City Council Meeting

MINUTES City Council Meeting Tuesday, August 13, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Regular City Council Meeting of Tuesday, August 5, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 9, 2019. 7. Report of Requests for Quotes for Fuel dated: August 2, 2019; Unleaded Ethanol (8,500 Gallons); #2 Dyed Diesel (7,500 Gallons); Midway Service ($2.0345 Unleaded & $1.948 Diesel); Farstad Oil ($2.0421 Unleaded & $1.9323 Diesel); Harms Oil, Coles,  Howes Oil, M.G. Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 8. Sioux Area Metro Report of Requests for Quotes for Fuel dated: August 5, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.243); Harms Oil, Howes Oil, CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 9. Report of Requests for Quotes for Fuel dated: August 6, 2019; 7,500 Gallons of #2 Dyed Diesel; Midway Service ($1.9199); Stern Oil ($1.9195); Farstad Oil ($1.895); Harms Oil, Cole’s Petroleum, CHS, Inc., Olson Oil, and Howes Oil, all no bid. Bid awarded to: Farstad Oil. 10. Approval of surplus property disposition on the memorandum dated July 31, 2019. REGULAR AGENDA 11. 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: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 12. PUBLIC INPUT Bruce Danielson spoke about a parking ramp and the Triple Check the Charter petition effort. Heather Pastor spoke about why she hasn't attended recent City Council meetings. David Zokaites spoke about a plan for a "Respite Park" Homeless Shelter. Joan McMillin spoke about her experience of circulating statewide petitions at the Festival of Cultures. Tim Stanga spoke about cleaning up the Whittier Neighborhood and the police. Cheryl Longseth spoke about the dangers of 5G. UNFINISHED BUSINESS 13. Special One-Day Liquor Licenses for TSlat Inc., to be operated at Sioux Falls Regional Airport Authority, 2801 Jaycee Lane, for the Sioux Falls Airshow on August 17-18, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve Item 13.  Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR FUNDING REPAIRS AND REPLACEMENTS FOR PARKS AND RECREATION FLOOD-RELATED DAMAGES. ($1,000,000) Recommendation: Set a date of 2nd Reading for Tuesday, August 20, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of hearing for Tuesday, August 20, 2019 for Item 14. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: RESTRICTIONS ON ISSUANCE OF MALT BEVERAGE RETAILER LICENSES; CONSUMPTION ON PUBLIC STREETS OR ALLEYS; AND REPEALING 111.031 REAPPLICATION. Recommendation: Set a date of 2nd Reading for Tuesday, August 20, 2019. A motion was made by Council Member Brekke and seconded by Council Member Neitzert to set a date of hearing for Tuesday, August 20, 2019 for Item 15. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 16. A RESOLUTION VACATING THE E. 63RD ST. N. RIGHT-OF-WAY FROM THE EAST RIGHT-OF-WAY LINE OF N. CLIFF AVE. TO APPROXIMATELY 466' EAST AS SHOWN ON EXHIBIT A. A motion was made by Council Member Brekke and seconded by Council Member Starr to defer Item 16 to Tuesday, September 3, 2019. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 17. A RESOLUTION VACATING THE EAST 44 FEET OF THE WEST 54 FEET OF THE SOUTH ALLEY IN BLOCK 2 OF PAULTON’S ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A.  A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 66-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 66-19 A RESOLUTION VACATING THE EAST 44 FEET OF THE WEST 54 FEET OF THE SOUTH ALLEY IN BLOCK 2 OF PAULTON’S ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Lot 25, except the West 10 feet of said lot conveyed to the City of Sioux Falls for public use for street and highways, in Block 2 of Paulton’s Addition to the City of Sioux Falls, Minnehaha County, South Dakota The West 14 feet of Lot 23 and the East 30 feet of Lot 24 in Block 2 of Paulton’s Addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on August 13, 2019, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the alley right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A 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, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. 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. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 67-19.  Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 67-19 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: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, 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, 2020. 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, 2019, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2019. Thomas Greco, City Clerk 19. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 68-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 68-19 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: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, 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, 2020. 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, 2019, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2019. Thomas Greco, City Clerk 20. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 69-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 69-19 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: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, 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, 2020. 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, 2019, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2019. Thomas Greco, City Clerk 21. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 70-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 70-19 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: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, 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, 2020. 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, 2019, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2019. Thomas Greco City Clerk 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. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 71-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 71-19 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: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, 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, 2020. 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, 2019, and that the entire assessment may be paid without interest to the City Finance Office on or before September 12, 2019. Thomas Greco, City Clerk 23. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ORDINANCE NO. 52-19. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 72-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 72-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ORDINANCE NO. 52-19. WHEREAS, on May 7, 2019, the City Council of the City of Sioux Falls adopted Ordinance 52-19 changing a street name; and WHEREAS, the legal descriptions set forth in Ordinance 52-19 were not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following legal descriptions replace those listed in Ordinance 52-19: 1) Lot 1 Block 1 Arrowhead Parkway Addition to the City of Sioux Falls 2) Lot 2 Block 1 Arrowhead Parkway Addition to the City of Sioux Falls 3) Lot 3 Block 1 Arrowhead Parkway Addition to the City of Sioux Falls 4) Lot 4 Block 1 Arrowhead Parkway Addition to the City of Sioux Falls 5) Lot 1 Block 2 Arrowhead Parkway Addition to the City of Sioux Falls 6) Lot 2 Block 2 Arrowhead Parkway Addition to the City of Sioux Falls and the N1/2 vacated Garfield Ave. lying adjacent thereto 7) Tract 1 Block 62A Capitol Hill Addition to Sioux Falls and the S1/2 vacated Garfield Ave. lying adjacent thereto 8) Block 63 Capitol Hill Addition to Sioux Falls and the vacated W1/2 Desoto Ave. lying adjacent thereto 9) Block 64 Capitol Hill Addition to Sioux Falls and the vacated E1/2 Desoto Ave. lying adjacent thereto Date adopted: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TRACTOR TO MAPLETON TOWNSHIP. A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Resolution No. 73-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 73-19 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT TRACTOR TO MAPLETON TOWNSHIP. WHEREAS, the City of Sioux Falls has declared as surplus a 1996 John Deere Boom Mower Tractor with the asset number of 2204080; and WHEREAS, Mapleton Township, Minnehaha County, 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 property described above is no longer necessary, useful, or suitable for the purpose for which it was acquired. That the gifting by the City of Sioux Falls to Mapleton Township, Minnehaha County, South Dakota, of the following surplus property:  1996 John Deere Boom Mower Tractor, asset number 2204080 is hereby approved. Date adopted: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 25. A RESOLUTION TO APPROVE A ROAD DISTRICT PETITION WITHIN THE CITY OF SIOUX FALLS AND LINCOLN COUNTY JOINT ZONING AND SUBDIVISION JURISDICTION. (Misty Brook Road District) A motion was made by Council Member Erickson and seconded by Council Member Starr to adopt Resolution No. 65-19. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 65-19 MISTY BROOK ROAD DISTRICT PETITION A RESOLUTION TO APPROVE A ROAD DISTRICT PETITION WITHIN THE CITY OF SIOUX FALLS AND LINCOLN COUNTY JOINT ZONING AND SUBDIVISION JURISDICTION. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL 31-12A-3, requesting that the territory described in the petition be included within the Misty Brook Road District; and WHEREAS, the property described within the Misty Brook Road District petition is within the City of Sioux Falls and Lincoln County Joint Zoning and Subdivision Jurisdictional area; and WHEREAS, SDCL 31-12A-5.1 requires that the road district petition within the Joint Subdivision area of a city must first be submitted to the municipality’s governing body for approval at its discretion, and upon approval shall be presented to the county board of commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Misty Brook Road District petition is approved and shall be forwarded to the Lincoln County Commission for their consideration. Date adopted: 08/13/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 26. A RESOLUTION RECOMMENDING THAT THE CITY INVESTIGATE A PILOT PROGRAM ALLOWING THOSE FINED FOR OVERTIME PARKING BE ALLOWED TO DESIGNATE PROJECT: SOS AS THE RECIPIENT OF THE FINED AMOUNT IN LIEU OF PAYMENT TO THE CITY.  A motion was made by Council Member Stehly and seconded by Council Member Starr to approve Item 26. A motion was made by Council Member Soehl and seconded by Council Member Erickson to amend by substituting the body of the resolution with the following text: "Urging Sioux Falls citizens and businesses to join together as One Sioux Falls, and get involved in Project: SOS by volunteering and/or donating school supplies. Whereas, The Banquet's Project: Supply Our Students, better known as "Project: SOS," has been a part of the Sioux Falls Community for over 30 years; and Whereas, more than six thousand new backpacks were distributed during the previous school year; and Whereas, the program is intended to help local families with limited resources get everything they need for back to school; and Whereas, Project: SOS is one of many vital non-governmental programs intended to help the least fortunate in our community. Whereas, the City Council thanks Mayor Paul TenHaken's call to city employees to volunteer on Saturday, August 17, 2019 at the Whittier Middle School school supply distribution event. Now, therefore, be it resolved by the City of Sioux Falls, SD: That the City Council urges Sioux Falls citizens and businesses to join together as One Sioux Falls, and get involved in Project: SOS by volunteering and/or donating school supplies. A motion was made by Council Member Starr and seconded by Council Member Stehly to appeal the Mayor's decision that the amendment is in order. It was ruled that the motion to amend was improper. A motion was made by Council Member Selberg and seconded by Council Member Erickson to defer Item 26 to Tuesday, August 20, 2019. Roll call vote to defer. 2 Yes: Selberg, Erickson; 6 No: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert. Motion Failed. Roll call vote to approve. 3 Yes: Starr, Stehly, Brekke; 5 No: Selberg, Soehl, Erickson, Kiley, Neitzert. Motion Failed. 27. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2020 STATE LEGISLATIVE SESSION. A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Item 27. A motion was made by Council Member Stehly and seconded by Council Member Soehl to amend by adding the following statement, "The Sioux Falls Council supports legislation to increase the student capacity at the South Dakota's Law Enforcement Training facility". Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Starr to amend by adding Item 19, The City Council supports legislation to expand the number of video lottery machines per location from 10 to 25 per license. Motion fails for lack of a second.  A motion was made by Council Member Starr and seconded by Council Member Erickson to amend by adding Item 19, "The City Council supports legislation to legalize the growth, production, and processing of industrial hemp in South Dakota". Roll call vote to amend. 7 Yes: Selberg, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 1 No: Soehl. Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Stehly to defer Item 27 to Tuesday, August 20, 2019. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by adding that the City of Sioux Falls allows the number of video lottery machines to be at 25. Roll call vote to amend. 3 Yes: Starr, Stehly, Brekke; 5 No: Selberg, Soehl, Erickson, Kiley, Neitzert. Motion Failed. A motion was made by Council Member Erickson and seconded by Council Member Selberg to defer to Tuesday, August 20, 2019. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. NOTICE OF HEARINGS FOR STREET VACATIONS 28. A RESOLUTION VACATING A PORTION OF THE N. HEALY LANE RIGHT-OF-WAY AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 3, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to set a date of hearing for Tuesday, September 3, 2019 for Item 28. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 29. A RESOLUTION VACATING THE EAST ROGERS CIRCLE RIGHT-OF-WAY EAST OF NORTH 4TH AVE. AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of hearing for Tuesday, September 3, 2019 for Item 29. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 30. A RESOLUTION VACATING THE N. 4TH AVE. RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. ROGERS CIR. TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE 90 AS SHOWN ON EXHIBIT A.  Recommendation: Set a date of hearing for Tuesday, September 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, September 3, 2019 for Item 30. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Brekke to adjourn at 9:45 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk