City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, August 13, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Mayor Mike T. Huether INVOCATION  Pastor Pat McClanahan, Common Ground PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. MINUTES  Budget Hearings Meeting of Tuesday, August 6, 2013, at 3:00 p.m.   Regular City Council Meeting of Tuesday, August 6, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on August 8, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on August 8, 2013 memo. Sponsor: Mayor/Finance 3. Report of Requests for Quotes for Fuel dated: August 5, 2013; #2 Dyed Diesel Fuel; 7,500 gallons; Harms Oil ($3.1867); Howes Oil ($3.2000); CHS, Inc. ($3.2300); Midwest Oil ($3.2990); Olson Oil, no bid. Bid awarded to: Harms Oil. Sponsor: Mayor/Planning and Building Services REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Kenny Anderson Jr. to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. PUBLIC INPUT Tim Stanga spoke regarding projects and appropriations done in the City of Sioux Falls. INTRODUCTION AND ADOPTION OF ORDINANCES Set a date of hearing and 2nd Reading for Tuesday, August 20, 2013, at 7:00 p.m. for Item 4: 4. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTERS 91 AND 150 OF THE CODE OF ORDINANCES OF THE CITY TO MODIFY AUTOMATIC FIRE-EXTINGUISHING PROVISIONS FOR MULTIFAMILY RESIDENCES, TO REVISE THE MEMBERSHIP QUALIFICATIONS FOR CERTAIN BOARDS IN CHAPTERS 55 AND 121, AND TO INSERT THE RESPONSIBLE POSITION FOR ADMINISTRATION OF CERTAIN LICENSES IN CHAPTER 110. Sponsor: Mayor/Planning and Building Services  A motion was made by Council Member Sue Aguilar and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, August 20, 2013, at 7:00 p.m. for Item 4. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, August 20, 2013, at 7:00 p.m. for Item 5: 5. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 131 “OFFENSES AGAINST THE PUBLIC” BY ADDING SECTION 131.007 “TICKET SCALPING,” WHICH WILL PROHIBIT TICKET SCALPING FOR TICKETS BEING SOLD ABOVE FACE VALUE. Sponsor: Mayor/Finance A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to set a date of hearing and 2nd Reading for Tuesday, August 20, 2013, at 7:00 p.m. for Item 5. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, September 10, 2013, at 7:00 p.m. for Item 6: 6. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF THE WEST 50 FEET OF A PERMANENT SANITARY SEWER EASEMENT LOCATED IN LOT 8 IN BLOCK 4 OF COUNTRY CLUB HEIGHTS SUBDIVISION OF TRACT 7 IN THE NW1/4 OF SECTION 30-T101N-R49W OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, September 10, 2013, at 7:00 p.m. for Item 6. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0.  Motion Passed. HEARINGS AND RESOLUTIONS 7. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF N. BLUE BELL LN. AS SHOWN ON EXHIBIT 1. Sponsor: Mayor/Public Works A motion was made by Council Member Greg Jamison and seconded by Council Member James Entenman to defer this item to the City Council Meeting on Tuesday, September 10, 2013, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 8. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF S. MINNESOTA AVE. AS SHOWN ON EXHIBIT A. Sponsor: Mayor/Public Works A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 56-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 56-13 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF S. MINNESOTA AVE. AS SHOWN ON EXHIBIT A. WHEREAS, a petition of the owners of Lot A Rogers Second Addn. Lincoln County, SD; Tr. B Lot 8 Blk. 12 Prairie Tree Addn. Lincoln County, SD; Lot AB1 NE1/4 Sec. 10-100-50 Lincoln County, SD, to the City of Sioux Falls, Lincoln County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on August 13, 2013, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has not been used for public travel in the last 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on a portion of S. Minnesota Ave. as shown on Exhibit A to the City of Sioux Falls, Lincoln County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 9. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF S. SUNNYMEADE CIR. AS SHOWN ON EXHIBIT A. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution No. 57-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 57-13 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF S. SUNNYMEADE CIR. AS SHOWN ON EXHIBIT A. WHEREAS, a petition of the owners of Tr. A Foster’s Subd. Lot 4 NW1/4 Sec. 11-100-50 Lincoln County, SD; Tr. B Lot 8 Blk. 12 Prairie Tree Addn. Lincoln County, SD; Lot AB1 NE1/4 Sec. 10-100-50 Lincoln County, SD, to the City of Sioux Falls, Lincoln County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on August 13, 2013, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has not been used for public travel in the last 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on a portion of S. Sunnymeade Cir. as shown on Exhibit A to the City of Sioux Falls, Lincoln County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 10. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Finance/Public Works A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution No. 58-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 58-13 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: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 4.50 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, 2014. 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, 2013, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2013. Lorie Hogstad City Clerk 11. 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: Finance/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution No. 59-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 59-13 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: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 4.50 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, 2014. 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, 2013, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2013. Lorie Hogstad City Clerk 12. 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: Finance/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution No. 60-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 60-13 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: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 4.50 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, 2014. 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, 2013, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2013. Lorie Hogstad City Clerk 13. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Finance/Public Parking A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Resolution No. 61-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 61-13 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: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 4.50 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, 2014. 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, 2013, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2013. Lorie Hogstad City Clerk 14. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Finance/Parks and Recreation A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to adopt said Resolution No. 62-13. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to amend said Resolution by removing the property located at 921 W. 7th Street from the assessment list. Vote to amend: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed.  Vote to adopt, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, Kermit L. Staggers, 1. Motion Passed. RESOLUTION NO. 62-13 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: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad 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 4.50 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, 2014. 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, 2013, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2013. Lorie Hogstad City Clerk 15. A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT A SELF-CHECKOUT SYSTEM TO VERMILLION PUBLIC LIBRARY. Sponsor: Mayor/Library A motion was made by Council Member Kenny Anderson Jr. and seconded by Council  Member Dean Karsky to adopt said Resolution No. 63-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 63-13 A RESOLUTION AUTHORIZING SIOUXLAND LIBRARIES TO GIFT A SELF-CHECKOUT SYSTEM TO VERMILLION PUBLIC LIBRARY. WHEREAS, Siouxland Libraries has declared as surplus a self-checkout system; and WHEREAS, the Vermillion Public Library located in Vermillion, South Dakota, finds it desirable to acquire the above-described surplus property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the gifting by Siouxland Libraries to the Vermillion Public Library of the following surplus property: Self-checkout system (City of Sioux Falls Asset No. 3011446) is hereby approved. Date adopted: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 12-13. ANNEXATION 2012-12-05, W. 12TH ST. AND N. ELLIS ROAD. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member James Entenman and seconded by Council Member Rex Rolfing to adopt said Resolution No. 64-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 64-13 ANNEXATION 2012-12-05—W. 12TH ST. AND N. ELLIS RD. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 12-13. WHEREAS, on February 19, 2013, the City Council of the City of Sioux Falls adopted Resolution No. 12-13 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, South Dakota. WHEREAS, on April 02, 2013, the City Council of the City of Sioux Falls adopted Resolution No. 24-13 to correct an error in the legal description. WHEREAS, the annexation map boundaries have been approved by the City Council. WHEREAS, the legal description as set forth in Resolution 12-13 and 24-13 was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 12-13 hereby is amended to read as follows: Tract 1 of Lakeside Addition in the South 1/2 of Section 16-101-50; a portion of the SW1/4 of Section 15-101-50 (excluding Bruns Tract 1, Tract 1 and Lot 5 Block 1 Crusherʼs Addition, and excluding an unplatted portion in the NW1/4 of the SW1/4 being 327' east to west and 1,061' north to south); including adjacent rights-of-way of Ellis Road and Highway 42, Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 17. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Jamison to adopt said Resolution No. 55-13. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. RESOLUTION NO. 55-13 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 Thomas Keller Board of Historic Appointed for a term from Preservation August 2013 to June 2014 (to fill the unexpired term of Sean Ervin). Elizabeth Schulze Board of Historic Appointed for a term from August Preservation 2013 to May 2015 (to fill the unexpired term of Ryan Streff). Gary Gaspar Business Improvement Reappointed for a term from District Board—Main Street August 2013 to August 2016. Loren Koepsell Business Improvement Appointed for a term from District Board—Main Street August 2013 to August 2016 (to replace Tom Bosch). Cindy Palleschi Business Improvement Appointed for a term from District Board—Main Street August 2013 to August 2016 (to replace Matt Gabbert). Lyle Pudwill Business Improvement Appointed for a term from District Board—Main Street August 2013 to August 2015 (to replace Susan Scott). Dave Syverson Business Improvement Appointed for a term from District Board—Main Street August 2013 to August 2015 (to replace Matthew Smith). Scott Hofer Infrastructure Review Appointed for a term from Advisory Board August 2013 to August 2016 (to replace Matt Carlson). Aaron Rietsema Orpheum Theater Advisory Appointed for a term from Board of Directors August 2013 to August 2016 (to replace Mary Lou Savold). Lyndsay DeMatteo Solid Waste Planning Board Appointed for a term from August 2013 to August 2016 (to replace Sarah Campbell). Date adopted: 08/13/13 . Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS Set a date of hearing for Tuesday, September 10, 2013, at 7:00 p.m. for Item 18: 18. A PROPOSED RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON E. 41ST ST. FROM S. CLEVELAND AVE. TO BNSF RAILROAD ROW AND S. CLEVELAND AVE. FROM BNSF RAILROAD ROW TO E. 41ST ST. Sponsor: Mayor/Public Works A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to set a date of hearing for Tuesday, September 10, 2013, at 7:00 p.m. for Item 18. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Dean Karsky and seconded by Council Member James Entenman to adjourn the meeting at 8:21. p.m. Mayor Huether called for a voice vote. All members voted yes. Motion Passed. Tamara Jorgensen, CMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.