City Council Meeting

MINUTES City Council Meeting Tuesday, March 14, 2023, 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 Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Pastor Randy Hartz, Associate Pastor, Faith Family 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 Consent Agenda. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 7, 2023  Regular City Council Meeting of Tuesday, March 7, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 10, 2023. REGULAR AGENDA 7. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 8. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND A HOMELESSNESS STREET OUTREACH PROGRAM. Recommendation: Set a date of 2nd Reading for Tuesday, March 21, 2023. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, March 21, 2023, for Item 8. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. There is no video recording from the 5:30 to 7:13 mark, due to technical difficulties. HEARINGS AND RESOLUTIONS 9. A RESOLUTION VACATING NORTHVIEW LANE WEST OF NORTH MARION ROAD, AS SHOWN ON EXHIBIT A. Private Applicant(s): Jarrod Smart A motion was made by Council Member Cole and seconded by Council Member Neitzert to adopt Resolution No. 25-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 25-23 A RESOLUTION VACATING NORTHVIEW LANE WEST OF NORTH MARION ROAD, 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 in Block 1 of ADP Addition, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota  The South 1344.99 Feet of the Northeast Quarter (NE1/4) Except the East 50 Feet Thereof, of Section 35, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota WHEREAS, the hearing was held on March 14, 2023, 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 Northview Lane right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to a 10’ 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, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 03/14/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 10. A RESOLUTION VACATING THE PORTION OF THE E. 10TH STREET PUBLIC RIGHT OF-WAY, FORMERLY KNOWN AS UNIVERSITY STREET, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF S. GORDON DRIVE, ON THE SOUTH BY THE ABANDONED ILLINOIS CENTRAL RAILROAD, ON THE EAST BY TRACTS 1 & 2 BLOCK 62A CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA AND ON THE NORTH BY THE UNPLATTED E 30' SE1/4 SE1/4 SW1/4 SW1/4 & SW1/4 SW1/4 SE1/4 SW1/4 (EX ABANDONED ILLINOIS CENTRAL RAILROAD) ALL IN SEC 13 T101N R49W OF THE 5TH P.M. MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): F&K Assam Family, LLC A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 26-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 26-23 A RESOLUTION VACATING THE PORTION OF THE E. 10TH STREET PUBLIC RIGHT-OF-WAY, FORMERLY KNOWN AS UNIVERSITY STREET, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF S. GORDON DRIVE, ON THE SOUTH BY THE ABANDONED ILLINOIS CENTRAL RAILROAD, ON THE EAST BY  TRACTS 1 & 2 BLOCK 62A CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA AND ON THE NORTH BY THE UNPLATTED E 30' SE1/4 SE1/4 SW1/4 SW1/4 & SW1/4 SW1/4 SE1/4 SW1/4 (EX ABANDONED ILLINOIS CENTRAL RAILROAD) ALL IN SEC 13-T101N-R49W OF THE 5TH P.M. MINNEHAHA 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: Tract 1 Block 62A, Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota Tract 2 Block 62A, Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota The Unplatted E 30' SE1/4 SE1/4 SW1/4 SW1/4 & SW1/4 SW1/4 SE1/4 SW1/4 (EX Abandoned Illinois Central Railroad) All in SEC 13-T101N-R49W of the 5th P.M. Minnehaha County, South Dakota Abandoned Illinois Central Railroad WHEREAS, the hearing was held on March 14, 2023, 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 E. 10th Street right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, 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: 03/14/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 11. A RESOLUTION VACATING LOT 5R3B IN BLOCK 6 OF DOWNTOWN CENTER URBAN RENEWAL SUBDIVISION, CITY OF SIOUX FALLS, SOUTH DAKOTA, RIGHT-OF-WAY, AS SHOWN ON EXHIBIT A. Private Applicant(s): Minnehaha Properties Inc. A motion was made by Council Member Cole and seconded by Council Member Merkouris to adopt Resolution No. 27-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed.  RESOLUTION NO. 27-23 A RESOLUTION VACATING LOT 5R3B IN BLOCK 6 OF DOWNTOWN CENTER URBAN RENEWAL SUBDIVISION, CITY OF SIOUX FALLS, SOUTH DAKOTA, RIGHT-OF-WAY, 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 5R3A in Block 6 of Downtown Center Urban Renewal Subdivision, City of Sioux Falls, South Dakota WHEREAS, the hearing was held on March 14, 2023, 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 Lot 5R3B right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A for access, drainage, sewer, water and 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, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 03/14/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 12. A RESOLUTION APPROVING THE RELEASE OF PART OF A WATER MAIN AND ACCESS EASEMENT, AS SHOWN ON EXHIBIT A; AND APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT, AS SHOWN ON EXHIBIT B, LOCATED IN LOT 1C OF CHARIS CORNER ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. Private Applicant(s): Mike Schulte, Schulte Subaru A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 28-23. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 28-23  A RESOLUTION APPROVING THE RELEASE OF PART OF A WATER MAIN AND ACCESS EASEMENT, AS SHOWN ON EXHIBIT A; AND APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT, AS SHOWN ON EXHIBIT B, LOCATED IN LOT 1C OF CHARIS CORNER ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a part of the water main and access easement 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 City of Sioux Falls, SD, no longer needs the sanitary sewer easement across the above-described real property, as shown on Exhibit B. The property owner’s petition accepts ownership, maintenance, and repairs of the sanitary sewer mainline within the proposed sanitary sewer easement release. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the water main, access and sanitary sewer easements were established by plat and filed in Book 11 on page 123 in the office of the Register of Deeds for Lincoln County, SD, on July 7, 2017, and was reaffirmed by plat and filed in Book 12 on page 151 in the office of the Register of Deeds for Lincoln County, SD, on August 17, 2018, and was reaffirmed by plat in Book 13 on page 207 in the Register of Deeds for Lincoln County, SD, on December 16, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the water main and access easement, as shown on attached Exhibit A, and release the sanitary sewer easement, as shown on attached Exhibit B, affecting the real property described as Lot 1C of Charis Corner 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: 03/14/23. 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) 13. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 28, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about beautiful city trees. Sierra Broussard complimented the work that has been done by the Mayor's Secretary Julie Wilson and City Attorney Stacy Kooistra. Chad Bishop spoke about diversity, equity, and inclusion. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Cole to adjourn at 6:28 p.m. Voice vote to adjourn. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk