City Council Meeting

MINUTES City Council Meeting Tuesday, September 13, 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr (via telecom), Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Tom Rooney, Direct Line Prayer Center 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. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 6, 2022  Regular City Council Meeting of Tuesday, September 6, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 9, 2022. 7. Notice of change orders on the memorandum dated September 9, 2022. 8. Report of Requests for Quotes for Fuel dated August 31, 2022: Unleaded (4,000 Gallons); Vollan Oil ($2.728); Coles Petroleum ($2.757); Harms Oil and Howes Oil, all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated August 31, 2022: B20 Diesel (7,500 Gallons); Vollan Oil ($4.2635); Harms Oil, no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated September 6, 2022: Unleaded (8,500 Gallons); Vollan Oil ($2.895); Coles Petroleum ($2.8266); CHS Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 11. Report of Requests for Quotes for Fuel dated September 6, 2022: B20 Diesel (6,500 Gallons); Vollan Oil ($4.08); Harms Oil, no bid. Bid awarded to: Vollan Oil. REGULAR AGENDA 12. 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 22 immediately after Item 38. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 13. Deferred from the meeting of 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. Pending final inspections per Health and Building Services. 14. Deferred from the meeting of 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. 15. Deferred from the meeting of 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. Pending final inspections per Health and Building Services. 16. Deferred from the meeting of 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. 17. Deferred from the meeting of 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. Pending final inspections per Health and Building Services. 18. Deferred from the meeting of 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. 19. Deferred from the meeting of 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. Pending final inspections per Health and Building Services. 20. Deferred from the meeting of 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. A motion was made by Council Member Neitzert and seconded by Council Member Barranco to defer Items 13 through 20 to the meeting of September 20, 2022. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A PERMANENT EASEMENT. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 107-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 22. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 108-22.  A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend by reflecting changes to the resolution adopting the budget and the Capital Program. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Selberg, Soehl, Barranco, Cole, Jensen, Merkouris, Neitzert; 1 No: Starr. Motion Passed. ORDINANCE FIRST READINGS 23. 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 FOR THE REDEVELOPMENT OF NELSON PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS SKATEPARK ASSOCIATION. Recommendation: Set a date of 2nd Reading for Tuesday, September 20, 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, September 20, 2022 for Item 23. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR PARKS AND RECREATION. Recommendation: Set a date of 2nd Reading for Tuesday, September 20, 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, September 20, 2022 for Item 24. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, September 20, 2022. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, September 20, 2022 for Item 25. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AMENDMENT NO. 1 TO AMENDED AND RESTATED WATER TANK LEASE AGREEMENT NO. 17-3219. Recommendation: Set a date of 2nd Reading for Tuesday, September 20, 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, September 20, 2022 for Item 26. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 27. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015755-2021—SCOLLON’S ADDITION Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Cole to adopt Resolution No. 106-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 106-22 ANNEXATION 015755-2021—SCOLLON’S 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 E. 10th St. 4. Approval of future sanitary sewer Developer’s Engineering Plan is contingent upon approval of downstream sanitary sewer as flows from Scollon’s Addition development flow into downstream County Parcel 10404. 5. City water is available at 10th St. and Scarlet Oak Trl. Developer will be  required to extend City water for service in this 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 2 of Scollon’s Addition in the W1/2 NW1/4 of Section 21, Township 101 North, Range 48 West of the 5th P.M., 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: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 28. A RESOLUTION DETERMINING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT SAID SURPLUS PROPERTY TO THE SIOUX FALLS SCHOOL DISTRICT. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Resolution No. 107-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 107-22 A RESOLUTION DETERMINING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT SAID SURPLUS PROPERTY TO THE SIOUX FALLS SCHOOL DISTRICT. WHEREAS, the City owns the following property: Youth Band and Youth Summer Singers sheet music (the “Property”); and WHEREAS, the Property is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the City desires to surplus the Property and gift the same to the Sioux Falls School District; and  WHEREAS, the Sioux Falls School District finds it desirable to acquire the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City hereby declares, pursuant to SDCL Chapter 6-13, the Youth Band and Youth Summer Singers sheet music to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired; and That the gifting by the City of the Youth Band and Youth Summer Singers sheet music to the Sioux Falls School District, is hereby approved. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 29. 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. Private Applicant(s): Thomas Davis A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 108-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 108-22 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. WHEREAS, a petition to vacate city right–of-way has been filed by the owners of the following described property: Lot 5, Block 12, Prairie Tree Addition to the City of Sioux Falls, Lincoln County, South Dakota WHEREAS, the hearing was held on September 13, 2022, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the Sunnymede Cir. right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to a 10-foot utility easement reserved by the City of Sioux Falls in, over, and upon a part of the vacated right-of-way as shown on Exhibit A for electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 30. 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. Private Applicant(s): Avera Mckennan A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 109-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Cole was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 109-22 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. WHEREAS, a petition to vacate city right–of-way has been filed by the owners of the following described property: Lot 1, Block 1, Avera McKennan South Addition to the City of Sioux Falls, Lincoln County, South Dakota A part of the Northwest Quarter of Section 16, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota WHEREAS, the hearing was held on September 13, 2022, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the S. Curae Lane right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to a 10-foot utility easement reserved by the City of  Sioux Falls in, over, and upon a part of the vacated right-of-way as shown on Exhibit A for gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 31. A RESOLUTION APPROVING THE RELEASE OF PART OF A 10-FOOT UTILITY EASEMENT LOCATED ADJACENT TO S. CURAE LANE IN LOT 1, BLOCK 1 AVERA MCKENNAN SOUTH ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. Private Applicant(s): Avera McKennan A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 110-22. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Cole was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 110-22 A RESOLUTION APPROVING THE RELEASE OF PART OF A 10-FOOT UTILITY EASEMENT LOCATED ADJACENT TO S. CURAE LANE IN LOT 1, BLOCK 1 AVERA MCKENNAN SOUTH ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the 10-foot utility easement was established by resolution and filed in Book 11 of Plats on page 164 in the office of the Register of Deeds for Lincoln County, SD, on August 23, 2017; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of a 10-foot utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 1, Block 1, Avera McKennan South Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/13/22 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk 32. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED IN LOTS 17 AND 18 BLOCK 9, PLATINUM VALLEY III ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. Private Applicant(s): Platinum Valley LLC A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Resolution No. 111-22. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Selberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 111-22 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED IN LOTS 17 AND 18 BLOCK 9, PLATINUM VALLEY III ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent utility easement was established by plat filed in Book X of Plats on page 284 in the office of the Register of Deeds for Lincoln County, SD, on November 18, 2004; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent utility easement, as shown on attached Exhibit A, and affecting the real property described as Lots 17 and 18 Block 9, Platinum Valley III Addition to the City of Sioux Falls, Lincoln County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 33. A RESOLUTION APPROVING THE RELEASE OF PART OF A 10-FOOT UTILITY EASEMENT LOCATED IN LOT 5, BLOCK 12, PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. Private Applicant(s): Thomas Davis  A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 112-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 112-22 A RESOLUTION APPROVING THE RELEASE OF PART OF A 10-FOOT UTILITY EASEMENT LOCATED IN LOT 5, BLOCK 12, PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the 10-foot utility easement was established by resolution and filed in Book K of Plats on page 120 in the office of the Register of Deeds for Lincoln County, SD, on July 15, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of a 10-foot utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 5, Block 12, Prairie Tree Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 34. A RESOLUTION APPROVING THE RELEASE OF A 10-FOOT UTILITY EASEMENT LOCATED IN LOTS 16, 17, 48, 49, 54, 55, AND 56 IN BLOCK 10 AND LOTS 26 AND 27 IN BLOCK 11 OF MEADOW RIDGE ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND A PORTION OF TRACT A IN BLOCK 10 MEADOW RIDGE ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Nielson Development LLC A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 113-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 113-22  A RESOLUTION APPROVING THE RELEASE OF A 10-FOOT UTILITY EASEMENT LOCATED IN LOTS 16, 17, 48, 49, 54, 55, AND 56 IN BLOCK 10 AND LOTS 26 AND 27 IN BLOCK 11 OF MEADOW RIDGE ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND A PORTION OF TRACT A IN BLOCK 10 MEADOW RIDGE 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 10-foot utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the 10-foot utility easement was established by plat filed in Book 64 of Plats on page 156 in the office of the Register of Deeds for Minnehaha County, SD, on August 8, 2002; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the 10-foot utility easement, as shown on attached Exhibit A, and affecting the real property described as Lots 16, 17, 48, 49, 54, 55 and 56 in Block 10 and Lots 26 and 27 in Block 11 of Meadow Ridge Addition, an Addition to the City of Sioux Falls, Minnehaha County, SD, and a portion of Tract A in Block 10 Meadow Ridge 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: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 35. A RESOLUTION AUTHORIZING THE APPLICATION AND SUBMITTAL FOR FINANCIAL ASSISTANCE FROM THE TRANSPORTATION ALTERNATIVES GRANT PROGRAM FOR THE CONSTRUCTION OF A SHARED USE PATH/TRAIL IN SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 114-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 114-22 A RESOLUTION AUTHORIZING THE APPLICATION AND SUBMITTAL FOR FINANCIAL ASSISTANCE FROM THE TRANSPORTATION ALTERNATIVES GRANT PROGRAM FOR THE CONSTRUCTION OF A SHARED USE PATH/TRAIL IN SIOUX FALLS, SOUTH DAKOTA.  WHEREAS, the City of Sioux Falls, SD, (the “City”) desires financial assistance from the South Dakota Department of Transportation—Transportation Alternatives (TA) Grant Program for the purpose of constructing a shared use path along the south side of 26th St. from Red Oak Dr. to Highline Ave., and continuing south and east along the adjacent drainageway, crossing underneath Veterans Parkway, through an existing underpass, and connecting into Silverthorne Ave., hereinafter described as the “Project”; and WHEREAS, the City hereby agrees to the maintenance and operation of the Project; and WHEREAS, the City hereby commits to the local match of not less than 18.05 percent of the project; and WHEREAS, the City acknowledges its responsibility to secure right-of-way or easements for construction of the project; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City is hereby authorized to execute the application and submit it to the South Dakota Department of Transportation—TA Grant Program and to deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 36. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 115-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 115-22 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD, (the “City”) has determined it is necessary to  proceed with improvements to its clean water system, including, but not limited to, Basin 15 Sanitary Sewer Improvements and Implementation of Non-Point Source Measures (the “Projects”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects, and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves up to $16,711,000 for the Basin 15 Sanitary Sewer Improvements to the South Dakota Board of Water and Natural Resources for the Projects and $1,240,000 for Non-Point Source Measures to the South Dakota Board of Water and Natural Resources for the Projects. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Projects. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 37. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Neitzert to adopt Resolution No. 116-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 116-22 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  Section 1. It is necessary to levy and there shall be levied a special front foot assessment fee upon each lot, tract, and parcel of land fronting upon every street and part thereof within the city of Sioux Falls to be used to maintain and repair street surfacing or pavement. Section 2. There is hereby assessed against each and every lot, tract, and parcel of land fronting upon every street, or part thereof, one dollar ($1.00) per front foot for the year 2023, which shall be apportioned as the assessment for maintaining of street surfacing or pavement, except for such parcels that are exempt by law. Front foot, for the purposes of this resolution, means the actual front of the premises as established by the buildings thereon, record title, and use of the property regardless of the original plat. Section 3. The City Clerk shall certify such special front foot assessment fees to the county auditors of Minnehaha and Lincoln Counties, SD, and the same shall be collected as municipal taxes for general purposes. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 38. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023, AND THE 2023-2027 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 117-22. A motion was made by Council Member Starr and seconded by Council Member Neitzert to amend by increasing the 2023 General Fund Budget, Siouxland Heritage Museum by $50,000 to increase the Siouxland Heritage Museum Endowment held with the Sioux Area Community Foundation. Roll call vote to amend. 1 Yes: Starr; 7 No: Selberg, Soehl, Barranco, Cole, Jensen, Merkouris, Neitzert. Motion Failed. A motion was made by Council Member Starr and seconded by Council Member Barranco to amend by amending the 2023 General Fund Revenue Budget by reducing the CPI Adjustment of property tax by $2,269,138 (3.0% CPI adjustment pursuant to SDCL 10-13-35). Roll call vote to amend. 2 Yes: Starr, Barranco; 6 No: Selberg, Soehl, Cole, Jensen, Merkouris, Neitzert. Motion Failed. A motion was made by Council Member Starr and seconded by Council Member Merkouris to amend by amending the 2023 General Fund Budget by increasing the General Fund Budget $2,369,000 to provide City Employees with a mirrored version of the Employer of Choice plan deployed in 2022. The funds will be appropriated as listed below. Funding to come from unobligated fund balance. Roll call vote to amend. 1 Yes: Starr; 7 No: Selberg, Soehl, Barranco, Cole, Jensen, Merkouris, Neitzert. Motion Failed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend by amending the 2023 Sales Tax General Facilities Capital budget by reducing Project 06016, Centralized Land Acquisition $100,000 and to amend the 2023 Sales Tax Planning and Development Services Capital budget by funding Core Facade Easement Project in 2023 for $100,000. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend by amending the 2023 Sales Tax General Facilities Capital Budget by reducing Project 06016, Centralized Land Acquisition $75,000 and to amend the 2023 Sales Tax Highways and Streets Capital Budget by funding Project 11075, Pedestrian and Bicycle Improvements 2023 for $75,000. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Barranco to amend by amending the 2023 Transit Expense Budget by reducing Operating Support by $1,690,000, which was budgeted for the new hybrid transit service model. The funds will remain within the Transit Fund Balance. Funding may be reconsidered upon receipt and approval by the City Council of the Transit Development Plan for the new hybrid transit service model. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Jensen to amend by amending the 2023 General Fund Planning and Development budget by reducing $68,000 for wages related to the Arts Coordinator position. Roll call vote to amend. 6 Yes: Soehl, Barranco, Cole, Jensen, Merkouris, Neitzert; 2 No: Selberg, Starr. Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Barranco to amend by amending the 2023 General Fund Police Department Operating Budget, increasing the budget by $100,000 to fund a $5,000 incentive pay program to recruit new police officers - funding to come from unobligated fund balance. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to amend the 2023 Budget to allocate uncommitted funding received through the American Rescue Plan Act by increasing the General Fund Police Operating  Budget by $550,000 to advance public safety in the community through crime prevention, reduction and intervention activities. The council to be advised on anticipated use of these funds, which may include, but not limited to, increasing the number of uniformed officers or other public safety personnel. Funds to be tracked separately for reporting purposes. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Selberg, Soehl, Barranco, Cole, Jensen, Merkouris, Neitzert; 1 No: Starr. Motion Passed. RESOLUTION NO. 117-22 A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2023, AND THE 2023-2027 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 2023 Recommended Budget and 2023-2027 Capital Program as amended by the City Council is hereby approved. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk Item 22 was heard at this time. See item for action taken. 39. A RESOLUTION TO APPROVE THE CONTINUATION OF THE ANNUAL REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Sponsors: Council Members Soehl and Starr A motion was made by Council Member Soehl and seconded by Council Member Starr to adopt Resolution No. 118-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 118-22 A RESOLUTION TO APPROVE THE CONTINUATION OF THE ANNUAL REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. WHEREAS, pursuant to Ordinance 21-22, the City Council approved a Municipal Property Tax Refund Program (the “Program”) to annually refund a portion of municipal  property taxes on single-family dwellings serving as the principal residence of eligible elderly and disabled persons; and WHEREAS, Ordinance 21-22 provides for a one hundred percent (100%) refund of the City of Sioux Falls municipal property tax due, up to $500 and excluding municipal levied liens or assessments, for property owners who qualify for a freeze on assessment on qualifying single-family dwellings under SDCL § 10-6A-2; and WHEREAS, Section 3 of Ordinance 21-22 provides for annual continuation of the Program subject to the City Council adoption of a resolution to approve a continuation and provide an appropriation therefore; and WHEREAS, the City Council has appropriated in the City’s 2023 Budget funding for the Program for 2022 property taxes that are payable in 2023; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City Council hereby approves continuation of the Program for fiscal and calendar year 2023, and will apply to 2022 property taxes payable in 2023. To be eligible, the property owner must have applied with the County for a freeze on assessment of single-family dwellings pursuant to SDCL § 10-6A-2 by April 1, 2022. All refunds issued through the Program will be as prescribed in Ordinance 21-22. Date adopted: 09/13/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 40. A RESOLUTION RECOMMENDING THAT THE CITY ADMINISTRATION NEGOTIATE WITH WASHINGTON PAVILION MANAGEMENT, INC. TO ACCOMPLISH THE OBJECTIVES OF THE ARTS TASK FORCE AND THE CITY’S VISUAL ARTS COMMISSION AND THE RESPONSIBILITIES THEREOF. Sponsors: Council Members Merkouris and Jensen A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Resolution No. 119. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Barranco, Cole, Jensen, Merkouris, Neitzert; 1 No: Starr. Motion Passed. RESOLUTION NO. 119-22 A RESOLUTION RECOMMENDING THAT THE CITY ADMINISTRATION NEGOTIATE WITH WASHINGTON PAVILION MANAGEMENT, INC. TO ACCOMPLISH THE OBJECTIVES OF THE ARTS TASK FORCE AND THE CITY’S VISUAL ARTS COMMISSION AND THE RESPONSIBILITIES THEREOF. WHEREAS, the mayor’s recommended budget included funds for an Arts Program Coordinator position in the City’s Planning and Development Services Department; and  WHEREAS, the Arts Program Coordinator would provide leadership to and implement recommendations of the Arts Task Force, oversee maintenance and annual assessment of the City’s $3.1 million art collection, direct the work of the Visual Arts Commission and manage the City’s participation in the Sculpture Walk, proactively plan for integration of art into City projects and collaborate with key art stakeholders, and provide guidance to the smaller art organizations that encourage collaboration and sharing of best practices; and WHEREAS, the Washington Pavilion is a private, 501(c)3 not-for-profit organization, that serves as the region’s home for the arts, entertainment, and science; and WHEREAS, the Washington Pavilion could be an appropriate organization to accomplish the objectives of the Arts Task Force and administer the responsibilities of the Visual Arts Commission; and WHEREAS, the City owns and maintains assets held within the Washington Pavilion; and WHEREAS, the current agreement with the Washington Pavilion Management, Inc. expires on December 31, 2022; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City Council recommends that the City administration negotiate with the Washington Pavilion Management, Inc. to accomplish the objectives of the Arts Task Force and the City’s Visual Arts Commission. Section 2. The City Council will consider a supplemental appropriation to execute the provision in Section 1 if successfully negotiated in the new management and operating agreement. Date adopted: 09/13/22 . 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) 41. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED August 31, 2022. NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 42. Approval of a request from Devin Hudelson and Halley Basche to consume, but not sell, champagne and beer at the Mary Jo Wagner Arboretum, 1900 S. Perry Place, on September 17, 2022, for the following purpose: wedding. A motion was made by Council Member Jensen and seconded by Council Member Barranco to approve Item 42. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Katrina Lehr-McKinney spoke about Airbnb’s and a long-term project in the All Saints neighborhood. Sierra Broussard spoke about the Pettigrew neighborhood, neighborhood associations and crime. Chad Bishop spoke about budget spending and how federal money is not free money. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Jensen to adjourn at 8:54 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk