City Council Meeting

MINUTES Regular City Council Meeting Tuesday, December 3, 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 A moment of silence was held for former City Council Member Kermit Staggers. 2. INVOCATION Mayor Paul TenHaken 3. PLEDGE OF ALLEGIANCE Council Members provided reflections on Staggers' service to the City of Sioux Falls. TenHaken recognized Cub Scout Troop 371, Den 3 in the audience. 4. AWARDS & RECOGNITIONS  2019 Sioux Falls Beautification Excellence Award for Residential - Home and Yard Patricia and Terry Comstock - 1013 W. Tradewinds Street  2019 Sioux Falls Beautification Excellence Award for Non-residential Raven Industries - 205 E. 6th Street CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA  A request was made by Council Member Janet Brekke to place Sub-Item15 from Agenda Item 7 on the Regular Agenda for Council discussion. See Item 7 for action taken. 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. 6. APPROVAL OF MINUTES  Informational Meeting of Monday, November 18, 2019  City Council Meeting of Monday, November 18, 2019  Informational Meeting of Tuesday, November 26, 2019  Joint Council Meeting - Minnehaha County of Tuesday, November 26, 2019 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated November 29, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Item 15, City Attorney, Legal Services, provide legal opinion to the City regarding the City's retention Policy, Boyce Law Firm, L.L.P., not to exceed $1,500.00. Roll call vote to approve. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Dr. Dave Kapeska. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: November 13, 2019; 7,593 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Harms Oil: #1 Clear Diesel ($2.7043) and #2 Clear Diesel ($2.3396); Parkland USA/SPF Energy Inc. /Farstad Oil, Howes Oil, CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 10. Report of Requests for Quotes for Fuel dated: November 13, 2019; Dyed Diesel #1 (2, 450 Gallons) Dyed Diesel #2 (2,450 Gallons) Unleaded (2,300 Gallons), DEF(1,000 Gallons): Vollan Oil (Dyed Diesel #1 $2.3954, Dyed Diesel #2 $2.0368, Unleaded $1.9926, DEF $.89), Cole’s Petroleum (Dyed Diesel #1 $2.457, Dyed Diesel #2 $2.06, Unleaded $2.005, DEF no bid), Harms Oil (Dyed Diesel #1 $2.4105, Dyed Diesel #2 $2.0488, Unleaded $2.0144) Howes Oil (DEF $1.049); Stern Oil, CHS, Inc., Farstad Oil, Olson Oil, all no bid. Bid awarded to: Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: November 14, 2019; Unleaded Ethanol (2,000 Gallons); Vollan Oil (Unleaded $2.0727), Cole’s Petroleum (Unleaded $2.0940), Howes Oil (Unleaded $2.0495); Harms Oil, Stern Oil, CHS, Inc., Farstad Oil, Olson Oil, all no bid. Bid awarded to: Vollan Oil. 12. Sioux Area Metro Report of Requests for Quotes for Fuel dated: November 16, 2019; 7,593 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil (#1 Clear diesel ($2.721) & #2 Clear Diesel ($2.310)); Harms Oil, Howes Oil, CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 13. Report of Requests for Quotes for Fuel dated: November 18, 2019; Unleaded (3,000 Gallons): Cole’s Petroleum (Unleaded $2.0132), Vollan Oil (Unleaded $2.0217), Harms Oil (Unleaded $2.0977); Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 14. Report of Requests for Quotes for Fuel dated: November 22, 2019; Unleaded Ethanol E10 (2,000 Gallons); Unleaded Ethanol E30 (2,500 Gallons); Farstad Oil ($1.9880 Unleaded E10 & $1.9600 Unleaded E30); Vollan Oil ($2.0242 Unleaded E10 & $1.9500 Unleaded E30 &). Olson Oil, Coles Petroleum, CHS Inc, Stern Oil, Howes Oil, Harms Oil, all no bid. Bid awarded to: Farstad Oil. 15. Report of Requests for Quotes for Fuel dated: November 25, 2019; Unleaded (11,000 Gallons), Dyed Diesel #1 (6,250 Gallons), Dyed Diesel #2 (6,250 Gallons); Cole’s Petroleum, Unleaded ($1.97), Dyed Diesel #1 ($2.655), Dyed Diesel #2 ($2.25), Harms Oil, Unleaded ($2.0068), Dyed Diesel #1 ($2.4769), Dyed Diesel #2 ($2.0793); Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum and Harms Oil. APPLICATIONS 16. Special One-Day Liquor License for Washington Pavilion Management Inc., 301 South Main Avenue, for a reception on December 21, 2019. 17. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2020 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, December 17, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine and Cider License for CSB Inc., The Keg East, 5216 East Arrowhead Parkway, with Conditional Use Permit (11065- 2019) being approved October, 2, 2019. 19. Set a date of hearing for Tuesday, December 17, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for CSB Inc., The Keg East, 5216 East Arrowhead Parkway. 20. Set a date of hearing for Tuesday, December 17, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine and Cider License for SRS  Inc., East Connexions, 3233 South Sycamore Avenue, with Conditional Use Permit (11272-2019) being approved on November 6, 2019. 21. Set a date of hearing for Tuesday, December 17, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for SRS Inc., East Connexions, 3233 South Sycamore Avenue. 22. Set a date of hearing for Tuesday, December 17, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. 23. Set a date of hearing for Tuesday, December 17, 2019. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. 24. Set a date of hearing for Tuesday, December 17, 2019. Transfer of 2019 Retail Liquor License from K & P Enterprises Inc., The Club, 3301 East 26th Street, Suite 125, to MG Oil Company, Liebrary Bar 2, 5108 South Marion Road, Suite 100. 25. Set a date of hearing for Tuesday, December 17, 2019. Request to include video lottery terminals with the Transfer of 2019 Retail Liquor License for MG Oil Company, Liebrary Bar 2, 5108 South Marin Road, Suite 100. 26. Set a date of hearing for Tuesday, December 17, 2019. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars to be operated at Sanford Event Barn, 2510 East 54th Street North, for a events on December 18, 2019 and January 17 and February 7, 2020. REGULAR AGENDA 27. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Selberg 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. 28. PUBLIC INPUT Christopher Bruce spoke about the 5G network. Elizabeth Bruce spoke about her husband's incarceration. Catherine Riffle spoke about the homeless situation in the City of Sioux Falls. Bruce Danielson spoke about contracts on the Consent Agenda. David Zokaites spoke about the bike trail design and flooding.  J.J. Johnson spoke about her non-profit, Katie's Open Door, that helps homeless and displaced people in Sioux Falls. Tim Stanga spoke about his experiences with Kermit Staggers, activity at the legislature and snow removal. Sierra Broussard spoke about human trafficking in Sioux Falls. Steven Siano spoke about Kermit Staggers and serving his fellow people. Sub Item 15, from Item 7, was heard at this time, see item for action taken. UNFINISHED BUSINESS 29. Deferred from the meeting of Monday, November 18, 2019; 2020 Renewal of Package Liquor License for Walia Convenience Store, 812 E. Tenth St. Pending motion from the meeting of November 18, 2019: A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the 2020 Renewal of a Package Liquor License for Walia Convenience Store, 812 E. Tenth St. 30. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine and Cider License for OG Greens LLC, OG Greens, 421 North Phillips Avenue, Suite 111 (CUP not required). Pending final inspections per Building Services. 31. Transfer of 2019 Retail Liquor License and 2019 Package Liquor License from Vanguard Hospitality LLC, Minerva’s, 301 South Phillips Avenue, to Vanguard Hospitality I, Minerva’s, 301 South Phillips Avenue. 32. Transfer of 2019 Retail Liquor License and 2019 Package Liquor License from Vanguard Hospitality LLC, Grille26, 1716 South Western Avenue, to Vanguard Hospitality II, Grille26, 1716 South Western Avenue. 33. Transfer of 2019 Retail Liquor License and 2019 Package Liquor License from Vanguard Hospitality LLC, Morrie’s, 2507 South Shirley Avenue, to Vanguard Hospitality III, Morrie’s, 2507 South Shirley Avenue. 34. Transfer of 2019 Retail Liquor License from Vanguard Hospitality LLC, Turks & Caicos Cabana, 5001 South Western Avenue, to Vanguard Hospitality IV, Turks & Caicos Cabana, 5001 South Western Avenue. 35. Transfer of 2019 Retail Liquor License from T180 Development LLC, Tavern 180, 2101 West 69th Street, Suite 107, to T180 SF LLC, Tavern 180, 2101 West 69th Street, Suite 107. 36. New 2018 Package Liquor Delivery License for Williquors Inc, Williquors, 3625 West Avera Drive. 37. New 2019-20 Retail Malt Beverage License/SD Farm Wine License and 2020 Retail Wine and Cider License for Thunder Road of Sioux Falls, 201 North Kiwanis Avenue (CUP not required). Pending final inspections per Building Services. 38. Special 1-day Malt Beverage and Special 1-day Wine License for the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue, for a Chef Cook-off on December 7, 2019. 39. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2020 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. A motion was made by Council Member Erickson and seconded by Council Member Kiley to defer Item 29 to the City Council Meeting on Tuesday, December 17, 2019. Roll call vote to defer. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Starr to approve Items 30-39. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend Item 36 by changing "2018" to "2020". Roll call vote to amend. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 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 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 47TH ST. AND EAST OF S. WESTERN AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 11297-2019, 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. 116-19. Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Starr; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 12TH ST. AND WEST OF S. ELLIS RD. FROM  THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS, NO. 11271-2019, 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 Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 117-19. Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Starr; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3920 S. HAWTHORNE AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE O OFFICE DISTRICT, NO. 11270-2019, 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 Selberg and seconded by Council Member Kiley to adopt Ordinance No. 118-19. Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Starr; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED WEST OF HIGHWAY 11 AND SOUTH OF E. 57TH ST. FROM THE AG AGRICULTURE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 11237-2019, 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 Kiley and seconded by Council Member Erickson to adopt Ordinance No. 119-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NE CORNER OF W. MADISON ST. AND N. VALLEY VIEW RD. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, O OFFICE, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS, NO. 11135-2019, 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 Kiley to adopt Ordinance No. 120-19.  Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE AND DEVELOPMENT AGREEMENT. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Ordinance No. 121-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING AN OPTION TO PURCHASE. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 122-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AN EASEMENT TO SPRINT COMMUNICATIONS COMPANY, L.P. A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Ordinance No. 123-19. A motion was made by Council Member Brekke and seconded by Council Member Soehl to amend by replacing the first sentence in Section 2 with the following: "That the Mayor is authorized to execute such easement after it is ratified and executed by Sprint Commnications, L.P., which is to be substantially the form on file with the City on on the date hereof, as amended by changing the language in the Exhibit from 55.40' to 53.00' and changing 17.55' to 21.42'. The easement shall be filed with the City Clerk and recorded with the Minnehaha County Register of Deeds". Roll call vote to amend. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Soehl, Starr; 0 No: (None). Motion Passed. Selberg was not present for the vote on this motion. 48. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Ordinance No. 124-19.  Roll call vote to adopt. 7 Yes: Stehly, Brekke, Erickson, Kiley, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Neitzert was not present for the vote on this motion. ORDINANCE FIRST READINGS 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 122: TATTOOING. Recommendation: Set a date of 2nd Reading for Tuesday, December 10, 2019. A motion was made by Council Member Starr and seconded by Council Member Stehly to set a date of hearing for Tuesday, December 17, 2019 for Item 49. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND, IN ONE OR MORE SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $41,625,000. Recommendation: Set a date of 2nd Reading for Tuesday, December 10, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, December 10, 2019 for Item 50. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 51. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: ALCOHOLIC BEVERAGES TO REDUCE THE FULL-SERVICE RESTAURANT ON-SALE LICENSE FEE AND PHASING OUT THE OFF-SALE (PACKAGE) LIQUOR CITY WAITING LIST AND ON-SALE DEALER LICENSES IN ALCOHOLIC BEVERAGES CITY WAITING LIST. Recommendation: Set a date of 2nd Reading for Tuesday, December 10, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of hearing for Tuesday, December 10, 2019 for Item 51. 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 52. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 113-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 113-19 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: Lots 7 & 8 in Block 1 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 13 in Block 2 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 11 in Block 2 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 4 and the east 20 feet of Lot 5 in Block 3 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 3 in Block 3 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 24 in Block 3 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD, along with the W1/2 of vacated Center Avenue lying adjacent thereto Lots 17 and 18 in Block 1 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 15 in Block 1 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD 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; and 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; and WHEREAS, the real property described above was acquired by the City as part of the Rose/Lotta Neighborhood Buyout Program; and 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: Lots 7 & 8 in Block 1 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 13 in Block 2 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 11 in Block 2 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 4 and the east 20 feet of Lot 5 in Block 3 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 3 in Block 3 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 24 in Block 3 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD, along with the W1/2 of vacated Center Avenue lying adjacent thereto Lots 17 and 18 in Block 1 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Lot 15 in Block 1 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Section 2. The above-described structures and personal property shall be demolished, destroyed, or removed from the real property. Section 3. To the extent that any personal property referenced above can be salvaged, the Mayor, as deemed appropriate, may on the behalf of the City, by separate agreement, bill of sale, or other instrument, transfer ownership of such personal property to South Eastern Development Foundation and/or Habitat for Humanity of Greater Sioux Falls, Inc., 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 South Eastern Development Foundation and/or Habitat for Humanity of Greater Sioux Falls, Inc. to pay for any salvaged property, and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 12/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 53. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE, INCLUDING THE MABLE AND JUDY JASPER EDUCATIONAL CENTER, THE JASPER FAMILY GARDENS, AND ALL OTHER AMENITIES CONSISTENT WITH THE MASTER PLAN. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 114-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 114-19 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE, INCLUDING THE MABLE AND JUDY JASPER EDUCATIONAL CENTER, THE JASPER FAMILY GARDENS, AND ALL OTHER AMENITIES CONSISTENT WITH THE MASTER PLAN. WHEREAS, the City of Sioux Falls (the “City”) and the Wegner Arboretum Society (the “Society”) find that it is in the best interest of the people of the city of Sioux Falls, the Society, and the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site that it enter into an agreement between the City and Society, whereby the Society will operate, manage, maintain, and develop the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; and WHEREAS, the Society is best qualified to manage the operation of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; and WHEREAS, the Society and the City find that it is in both parties’ best interest that a one-year agreement be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Management Agreement for the Operation of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site,” being a one-year agreement for the Society to manage the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site, is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Society. Date adopted: 12/07/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 54. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WINDMILL RIDGE ADDITION. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 115-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 115-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WINDMILL RIDGE ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Windmill Ridge 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: 12/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 55. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARVEST CREEK ADDITION. The Planning Commission recommends approval (4-0). A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 116-19.  Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 116-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF HARVEST CREEK ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Harvest Creek Addition to the City of Sioux Falls, Lincoln 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: 12/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 56. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF CLOVERLEAF BUSINESS PARK ADDITION. The Planning Commission recommends approval (4-0). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 117-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 117-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF CLOVERLEAF BUSINESS PARK ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Cloverleaf Business Park 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: 12/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 57. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD SPORTS SOUTH ADDITION. The Planning Commission recommends approval (4-0). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 118-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 118-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SANFORD SPORTS SOUTH ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Sanford Sports South 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: 12/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 58. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 9082-2018—Lisa Drive A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 119-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 119-19 ANNEXATION 9082-2018—Lisa Drive 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; 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. 41st St. 4. Sewer and water 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 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 (the number corresponds to the filed map numbering titled “Proposed Annexation to the City of Sioux Falls”): 1. Lot 5 of Block 1 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 2. Lot 6 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND The entire portion of unincorporated S. Lisa Drive right-of-way from the existing city limits (at the intersection of E. 41st Street and S. Lisa Drive) north and east to the edge of the annexation area along S. Veterans Parkway in the SE1/4 of the SE1/4 of Section 25, Township 101 North, Range 49 West of the 5th PM, Minnehaha County, South Dakota, and adjacent to but not including the following properties (the number corresponds to the filed map numbering titled “Proposed Annexation to the City of Sioux Falls”): 3. Lot 9 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 4. Lot 8 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND  5. Lot 7 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 6. Lot 5 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 7. Lot 3 and 4 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of-way, Minnehaha County, SD; AND 8. Lot 2 of Block 2 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 9. Lot 1 of Block 1 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 10. Lot 8 of Block 1 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 11. Lot 7 of Block 1 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 12. Lot 6 of Block 1 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, Minnehaha County, SD; AND 13. Lot 4 of Block 1 in Pearson’s Subdivision in Section 25, Township 101 North, Range 49 West of the 5th PM including any adjacent E. 41st Street and S. Lisa Drive right-of- way, 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: 12/03/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn the meeting at 10:27 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