City Council Meeting

MINUTES City Council Meeting Tuesday, September 12, 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 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  Rev. Randall Gehring, Senior Pastor, Our Savior's Lutheran 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 Cole to approve the Regular 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, September 5, 2023  Regular City Council Meeting of Tuesday, September 5, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 8, 2023. 7. Notice of change orders on the memorandum dated September 8, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Marlys and Jermaine Williams to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on October 13, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #34171, for 2020 property taxes in the amount of $567.53. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 10. Parcel #34171, for 2021 property taxes in the amount of $2,223.29. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 11. Parcel #34171, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #39338, for 2022 property taxes in the amount of $2,163.93. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #50703, for 2020 property taxes in the amount of $30.03. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 14. Parcel #50703, for 2021 property taxes in the amount of $29.64. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 15. Parcel #50703, for 2022 property taxes in the amount of $28.86. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 16. Parcel #50857, for 2020 property taxes in the amount of $191.23. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #50857, for 2021 property taxes in the amount of $2,223.34. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #50857, for 2022 property taxes in the amount of $2,163.92. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #51938, for 2020 property taxes in the amount of $339.25. 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. 20. Parcel #51938, for 2021 property taxes in the amount of $395.74. 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. 21. Parcel #51938, for 2022 property taxes in the amount of $476.07. 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. 22. Parcel #76853, for 2022 property taxes in the amount of $1,135.35. 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. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to amend by placing Item 25 after Item 32. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Cole to amend by placing Item 28 before Item 31. 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING THE VISUAL ARTS COMMISSION SUBCHAPTER SECTIONS 154.050 THROUGH 154.057 AND ESTABLISHING AN ARTS COMMISSION. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 82-23.  A motion was made by Council Member Selberg and seconded by Council Member Cole to amend Section 154.055; Quorum, Staff...changing "the director of planning and building services" to "the director of planning and development services". Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Cole, Jensen, Merkouris, Selberg, Soehl, Starr, Barranco; 1 No: Neitzert. Motion Passed. 25. 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, 2024. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Ordinance No. 83-23. A motion was made by Council Member Selberg and seconded by Council Member Jensen to amend to include all the passed amendments by Council to the 2024 Budget Resolution and 2024-2028 five year capital program. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl; 2 No: Starr, Barranco. Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY EXPANDING THE LODGING ESTABLISHMENT TAX WITHIN THE DOWNTOWN SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 84-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT ACCESS EASEMENT. Sponsor: Mayor  A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 19, 2023 for Item 27. 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. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR AFFORDABLE HOUSING. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, September 19, 2023 for Item 28. 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. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED JOINT ZONING ORDINANCE FOR LINCOLN COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY LOCATED APPROXIMATELY 3,000 FEET SOUTH OF THE INTERSECTION OF 57TH STREET AND SD HIGHWAY 11 FROM THE A 1 AGRICULTURAL DISTRICT TO THE C COMMERCIAL DISTRICT. (Planning Commission recommendation to approve failed 0-3.) Private Applicant(s): Adam Scott A motion was made by Council Member Starr and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, September 26, 2023 for Item 29. 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. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED JOINT ZONING ORDINANCE FOR LINCOLN COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY LOCATED AT 27053 S. TALLGRASS AVENUE FROM THE A 1 AGRICULTURAL DISTRICT TO THE I 1 LIGHT INDUSTRIAL DISTRICT. (Planning Commission recommends approval 4-0.) Private Applicant(s): Margaret and Henry Mueller A motion was made by Council Member Starr and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, September 26, 2023 for Item 30. 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 Item 28 heard at this time. See item for action taken. 31. PUBLIC HEARING FOR A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024, AND THE 2024-2028 CAPITAL PROGRAM.  Public comments about the budget were taken at this time and also during the 2nd Reading (Item 25) and the Resolution (Item 32). 32. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024 AND THE 2024-2028 CAPITAL PROGRAM. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Resolution No. 92-23. A motion was made by Council Member Starr to amend the 2024 General Fund Revenue Budget by reducing the CPI Adjustment of property tax by $2,381,760 (3.0% CPI adjustment pursuant to SDCL 10-13-35. Since there is no second, the motion is not before the meeting. A motion was made by Council Member Starr and seconded by Council Member Neitzert to amend the 2024 General Fund Health Department operating budget by increasing the budget $100,000 to create an Office of Child and Youth Development. Funding to come from General Fund Unassigned Fund Balance. Roll call vote to amend. 2 Yes: Soehl, Starr; 6 No: Cole, Jensen, Merkouris, Neitzert, Selberg, Barranco. Motion Failed. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend the 2024 General Fund Planning and Development operating budget by increasing the budget $25,000 for additional neighborhood grant programming. Funding to come from General Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Jensen to amend the 2024 General Fund City Council operating budget by increasing the budget $150,000 for co-sourced internal audit services. Funding to come from General Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the 2024 General Fund Planning and Development operating budget by increasing the budget $120,000 to fund an Arts Coordinator position. Funding to come from General Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to amend the 2024 Entertainment Fund Entertainment Venues operating budget by increasing the budget $150,000 to fund the arts promotion program. Funding to come from Entertainment Tax Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Soehl to amend the 2024 Housing Fund Housing Department operating budget and General Transfers by reducing both budgets $120,000 for Bishop Dudley operations and increasing the 2024 General Fund Health Department operating budget by $145,000 to fund Bishop Dudley operations. The additional $25,000 to come from General Fund Unassigned Fund Balance. A motion was made by Council Member Starr to amend the amendment to change the dollar amount from $145,000 to $245,000 and to strke the $25,000. Since there is no second, the motion is not before the meeting. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend the new 911 Dispatch Fund Metro Communications operating budget by increasing the budget $6,676,632, funded by intergovernmental revenues, 911 surcharges, charges for services, and other supporting revenues. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Selberg to amend the 2024 Housing Fund Housing Department operating budget by increasing the budget $2,000,000 to fund the construction of new or rehabilitated housing for individuals and families at 40 percent or below area median income (AMI), with priority for the 30 percent AMI and below. Funding to come from the Housing Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend he 2024 General Fund Planning and Development operating budget by increasing the budget $1,000,000 to fund neighborhood revitalization. Funding to come from General Fund Unassigned Fund Balance. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco; 1 No: Starr. Motion Passed. RESOLUTION NO. 92-23  A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024, AND THE 2024–2028 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 2024 Recommended Budget and 2024–2028 Capital Program as submitted to the City Council is hereby approved. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk Item 25 was heard at this time. See item for action taken. 33. 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 Jensen A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resoluton No. 93-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 93-23 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 2024 Budget funding for the Program for 2023 property taxes that are payable in 2024;  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 2024, and will apply to 2023 property taxes payable in 2024. 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, 2023. All refunds issued through the Program will be as prescribed in Ordinance 21-22. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 34. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT THE WEST 348.48 FEET OF THE EAST 1,900 FEET OF THE SOUTH 249.87 FEET, AND EXCEPT PROFESSOR’S ADDITION. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 94-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Starr, Barranco; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. RESOLUTION NO. 94-23 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT THE WEST 348.48 FEET OF THE EAST 1,900 FEET OF THE SOUTH 249.87 FEET, AND EXCEPT PROFESSOR’S ADDITION. WHEREAS, the permanent sanitary sewer easement recorded and filed in Book 296 of Miscellaneous on page 630 in the office of the Register of Deeds for Minnehaha County, SD, on November 30, 2021, was erroneously recorded and filed by the owner, and the City of Sioux Falls shall release such easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent sanitary sewer easement affecting the real property described as the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota, except the West 348.48 feet of the East 1,900 feet of the South 249.87 feet, and except Professor’s Addition, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County,  South Dakota, a duly certified transcript of this resolution. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 35. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE WEST 348.48 FEET OF THE EAST 1900 FEET OF THE SOUTH 249.87 FEET OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 95-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 95-23 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE WEST 348.48 FEET OF THE EAST 1900 FEET OF THE SOUTH 249.87 FEET OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the permanent sanitary sewer easement recorded and filed in Book 296 of Miscellaneous on page 629 in the office of the Register of Deeds for Minnehaha County, SD, on November 30, 2021, was erroneously recorded and filed by the owner, and the City of Sioux Falls shall release such easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent sanitary sewer easement affecting the real property described as the West 348.48 feet of the East 1900 feet of the South 249.87 feet of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 36. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT PROFESSOR’S 2ND ADDITION PLATTED THEREIN, AND EXCEPT THE WEST 168.01 FEET OF THE EAST 336.02 FEET OF THE SOUTH 259.29 FEET THEREIN, AND EXCEPT THE WEST 208.71 FEET OF THE EAST 928.71 FEET OF THE SOUTH 241.7 FEET THEREIN. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 96-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 96-23 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 17, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT PROFESSOR’S 2ND ADDITION PLATTED THEREIN, AND EXCEPT THE WEST 168.01 FEET OF THE EAST 336.02 FEET OF THE SOUTH 259.29 FEET THEREIN, AND EXCEPT THE WEST 208.71 FEET OF THE EAST 928.71 FEET OF THE SOUTH 241.7 FEET THEREIN. WHEREAS, the permanent sanitary sewer easement recorded and filed in Book 296 of Miscellaneous on page 631 in the office of the Register of Deeds for Minnehaha County, SD on November 30, 2021, was erroneously recorded and filed by the owner, and the City of Sioux Falls shall release such easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent sanitary sewer easement affecting the real property described as the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota, except Professor’s 2nd Addition platted therein, and except the West 168.01 feet of the East 336.02 feet of the South 259.29 feet therein, and except the West 208.71 feet of the East 928.71 feet of the South 241.7 feet therein, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 37. A RESOLUTION APPROVING THE RELEASE OF PART OF A STORM SEWER AND DRAINAGEWAY EASEMENT LOCATED WITHIN LOT 12 IN BLOCK 20 COPPER  CREEK HEIGHTS, AN ADDITION TO THE CITY OF SOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Ronning Enterprises, Inc. A motion was made by Council Member Jensen and seconded by Council Member Barranco to adopt Resolution No. 97-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 97-23 A RESOLUTION APPROVING THE RELEASE OF PART OF A STORM SEWER AND DRAINAGEWAY EASEMENT LOCATED WITHIN LOT 12 IN BLOCK 20 COPPER CREEK HEIGHTS, AN ADDITION TO THE CITY OF SOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the storm sewer and drainageway 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. WHEREAS, the storm sewer and drainageway easement was granted to the City of Sioux Falls and filed in Book 260 of Misc. on page 472 in the office of the Register of Deeds for Minnehaha County, SD, on August 14, 2008, and was reaffirmed by plat and filed in Book 85 of Plats on page 178 in the office of the Register of Deeds for Minnehaha County, SD on August 11, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the storm sewer and drainageway easement, as shown on attached Exhibit A, and affecting the real property described as Lot 12 in Block 20 Copper Creek Heights, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 38. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT DRAINAGE EASEMENT LOCATED WITHIN TRACT 1 OF RIGGS ADDITION TO THE CITY OF SOUX 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 Cole to adopt Resolution No. 98-23.  Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 98-23 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT DRAINAGE EASEMENT LOCATED WITHIN TRACT 1 OF RIGGS ADDITION TO THE CITY OF SOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent drainage 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. WHEREAS, the permanent drainage easement was granted to the City of Sioux Falls and filed in Book 294 of Misc. on page 943 in the office of the Register of Deeds for Minnehaha County, SD, on April 15, 2021, and was reaffirmed by plat and filed in Book 83 of Plats on page 525 in the office of the Register of Deeds for Minnehaha County, SD on December 17, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent drainage easement, as shown on attached Exhibit A, and affecting the real property described as Tract 1 of Riggs Addition to the City of Sioux Falls, Minnehaha County, South Dakota and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 39. 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 Selberg and seconded by Council Member Merkouris to adopt Resolution No. 99-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 99-23 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 2024, 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: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 40. A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Resolution No. 100-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. _100-23_ A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. WHEREAS, the City owns certain personal property located on the following real property, described below: 1701 S CAMEO WAY: LOT 1 IN BLOCK 1 OF RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-2, 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 personal property described above was acquired by the City as part of a voluntary buyout program offered to homeowners whose homes are frequently impacted by flooding for the purpose of assisting such homeowners and creating additional green space within the city; and WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the structures on the above-described real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 2. The above-described structures and personal property shall be demolished, destroyed, or removed from the real property. Section 3. To the extent that any personal property on or within the properties referenced above can be salvaged, the Mayor on behalf of the City may, by separate agreement in the form of attached Exhibit A, authorize South Eastern Development Foundation, a South Dakota nonprofit corporation, at their sole expense and liability to access the structures and salvage any personal property that would have otherwise been destroyed. Section 4. The City shall not require South Eastern Development Foundation to pay for the salvaged property and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 41. A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 101-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. _100-23_ A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. WHEREAS, the City owns certain personal property located on the following real property, described below: 1701 S CAMEO WAY: LOT 1 IN BLOCK 1 OF RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-2, 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 personal property described above was acquired by the City as part of a voluntary buyout program offered to homeowners whose homes are frequently impacted by flooding for the purpose of assisting such homeowners and creating additional green space within the city; and WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the structures on the above-described real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 2. The above-described structures and personal property shall be demolished, destroyed, or removed from the real property. Section 3. To the extent that any personal property on or within the properties referenced above can be salvaged, the Mayor on behalf of the City may, by separate agreement in the form of attached Exhibit A, authorize South Eastern Development Foundation, a South Dakota nonprofit corporation, at their sole expense and liability to access the structures and salvage any personal property that would have otherwise been destroyed. Section 4. The City shall not require South Eastern Development Foundation to pay for the salvaged property and any salvaged property shall be used for public,  charitable, or humanitarian purposes and accommodation. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 42. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Neitzert to adopt Resolution No. 102-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 102-23 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 Margaret J. Sumption Sioux Falls Regional Emergency Appointed for a term from Medical Services Authority September 2023 to September 2028. Date adopted: 09/12/23 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Michael Stangeland spoke about saving the Brockhouse animal collection. Steven Siano spoke about chemical exposure in the air and water. Chester Deyoung spoke about rules, regulations and ordinances regarding public works standards.  Robert Kolbe spoke about procedure for accusations, defenses and rebuttals. Mina Keppen spoke about the background of raising money for the Brockhouse collection and their location at the Great Plains Zoo and Delbridge Museum of Natural History. Sierra Broussard spoke about conversations and requests she says she has had with city employees regarding a local business. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn the meeting at 8:38 p.m. Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk