City Council Meeting

MINUTES City Council Meeting Tuesday, June 18, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Austin White, Celebrate Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Council Member Pat Starr asked that Items 12-15 be placed on the Regular Agenda for discussion. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 11, 2019  City Council Meeting of Tuesday, June 11, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 14, 2019. 7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: June 6, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.092); Harms Oil ($2.1039); Howes Oil, CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 8. Report of Requests for Quotes for Fuel dated: June 7, 2019; Unleaded Ethanol (8,500 Gallons); #2 Dyed Diesel (7,500 Gallons); Farstad Oil ($2.0043 Unleaded & $1.8485 Diesel); Midway Service, Harms Oil, Stern Oil, Howes Oil, Cole’s Petroleum, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 9. Report of Requests for Quotes for Fuel dated: June 10, 2019; #2 Dyed Diesel (900 Gallons); Midway Service ($1.98); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. APPLICATIONS 10. Amend New 2018-19 Retail Malt Beverage and SD Farm Wine License, approved on May 7, 2019, for 777 Casino, 5237 West 26th Street, by changing the license to a 2019- 20 Retail Malt Beverage and SD Farm Wine License. 11. Various Retail Malt Beverage renewals for 2019-2020 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit D. The following abatements are recommended for denial by the Minnehaha County Director of Equalization: 12. Davis, Cara Lee Living Trust & Donald L. Davis Credit Trust, 4323 Townpark Pl., Parcel #39764, for 2010 property taxes in the amount of $1,894.41. Reason: Qualified for surviving spouse of P&T veteran, but missed the application deadline. 13. Davis, Cara Lee Living Trust & Donald L. Davis Credit Trust, 4323 Townpark Pl., Parcel #39764, for 2011 property taxes in the amount of $1,431.69. Reason: Qualified for surviving spouse of P&T Veteran but missed the application deadline. 14. Davis, Cara Lee Living Trust & Donald L. Davis Credit Trust, 4323 Townpark Pl., Parcel #39764, for 2012 property taxes in the amount of $1,504.77. Reason: Qualified for surviving spouse of P&T veteran but missed the application deadline. 15. Davis, Cara Lee Living Trust & Donald L. Davis Credit Trust, 4323 Townpark Pl., Parcel #39764, for 2013 property taxes in the amount of $1,560.97. Reason: Qualified for surviving spouse of P&T veteran but missed the application deadline. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to recommend denial for Items 12-15. Roll call vote to recommend denial. 6 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 2 No: Stehly, Starr. Motion Passed. NOTICE OF HEARINGS 16. Set a date of hearing for Tuesday, July 2, 2019. Transfer of 2019 Retail Wine and Cider License from Ovations Food Services Inc., Orpheum Theatre, 315 North Phillips Avenue, to Washington Pavilion Management Inc., Orpheum Theatre, 315 North Phillips Avenue. 17. Set a date of hearing for Tuesday, July 2, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Washington Pavilion Management Inc., Orpheum Theatre, 315 North Phillips Avenue. 18. Set a date of hearing for Tuesday, July 2, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Abelardo’s Mexican Food, 1200 South Minnesota Avenue, with Conditional Use Permit (10325-2019) being approved on June 5, 2019. 19. Set a date of hearing for Tuesday, July 2, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Covert Artisan Ales, 605 South Watson Avenue, Suite 130 (CUP not required). 20. Set a date of hearing for Tuesday, July 2, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for 49er, 3501 West 49th Street (CUP not required). 21. Set a date of hearing for Tuesday, July 2, 2019. New 2019 Retail Wine and Cider License, requesting off-sale use only, for Fleet Farm, 3705 North Northview Avenue (CUP not required). 22. Set a date of hearing for Tuesday, July 2, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for The Bonus Round Bar, 127 West 10th Street (CUP not required). 23. Set a date of hearing for Tuesday, July 2, 2019. Special One-Day Wine License for Butterfly House & Aquarium, 4320 South Oxbow Avenue for an After Dark Experience Tour on July 12, 2019. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 25. PUBLIC INPUT  Vince Bartmann spoke about adding flags at the Multi Cultural Center which represent the nine tribes of South Dakota; he requested adding doggie poo drop off signs at Falls Park; bringing the laser show back to Falls Park; and requested the addition of a POW/MIA flag in the Council Chambers. Arnold Marshall spoke about transition opportunities for immigrants coming to the City. Clara Hart spoke about life as a refugee and invited Council Members to acknowledge refugees at World Refugee Day event on Thursday, June 20, 2019, to be held at the First Lutheran Church, 327 S. Dakota Avenue. John Cunningham spoke about the form of government in Sioux Falls and the functions of the Internal Audit department. Dwaine Schipper spoke about water rates and profit margins. Steven Siano spoke about his disabilities and his experiences with the Veterans Administration. UNFINISHED BUSINESS Items 12-15 were heard at this time. See items for action taken. 26. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Crown Casino East II, 2417 East 10th Street, with Conditional Use Permit (8109-2018) being approved on March 7, 2018. Pending final inspections per Building Services. 27. Request to add video lottery terminals with the 2019-20 Retail Malt Beverage/SD Farm Wine License for Crown Casino East II, 2417 East 10th Street, with Conditional Use Permit (8109-2018) being approved on March 7, 2018. Pending final inspections per Building Services. 28. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Napolitano Pizza Concepts, 2300 South Minnesota Avenue, Suite B, with Conditional Use Permit (9222-2018) being approved on October 13, 2018. Pending final inspections per Fire, Health and Building Services. 29. Special One-Day Malt Beverage License for El Riad Shriners to be held at Nyberg’s Ace parking lot, 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between First and Second Avenue, for Hot Classics Night on July 27, 2019. 30. Special One-Day Malt Beverage and Special One-Day Wine and Special One Day Off– Sale Wine Licenses for Catholic Community Foundation for Eastern South Dakota to be operated at Avera IT parking lot, 212 East 11th Street, for a fundraiser on August 24, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve Items 26-30.  Roll call vote to approve. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 65-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE DEFINITION OF E-BICYCLES AND OPERATION OF CERTAIN E-BICYCLES IN THE SAME MANNER AS BICYCLES. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 66-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 116: PAWNBROKERS AND DEALERS IN PRECIOUS METALS AND GEMS TO REMOVE REFERENCE TO GUN DEALERS FROM SEPARATE CONSIDERATION. A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 67-19. Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. ORDINANCE FIRST READINGS 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 110: LICENSES TO REMOVE REFERENCE TO GUN DEALERS FROM SEPARATE CONSIDERATION. Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, July 2, 2019 for Item 34.  Roll call vote to set a date of hearing. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 41ST ST. AND EAST OF S. GRINNELL AVE. FROM THE O OFFICE AND CN CONSERVATION DISTRICTS TO THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN, RCD RESIDENTIAL CLUSTER DEVELOPMENT PLANNED UNIT DEVELOPMENT, AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO. 10101-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (4-0) with the following conditions: 1. Development in the RD-1 Zoning District be limited to the following forms: AD1 (Attached Dwelling-Suburban Twin Home/Duplex) and AD2 (Attached Dwelling-Suburban Four-Unit Townhome). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of hearing for Tuesday, July 2, 2019 for Item 35. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 510 S. 5TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10261-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of hearing for Tuesday, July 2, 2019 for Item 36. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND EAST OF S. BAHNSON AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 10320-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Selberg and seconded by Council Member Stehly to set a date of hearing for Tuesday, July 2, 2019 for Item 37. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1303 S. PHILLIPS AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10330-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of hearing for Tuesday, July 2, 2019 for Item 38. Roll call vote to set a date of hearing. 7 Yes: Stehly, Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1702 S. PHILLIPS AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 10361-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of hearing for Tuesday, July 2, 2019 for Item 39. Roll call vote to set a date of hearing. 7 Yes: Stehly, Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. CATTAIL DR. AND WEST OF E. RED OAK DR. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 10356-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, July 2, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, July 2, 2019 for Item 40. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. MCPD-19-02 TO CHAPTER 159.240, PLANNED DEVELOPMENT DISTRICTS, TO ALLOW RETAIL SALES AND TRADE, WHOLESALE, PERSONAL SERVICES, COMMUNICATION FACILITIES, AND WAREHOUSING IN SUBAREA F OF THE PERRY PLANNED DEVELOPMENT  DISTRICT ON THE PROPERTY LEGALLY DESCRIBED AS TRACT 1 (EX. LOTS 1 & 2) JEANNE'S ADDITION, NE 1/4 SE 1/4; ALL IN SECTION 28-T101N-R48W. Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, June 25, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for Tuesday, June 25, 2019, for the Joint City Council/Minnehaha County Commission Meeting for Item 41. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 42. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND SIOUX EMPIRE LEADERSHIP COUNCIL. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 57-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 57-19 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND SIOUX EMPIRE LEADERSHIP COUNCIL. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following City Council appointments: Name Board Term Pat Starr SECOG Appointed for a term from July 2019 until May 2020. Theresa Stehly SECOG Appointed for a term from July 2019 until May 2020. Jim David SECOG Appointed for a term from July 2019 until May 2020, as an alternate. Greg Neitzert UDC Appointed for a term from July 2019 until May 2020. Rick Kiley UDC Appointed for a term from July 2019 until May 2020. Pat Starr UDC Appointed for a term from July 2019 until May 2020. Janet Brekke UDC Appointed for a term from July 2019 until May 2020. David Bixler and UDC Appointed for a term from July 2019 until May 2020, Jim David as alternates. Rick Kiley Sioux Empire Appointed for a term from July 2019 until May 2020. Leadership Council Christine Erickson Sioux Empire Appointed for a term from July 2019 until May 2020, Leadership Council as an alternate. Date adopted: 06/18/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF R.B. FLOWERFIELDS ADDITION. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 58-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 58-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF R.B. FLOWERFIELDS ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of R.B. Flowerfields Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 06/18/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 59-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 59-19 A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. WHEREAS, the City owns the real property with legal description of: S 32' W1/2 10 & W1/2 11 & LOT 12 BLK 11 GERRISH & LORD'S ADDN TO CITY OF SIOUX FALLS, commonly known as 1504 W 29th Street; SF-SUNDOWN ESTATES LOT 1 - BLK 3, commonly known as 5405 S Southwind Ave; and S.F LINCOLN HIGHLANDS LOT 27 - BLK 13, commonly known as 5404 S Sundowner Ave. WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; WHEREAS, the real property described above was acquired by the City as part of a voluntary buyout program offered to homeowners whose homes are frequently impacted by flooding for the purpose of assisting such homeowners and creating additional green space within the city; WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the structures on the following real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired: S 32' W1/2 10 & W1/2 11 & LOT 12 BLK 11 GERRISH & LORD’S ADDN TO CITY OF SIOUX FALLS, commonly known as 1504 W 29th Street; SF-SUNDOWN ESTATES LOT 1 - BLK 3, commonly known as 5405 S Southwind Ave; and S.F LINCOLN HIGHLANDS LOT 27 - BLK 13, commonly known as 5404 S Sundowner Ave. Section 2. The above-described structures and personal property shall be demolished, destroyed, and removed from the real property. Section 3. To the extent that any personal property on or within the properties referenced above can be salvaged, the Mayor on behalf of the City may, by separate agreement in the form of attached Exhibit A, authorize Habitat for Humanity of Greater Sioux Falls, a South Dakota nonprofit corporation, at their sole expense and liability to access the structures and salvage any personal property that would have otherwise been destroyed. Section 4. The City shall not require Habitat for Humanity of Greater Sioux Falls to pay for the salvaged property and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 06/18/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Stehly to adjourn the meeting at 7:55 p.m. Voice vote to adjourn. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk