City Council Meeting

MINUTES City Council Meeting Monday, October 17, 2022 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Mayor Paul TenHaken Absent: None 2. INVOCATION  Senior Pastor Rick Carlson, Prairie Hills Covenant Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Soehl to place Sub-Item 3 from Agenda Item 6 on the Regular Agenda for Council Discussion (Planning & Development Services; DSU Applied Research Grant Agreement; Dakota State University & Board of Regents; $10 million). See Agenda Item 6 for action taken. A motion was made by Council Member Soehl and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 11, 2022  City Council Meeting of Tuesday, October 11, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 14, 2022. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Sub-Item 3 from Agenda Item 6 (Planning & Development Services; DSU Applied Research Grant Agreement; Dakota State University & Board of Regents; $10 million). Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated October 14, 2022. 8. Report of Requests for Quotes for Fuel dated: October 6, 2022: Unleaded (6,000 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $3.252. 9. Report of Requests for Quotes for Fuel dated: October 7, 2022: B20 (7,000 Gallons). Purchasing from City contract number 22-0113. The awarded contractor is Vollan Oil, price paid is $4.4136. APPLICATIONS 10. 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 December 17, 2022. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #64598, for 2021 property taxes in the amount of $22.51. Reason: The property is exempt from the tax. 12. Parcel #80965, for 2021 property taxes in the amount of $2,223.31. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #80965, for 2020 property taxes in the amount of $1,696.42. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #11895, for 2021 property taxes in the amount of $1.72. Reason: The property is exempt from the tax. 15. Parcel #11894, for 2021 property taxes in the amount of $1.72. Reason: The property is exempt from the tax. 16. Parcel #62551, for 2021 property taxes in the amount of $21.29. Reason: The property is exempt from the tax. 17. Parcel #76532, for 2021 property taxes in the amount of $21.29. Reason: The property is exempt from the tax. 18. Parcel #25919, for 2021 property taxes in the amount of $74.13. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 19. Parcel #25919, for 2020 property taxes in the amount of $75.05. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 100. 21. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 100. 22. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 200. 23. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 200. 24. Set a date of hearing for Tuesday, November 1, 2022. New 2022 Retail Wine License for Oh My Cupcakes, 3326 East 10th Street. 25. Set a date of hearing for Tuesday, November 1, 2022. Transfer of 2022 Package Liquor License from Wolfie’s Liquor, 6811 South Louise Avenue, to Credo’s Pub, 5520 West Success Street, Suite 100. 26. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 101. 27. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 101. 28. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 102. 29. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 102. 30. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. 31. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103. 32. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. 33. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104. 34. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 101. 35. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 101. 36. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 102. 37. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 102. 38. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 103. 39. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Golden Coin Casino Inc., 405 North Kiwanis Avenue, Suite 103. 40. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 101. 41. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 101. 42. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 102. 43. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 102. 44. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. 45. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103. 46. Set a date of hearing for Tuesday, November 1, 2022. New 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. 47. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the 2022-23 Retail Malt Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104. 48. Set a date of hearing for Tuesday, November 1, 2022. New 2023-23 Retail Malt Beverage License for Kings Mart, 4200 West 41st Street. 49. Set a date of hearing for Tuesday, November 1, 2022. Request to add video lottery terminals with the new 2022-23 Retail Malt Beverage License for Kings Mart, 4200 West 41st Street. 50. Set a date of hearing for Tuesday, November 1, 2022. A RESOLUTION OF INTENT TO ENTER INTO A LEASE AND/OR OFFER FOR SALE MUNICIPAL REAL PROPERTY. Sponsor: Mayor REGULAR AGENDA 51. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Selberg to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Cole to amend the Regular Agenda by placing Items 84 through 86 immediately after agenda Item 75. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Sub-Item 3 from Agenda Item 6 was heard at this time. See Agenda Item 6 for action taken. UNFINISHED BUSINESS 52. Deferred from the Meeting of Tuesday, October 4, 2022; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7500 AND 7608 S. HANSON PL. FROM THE AG AGRICULTURE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY AND THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 16794 2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Pending Motion from the Meeting of Tuesday, October 4, 2022: Motion to Approve by Council Member Jensen and seconded by Council Member Selberg. Private Applicant(s): Sayre Associates - Thad Roberts A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Ordinance No. 118-22. A motion was made by Council Member Cole and seconded by Council Member Starr to amend the ordinance by striking “and the RA-2 Apartment Residential – Moderate Density” and the “s” from “districts” where they appear in the ordinance AND by amending the exhibit to reflect only “RA-1” in the area to be rezoned. Roll call vote to amend. 2 Yes: Cole, Starr; 6 No: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco. Motion Failed. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 1 No: Cole. Motion Passed. 53. New 2022 Retail Liquor License for Mertens & Stoterau LLC, 309 South Bahnson Avenue. 54. New 2022 Retail Liquor License for Initiative Investments LLC, 1105 North Minnesota Avenue. 55. New 2022 Retail Liquor License for Vikash Patel, 2712 South Ellis Road. 56. New 2022 Retail Liquor License for Vikash Patel, 4109 West 57th Street. 57. New 2022 Retail Liquor License for Maple Inc., 4110 West Maple Street, Suite 102. 58. New 2022 Retail Liquor License for Anusiya LLC, 2409 West Russell Street. 59. New 2022 Retail Liquor License for Pfive Investments, 5013 North Annika Avenue. 60. New 2022 Package Liquor License for ASAVP LLC, 1720 North Louise Avenue. 61. New 2022 Package Liquor License for Pfive Investments, 5017 North Annika Avenue. 62. New 2022 Package Liquor License for Pfive Investments, 5021 North Annika Avenue, Suite 101. 63. New 2022 Package Liquor License for Mapletree Inc, 4110 West Maple Street, Suite 105. 64. New 2022 Package Liquor License for Marion Investments LLC, 5100 North Marion Road. 65. New 2022 Package Liquor License for Marion Investments LLC, 5201 North Annika Drive. 66. New 2022 Package Liquor License for Marion Investments LLC, 5021 West 62nd Street North. 67. New 2022 Package Liquor License for Vikash Patel, 3505 West 49th Street. 68. New 2022 Package Liquor License for Arsiya Inc, 1605 West Burnside Street. 69. New 2022 Package Liquor License for Vikash Patel, 2704 South Ellis Road, Suite 103. 70. New 2022 Package Liquor License for Vikash Patel, 4105 West 57th Street. 71. New 2022 Package Liquor License for Stern Oil Co Inc, 3501 West 49th Street. 72. New 2022 Retail Wine License and 2022-23 Retail Malt Beverage License for Aldi Inc., 4201 West 61st Street North. 73. New 2022-23 Retail Malt Beverage License for Yessica’s Restaurant LLC, 3500 South Louise Avenue. 74. Transfer of 2022 Retail Liquor License and 2022-23 Retail Malt Beverage License, including video lottery terminals, from B & D Group Investments, 3400 West 49th Street, to B & D Group Investments, 5520 West Success Street, Suite 100, effective November 15, 2022. A motion was made by Council Member Selberg and seconded by Council Member Cole to approve Agenda Items 53 - 74. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 75. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 116-22.  Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Agenda Item 84 was heard at this time. See Agenda Item 84 for action taken. Agenda Item 85 was heard at this time. See Agenda Item 85 for action taken. Agenda Item 86 was heard at this time. See Agenda Item 86 for action taken. 76. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO NIELSON DEVELOPMENT, LLC, IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-SIX, CITY OF SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Ordinance No. 117-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 77. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 600 N. LA MESA DR FROM THE RD-1 TWINHOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 17016-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): Nielson Construction – Kelly Nielson A motion was made by to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 77. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 78. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 7505 S. MINNESOTA AVE. FROM THE AG, AGRICULTURE DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 17072-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): Willadsen Lund Engineering – Eric Willadsen A motion was made by Council Member Barranco and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 78.  Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 79. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1320 AND 1324 E. PEARL ST FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17129-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): Pablo Alexis Lozano A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 79. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 80. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 514 and 516 N. NESMITH AVE. FROM THE RT-1 SINGLE- FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17148-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): Phil Pudenz A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 80. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 81. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2600 W. 57TH ST. FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 17164-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): DGR Engineering – Jesse Morris A motion was made by Council Member Cole and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 81. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 82. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF S. DAYLIGHT DR. AND EAST OF S. HIGHLINE AVE. FROM THE O OFFICE DISTRICT TO THE LW, LIVE WORK DISTRICT NO.  17165-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): G & D Harr Construction, LLC – Gary Harr A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 82. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 83. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MAPLE ST. AND EAST OF N. LA MESA DR. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND I-1 LIGHT INDUSTRIAL DISTRICTS, NO. 17162-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): 1. The 19 acres zoned I-1, Light Industrial District is limited to the WM1 Form. Within the WM1 Form only Manufacturing, Light, land use is allowed for the construction of the single-family homes that are going to be placed within the Harvest Hills subdivision. Recommendation: Set a date of 2nd Reading for Tuesday, November 1, 2022. Private Applicant(s): Jefferson Hills Development, LLC – Allen Gordon A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 1, 2022 for Item 83. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 84. A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Resolution No. 125-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 125-22 A RESOLUTION AMENDING THE 2022-2026 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2022–2026 Capital Program shall be amended as follows: Parks and Recreation  Amend the Other Capital Expenditures Program by adding zoo medical equipment in 2022. The estimated cost is $15,000 and will not require an increase in appropriations, as it will be funded by savings from other Parks equipment purchased in 2022. Entertainment Venues–Events Center Amend the Other Capital Expenditures Program by adding a scissor lift in 2022. The estimated cost is $18,000 and will not require an increase in appropriations as it will be funded by the cancellation of OCEP 1321-Scrubber. Water Reclamation Amend Capital Improvements Program Project No. 23043, Facility Expansion, by increasing the amount of funding for construction by $41,900,000 in 2022. The additional funding will not require an increase in appropriations as it will be funded by American Rescue Plan Act grant funds from the State of South Dakota. Public Works–Highways and Streets Amend Capital Improvements Program Project No. 11006, Arterial Street Improvements, by increasing the amount of funding for Arterial Street Platting Fees by $2,000,000 in 2022. The additional funding will require an increase in appropriations that will be funded by platting fees collected. Police Amend the Other Capital Expenditures Program by adding a vehicle in 2022. The estimated cost is $70,000 and will require an increase in appropriations as it will be funded by a federal grant. Date adopted: 10/17/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 85. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY- SIX, CITY OF SIOUX FALLS. The Planning Commission recommends approval (8-0). Private Applicant(s): Nielson Development, LLC – Kelly Nielson A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 126-22. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 1 No: Neitzert. Motion Passed. RESOLUTION NO. 126-22 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-SIX, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has recommended the creation of Tax Increment District Number Twenty-Six and has submitted a proposed Project Plan for Tax Incremental District Number Twenty-Six, City of Sioux Falls; and WHEREAS, the City of Sioux Falls has the authority, pursuant to SDCL § 11-9-2(1), to create Tax Incremental District Number Twenty-Six, City of Sioux Falls, and define its boundaries; and WHEREAS, the property within Tax Incremental District Number Twenty-Six, City of Sioux Falls, meets the qualifications and criteria set forth in SDCL 11-9; and WHEREAS, the District shall be created upon the effective date of the resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That: 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. 2. Declaration of Necessity and Enhancement. The City Council declares the necessity for the creation of the Tax Incremental District Number Twenty-Six, City of Sioux Falls, pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. Improvements to the District will add millions of dollars in assessed valuation to the District and will significantly and substantially enhance the value of all property in the District. 3. Findings of Economic Welfare. The City Council finds that more than fifty percent (50%) of the property in the District will stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, or natural resources development as defined in SDCL 11-9. 4. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed ten percent (10%) of the total assessed valuation of the City. 5. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, the Tax Incremental District Number Twenty-Six, City of Sioux Falls (the “District”). The District is hereby created on the day this resolution becomes effective which shall be twenty (20) days after publication. 6. Designation of District boundaries. The District shall have boundaries as shown and described on Exhibit A. 7. The project shall comply with the City’s adopted 2040 Comprehensive Plan, all City and state ordinances, resolutions, regulations, and codes, the approved Project Plan, and the approved Development Agreement, all as amended from time to time. Date adopted: 10/17/22 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 86. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-SIX, CITY OF SIOUX FALLS. The Planning Commission recommends approval (8-0). Private Applicant(s): Nielson Development, LLC – Kelly Nielson A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Resolution No. 127-22. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 1 No: Neitzert. Motion Passed. RESOLUTION NO. 127-22 A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-SIX, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission recommended approval of the Project Plan for Tax Incremental District Number Twenty-Six, City of Sioux Falls, which identifies certain development activities and public improvements to be undertaken by the City or private developers and paid for, in whole or in part, from the collection of tax increment revenues derived from the District; and WHEREAS, the tax increment project plan is both economically feasible and in conformity with the adopted Shape Sioux Falls 2040 Comprehensive Plan; and WHEREAS, the District will be created upon the effective date of this resolution, which effective date shall be twenty (20) days after publication; and WHEREAS, it is anticipated that project costs, less the finance costs, in the plan will be expended prior to October 31, 2027; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Project Plan for Tax Incremental District Number Twenty-Six, as attached, is hereby approved. BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals above are adopted and are incorporated herein by this reference as if set out in full. That pursuant to SDCL 11-9, the Mayor is authorized to negotiate all necessary tax increment bonds, contracts, and agreements for implementation of the Project Plan, including the transfer of positive tax increment revenues to the developer(s) of the real property within District Number Twenty-Six up to a maximum of $2,140,000 plus interest, all in accordance with state statutes, including, but not limited to, SDCL 11-9,  all local ordinances, resolutions, regulations, codes, growth plans, and the adopted Project Plan, all such bonds, contracts, and agreements subject to final City Council approval and any City Council-approved resolution or ordinance regarding Tax Incremental District Number Twenty-Six becoming effective. Date adopted: 10/17/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 87. A RESOLUTION OF INTENT TO AMEND THE SPECIAL ASSESSMENT FOR ACTIVITIES WITHIN THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resolution No. 128-22. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 128-22 A RESOLUTION OF INTENT TO AMEND THE SPECIAL ASSESSMENT FOR ACTIVITIES WITHIN THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT. WHEREAS, on October 23, 1989, the City of Sioux Falls established the Main Street Business Improvement District and authorized the use of a special assessment pursuant to SDCL Ch. 9-55 for purposes authorized by said Chapter; and WHEREAS, the City of Sioux Falls has determined the most fair and equitable method of funding eligible proposed projects, improvements, facilities, and activities in the Main Street Improvement District necessitates the implementation of both special assessments and a lodging establishment occupation tax; and WHEREAS, pursuant to SDCL Ch. 9-55-2, the City of Sioux Falls is authorized to use both special assessment and occupation taxes for raising district funds; and WHEREAS, pursuant to SDCL 9-55, this resolution proposes the implementation and collection of a special assessment and will be codified in City ordinance on the date of hearing; and WHEREAS, pursuant to SDCL 9-55-3, monies generated may be used for a variety of eligible purposes, including, but not limited to, the development, construction, and maintenance of improvements, facilities, and activities, promotion of events, and any other project or undertaking for the betterment in the Main Street Improvement District whether capital or noncapital in nature; and WHEREAS, the method for raising revenue through a special assessment will be fair and equitable. The actual use of funds shall be a primary factor in determining the fair and equitable application of any special assessment;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. Proposed Amendments of the Special Assessment Method. The City Council hereby expresses its intent to amend the special assessment to raise funds within the Main Street Business Improvement District whose boundaries are set forth in Sec. 37-106 of the Revised Ordinances of Sioux Falls, SD. 2. Public Hearing. The City shall hold a public hearing on the proposed amendments of the special assessment method on Tuesday, December 6, 2022, at 6 p.m. in the Carnegie Town Hall, 235 W. Tenth St., Sioux Falls, SD. The City Clerk is hereby authorized and directed to (A) publish notice of the hearing in the official newspaper of the city not less than 30 days prior to the hearing date; and (B) mail a complete copy of the resolution of intent and the notice of hearing not less than 30 days prior to the hearing date to each owner of taxable property as shown on the property tax roll for the proposed district. 3. Proposed Collection and Use of Funds. In accordance with SDCL Ch. 9-55, it is proposed that a special assessment be imposed on properties within the district as allowed by SDCL Ch. 9-55 and Sec. 37-110 of the Revised Ordinances of Sioux Falls, SD, within the Main Street Business Improvement District. The proceeds of such special assessment be used to pay for eligible projects, improvements, facilities, and activities approved in conjunction with the implementation of the special assessment. This resolution of intent proposes an amendment to the special assessment method on properties located within the Main Street Business Improvement District of which funds so collected may be used for expenses described specifically in paragraph 4. Any implementation and collection of a special assessment will be by City ordinance and will establish the amount of the special assessment. The properties subject to this special assessment, the method of collection, any fines or punishment for failure to pay, and the allocation of funds to specific eligible projects, improvements, facilities, and activities allowed by SDCL Ch. 9-55, and approved by the City Council in this or a future notice of intent and the actual cost of such projects, improvements, facilities, and activities. 4. Specific Improvements, Facilities, and Activities. The funds collected from the special assessment shall be used to pay for the projected and estimated costs for the purposes identified in Section 37.109 of the Revised Ordinances of Sioux Falls, SD. Date adopted: 10/17/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Hunter Barry spoke about his support for the legalization of marijuana. Sierra Broussard spoke against illegal drug use. Brian Burge spoke about the State Constitution. Dan Aesoph spoke about a citation he recently received from Animal Control. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Jensen to adjourn at 8:28 p.m. Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk