City Council Meeting

MINUTES City Council Meeting Tuesday, August 13, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL 2. INVOCATION  Tajuan Jackson, Deeper Wells Church Family 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Brian Lindaman CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA Councilor Curt Soehl requested Consent Agenda 7, Contract 23-1007; Pavilion Balustrade & Cornice Remodel; Change Order No. 2, be pulled and placed on the Regular Agenda for discussion. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Budget Hearings of Wednesday, August 7, 2024  Regular City Council Meeting of Wednesday, August 7, 2024 COMMUNICATIONS 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through July 31, 2024. 8. Approval of contracts/agreements over $100K on the memorandum dated August 9, 2024. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Samuel Knight to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on November 2, 2024. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Corttni Woehl (Sweetnam Wedding) to consume, but not sell, alcoholic beverages at St. Michael's, 1600 S. Marion Road, on September 28, 2024. NOTICE OF HEARINGS 11. Set a date of hearing for Tuesday, September 3, 2024. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND THE 2025–2029 CAPITAL PROGRAM. Sponsor: Mayor REGULAR AGENDA 12. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Merkouris and seconded by Council Member Soehl to amend by moving Item 32 to immediately follow Item 20. Roll call vote to amend. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Item 7 was heard at this time. No action required. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110: LICENSES, SUBCHAPTER: FEE SCHEDULE. Sponsors: Council Members Barranco and Basye  A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Ordinance No. 67-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 30: CITY COUNCIL, SUBCHAPTER: ORGANIZATION AND PROCEDURE, SECTION 30.015, ADDRESSING THE COUNCIL; TIME LIMIT. Sponsors: Council Members Cole and Barranco A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Ordinance No. 68-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 95: PARKS AND RECREATION, SUBCHAPTER FEES. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Spellerberg to adopt Ordinance No. 69-24. Roll call vote to adopt. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Thomason; 1 No: Spellerberg. Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING ASSIGNMENT OF LEASES OF REAL PROPERTY AND EQUIPMENT. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Sigette to adopt Ordinance No. 70-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4904 E. 10TH ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 19717-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Willadsen Lund Engineering - Troy Luettel A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 71-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF LEBRIDGE ST. AND WEST OF RATELIFF AVE. FROM THE LW LIVE-WORK DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 19800-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Empire Companies – Brady Hyde A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Ordinance No. 72-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE TRANSFER OF CITY PROPERTY. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, August 20, 2024 for Item 19. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $11,000,000. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, August 20, 2024 for Item 20. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Item 32 was heard at this time. See item for action taken. 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR SITE ACQUISITION, DUE DILIGENCE, MASTER PLANNING, AND/OR PRELIMINARY DESIGN SERVICES THAT WILL SUPPORT A FUTURE SOUTHERN SIOUX FALLS OUTDOOR AQUATICS CENTER. Sponsors: Council Members Barranco and Thomason A motion was made by Council Member Barranco and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, August 20, 2024 for Item 21. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 22. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Spellerberg to adopt Resolution No. 79-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 79-24 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS  Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 6.00 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2025. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 13th day of August, 2024, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2024. Jermery J. Washington, City Clerk 23. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Sigette to adopt Resolution No. 80-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 80-24 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for snow removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 6.00 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the  County Treasurer’s Office on January 1, 2025. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 13th day of August, 2024, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2024. Jermery J. Washington, City Clerk 24. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Merkouris to adopt Resolution No. 81-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 81-24 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 6.00 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2025. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 13th day of August, 2024, and that the  entire assessment may be paid without interest to the City Finance Office on or before September 12, 2024. Jermery J. Washington, City Clerk 25. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Spellerberg to adopt Resolution No. 82-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 82-24 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for repair or demolition of real property in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 6.00 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2025. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 13th day of August, 2024, and that the entire assessment may be paid without interest to the City Finance Office on or before  September 12, 2024. Jermery J. Washington, City Clerk 26. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Thomason to adopt Resolution No. 83-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 83-24 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for litter removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 6.00 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2025. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 13th day of August, 2024, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2024. Jermery, J. Washington, City Clerk 27. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Resolution No. 84-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 84-24 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for the assessment of property assessable for removal and replacement of concrete sidewalk at various locations as set out in the special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of the special assessment roll in the City Accounting Office. SECTION 2. The assessment may be paid in five annual installments and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in five installments, together with interest at 6.00 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2025; the remaining installments, with interest, will become due and payable annually at the County Treasurer’s Office on January 1 of each following year until total assessment, with interest, is paid in full. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Clerk’s Office on the 13th day of August, 2024, and that the whole of said assessment, or any installment thereof, may be paid without interest to the City Accounting Office on or before 30 days after said filing. Jermery J. Washington, City Clerk 28. A RESOLUTION APPROVING THE RELEASE OF A DRAINAGE EASEMENT LYING WITHIN LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Private Applicant(s): Mayor Lifescape A motion was made by Council Member Thomason and seconded by Council Member Barranco to adopt Resolution No. 85-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 85-24 A RESOLUTION APPROVING THE RELEASE OF A DRAINAGE EASEMENT LYING WITHIN LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. 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 and filed in Book 85 of Plats on page 103 in the office of the Register of Deeds for Minnehaha County, SD, on June 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the drainage easement, as shown on attached Exhibit A, and affecting the real property described as Lot 6, Block 1, Career Place Center Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 29. A RESOLUTION APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT LYING WITHIN LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Private Applicant(s): Lifescape A motion was made by Council Member Thomason and seconded by Council Member Spellerberg to adopt Resolution No. 86-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 86-24  A RESOLUTION APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT LYING WITHIN LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. 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 and filed in Book 85 of Plats on page 103 in the office of the Register of Deeds for Minnehaha County, SD, on June 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the sanitary sewer easement, as shown on attached Exhibit A, and affecting the real property described as Lot 6, Block 1, Career Place Center Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 30. A RESOLUTION APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT LYING WITHIN LOT B3 IN TRACT 8 OF NAREDEL’S SECOND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Sayre Associates on behalf of SD Network A motion was made by Council Member Soehl and seconded by Council Member Basye to adopt Resolution No. 87-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 87-24 A RESOLUTION APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT LYING WITHIN LOT B3 IN TRACT 8 OF NAREDEL’S SECOND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs the sanitary sewer 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 sanitary sewer easement was established by plat and filed in Book 47 of Plats on page 23 in the office of the Register of Deeds for Minnehaha County, SD on May 22, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the sanitary sewer easement, as shown on attached Exhibit A, and affecting the real property described as Lot B3 in Tract 8 of Naredel’s Second 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: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 31. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Resolution No. 88-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 88-24 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 appointment: Name Board Term Michael Conlin Parks and Recreation Board Reappointed for a term from August 2024 to August 2029. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 32. A RESOLUTION AUTHORIZING A SOUTHERN SIOUX FALLS AQUATICS COMMITTEE. Sponsors: Council Members Barranco and Thomason  A motion was made by Council Member Barranco and seconded by Council Member Thomason to adopt Resolution No. 89-24. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 89-24 A RESOLUTION AUTHORIZING A SOUTHERN SIOUX FALLS AQUATICS COMMITTEE. WHEREAS, Sioux Falls Parks and Recreation is nationally accredited and envisions providing a comprehensive mix of high-quality parks and recreation programs, facilities, and services that contribute to a quality of life that is unparalleled in the region; and WHEREAS, there are six outdoor pools and aquatic centers, an indoor aquatic center, and two splash pads in Sioux Falls, but none exist south of 57th Street; and WHEREAS, there are more than 32,000 Sioux Falls residents who reside south of 57th Street according to the U.S. census; and WHEREAS, an aquatic center in southern Sioux Falls was identified as early as 2012 in the Aquatic Facility Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That a committee is hereby established to review, develop a financial plan, and recommend final location(s) for siting an outdoor aquatics center in southern Sioux Falls that could be constructed within the next five years. Section 2. That the Mayor is hereby authorized to appoint a representative to the committee from Sioux Falls Parks and Recreation, Planning and Development Services, and Public Works, a Parks and Recreation Board Member, and a citizen representative from the community with real estate experience. Section 3. The City Council Chair and Vice Chair shall appoint two City Council members to the committee. Section 4. The committee shall approve and deliver final recommendations to the Mayor and City Council on or before Monday, December 2, 2024. Section 5. The City Council intends to appropriate $500,000 for site acquisition, due diligence, and other preliminary design services. Date adopted: 08/13/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS  There was none. GENERAL PUBLIC INPUT Robert Kolbe spoke about panhandling and possible solutions to help. Joe Lewis, president and founder of The Fam Motorcycle Ministry, spoke about working with the homeless for the past several years; and offered to work with the City regarding the homeless. Mayor Paul TenHaken passed the gavel to Councilor Curt Soehl at this time. Megan Skaff spoke about homelessness and addiction. Catherine Riffle spoke about homelessness and panhandling. Councilor Curt Soehl passed the gavel back to Mayor Paul TenHaken at this time. Tim Stanga spoke about speeding busses, the Bishop Dudley House, and representation for all. Chester Deyoung spoke about accountable government. Sierra Broussard spoke about cleaning up Whittier Neighborhood and homelessness. Robin Schiro spoke about the Human Relations Commission and age discrimination. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adjourn at 8:28 p.m. Roll call vote to adjourn. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk