Approval of a request from Siouxland Heritage Museums to consume, but not sell, wine and beer at the Old Courthouse Museum, 200 W. 6th St., on September 8, 2022, for the following purpose: exhibit opening reception. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #63437, for 2019 property taxes in the amount of $1,528.56. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #63437, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #63437, for 2021 property taxes in the amount of $2,223.32. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #46682, for 2021 property taxes in the amount of $1,120.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #32187, for 2021 property taxes in the amount of $560.41. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #70637, for 2021 property taxes in the amount of $1,701.22. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). REGULAR AGENDA 17. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS, SUBCHAPTER CONCEPT PLAN. The Planning Commission recommends approval (5-0). Sponsor: Mayor 19. 2nd 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). Sponsor: Mayor 20. 2nd 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.” Sponsor: Mayor 21. 2nd 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. Sponsor: Mayor 22. 2nd 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. Sponsor: Mayor 23. 2nd 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. Sponsor: Mayor 24. 2nd 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. Sponsor: Mayor 25. 2nd 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. Sponsor: Mayor 26. 2nd 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. Sponsor: Mayor ORDINANCE FIRST READINGS 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS. Recommendation: Set a date of 2nd Reading for Tuesday, August 16, 2022. Sponsor: Mayor 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY BY GIFT AGREEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, August 16, 2022. Sponsor: Mayor 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW HOBBY BEEKEEPING IN S-1 GENERAL INSTITUTIONAL AND S-2 INSTITUTIONAL CAMPUS PUD DISTRICTS. Recommendation: Set a date of 2nd Reading for Tuesday, August 16, 2022. Sponsors: Council Members Neitzert and Cole HEARINGS AND RESOLUTIONS 30. 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 31. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 32. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 33. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor 34. 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 35. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 016600-2022—PERRY NATURE AREA CLEANUP Sponsor: Mayor 36. A RESOLUTION APPROVING THE RELEASE OF PART OF A 20 FOOT ACCESS EASEMENT LOCATED IN TRACT 3 AND TRACT 4, KNABACH ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Sponsor: Mayor NOTICE OF HEARINGS FOR STREET VACATIONS 37. A RESOLUTION VACATING A PART OF S. SUNNYMEDE ADJACENT TO LOT 5, BLOCK 12, PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 13, 2022. Private Applicant(s): Thomas Davis 38. A RESOLUTION VACATING A PART OF S. CURAE LANE ADJACENT TO LOT 1, BLOCK 1, AVERA MCKENNAN SOUTH ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 13, 2022. Private Applicant(s): Avera Mckennan NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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