City Council Meeting

MINUTES City Council Meeting Tuesday, August 16, 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 Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Sarah Cole, Council Member Alex Jensen, Mayor Paul TenHaken Absent: Council Member David Barranco 2. INVOCATION  Rev. Dr. Christina O'Hara, Church of the Good Shepherd 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, August 9, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 12, 2022. 7. Notice of change orders on the memorandum dated August 12, 2022. 8. Sioux Area Metro Report of Requests for Quotes for Fuel dated: August 8, 2022; #2 Clear Diesel (7,500 Gallons); Howes Oil ($3.7120). Harms Oil, Parkland USA/SPF  Energy /Farstad Oil, CHS, Petroleum Traders, Inc. and Midwest Oil, all no bid. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated: August 8, 2022; B20 Diesel (7,500 Gallons); Vollan Oil ($4.1260); Harms Oil ($3.5851). CHS Oil and Howes Oil, both no bid. Bid awarded to: Harms Oil. 10. Report of Requests for Quotes for Fuel dated: August 9, 2022; Unleaded E10 (9,000 Gallons); Cole’s Petroleum ($2.8386); CHS Oil, Howes Oil, and Vollan Oil, all no bid. Bid awarded to: Cole’s Petroleum. 11. Approval of a request from Sarah Rasmussen and Matthew Kranz to consume, but not sell, wine, beer, and champagne at the Mary Jo Wegner Arboretum, on August 26, 2022, for the following purpose: wedding reception. 12. Approval of a request from Kyle Bruscher and Emily Salisbury to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on September 17, 2022, for the following purpose: wedding reception. APPLICATIONS 13. Renewal of 2022-23 Retail Malt Beverage License for Pho Thai, 230 South Phillips Avenue. 14. Special One-Day Malt Beverage License for HiFi Hair to be operated at Cherry Rock Park, 1800 West 18th Street, for an event on September 18, 2022. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, September 6, 2022. New 2022-23 Retail Malt Beverage License for Arsiya Inc, 1605 West Burnside Street, Suite 100. 16. Set a date of hearing for Tuesday, September 6, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Arsiya Inc, 1605 West Burnside Street, Suite 100. 17. Set a date of hearing for Tuesday, September 6, 2022. New 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 801 South Cliff Avenue. 18. Set a date of hearing for Tuesday, September 6, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 801 South Cliff Avenue. 19. Set a date of hearing for Tuesday, September 6, 2022. New 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 803 South Cliff Avenue. 20. Set a date of hearing for Tuesday, September 6, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 803 South Cliff Avenue. 21. Set a date of hearing for Tuesday, September 6, 2022. New 2022 Package Liquor License for Kathmandu Indian Cuisine LLC, 5310 East Arrowhead Parkway. 22. Set a date of hearing for Tuesday, September 6, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Mertens and Stoterau LLC, Rack City, 309 South Bahnson Avenue. 23. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Liquor License for KJT LLC to be operated at 2400 South Riverview Avenue, for a wedding on September 10, 2022. 24. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Malt Beverage License for Christ the King Church & School, 1801 South Lake Avenue, for a picnic on September 10, 2022. 25. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 East 54th Street North, for a wedding on September 10, 2022. 26. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 2700 South Lake Avenue, for a game on September 10, 2022. 27. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 3534 South Western Avenue, for a Chamber mixer on September 13, 2022. 28. Set a date of hearing for Tuesday, September 6, 2022. Special One- Day Liquor Licenses for KJT LLC to be operated at 401 East 8th Street for concerts on September 16-17, 2022. 29. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Liquor License for T Slat Inc., to be operated at 480 East 69th Street, for a wedding on September 17, 2022. 30. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Zoological Society of Sioux Falls to be operated at 805 South Kiwanis Avenue, for an event on September 22, 2022. 31. Set a date of hearing for Tuesday, September 6, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Children’s Home Society to be operated at 113 North Saint Paul Avenue, for a fundraiser on September 29, 2022. 32. Set a date of hearing for Tuesday, September 6, 2022. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023, AND THE 2023-2027 CAPITAL PROGRAM. Sponsor: Mayor REGULAR AGENDA 33. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 34. 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. 35. 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. Pending final inspections per Health and Building Services. 36. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino 13, 6010 South Cliff Avenue, Suite 101. 37. 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. Pending final inspections per Health and Building Services. 38. 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. 39. 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. Pending final inspections per Health and Building Services. 40. 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. 41. 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. Pending final inspections per Health and Building Services. 42. 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. 43. 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. 44. 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. 45. Special One-Day Liquor License for T Slat Inc., to be operated at 480 East 69th Street, for a reception on September 3, 2022. 46. 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. 47. 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. A motion was made by Council Member Starr and seconded by Council Member Neitzert to defer Agenda Items 35 through 42 to the meeting of September 13, 2022. Roll call vote to defer. 5 Yes: Merkouris, Neitzert, Soehl, Starr, Cole; 2 No: Selberg, Jensen. Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Starr to approve Agenda Items 34 and 43 through 47. Roll call vote to approve. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 48. 2nd Reading: Deferred from the Meeting of Tuesday, August 2, 2022; 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 Neitzert and seconded by Council Member Cole to withdraw Agenda Item 48. Roll call vote to withdraw. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 49. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 157: SUBDIVISIONS. 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. 97-22. Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 50. 2nd 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. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 98-22. Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 51. 2nd 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. Sponsors: Council Members Neitzert and Cole A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 99-22. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend Section 90.102(c) by inserting “OPEN3,” between “the” and “DD”; changing “25” to “10”; and inserting the sentence “This requirement may be waived by Animal Control.” before the last sentence. Roll call vote to amend. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 100 E. 85TH ST. FROM THE C-3 COMMUNITY COMMERCIAL DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 16712-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022. Private Applicant(s): Cresten Capital Holdings - Erica Mullaly A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 52. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 704 W. 28TH ST. FROM THE RD-1 TWIN HOME/DUPLEX  RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 16752-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022. Private Applicant(s): Sayre Associates - Jeff Boldt A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 53. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1600 W. 7TH ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL— TRADITIONAL DISTRICT, NO. 16753-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022. Private Applicant(s): Sayre Associates - Jeff Boldt A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 54. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 55. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. BROEK DR. AND EAST OF S. LANA DR. FROM THE AG AGRICULTURE DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 16786-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022. Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 55. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 56. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. BENSON RD. AND EAST OF I-229 FROM THE AG AGRICULTURE AND I-1 LIGHT INDUSTRIAL DISTRICTS TO THE CN CONSERVATION AND I-1 LIGHT INDUSTRIAL DISTRICTS, NO. 16797-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022.  Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 56. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 57. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4101 S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, AND THE LW LIVE-WORK DISTRICTS, NO. 16807-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022. Private Applicant(s): Willadsen Lund Engineering Corp – Eric Willadsen A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 57. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF S. TANNER AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD- 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 16813-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 6, 2022. Private Applicant(s): Springdale LLC – Blake Hyde A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, September 6, 2022 for Item 58. Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 59. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 016876-2022—HARVEST HILLS SW1/4 ADDITION. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 97-22. Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed.  RESOLUTION NO. 97-22 ANNEXATION 016876-2022—HARVEST HILLS SW1/4 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; 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 W. Maple St. 4. Sanitary sewer will need to be extended from the existing main at applicant’s cost. 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, SD, and the boundary of the city is hereby extended to include such territory: The Southwest Quarter (SW1/4) of Section 02, Township 101 North, Range 50 West of the 5th P.M. and the Northwest Quarter (NW1/4) of Section 02, Township 101 North, Range 50 West of the 5th P.M. except Vanderwoude LCRWS Tract 1 & except Vanderwoude Tract 2 in Section 02, Township 101 North, Range 50 West; and all adjacent right-of-way, all in 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: 08/16/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 60. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 6100 E. HEIN PL., SIOUX FALLS, SD 57110 FOR PUBLIC USE. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 98-22. Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 98-22 A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 6100 E. HEIN PL., SIOUX FALLS, SD 57110 FOR PUBLIC USE. WHEREAS, the City of Sioux Falls (the “City”) is authorized and proposes to undertake and carry out for public use a street construction project in cooperation with SDDOT to widen part of Arrowhead Parkway, the project is identified as NH2042 (28) PCN 05UW (the “Project”); and WHEREAS, in connection with the Project, it is necessary to acquire right-of-way and temporary construction easements from Thomas G. Hein, which property is legally described as Plat of Lot H1 (Parcel 3): THAT PORTION OF THE ILLINOIS CENTRAL GULF RAILROAD RIGHT-OF-WAY, 100' IN WIDTH, LYING WITHIN GOVERNMENT LOT 2 IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW 1/4 SW 1/4 ) OF SECTION 25, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Plat of Lot H1 (Parcel 4): SOUTH HALF (S 1/2) OF GOVERNMENT LOT 2 IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW 1/4 SW 1/4) OF SECTION 25, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Plot of Lot H2 (Parcel 5): OLIVER'S TRACT NO. 1 IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW 1/4 SW 1/4) OF SECTION 25, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA LESS LOT H1. Plat of Lot H3 (Parcel 6): THE SOUTH HALF (S 1/2) OF GOVERNMENT LOT 2, ALSO KNOWN AS THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW 1/4 SW 1/4) OF SECTION 25, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT TRACTS 1 THROUGH 5 OF HEIN’S ADDITION, OLIVER’S TRACT 1 & TRACT 3, AND THAT PORTION OF ABANDONED ILLINOIS CENTRAL RAILROAD RIGHT-OF-WAY LYING WITHIN ALL LOCATED WITHIN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW 1/4 SW1/4) OF SECTION 25, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right-of-way and construction, which may include control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2024; and  WHEREAS, in connection with such acquisition, the City has obtained an independent real estate appraisal to determine fair market value, which appraisal has been reviewed by an independent real estate appraiser; and WHEREAS, a purchase offer at fair market value based on the appraisal has been made by the City for the right-of-way; and WHEREAS, the City has been unable to acquire, by voluntary purchase or agreement, the rights-of-way and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, it is deemed necessary and in the best interest of the City that the acquisition of the Project right-of-way proceed expeditiously; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property by condemnation for any purpose authorized by law when approved by a two-thirds majority vote; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That it is necessary to acquire the following rights-of-way and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-35 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL § 31-19- 23: Right-of-Way: As shown in Attachment B, the total Right-of-Way taken is 15,707 sq. ft., more or less. Parcel 3 contains 3,720 sq. ft., more or less; Parcel 4 contains 8,117 sq. ft., more or less; Parcel 5 contains 3,842 sq. ft., more or less; and Parcel 6 contains 28 sq. ft., more or less. Temporary Easement: As shown in Attachment A the total temporary easement taken is 77,255 sq. ft., more or less. Parcel 3 contains 7,787 sq. ft., more or less; Parcel 4 contains 23,593 sq. ft., more or less; Parcel 5 contains 372 sq. ft., more or less; and Parcel 6 contains 45,503 sq. ft., more or less. Section 2. That the City shall publish this Resolution, with attachments, after its passage. Date adopted: 08/16/22 . 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) 61. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED JULY 29, 2022. NEW BUSINESS A motion was made by Council Member Starr and seconded by Council Member Soehl to add an item to the agenda to reconsider the motion to adopt Resolution 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, adopted at the City Council Meeting of August 9, 2022. Roll call vote to add an item to the agenda. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Soehl to reconsider the motion to adopt Resolution 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, adopted at the City Council Meeting of 8/9/2022 and to defer formal action to the meeting of Tuesday, September 6, 2022. Roll call vote to reconsider. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Greg Boris spoke about transportation and budgeting for bikeability and walkability. Bob Kolbe spoke about government. Sierra Broussard spoke about street construction in the Pettigrew neighborhood. ADJOURNMENT A motion was made by Council Member Cole and seconded by Council Member Soehl to adjourn at 6:52 p.m. Voice vote to adjourn. 7 Yes: Merkouris, Neitzert, Selberg, Soehl, Starr, Cole, Jensen; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk