City Council Meeting

MINUTES City Council Meeting Tuesday, September 19, 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 Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr (arr. 6:02 p.m.), Council Member David Barranco, Council Member Sarah Cole, Mayor Paul TenHaken Absent: None 2. INVOCATION  Joy Christensen, Direct Line Prayer Partner 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 Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 12, 2023  City Council Meeting of Tuesday, September 12, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 15, 2023. APPLICATIONS 7. Special One-Day Malt Beverage License for Salon Mia to be operated at The Coliseum, 515 North Main Avenue, for a festival on September 23, 2023. 8. Special One-Day Liquor License for Great Bear Management Inc., 5901 East Rice Street, for a reception on October 7, 2023. 9. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Gist Wine Shop to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a special event on November 2, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #94015, for 2022 property taxes in the amount of $1,395.52. 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 11. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Retail Liquor License for BT Investments LLC, 5231 West 26th Street. 12. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Retail Liquor License for MG Oil Company, 777 Casino East 4, 3601 South Minnesota Avenue, Suite B. 13. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Package Liquor License for Casey’s #2334, 701 South Sycamore Avenue. 14. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Package Liquor License for Casey’s #2351, 901 East Benson Road. 15. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Package Liquor License for Casey’s #3049, 3236 South Sycamore Avenue. 16. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Package Liquor License for Casey’s #4268, 1600 East 69th Street. 17. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Package Liquor License for Casey’s #4302, 6510 East Arrowhead Parkway. 18. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Package Liquor License for 7 Horse LLC, 1801 South Western Avenue. 19. Set a date of hearing for Tuesday, October 3, 2023. New 2023 Retail Wine License and 2023-24 Retail Malt Beverage License for Ichifuji Ramen LLC, 1609 East 10th Street, with conditional use permit (CU-018539-2023) being approved on September 6, 2023. 20. Set a date of hearing for Tuesday, October 3, 2023. New 2023-24 Retail Malt Beverage License for Duchess Investments LLC, Invictus Pizza Kitchen, 3901 West 49th Street, #103. 21. Set a date of hearing for Tuesday, October 3, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1292, 8301 West 32nd Street. 22. Set a date of hearing for Tuesday, October 3, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1217, 6301 East 41st Street. 23. Set a date of hearing for Tuesday, October 3, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1285, 3310 North Cliff Avenue. 24. Set a date of hearing for Tuesday, October 3, 2023. New 2023-24 Retail Malt Beverage License and New 2023 Retail Wine License for Kwik Star #1200, 4300 East 57th Street. 25. Set a date of hearing for Tuesday, October 3, 2023. Transfer of 2023-24 Retail Malt Beverage License and Transfer of 2023 Retail Wine License from BKB Inc, Botski’s, 1914 South Sycamore Avenue #104, to Kramer Hospitality LLC, Botski’s, 1914 South Sycamore Avenue #104. 26. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Liquor License for T Slat Inc, to be operated at Cherapa 2, 345 North Reid Place, for open house events on October 4 and 5, 2023. 27. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Malt Beverage License and Special One-Day Wine License for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for a volleyball game on October 6, 2023. 28. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: MK Threads, 222 South Phillips Avenue, Friends of SDPB, 300 North Dakota Avenue #104, Intoxibakes, 421 North Phillips Avenue #111, JH & Sons, 216 South Phillips Avenue, Studio 20/20, 311 South Phillips Avenue #100, Chelsea’s Boutique, 220 South Phillips Avenue, Mint + Basil, 207 South Phillips Avenue, Premier Playhouse, 315 North Phillips Avenue, Great Outdoor Store, 201 East 10th Street, Home Porch Gifts, 217 South Phillips Avenue, Holiday Inn City Center, 100 West 8th Street, Spice & Tea Exchange, 328 South Phillips Avenue, Lauriebelles, 206 South Phillips Avenue, Bechtold Jewelry, 325 South Phillips Avenue, Flynn Wright, 223 South Phillips Avenue, Rehfeld’s Art & Framing, 431 North Phillips Avenue, Say Anything Jewelry, 225 South Phillips Avenue, Simply Perfect, 401 East 8th Street #108, Calvary Episcopal Cathedral, 500 South Main Avenue, Sticks & Steel, 401 East 8th Street #118, Veza, 330 South Phillips Avenue, Matchbox Candle Co., 124 South Phillips Avenue, 8th & Railroad Center, 401 East 8th Street #200A, Hotel on Phillips, 100 North Phillips Avenue, Brosia Bowl, 421 North Phillips Avenue  #105, Rose & Eugene Presents, 701 North Phillips Avenue #135, for an Art & Wine Walk on October 6, 2023. 29. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Liquor License for T Slat Inc, to be operated at Center for Active Generations, 5500 East Active Gen Place, for a Chamber mixer on October 10, 2023. 30. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at 2101 West Burnside Street, for a whiskey tasting event on October 12, 2023. 31. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Cherpa 2, 345 North Reid Place, for a Bancorp open house on October 17, 2023. 32. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for Jazz events on October 18 and 19, 2023. 33. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Country Club of Sioux Falls to be operated at Dakota Riggers and Tool Supply, 704 East Benson Road, for a special event on October 20, 2023. 34. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Liquor License for Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on October 21, 2023. 35. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Liquor License for Sioux Falls YMCA to be operated at Leif Ericson Day Camp, 2301 East 26th Street, for an event on November 6, 2023. 36. Set a date of hearing for Tuesday, October 3, 2023. Special One-Day Wine License for Sioux Falls Lutheran Booster Club to be operated at 6715 South Boe Lane, for a fundraiser on November 11, 2023. REGULAR AGENDA 37. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to amend by moving Item 59 immediately after Item 47. Roll call vote to amend. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed.  Roll call vote to approve, as amended. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 38. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for IV & Co., 345 North Reid Place, Suite 123 (CUP not required). 39. New 2023 Retail Wine License for The Smoked Culture, 3400 West 49th Street, Suite 102 (CUP not required). 40. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Happy Jacks Sioux Falls, 3705 South Western Avenue, Suite B, to Corner Pantry 23, 4209 West 12th Street. 41. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Buffalo Casino, 4416 East 37th Street, to Crown Casino East V, 317 North West Avenue. 42. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at the Elmen Center, 2505 South Grange Avenue, for volleyball games on September 23 and October 7, 2023. 43. Special One-Day Liquor License for T Slat Inc., to be operated at Nyberg’s Ace Hardware, 330 West 41st Street, for an event on September 29, 2023. 44. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 7, 2023. 45. Special One-Day Wine Licenses for Augustana University, Wagoner Hall, 2300 South Grange Avenue, for a cooking class on October 24 and November 13, 2023. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to defer Items 38-45 to the Special City Council Meeting on Friday, September 22, 2023, at 9 a.m. Roll call vote to defer. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 46. 2nd 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 Selberg and seconded by Council Member Barranco to adopt Ordinance No. 85-23.  Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 47. 2nd 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 adopt Ordinance No. 86-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 9TH ST. AND WEST OF N. MARION RD. FROM THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I 1 LIGHT INDUSTRIAL DISTRICT, NO. 18490-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Maricar Limited Partnership – James Soukup A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 48. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 23RD ST. AND WEST OF S. MINNESOTA AVE. FROM THE LW LIVE-WORK DISTRICT TO THE MMU2 MIDTOWN MIXED- USE—MODERATE DENSITY DISTRICT, NO. 18525-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Hawkeye Investment Properties, LLC – Jonah Luzier A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 49. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF SD HWY 11 FROM THE C 3 COMMERCIAL—COMMUNITY DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO.  18555-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Nielson Development, LLC – Kelly Nielson A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 50. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2800 N. LOUISE AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE C-4 COMMERCIAL—REGIONAL DISTRICT, NO. 18570-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JLG Architects – Justin Merkovich A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 51. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 52. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND EAST OF N. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND LW LIVE-WORK DISTRICTS, NO. 18520-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Eastside Acres, LLC – Jesse Deffenbaugh A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 52. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 53. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3520 S. GATEWAY LN. FROM THE O OFFICE DISTRICT TO THE C 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 18540-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Peska Properties Inc. – Gene Peska A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 53. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. 54. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 18TH ST. AND WEST OF S. 7TH AVE. FROM THE RT 1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE O OFFICE DISTRICT, NO. 18560-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5- 0). Private Applicant(s): Woods Fuller P.C. - Sander Kline A motion was made by Council Member Jensen and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, October 3, 2023 for Item 54. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 55. A RESOLUTION AMENDING THE 2023–2027 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 103-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 103-23 A RESOLUTION AMENDING THE 2023–2027 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2023–2027 Capital Program shall be amended as follows: Water Amend the Capital Improvements Program by adding a project, Water Storage Improvements, in 2023. The estimated cost for the design is $150,000 and will not require an increase in appropriations as it will be funded by water user fees. Date adopted: 09/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 56. A RESOLUTION AUTHORIZING THE USE OF CONSTRUCTION MANAGER AT RISK SERVICES FOR CONSTRUCTION OF A CITY LIGHT, POWER, AND TRAFFIC OPERATIONS FACILITY ALONG WITH A POTENTIAL FUEL SITE, MAINTENANCE BUILDING, AND VEHICLE WASH. Sponsor: Mayor  A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resoluton No. 104-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 1 No: Starr. Motion Passed. RESOLUTION NO. 104-23 A RESOLUTION AUTHORIZING THE USE OF CONSTRUCTION MANAGER AT RISK SERVICES FOR CONSTRUCTION OF A CITY LIGHT, POWER, AND TRAFFIC OPERATIONS FACILITY ALONG WITH A POTENTIAL FUEL SITE, MAINTENANCE BUILDING, AND VEHICLE WASH. WHEREAS, to establish an integrated team approach to the planning, design, and construction of a City light, power, and traffic operations facility along with a potential fuel site, maintenance building, and vehicle wash to help control the construction schedule and budget, and to help ensure quality for the City, the City’s Director of Public Works recommends the project be accomplished using the Construction Manager at Risk delivery method; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it is in the best interest of the public to utilize the Construction Manager at Risk project delivery method for a city light, power, and traffic operations facility along with a potential fuel site, maintenance building, and vehicle wash, that such services would not unreasonably duplicate and would be in addition to the normal scope of separate architect or engineer contracts, and that the construction manager at risk be allowed to submit bids on portions of the work in accordance with state law. Date adopted: 09/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 57. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 6100 E. HEIN PL., SIOUX FALLS, SD 57110, FOR PUBLIC USE. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resoluton No. 105-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 105-23 A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED AT 6100 E. HEIN PL., SIOUX FALLS, SD 57110, FOR PUBLIC USE. WHEREAS, the City of Sioux Falls (the “City”) is authorized and proposes to undertake and carry out for public use a street construction project in cooperation with SDDOT to widen part of Arrowhead Parkway; the project is identified as NH2042 (28) PCN 05UW (the “Project”); and WHEREAS, in connection with the Project, it is necessary to acquire right-of-way and temporary construction easements from Thomas G. Hein, which are legally described in Attachments A and B hereto; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right-of-way and construction, which may include control of access, borrow pits, cut slopes, fill slopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2024–2025; and WHEREAS, in connection with such acquisition, the City has obtained an independent real estate appraisal to determine fair market value, which appraisal has been reviewed by an independent real estate appraiser; and WHEREAS, a purchase offer at fair market value based on the appraisal has been made by the City for the right-of-way; and WHEREAS, the City has been unable to acquire, by voluntary purchase or agreement, the rights-of-way and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, it is deemed necessary and in the best interest of the City that the acquisition of the Project right-of-way proceed expeditiously; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property by condemnation for any purpose authorized by law when approved by a two-thirds majority vote; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That it is necessary to acquire the following rights-of-way and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-35 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL § 31-19-23: Right-of-Way: As shown in Attachment B, the total Right-of-Way taken is 15,707 sq. ft., more or less. Parcel 3 contains 3,720 sq. ft., more or less; Parcel 4 contains 8,117 sq. ft., more or less; Parcel 5 contains 3,842 sq. ft., more or less; and Parcel 6 contains 28 sq. ft., more or less.  Temporary Easement: As shown in Attachment A the total temporary easement taken is 77,255 sq. ft., more or less. Parcel 3 contains 7,787 sq. ft., more or less; Parcel 4 contains 23,593 sq. ft., more or less; Parcel 5 contains 372 sq. ft., more or less; and Parcel 6 contains 45,503 sq. ft., more or less. Section 2. That the City shall publish this Resolution, with attachments, after its passage. Date adopted: 09/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 58. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 106-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 106-23 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, 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, Pump Station 240 Capacity Improvements (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project 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 Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the submission of an application for financial assistance in an amount not to exceed $61,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 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 Project. Date adopted: 09/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 59. A RESOLUTION IMPLEMENTING $4 MILLION FROM THE HOUSING FUND FOR EXPANSION OF 30 PERCENT to 40 PERCENT HOUSING UNITS. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Selberg to adopt Resolution No. 107-23. Roll call vote to adopt. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 107-23 A RESOLUTION IMPLEMENTING $4 MILLION FROM THE HOUSING FUND FOR EXPANSION OF 30 PERCENT to 40 PERCENT HOUSING UNITS. WHEREAS, a safe and affordable home is one of the basic needs we each have as human beings; and WHEREAS, according to the Augustana Research Institute, in 2021 there were only about 28 homes or apartments available and affordable for every 100 households with a family of four making $27,200 or less annually; and WHEREAS, according to the U.S. Census Bureau, for a family of four, 40 percent median-family income (MFI) is $36,300 and 30 percent MFI is $27,200; and WHEREAS, according to the U.S. Department of Housing and Urban Development (HUD), affordable housing is generally defined as housing for which the occupant is paying no more than 30 percent of gross monthly income for housing costs, including utilities; and WHEREAS, according to Sioux Falls Thrive, the average rent for a two-bedroom apartment in Sioux Falls was $1,030 in 2023, requiring a full-time wage of $19.80/hour or $41,186 annually; and WHEREAS, according to the 2021 Sioux Falls Housing Needs Assessment, 19,714 Sioux Falls households were living on less than $35,000 annually; and WHEREAS, the Homeless Task Force created by the Sioux Falls City Council in 2022 recommended that a focus be in creating more affordable units to transition people into rather than building more capacity within homeless shelters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1: From the Housing Fund, $4 million, shall be authorized to be used to support the construction of new or rehabilitated housing for individuals and families at 40 percent of the median-family income (MFI) and below, with priority for the 30 percent MFI and below. Section 2: The Housing Division shall provide the City Council with an update during one of its public meetings on the use of these funds, six months from the effective date of this resolution, and every six months thereafter until the funds are fully expended. Section 3: The Housing Division shall prioritize funding projects where supportive services are included to help the family or individual remain in stable, affordable housing. Section 4: The Housing Division shall establish a needs assessment and a publicly noticed application process to encourage community ideas on how to use the available funds in the most impactful manner and create the most sustainable number of new housing units. Date adopted: 09/19/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, 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) 60. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: August 31, 2023. 61. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: September 13, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke gave a recap of past work done by his property by the Public Works Department. Robert Kolbe spoke about a top ten list of what people should say or do if they want to run for governor.  Darlis Halverson spoke about the possible disposition of the animals at the Delbridge Museum of Natural History. David Zokaites spoke about dealing safely with the Police. Sierra Broussard spoke about police activity and the good leadership we have in the City of Sioux Falls. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adjourn the meeting at 7:42 p.m. Voice vote to adjourn. 8 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco, Cole; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk