City Council Meeting

MINUTES Regular City Council Meeting Tuesday, September 6, 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, 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 Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, August 16, 2022  Informational Meeting of Tuesday, August 23, 2022  Joint City Council / Minnehaha County Commission Meeting of Tuesday, August 23, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 2, 2022. 7. Notice of change orders on the memorandum dated September 2, 2022. 8. Approval of a request from Brian Williams and Kady Kohankie to consume, but not sell, champagne at the Mary Jo Wegner Arboretum, 1900 S. Perry Place, on October 9, 2022, for the following purpose: getting married. 9. Report of Requests for Quotes for Fuel dated: August 12, 2022; Unleaded E10 (6,000 Gallons); Vollan Oil ($3.0514); Howes Oil, no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: August 12, 2022; Diesel B20 (7,500 Gallons); Vollan Oil ($3.84); Harms Oil, Cole's Petroleum, CHS Oil and Farstad Oil, all no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: August 12, 2022; Diesel B20 (4,500 Gallons) and Unleaded (3,500 Gallons); Vollan Oil (B20 $4.176 and Unleaded $3.099); Harms Oil and Cole's Petroleum, both no bid. Bid awarded to: Vollan Oil. 12. Report of Requests for Quotes for Fuel dated: August 22, 2022; Unleaded (8,500 Gallons); Vollan Oil ($3.0159); Harms Oil and CHS Oil, both no bid. Bid awarded to: Vollan Oil. 13. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: August 22, 2022; 9,000 Gallons of #2 Clear Diesel; Howes Oil (#2 Clear Diesel $4.1766); Harms Oil (#2 Clear Diesel $4.1666); Parkland USA/SPF Energy/Farstad Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 14. Report of Requests for Quotes for Fuel dated: August 24, 2022; Diesel B20 (5,000 Gallons); Vollan Oil ($4.34); Harms Oil, no bid. Bid awarded to: Vollan Oil. 15. Report of Requests for Quotes for Fuel dated: August 25, 2022; 1,000 Gallons of #1 Dyed Diesel; Harms Oil ($4.44); Howes Oil ($4.2875); Stern Oil, Farstad Oil, Cole’s Petroleum, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Howes Oil. 16. Report of Requests for Quotes for Fuel dated: August 26, 2022; Unleaded (7,000 Gallons); Vollan Oil ($2.849); Farstad Oil, Howes Oil, CHS Inc., and Coles Petroleum all no bid. Bid awarded to: Vollan Oil. APPLICATIONS 17. Special One-Day Liquor License for Prairie Pasta Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for a wedding on November 5, 2022. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 18. Parcel #37713, for 2019 property taxes in the amount of $1,281.47. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #37713, 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). 20. Parcel #37713, 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). 21. Parcel #83130, for 2021 property taxes in the amount of $569.04. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 22. Set a date of hearing for Tuesday, September 20, 2022. New 2022-23 Retail Malt Beverage License for Pilot Travel Center #716, 5201 North Granite Lane, Suite A. 23. Set a date of hearing for Tuesday, September 20, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Pilot Travel Center #716, 5201 North Granite Lane, Suite A. 24. Set a date of hearing for Tuesday, September 20, 2022. New 2022 Package Liquor License for Casey’s General Store #3049, 3236 South Sycamore Avenue. 25. Set a date of hearing for Tuesday, September 20, 2022. New 2022 Package Liquor License for Casey’s General Store #2464, 500 North Kiwanis Avenue. 26. Set a date of hearing for Tuesday, September 20, 2022. New 2022 Package Liquor License for Casey’s General Store #2351, 901 East Benson Road. 27. Set a date of hearing for Tuesday, September 20, 2022. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Sanford Event Barn, 2510 East 54th Street North, for weddings on September 24, October 1, and 22, 2022. 28. Set a date of hearing for Tuesday, September 20, 2022. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for games on September 24 and October 1, 2022. 29. Set a date of hearing for Tuesday, September 20, 2022. Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at MK Threads, 222 South Phillips Avenue; Friends of SDPB, 300 North Dakota Avenue, Suite 104; Intoxibakes, 421 North Phillips Avenue; JH & Sons, 216 South Phillips Avenue; Studio 20/20, 311 South Phillips Avenue, Suite 100; Chelsea's Boutique, 220 South Phillips Avenue; Mary’s Mountain Cookies, 701 North Phillips Avenue, Suite 120; Premier Playhouse, 315 North Phillips Avenue; Great Outdoor Store , 201 East 10th Street; Home Porch Gifts, 217 South Phillips Avenue; Friends of Sharing the Dream, 421 North Phillips Avenue; Full Circle Book Co-Op, 123 West 10th Street; Lauriebelles, 206 South Phillips Avenue; Preach-es, 225 East 11th Street, Suite 107; Nyberg's Ace, 200 East 12th Street; Rehfeld's Art & Framing, 431 North Phillips Avenue; Say Anything Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite108; JLG Architects, 232 South Main Avenue; Sticks & Steel, 401 East 8th Street, Suite 118; TH Grey, 330 South Phillips Avenue; Henna Harvest, 421 North Phillips Avenue; 8th & Railroad  Center, 401 East 8th Street, Suite 200A; Hotel on Phillips, 100 North Phillips Avenue; Reach Literacy, 2101 West 41st Street, Unit 23, for an Art & Wine Walk on October 7, 2022. 30. Set a date of hearing for Tuesday, September 20, 2022. Special One-Day Malt Beverage and Special One-Day Wine Licenses for R Wine Bar & Kitchen to be operated at Queen City Bakery, 324 East 8th Street, for a special event on October 15, 2022. 31. Set a date of hearing for Tuesday, September 20, 2022. Special One-Day Liquor License for Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on October 22, 2022. REGULAR AGENDA 32. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg 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 65 immediately after Item 56. Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 33. RECONSIDERATION OF 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. (The City Council originally adopted this resolution at the meeting of Tuesday, August 9, 2022; at the meeting of Tuesday, August 16, 2022, the City Council adopted a motion to reconsider this item with formal action being deferred until the meeting of September 6, 2022, in accordance with City Ordinances 30.014(d) and 30.016.) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 90-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 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: 09/06/22 . 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 6th day of September, 2022, and that the entire assessment may be paid without interest to the City Finance Office on or before October 6, 2022. Thomas Greco, City Clerk 34. New 2022-23 Retail Malt Beverage License for Arsiya Inc, 1605 West Burnside Street, Suite 100. Pending final inspections per Building Services. 35. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Arsiya Inc, 1605 West Burnside Street, Suite 100. 36. New 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 801 South Cliff Avenue. Pending final inspections per Building Services. 37. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 801 South Cliff Avenue. 38. New 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 803 South Cliff Avenue. 39. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for High Rollers Casino LLC, 803 South Cliff Avenue. Pending final inspections per Building Services. 40. New 2022 Package Liquor License for Kathmandu Indian Cuisine LLC, 5310 East Arrowhead Parkway. 41. 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. 42. Special One-Day Liquor License for KJT LLC to be operated at 2400 South Riverview Avenue, for a wedding on September 10, 2022. 43. Special One-Day Malt Beverage License for Christ the King Church & School, 1801 South Lake Avenue, for a picnic on September 10, 2022. 44. 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. 45. Special One-Day Liquor License for T Slat Inc., to be operated at 2700 South Lake Avenue, for a game on September 10, 2022. 46. 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. 47. Special One- Day Liquor Licenses for KJT LLC to be operated at 401 East 8th Street for concerts on September 16-17, 2022. 48. Special One-Day Liquor License for T Slat Inc., to be operated at 480 East 69th Street, for a wedding on September 17, 2022. 49. 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. 50. 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. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Items 34-50. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Barranco, Cole, Jensen, Merkouris; 1 No: Starr. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 51. 2nd 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). Private Applicant(s): Cresten Capital Holdings - Erica Mullaly A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 100-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 52. 2nd 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). Private Applicant(s): Sayre Associates - Jeff Boldt A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Ordinance No. 101-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 53. 2nd 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). Private Applicant(s): Sayre Associates - Jeff Boldt A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 102-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 54. 2nd 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). Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 103-22.  Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 55. 2nd 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). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 104-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 56. 2nd 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). Private Applicant(s): Willadsen Lund Engineering Corp – Eric Willadsen A motion was made by Council Member Cole and seconded by Council Member Jensen to adopt Ordinance No. 105-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Item 65 was heard at this time. See item for action taken. 57. 2nd 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). Private Applicant(s): Springdale LLC – Blake Hyde A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 106-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 58. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A PERMANENT EASEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, September 13, 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, September 13, 2022 for Item 58. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 59. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023. Recommendation: Set a date of 2nd Reading for Tuesday, September 13, 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, September 13, 2022 for Item 59. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Soehl, Cole, Jensen, Merkouris; 2 No: Starr, Barranco. Motion Passed. HEARINGS AND RESOLUTIONS 60. PUBLIC HEARING FOR A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023, AND THE 2023-2027 CAPITAL PROGRAM. Sponsor: Mayor Public comments about the budget were taken at this time and also during the 1st Reading - Item 59. 61. A RESOLUTION APPROVING THE INTERIM 2022 BUDGET FOR THE EXPERIENCE SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 103-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 103-22 A RESOLUTION APPROVING THE INTERIM 2022 BUDGET FOR THE EXPERIENCE SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. WHEREAS, pursuant to Resolution No. 86-10, the City of Sioux Falls adopted a resolution of intent to establish the Sioux Falls Convention & Visitors Bureau (CVB) Business Improvement District; and WHEREAS, pursuant to Ordinance No. 72-22, the City of Sioux Falls amended Chapter 37: Taxation of the Code of Ordinances of Sioux Falls, SD, including the retitle of the Sioux Falls Convention & Visitors Bureau (CVB) Business Improvement District to Experience Sioux Falls Business Improvement District; and WHEREAS, in accordance with Chapter 9-55 of the South Dakota Codified Laws, the Experience Sioux Falls Business Improvement District has imposed an occupational tax of two dollars ($2.00) per night per rented room for all lodging rooms within the Experience Sioux Falls Business Improvement District to market and promote the visitor industry in the city of Sioux Falls and increase the room night sales of lodging facilities within the Experience Sioux Falls Business Improvement District; and WHEREAS, the Experience Sioux Falls Business Improvement District Board of Directors has developed an annual budget that is subject to City Council approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the budget dated October 1, 2022, through December 31, 2022, is hereby approved. Date adopted: 09/06/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 62. A RESOLUTION APPROVING THE 2023 BUDGET FOR THE EXPERIENCE SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Jensen to adopt Resolution No. 104-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 104-22 A RESOLUTION APPROVING THE 2023 BUDGET FOR THE EXPERIENCE SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. WHEREAS, pursuant to Resolution No. 86-10, the City of Sioux Falls adopted a resolution of intent to establish the Sioux Falls Convention & Visitors Bureau (CVB) Business Improvement District; and WHEREAS, pursuant to Ordinance No. 72-22, the City of Sioux Falls amended Chapter 37: Taxation of the Code of Ordinances of Sioux Falls, SD, including the retitle of the Sioux Falls Convention & Visitors Bureau (CVB) Business Improvement District to Experience Sioux Falls Business Improvement District; and WHEREAS, in accordance with Chapter 9-55 of the South Dakota Codified Laws, the Experience Sioux Falls Business Improvement District has imposed an occupational tax of two dollars ($2.00) per night per rented room for all lodging rooms within the Experience Sioux Falls Business Improvement District to market and promote the visitor industry in the city of Sioux Falls and increase the room night sales of lodging facilities within the Experience Sioux Falls Business Improvement District; and WHEREAS, the Experience Sioux Falls Business Improvement District Board of Directors has developed an annual budget that is subject to City Council approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the budget dated January 1, 2023, through December 31, 2023, is hereby approved. Date adopted: 09/06/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 63. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MAPLETON TOWNSHIP TO REIMBURSE MAPLETON TOWNSHIP FOR POTENTIAL ADDITIONAL ROAD MAINTENANCE DUE TO CITY HAULING. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 101-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 101-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MAPLETON TOWNSHIP TO REIMBURSE MAPLETON TOWNSHIP FOR POTENTIAL ADDITIONAL ROAD MAINTENANCE DUE TO CITY HAULING. WHEREAS, the City intends to haul biosolids to and from City property legally described as the W1/2 NE1/4 & E1/2 NW1/4 in Section 12, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD (hereinafter, “Site 220Z”); and WHEREAS, the City intends to utilize the half-mile stretch of 257th St. directly west of 478th Ave. to haul said biosolids to and from Site 220Z (hereinafter, “Haul Road”); and WHEREAS, the Haul Road is owned by Mapleton Township (“Township”). The Township is responsible for constructing, altering, improving, and maintaining this road under the supervision and direction of its Board of Supervisors; and WHEREAS, as a potential result of the City’s hauling of biosolids to and from Site 220Z, the Township and the City anticipate that the Haul Road may require extra motor grader hours and dust control activities (hereinafter, “Additional Maintenance”) in preparation for and response to the City’s hauling of biosolids to and from Site 220Z; and WHEREAS, the Township desires to perform said potential Additional Maintenance to the Haul Road. The City desires to reimburse the Township for said potential Additional Maintenance due to the City’s use of the Haul Road to haul biosolids to and from Site 220Z; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Agreement attached to and part of this resolution is hereby approved. That the Mayor is authorized to sign such Agreement. Date adopted: 09/06/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 64. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SD. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 99-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 99-22 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the 2022 special assessment roll for the Main Street Business Improvement District in the City of Sioux Falls, SD, is hereby approved. The assessment as set out in said special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of said special assessment roll in the City Finance Office. Section 2. Said assessment may be paid in one annual installment based on the assessed valuations of the property adjusted each year and shall be collected under Plan One— Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 09/06/22 . 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 5% interest for the quarterly rate each year 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 6th day of September, 2022, and that the whole of said assessment may be paid without interest to the City Finance Office on or before 30 days after said filing. Thomas Greco, City Clerk 65. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF LAMMERS ADDITION (16801-2022). Private Applicant(s): Willadsen Lund Engineering Corp – Eric Willadsen A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 100-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 100-22 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF LAMMERS ADDITION (16801-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Lammers 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: 09/06/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 66. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. Sponsor: Mayor  A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Resolution No. 102-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 102-22 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the City of Sioux Falls intends to place a City-owned sculpture known as “Jake on Bass” by artist Scott Schlag, Hartford, SD, and selected by citizens as the 2020 SculptureWalk People’s Choice Award; and WHEREAS, the sculpture depicts a chocolate lab playing the bass guitar and measures approximately 80 inches in height, 45 inches in width, and 30 inches in depth; and WHEREAS, the proposed site placement for the “Jake on Bass” sculpture be prominently displayed on a pedestal, located at the Levitt at the Falls at 504 N. Phillips Ave.; and WHEREAS, a future sculpture location is identified in the site plan in a landscape island for Levitt at the Falls. The City will be responsible for project costs associated with the sculpture installation; and WHEREAS, the Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City, and the Sioux Falls Visual Arts Commission, encourages and recommends public art integration within public places in Sioux Falls, SD; and WHEREAS, the Sioux Falls Visual Arts Commission reviewed the proposed “Jake on Bass” sculpture and placement on December 21, 2021, and unanimously recommended approval for the sculpture and placement, as presented; and WHEREAS, the Sioux Falls Parks and Recreation Board reviewed the proposed “Jake on Bass” sculpture and placement on August 17, 2022, and unanimously recommended approval for the sculpture and placement, as presented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The “Jake on Bass” sculpture and its placement at 504 N. Phillips Ave. be approved as recommended. Date adopted: 09/06/22 . 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 Barranco and seconded by Council Member Jensen to adopt Resolution No. 105-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 105-22 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Darrell Bren Electrical Board of Appointed for a term from September Appeals and Examiners 2022 to September 2025 (to replace Robert Jarding). Bannon Larson Electrical Board of Appointed for a term from September Appeals and Examiners 2022 to September 2025 (to replace Brad Shoup). Andrew Ritter Electrical Board of Appointed for a term from September Appeals and Examiners 2022 to September 2025 (to replace Jeremy Van Well). Kari Benz Falls Community Health Reappointed for a term from September Center Governing Board 2022 to September 2025. Angela Falls Community Health Reappointed for a term from September Landeen Center Governing Board 2022 to September 2025. Joni Tschetter Public Transit Advisory Appointed for a term from September Board 2022 to September 2025 (to replace Brett Glirbas).  Joshua Zoning Board of Reappointed for a term from September Muckenhirn Adjustment 2022 to September 2025. Richard Zoning Board of Appointed for a term from September Thomason Adjustment 2022 to September 2025 (to replace Jacqueline Cole). Date adopted: 09/06/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about ending police killings. Brendan Johnson spoke about the Smart Growth Sioux Falls organization. Chester Deyoung spoke about his experiences with the City of Sioux Falls and street access. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn the meeting at 7:55 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk