City Council Meeting

MINUTES Regular City Council Meeting Tuesday, September 3, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Pat Starr, Council Member Theresa Stehly, Council Member Rick Kiley, Council Member Christine M. Erickson, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: Council Member Janet Brekke 1. MEETING ROLL CALL 2. INVOCATION  Pastor Tim Valentine, Celebrate Church 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A request was made by Council Member Pat Starr to place Sub-Item 20 from Agenda Item 6 on the Regular Agenda for Council discussion (Parks/Recreation; Midco Aquatic Center Window Fans; To award an informal bid; Journey Construction; $45,797.35). See Agenda Item 6 for action taken. 5. APPROVAL OF MINUTES  Budget Hearing of Tuesday, August 20, 2019  City Council Meeting of Tuesday, August 20, 2019  Informational Meeting of Tuesday, August 27, 2019   Joint City Council/Minnehaha County Commission Meeting of Tuesday, August 27, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 30, 2019 A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Sub-Item 20 from Agenda Item 6. Roll call vote to approve. 6 Yes: Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. 7. Report of Requests for Quotes for Fuel dated: August 14, 2019; 8,500 Gallons of Unleaded Ethanol; Midway Service ($1.9667); Cole’s Petroleum ($1.9683); Harms Oil ($1.9744); Farstad Oil ($1.987); Stern Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 8. Report of Requests for Quotes for Fuel dated: August 16, 2019; #2 Dyed Diesel (4,000 Gallons), #2 Clear Diesel (550 Gallons), Unleaded Ethanol (650 Gallons), and Unleaded Ethanol (4,000 Gallons); Midway Service ($2.0037 Unleaded, 4,000 Gallons & $1.884 Dyed Diesel); Howes Oil ($1.875 Unleaded, 650 Gallons & $2.1975 Clear Diesel); Stern Oil, CHS, Inc., Farstad Oil, and Harms Oil, Cole’s Petroleum, Olson Oil, all no bid. Bid awarded to: Midway Service: Dyed Diesel & Unleaded, 4,000 Gallons; Howes Oil: Clear Diesel & Unleaded 650 Gallons. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: August 19, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.163); CHS, Inc., ($2.1725); Harms Oil, Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: August 21, 2019; 8,500 Gallons of Unleaded Ethanol; Farstad Oil: ($1.967); Harms Oil ($1.9543), Howes Oil, Stern Oil, Cole’s Petroleum, CHS, Inc., Midway Service, M.G. Oil, and Olson Oil, all no bid. Bid awarded to: Harms Oil. 11. Report of Requests for Quotes for Fuel dated: August 23, 2019; 4,500 Gallons of #2 Dyed Diesel and 3,500 Gallons of Unleaded Ethanol; Vollan Oil ($1.9018 #2 Diesel & $1.9495 Unleaded); Farstad Oil ($1.90 #2 Dyed Diesel & $1.947 for Unleaded); Harms Oil ($1.8874 for #2 Dyed Diesel & $1.9356 for Unleaded); Howes Oil, Cole’s Oil, Stern Oil, CHS, Inc., M.G. Oil, and Olson Oil all no bid. Bid awarded to Harms Oil. 12. Report of Requests for Quotes for Fuel dated: August 27, 2019; 4,000 Gallons of #2 Dyed Diesel; Stern Oil: ($1.8815); Farstad Oil: ($1.881); Cole’s Petroleum, Midway Service, Harms Oil, Howes Oil, CHS, Inc., M.G. Oil, and Olson Oil, all no bid. Bid awarded to: Farstad Oil. APPLICATIONS 13. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for a special event on September 26, 2019. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, September 17, 2019. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Plaza Inc. to be operated at 301 East Falls Parks Drive, for a social on September 24, 2019. 15. Set a date of hearing for Tuesday, September 17, 2019. Special One-Day Malt Beverage License for Saint Michaels Catholic Church Parish, 1600 South Marion Road, for a fundraiser on September 28, 2019. REGULAR AGENDA 16. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 17. PUBLIC INPUT James Reed spoke about assisting others in need. Heather Pastor spoke about her need for assistance. Steven Siano spoke about public funds being used for a private charity. Dwaine Schipper spoke about approving the city budget and the dollar amounts. UNFINISHED BUSINESS 18. Transfer of 2019 Retail Liquor and 2019 Package Liquor Licenses, including video lottery terminals, from Century Motels Inc., Ramada Inn & Suites, 1301 West Russell Street, to Jobu Hospitality LLC, Ramada Inn Waterpark, 1301 West Russell Street. 19. Transfer of 2019 Package Liquor License from Heineman Hospitality, Looks Market, 6213 Old Village Place, to 69th Street Looks Market LLC, 504 East 69th Street. Pending final inspections per Fire, Health and Building Services. 20. Transfer of 2019 Retail Liquor License from ERJ Dining IV LLC, Chili’s Grill & Bar, 3720 West 41st Street, to Brinker Restaurant Corporation, Chili’s Grill & Bar, 3720 West 41st Street. 21. New 2019 Retail Liquor License for Original Pancake House, 2715 West 41st Street (full service restaurant; CUP not required). 22. Special One-Day Malt Beverage and Special One-Day Wine License for Catering America to be operated at 2608 West Latigo Circle, for a special event on September 12, 2019. 23. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club (course only), 3101 West 22nd Street, for a PGA Tour Champions Event to be held September 15-22, 2019. 24. Special One-Day Liquor License for TSlat Inc., to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a special event on September 20, 2019. 25. Special One-Day Liquor License for TSlat Inc., to be operated at Avera On Louise, 6100 South Louise Ave, for a Grand Opening event on October 4, 2019. 26. Special One-Day Malt Beverage License for The Banquet, 2101 East 26th Street, for a fundraiser on October 10, 2019. 27. Special One-Day Wine License for University of South Dakota Foundation to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a fundraiser on September 28, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 18-27. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend Item 19 by replacing "504 E. 69th Street" with "500 E. 69th Street". Roll call vote to amend. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 28. 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 Kiley and seconded by Council Member Selberg to adopt Ordinance No. 86-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 430 W. 11TH ST. FROM THE C-2 COMMERCIAL—  NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 10672-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Soehl and seconded by Council Member Erickson to adopt Ordinance No. 87-19. Roll call vote to adopt. 6 Yes: Starr, Kiley, Erickson, Neitzert, Selberg, Soehl; 1 No: Stehly. Motion Passed. A motion was made by Council Member Stehly and seconded by Council Member Starr to defer this item to the City Council Meeting of Tuesday, September 17, 2019. Roll call vote to defer. 2 Yes: Starr, Stehly; 5 No: Kiley, Erickson, Neitzert, Selberg, Soehl. Motion Failed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1320 N. ARCHER DR. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 10627-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 88-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4800 N. CLIFF AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10584-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 89-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4400 N. SEUBERT LN. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10587-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Ordinance No. 90-19.  Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4600 N. CLIFF AVE. FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10586-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 91-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 900 E. 56TH ST. N. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10585-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 92-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 35. 1st Reading: AN ORDINANCE APPROVING THE CABLE SYSTEM FRANCHISE RENEWAL AGREEMENT BETWEEN MIDCONTINENT COMMUNICATIONS AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH AUTHORIZING THE MAYOR TO SIGN THE SAME. Recommendation: Set a date of 2nd Reading for Tuesday, September 10, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, September 10, 2019 for Item 35. Roll call vote to set a date of 2nd Reading. 6 Yes: Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Starr was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE DESIGN AND CONSTRUCTION OF A DOG PARK. Recommendation: Set a date of 2nd Reading for Tuesday, September 10, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, September 10, 2019 for Item 36.  Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A SPACE ON FORT SOD PARK AND AUTHORIZING THE MAYOR TO SIGN A CONDITIONAL GIFTING AGREEMENT FOR A CASH GIFT TO REDEVELOP SPACE ON FORT SOD PARK. Recommendation: Set a date of 2nd Reading for Tuesday, September 10, 2019. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, September 10, 2019 for Item 37. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 38. Deferred from the meeting of Tuesday, August 13, 2019; 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 Neitzert and seconded by Council Member Starr to approve Item 38. A motion was made by Council Member Neitzert and seconded by Council Member Starr to defer this Item to the City Council Meeting on Tuesday, September 10, 2019. Roll call vote to defer. 5 Yes: Starr, Kiley, Neitzert, Selberg, Soehl; 2 No: Stehly, Erickson. Motion Passed. 39. A RESOLUTION VACATING A PORTION OF THE N. HEALY LANE RIGHT-OF-WAY AS SHOWN ON EXHIBIT A. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 79-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 79-19 A RESOLUTION VACATING A PORTION OF THE N. HEALY LANE RIGHT-OF-WAY 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: Tract 1 of DMI Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2 of DMI Addition to the City of Sioux Falls, Minnehaha County, SD WHEREAS, the hearing was held on September 3, 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 N. Healy Lane right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, 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: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 40. A RESOLUTION VACATING THE EAST ROGERS CIRCLE RIGHT-OF-WAY EAST OF NORTH 4TH AVE. AS SHOWN ON EXHIBIT A. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 80-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 80-19 A RESOLUTION VACATING THE EAST ROGERS CIRCLE RIGHT-OF-WAY EAST OF NORTH 4TH AVE. 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: Tract 1 of DMI Addition to the City of Sioux Falls, Minnehaha County, SD The South 600' of Interstate Tract No. 2 of the Southeast Quarter (SE1/4) of Section 28, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD Lot 1 and Lot 2 in Block 5 of Rogers Subdivision No. 2 in the Southeast Quarter (SE1/4) of Section 28, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD WHEREAS, the hearing was held on September 3, 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 E. Rogers Cir. right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, 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: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 41. 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. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 81-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 81-19 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. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Tract 1 of DMI Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lot 1 of Wartenhorst’s Tract No. 1 in the Southwest Quarter (SW1/4) in Section 28, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota WHEREAS, the hearing was held on September 3, 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 N. 4th Ave. 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: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 42. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 10706- 2019— Orcutt’s Addition A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 82-19. Roll call vote to adopt. 6 Yes: Starr, Stehly, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Erickson was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 82-19 ANNEXATION 10706-2019— Orcutt’s Addition A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. 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 Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed to comply with the stipulations set forth in City Ordinance Section 153.001; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan Development. 3. There is access to the major street network along S. Ellis Rd. 4. Sewer is available to the site immediately. 5. Water service is available to the site immediately. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory.  Tract 1 of Orcutt’s Addition in the NE1/4 of Section 21, Township 101 N., Range 50 W. of the 5th P.M. and adjacent S. Ellis Road right-of-way, Minnehaha County, SD. The entire portion of unincorporated S. Ellis Road. right-of-way from the existing city limits (at the intersection of W. 12th St. and S. Ellis Road) south and to the edge of the annexation area (approximately 322 feet south of the centerline of W. 12th St.. as it intersects with S. Ellis Road) in the NW1/4 of the NW1/4 of Section 22, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, SD, and adjacent to but not including the following properties: Tract 1 of Wittelms 2nd Addition in the NW1/4 of the NW1/4 of Section 22, Township 101 N., Range 50 W. of the 5th P.M., Minnehaha County, SD, AND Tract 1 of Wittelms Addition, Except East 30 feet, in the NW1/4 of the NW1/4 of Section 22, Township 101 N., Range 50 W. of the 5th P.M., Minnehaha County, SD, AND Tract 2 of Wittelms 2nd Addition in the NW1/4 of the NW1/4 of Section 22, Township 101 N., Range 50 W. of the 5th P.M., Minnehaha County, SD, AND N1/2 of the S1/2 in the NE1/4 and the NE1/4 of the NE1/4, Except Lot H-1 and H-3 and Except East 165 feet of the West 300 feet of the North 285 feet and Except the North 285 feet of the East 445 feet of the West 745 feet and Except West 133 feet of the North 281 feet and Except Tract 1 of Orcutt’s Addition, of Section 21, Township 101 N., Range 50 W. of the 5th P.M., Minnehaha County, SD. 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: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 10909-2019—Arboretum and South Arrowhead Park Area A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 83-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 83-19 ANNEXATION 10909-2019—Arboretum and South Arrowhead Park Area A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 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 Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is either access to the major street network along E. Arrowhead Parkway. 4. Sewer is currently at the site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals set forth above are hereby made part of this resolution and incorporated herein as if fully set forth. That the map attached to and made part of this resolution entitled, “Annexation Area” is hereby approved and incorporated herein as if fully set forth. BE IT FURTHER RESOLVED: That the following described properties hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Part of the SE1/4 of the NW1/4 Lying South of Lots H-1, H-2, and H-3, Except 16.5 Acres Dedicated for Public and Except Lot H-2, of Section 28, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 and S. Riverview Ave. right-of-way, Minnehaha County, SD; AND Tract 4, Except Lot H-3, of G H Perry Addition in the N1/2 of Section 28, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 right-of-way, Minnehaha County, SD; AND Block 11 of Riley’s Addition to East Sioux Falls in Split Rock Township of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; AND Tract 1 of Iverson Park Addition in the SW1/4 of Section 21, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; AND Tract 5 of G H Perry Addition in the N1/2 of Section 28, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 right-of-way, Minnehaha County, SD; AND Tract 1 of Funke Addition, an addition in the NE1/4 of Section 28, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 and S. Riverview Ave. right-of-way, Minnehaha County, SD;  Tract 12 of Perry Warren Estate Addition in the NE1/4 of Section 28, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 right-of-way, Minnehaha County, SD; AND Block 1 of O’Hanlons Addition to East Sioux Falls in Split Rock Township of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; AND Block 2 of O’Hanlons Addition to East Sioux Falls in Split Rock Township of Section 28, Township 101 North, Range 48 West of the 5th P.M., SD; AND Tract B of Block 3 of O’Hanlons Addition to East Sioux Falls in Split Rock Township of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; AND Block 8 of O’Hanlons Addition to East Sioux Falls in Split Rock Township of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; AND Block 9 of O’Hanlons Addition to East Sioux Falls in Split Rock Township of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; 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: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 10968-2019—North Arrowhead Park Area. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 84-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 84-19 ANNEXATION 10968-2019—North Arrowhead Park Area A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. 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 Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is either access to the major street network along E. Arrowhead Parkway. 4. Sewer is currently at the site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the recitals set forth above are hereby made part of this resolution and incorporated herein as if fully set forth. That the map attached to and made part of this resolution entitled, “Annexation Area” is hereby approved and incorporated herein as if fully set forth. BE IT FURTHER RESOLVED: That the following described properties hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 8, Except Weir’s Lot 1, of Perry Warren Estate Addition in the NE1/4 of Section 29, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 right-of-way, Minnehaha County, SD; AND Tract 9 of Perry Warren Estate Addition in the NE1/4 of Section 29, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 right-of-way, Minnehaha County, SD; AND Tract 10 of Perry Warren Estate Addition in the NE1/4 of Section 28, Township 101 North, Range 48 West of the 5th P.M. including any adjacent E. Highway 42 right-of-way, Minnehaha County, SD; AND Weir’s Lot 1 of Tract 8 of Perry Warren Estates in the NE1/4 of Section 29, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD; The entire portion of unincorporated E. Highway 42 right-of-way from the existing city limits (at the intersection of 26th St. and E. Arrowhead Parkway) south and east to the edge of the annexation area just west of the Big Sioux River (approximately 2,224 feet west of the centerline of E. Highway 42 as it intersects with 481st Ave.) in the SE1/4 of Section 20 and the NW1/4 of Section 28, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD, and adjacent to but not including the following properties: Lot 12 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND  Lot 13 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND Lot 14 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, South Dakota; AND Lot 15 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND Lot 16 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND Lot 17 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND Lot 18 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P. M. Minnehaha County, SD; AND Tract 2 of Willow Ridge Estates in the SE1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND Tract 10 of Perry Warren Estates in the NW1/4 of Section 28, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND Lot X in Tract 3 of Perry Warren Estates in the NW1/4 of Section 28, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; 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: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SUMP PUMP EASEMENT LOCATED IN LOT 7, BLOCK 3 OF WHISPER RIDGE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 78-19. Roll call vote to adopt. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 78-19 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT SUMP PUMP EASEMENT LOCATED IN LOT 7, BLOCK 3 OF WHISPER RIDGE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs a permanent sump pump easement area 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; and WHEREAS, the permanent sump pump easement was established by plat and filed in Book 12 of Plats on page 51 in the office of the Register of Deeds for Lincoln County, SD, on April 4, 2018; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent sump pump easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 7, Block 3 of Whisper Ridge Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Neitzert to adjourn the meeting at 9:10 p.m. Voice vote to adjourn. 7 Yes: Starr, Stehly, Kiley, Erickson, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk