City Council Meeting

MINUTES Regular City Council Meeting Tuesday, November 7, 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 Curt Soehl, 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: None 2. INVOCATION  Mayor Paul TenHaken 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Neitzert to place the following three alcohol renewal items from Item 14 on the Regular Agenda for Council discussion: La Caretta Bar, on West Madison Street; Munchies, on West 11th Street; and PAve Bar on Phillips Avenue. A motion was made by Council Member Selberg and seconded by Council Member Cole to approve the Consent Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Cole to amend by withdrawing Item 34. Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 16, 2023  City Council Meeting of Tuesday, October 16, 2023  Informational Meeting of Tuesday, October 24, 2023  Joint City Council / Minnehaha County Commission Meeting of Tuesday, October 24, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 3, 2023. 7. Notice of change orders on the memorandum dated November 3, 2023. 8. Approval of surplus property disposition on the memorandum dated October 10, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Siouxland Heritage Museums to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on November 16, 2023. 10. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: October 16, 2023; 7,500 Gallons of #2 Clear Diesel; Midway Service-Vollan Oil; #2 Clear Diesel ($3.93); Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: October 27, 2023; 7,500 Gallons of #2 Clear Diesel; Midway Service-Vollan Oil; #2 Clear Diesel ($3.5375); Harms Oil, CHS, Parkland USA/Farstad Oil, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Midway Service-Vollan Oil. APPLICATIONS 12. Special One-Day Malt Beverage License for Salon Mia to be operated at the Coliseum, 515 North Main Avenue, for a celebration on May 11, 2023. 13. Special One-Day Liquor License for Great Bear Management Inc., 5901 East Rice Street, for a celebration on December 9, 2023. 14. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit A. A motion was made by Council Member Jensen and seconded by Council Member Neitzert to approve La Caretta Bar, W. Madison Street.  Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to approve Munchies, W. 11th Street. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Cole to approve PAve Bar, Phillips Avenue. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 15. Parcel #15658, for 2022 property taxes in the amount of $201.44. Reason: The property is exempt from the tax. 16. Parcel #26230, for 2022 property taxes in the amount of $3.95. Reason: The property is exempt from the tax. 17. Parcel #27389, for 2022 property taxes in the amount of $15.99. Reason: The property is exempt from the tax. 18. Parcel #47048, for 2022 property taxes in the amount of $96.16. Reason: The property is exempt from the tax. 19. Parcel #47049, for 2022 property taxes in the amount of $10.58. Reason: The property is exempt from the tax. 20. Parcel #53432, for 2022 property taxes in the amount of $3.30. Reason: The property is exempt from the tax. 21. Parcel #53876, for 2022 property taxes in the amount of $11.46. Reason: The property is exempt from the tax. 22. Parcel #61487, for 2022 property taxes in the amount of $9.79. Reason: The property is exempt from the tax. 23. Parcel #66789, for 2022 property taxes in the amount of $22.23. Reason: The property is exempt from the tax. 24. Parcel #69261, for 2022 property taxes in the amount of $35.83. Reason: The property is exempt from the tax. 25. Parcel #87565, for 2020 property taxes in the amount of $435.54. 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. 26. Parcel #87565, for 2021 property taxes in the amount of $418.52. 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. 27. Parcel #87565, for 2022 property taxes in the amount of $406.95. 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. 28. Parcel #87572, for 2022 property taxes in the amount of $25.54. Reason: The property is exempt from the tax. 29. Parcel #93417, for 2022 property taxes in the amount of $1,057.77. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 30. Parcel #94431, for 2022 property taxes in the amount of $79.96. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 31. Set a date of hearing for Tuesday, November 21, 2023. New 2024 Retail Wine License for Invictus Pizza Kitchen, 3901 West 49th Street, Unit 103. 32. Set a date of hearing for Tuesday, November 21, 2023. Transfer of 2023 Package Liquor License from Mercato, 631 West 11th Street, to Gash Barka, 2412 East 10th Street. 33. Set a date of hearing for Tuesday, November 21, 2023. Renewal of 2024 Package Liquor License for Gash Barka, 2412 East 10th Street. 34. Set a date of hearing for Tuesday, November 21, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for football games on November 25 and December 2, 2023. 35. Set a date of hearing for Tuesday, November 21, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at the Elmen Center, 2505 South Grange Avenue, for a basketball game on November 25, 2023. 36. Set a date of hearing for Tuesday, November 21, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Eide Bailly, 345 North Reid Place, Suite 400, for a ribbon cutting on November 28, 2023. 37. Set a date of hearing for Tuesday, November 21, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at Convolo, 201 North Weber Avenue, for a reception on December 2, 2023. 38. Set a date of hearing for Tuesday, November 21, 2023. Special One-Day Liquor License for Board of Historic Preservation to be operated at the Old Courthouse Museum, 200 West 6th Street, for a conference on May 22, 2024. REGULAR AGENDA 39. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. The following alcohol renewal items from Item 14 were heard at this time: La Caretta Bar, on West Madison Street; Munchies, on West 11th Street; and PAve Bar on Phillips Avenue. See item for action taken. UNFINISHED BUSINESS 40. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for The Nail Lounge, 2408 E 10th Street. 41. New 2023 Package Liquor License for Casey’s #2174, 1705 West Burnside Street. 42. New 2023 Package Liquor License for Casey’s #2464, 500 North Kiwanis Avenue. 43. New 2023 Package Liquor License for Casey’s #3872, 4001 West 57th Street. 44. New 2023 Package Liquor License for Casey’s #3963, 3840 West Benson Road. 45. Transfer of 2023 Package Liquor License from B & D Group Investments, Credo’s Pub, 5520 West Success Street, #100, to Birgers by U LLC, Uncle Doug’s Liquor, 5406 West University Trail. 46. Renewal of 2024 Package Liquor License for Uncle Doug’s Liquor, 5406 West University Trail. 47. New 2024 Off-Sale Delivery License for Uncle Doug’s Liquor, 5406 West University Trail. 48. Transfer of 2023 Package Liquor License from Marion Investments LLC, 5201 North Annika Street to Maple Inc., 4110 West Maple Street, Suite 102. 49. Renewal of 2024 Package Liquor License for Maple Inc., 4110 West Maple Street, Suite 102. 50. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from Golden Coin Casino Inc., 4103 West 57th Street, Suite 101, to Maple Inc., 3505 West 49th Street. 51. Transfer of 2023 Retail Liquor License from Maple Inc., 4110 West Maple Street, Suite 102, to Golden Coin Casino Inc., High Rollers Casino II, 4103 West 57th Street, Suite 101. 52. Renewal of 2024 Retail Liquor License for High Rollers Casino II, 4103 West 57th Street, Suite 101. 53. Transfer of 2023 Package Liquor License from Marion Investments LLC, 5100 North Marion Road, to MG Oil Company, 3601 South Minnesota Avenue, Suite H. 54. Transfer of 2023-24 Retail Malt Beverage License, with video lottery placement, from High Rollers Casino LLC, 801 South Cliff Avenue, to MG Oil Company, 5503 North Cliff Avenue, Suite 103. 55. Transfer of 2023-24 Retail Malt Beverage, including video lottery placement, from Ken’s Korner Inc., 918 West 6th Street, to Diamond Dogs LLC, 918 West 6th Street. 56. Special One-Day Liquor License for T Slat Inc., to be operated at the Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on November 11, 2023. 57. 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 a volleyball game on November 10, 2023. 58. Special One-Day Liquor License for T Slat Inc., to be operated at Cherapa 2, 3rd Floor Interlink, 325 North Reid Street, for a holiday party on November 14, 2023. 59. Special One-Day Liquor Licenses for KJT LLC, to be operated at The Social, 301 South Thompson Avenue, for special events on November 10 and 22, December 3 and 31, 2023. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Items 40 through 59. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 60. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF S. HIGHLINE AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18713-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Norman Engineering Inc. – Aaron Norman A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 99-23. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Selberg; 1 No: Neitzert. Motion Passed. 61. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. DELBRIDGE AVE. AND EAST OF N. MARION RD. FROM THE O OFFICE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 18712-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): A Level D buffer yard consisting of a 45-foot setback with a 6-foot high berm and 50 units of landscaping per 100 lineal feet shall be required along the frontage of Marion Road.. Private Applicant(s): Soukup Construction Inc. - Jim Soukup A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 100-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 62. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3109 S. PHILLIPS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18711-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Hahn Holdings I LLC - Veryln Hahn A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Ordinance No. 101-23. Roll call vote to adopt. 7 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Selberg; 1 No: Neitzert. Motion Passed. 63. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 417 S. SUMMIT AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 18707-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).  Private Applicant(s): Kingdom Boundaries Prison Aftercare Ministries Inc. – Jeff Haverhals A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 102-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 64. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 408 S. CLEVELAND AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 18685-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Lee Knigge A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 103-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 65. 2nd 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, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 18683-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Van Buskirk Construction LLC - Brian Jackson A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Ordinance No. 104-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 66. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. RONSIEK AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD- 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 18636-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No.105-23.  Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 67. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 160. Sponsors: Council Members Neitzert and Merkouris A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Ordinance No. 106-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 68. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTION 94.002 OF CHAPTER 94 “FORESTRY” OF THE CODE OF ORDINANCES OF SAID CITY. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, November 14, 2023 for Item 68. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 69. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 124: TRANSPORTATION SERVICES, TO REPEAL THE MAXIMUM RATE OF FARE FOR TAXICABS AND WHEELCHAIR TRANSPORTS. Sponsors: Council Members Cole and Soehl A motion was made by Council Member Cole and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 21, 2023 for Item 69. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 70. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER RENTAL HOUSING. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 21, 2023 for Item 70. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 71. A RESOLUTION AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE STATE OF SOUTH DAKOTA DEPARTMENT OF GAME, FISH, AND PARKS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 115-23. Roll call vote to adopt. 6 Yes: Starr, Barranco, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Soehl, Cole were not present for the vote on this motion. RESOLUTION NO. 115-23 A RESOLUTION AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE STATE OF SOUTH DAKOTA DEPARTMENT OF GAME, FISH, AND PARKS. WHEREAS, the parties agree to amend the Joint Powers Agreement dated July 1, 1995, and filed as City Agreement No. A95-0398 (“Original Agreement”) by amending Section 2: Lease—Term of Lease to read as attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Joint Powers Agreement between the City of Sioux Falls and the State of South Dakota Department of Game, Fish, and Parks is hereby amended pursuant to the Joint Powers Agreement attached to and part of this resolution. Date adopted: 11/07/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 72. A RESOLUTION APPROVING THE VACATION OF THE STATUTORY RIGHT-OF- WAY RUNNING EAST AND WEST ALONG THE SECTION LINE BETWEEN THE SOUTH HALF (S1/2) OF SECTION 23 AND THE NORTH HALF (N1/2) OF SECTION 26, ALL IN TOWNSHIP 102 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Mapleton Golf Club A motion was made by Council Member Barranco and seconded by Council Member Soehl to adopt Resolution No. 116-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 116-23 A RESOLUTION APPROVING THE VACATION OF THE STATUTORY RIGHT-OF-WAY RUNNING EAST AND WEST ALONG THE SECTION LINE BETWEEN THE SOUTH HALF (S1/2) OF SECTION 23 AND THE NORTH HALF (N1/2) OF SECTION 26, ALL IN TOWNSHIP 102 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, a petition was filed with Mapleton Township requesting that the following section line highway in the Township of Mapleton, County of Minnehaha and State of South Dakota be vacated: The statutory right-of-way running east and west along the section line between the South Half (S1/2) of Section 23 and the North Half (N1/2) of Section 26, all in Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota. WHEREAS, notice of hearing was given by Mapleton Township pursuant to SDCL § 31-3-7; and WHEREAS, the Mapleton Township Board of Supervisors, and said Board of Supervisors approved said petition by and through its Resolution 10-10-23-01; and WHEREAS, the above-described Section Line Highway lies within the extraterritorial boundaries of the City of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL § 31-3-44, the City approves the vacation of the above-described Section Line Highway. That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a transcript of such duly certified resolution. Date adopted: 11/07/23. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 73. A RESOLUTION APPROVING THE RELEASE OF UTILITY EASEMENT LYING WITHIN LOT 1A IN BLOCK 3 OF PRAIRIE HILLS ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. Private Applicant(s): Gregory and Elizabeth Jamison A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 117-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 117-23 A RESOLUTION APPROVING THE RELEASE OF UTILITY EASEMENT LYING WITHIN LOT 1A IN BLOCK 3 OF PRAIRIE HILLS ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the utility 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. WHEREAS, the utility easement was established by plat filed in Book U of Plats on page 88 in the office of the Register of Deeds for Lincoln County, SD, on July 31, 2001. The utility easement was reaffirmed by plat and filed in Book 15 of Plats on page 143 in the office of the Register of Deeds for Lincoln County, SD, on June 18, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 1A in Block 3 of Prairie Hills Addition, an 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: 11/07/23. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 74. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 118-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 118-23 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  Matthew D. Burns Board of Ethics Appointed for a term from December 2023 to December 2027 (replacing Daniel Fritz). Wes Engbers Building Board of Reappointed for a term from December Appeals 2023 to December 2026. Ryan Kranz Building Board of Appointed for a term from December Appeals 2023 to December 2026 (replacing Sara Aldinger). Dave Van Building Board of Appointed for a term from December Nieuwenhuyzen Appeals 2023 to December 2026 (replacing Katie Krantz). Kristen Barnhardt Disability Awareness Reappointed for a term from December and Accessibility Review 2023 to December 2026. Board Pat Herman Disability Awareness Reappointed for a term from December and Accessibility Review 2023 to December 2026. Board Luke Senst Public Transit Advisory Appointed for a term from January 2024 Board to January 2027 (replacing P. Sean Garney). Date adopted: 11/07/23. 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) 75. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: October 12, 2023. NEW BUSINESS Council Member Selberg spoke about the Novem-Burn Awareness Campaign for Operation Hope. GENERAL PUBLIC INPUT Justin Gawell spoke about property management rules and regulations and some personal experiences he has had with property managers.  Scott Ehrisman spoke about the City Council hiring additional staff; and the need for the Police Department to do nightime foot patrols. David Zokaites spoke about meeting with elected leaders. Shawn Lewis spoke about ordinances and incidents around the Bishop Dudley House. Brandi Bohn spoke about the death of her husband due to a traffic incident because someone ran a stop sign; she talked about complaints coming in regarding traffic issues. Sierra Broussard spoke about representing the Police Department. Mike Zitterich spoke about the 2040 Shape Places Sioux Falls Plan. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adjourn the meeting at 8:47 p.m. Voice vote to adjourn. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk