City Council Meeting

MINUTES Regular City Council Meeting Tuesday, January 7, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL 2. INVOCATION  Reverend Nathan Esser, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Joint City Council/Lincoln County Commission Meeting of Tuesday, December 17, 2019  Informational Meeting of Tuesday, December 17, 2019  City Council Meeting of Tuesday, December 17, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 3, 2020. 7. Notice of change orders on the memorandum dated January 3, 2020. 8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: December 11, 2019; 8,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Harms Oil #1 Clear Diesel ($2.5967) and #2 Clear Diesel ($2.2685); CHS, Inc. #1 Clear Diesel ($2.69) and #2  Clear Diesel ($2.295); Parkland USA/SPF Energy Inc /Farstad Oil #1 Clear Diesel ($2.614) and #2 Clear Diesel ($2.272), Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: December 13, 2019; Dyed Diesel #1 (3,750 Gallons), Dyed Diesel #2, (3,750 Gallons) and, Unleaded (3,000 Gallons): Farstad Dyed Diesel #1 ($2.379), Dyed Diesel #2 ($1.985), and Unleaded ($1.937); Coles Petroleum, Harms Oil, Stern Oil, Olson Oil, Howes Oil, and Vollan Oil, all no bid; Bid awarded to: Farstad. 10. Report of Requests for Quotes for Fuel dated: December 18, 2019; Unleaded 8,500 Gallons; Howes, Unleaded ($1.9185); Vollan Oil, Unleaded ($1.939); Harms Oil, Unleaded ($1.9348); Coles Petroleum, Unleaded ($1.928); Stern Oil, CHS, Inc., and Olson Oil, all no bid; Bid awarded to: Howes Oil. 11. Report of Requests for Quotes for Fuel dated: December 20, 2019; Unleaded (3,000 Gallons), Dyed Diesel #1 (2,500 Gallons), Dyed Diesel #2 (2,500 Gallons); Cole Petroleum (Dyed Diesel #1, ($2.3965); Dyed Diesel #2 ($2.0863) and Unleaded ($2.006); Farstad Oil, (Dyed Diesel #1 $2.355, Dyed Diesel #2 $2.055 and Unleaded $1.986); Stern Oil, Howes Oil, CHS, Inc., and Olson Oil, all no bid; Bid awarded to: Farstad Oil. 12. Report of Requests for Quotes for Fuel dated: December 23, 2019; Dyed Diesel #1 (2,000 Gallons); Dyed Diesel #2 (2,000 Gallons); Unleaded Ethanol E10 (4,000); Cole’s Petroleum ($2.3450 Dyed Diesel #1 and $2.037 Dyed Diesel #2 and $1.9589 Unleaded E10); Vollan Oil ($2.3762 Dyed Diesel #1 and $2.0935 Dyed Diesel #2 and 2.1815 Unleaded E10); Olson Oil, CHS Inc.,, Stern Oil, Howes Oil, Farstad Oil, Harms Oil, all no bid. Bid awarded to: Cole’s Petroleum. 13. Report of Requests for Quotes for Fuel dated: December 27, 2019; Dyed Diesel #1, (3,750 Gallons), Dyed Diesel #2 (3,750 Gallons); Cole Petroleum (Dyed Diesel #1, ($2.405), Dyed Diesel #2 ($2.135); Vollan Oil, (Dyed Diesel #1 ($2.3435), Dyed Diesel #2 ($2.065); Stern Oil, Howes Oil, CHS, Inc., Harms Oil and Olson Oil, all no bid; Bid awarded to: Vollan Oil. 14. Report of Requests for Quotes for Fuel dated: December 31, 2019; Dyed Diesel #1 (3,750 Gallons), Dyed Diesel Clear #2 (3,750 Gallons); Vollan Oil, Dyed Diesel #1 ($2.3485), Dyed Diesel Clear #2 ($2.0835); CHS Oil, Dyed Diesel #1 ($2.375), Dyed Diesel #2 ($2.099); Farstad Oil, Olson Oil, and Coles Petroleum, all no bid. Bid awarded to: Vollan Oil 15. Approval of a request from Annelise Plooster to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. 6th Street,, on February 22, 2020, for the following purpose: wedding reception. APPLICATIONS 16. Renewal of 2020 Retail Wine License for Fernson Brewing Company, 1400 East Robur Drive. 17. Renewal of 2020 Retail Wine License for Fernson Tap House, 332 & 334 South Phillips Avenue. 18. Renewal of 2020 Retail Wine License for Books N Brewz Pizzeria, 201 North Weber Avenue. 19. Renewal of 2020 Retail Liquor License for Alpine Sports Bar & Casino, 212 South Sneve Avenue, Suite 100. NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, January 21, 2020. New 2019-20 Retail Malt Beverage/SD Farm Wine License, requesting off-sale use only, for Casey’s General Store #3872, 4001 West 57th Street (CUP not required). 21. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Retail Liquor License, with video lottery terminals, from Rentschler’s Inc., Gateway Lounge & Casino, 3408 Gateway Boulevard, to Jack’s Gateway Inc., Gateway Lounge & Casino, 3408 Gateway Boulevard. 22. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from Davlon Inc., Shop N Cart 49er, 3501 West 49th Street, to Neon Properties LLC, Neon Casino, 4101 East 10th Street. 23. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from I-90 Fuel Services Inc., The Gas Stop #123, 1927 West 57th Street, to Holiday Stationstores LLC, Holiday Stationstore #497, 1927 West 57th Street. 24. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from I-90 Fuel Services Inc., The Gas Stop #125, 5210 West 12th Street, to Holiday Stationstores LLC, Holiday Stationstore #504, 5210 West 12th Street. 25. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #115, 6509 South Louise Avenue, to Holiday Stationstores LLC, Holiday Stationstore #489, 6509 South Louise Avenue. 26. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #116, 3000 East 26th Street, to Holiday Stationstores LLC, Holiday Stationstore #493, 3000 East 26th Street. 27. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #118, 4600 West 41st Street, to Holiday Stationstores LLC, Holiday Stationstore #495, 4600 West 41st Street. 28. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #117, 1737 South Cliff Avenue, to Holiday Stationstores LLC, Holiday Stationstore #494, 1737 South Cliff Avenue. 29. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #120, 3312 South Western Avenue, to Holiday Stationstores LLC, Holiday Stationstore #496, 3312 South Western Avenue. 30. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #124, 7125 West 26th Street, to Holiday Stationstores LLC, Holiday Stationstore #498, 7125 West 26th Street. 31. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #131, 3245 South Sycamore Avenue, to Holiday Stationstores LLC, Holiday Stationstore #499, 3245 South Sycamore Avenue. 32. Set a date of hearing for Tuesday, January 21, 2020. Transfer of 2020 Package Liquor License from I-90 Fuel Services Inc., Gas Stop #104, 7414 South Minnesota Avenue, to Holiday Stationstores LLC, Holiday Stationstore #503, 7414 South Minnesota Avenue. 33. Set a date of hearing for Tuesday, January 21, 2020. Special One-Day Liquor License for Avera McKennan Foundation to be operated at Avera Specialty Hospital, 6100 South Louise Avenue, for the Hearts in Healing fundraiser on February 1, 2020. 34. Set a date of hearing for Tuesday, January 21, 2020. Special One-Day Liquor License and Special One-Day Package Off-Sale Wine license for Avera McKennan Foundation to be operated at Prairie Center, 1000 East 23rd Street, for the Big Grape fundraiser on April 3, 2020. REGULAR AGENDA 35. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 36. PUBLIC INPUT Brett Kruse spoke about his experiences with speeding drivers by a bus stop. David Zokaites spoke about stormwater management. Brigette Meyers spoke about the status of a project that is occuring in her neighborhood. Josh Kaiser spoke about snow and icy road conditions in the city.  Sierra Broussard spoke about a recent house fire and police activity in Sioux Falls. Bruce Danielson spoke about the City's website and how to search for information. UNFINISHED BUSINESS 37. New 2020 Retail Wine License for Best Western Glo Sioux Falls, 1211 South Darryl Place (CUP not required). A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve Item 37. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 69TH ST. AND WEST OF S. SYCAMORE AVE. FROM THE RA 1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RD 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 11328-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 1-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2012 E. RUSSELL ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICTS, NO. 11337-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Ordinance No. 2-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1221 W. 85TH ST. FROM THE AG AGRICULTURE DISTRICT TO RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND REC RECREATIONAL DISTRICTS, NO. 11428-2019, AND AMENDING THE OFFICIAL  ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 3-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 14, 2020, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Ordinance No. 4-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 42. 1st Reading: Deferred from the Meeting of Tuesday, December 17, 2019; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NW CORNER OF E. MADISON ST. AND N. VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN; RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; O OFFICE; AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SURBURBAN; RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN; RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; S-1 GENERAL INSTITUTIONAL; CN CONSERVATION; C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR; AND C-3 COMMERCIAL— COMMUNITY DISTRICTS, NO. 11263-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 21, 2020. A motion was made by Council Member Selberg and seconded by Council Member Kiley to defer Item 42 to the City Council Meeting on Tuesday, January 21, 2020. Roll call vote to defer. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING THE ORPHEUM THEATER ADVISORY BOARD OF DIRECTORS. Recommendation: Set a date of 2nd Reading for Tuesday, January 14, 2020.  A motion was made by Council Member Starr and seconded by Council Member Stehly to set a date of hearing for Tuesday, January 14, 2020 for Item 43. Roll call vote to set a date of hearing. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN A CONDITIONAL GIFT AGREEMENT FOR DONATION OF REAL PROPERTY AND APPROVAL OF THE REAL PROPERTY BEING NAMED THE “SCOTT-CONNELLY NATURE AREA.” Recommendation: Set a date of 2nd Reading for Tuesday, January 14, 2020. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of hearing for Tuesday, January 14, 2020 for Item 44. Roll call vote to set a date of hearing. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 45. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE WOODS ADDITION. A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve Resolution No. 1-20. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 1-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF THE WOODS ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of The Woods 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: 1/07/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 82-19. ANNEXATION 10706- 2019-Orcutt's Addition. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 2-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 2-20 ANNEXATION 10706-2019-Orcutt's Addition A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 82- 19. WHEREAS, on September 3, 2019, the City Council of the City of Sioux Falls adopted Resolution No. 82-19 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 82-19 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 82-17 hereby is amended to read as follows: 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 1 ofOrcutt's Addition in the NEl/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 NWl/4 of the NWl/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 NWl/4 of the NWl/4 of Section 22, Township 101 N., Range 50 W. of the 5th P.M., Minnehaha County, SD, AND Tract 1 of Wittelms Wittrock Addition, Except East 30 feet, in the NWl/4 of the NWI/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 NWl/4 of the NWl/4 of Section 22, Township 101 N., Range 50 W. of the 5th P.M., Minnehaha County, SD, AND Nl/2 of the Sl/2 in the NEl/4 and the NEl/4 of the NEl/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: 01/07/20 Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 83-19. ANNEXATION 10909- 2019—Arboretum and South Arrowhead Park Area. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 3-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 3-20 ANNEXATION 10909-2019—Arboretum and South Arrowhead Park Area A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 83-19. WHEREAS, on September 3, 2019, the City Council of the City of Sioux Falls adopted Resolution No. 83-19 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 83-19 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 83-19 hereby is amended to read as follows: 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. 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 2. 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 3. Block 11 of Riley’s East Sioux Falls, Minnehaha County, SD; AND 4. 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 5. 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 6. 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; 7. Tract 12 of Perry Warren Estate Addition in the NW1/4 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 8. Block 1 of O’Hanlon 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 9. Block 2 of O’Hanlon 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 10. Tract B of Block 3 of O’Hanlon 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 11. Block 8 of O’Hanlon 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  12. Block 9 of O’Hanlon 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, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 1/07/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 84-19. ANNEXATION 10968- 2019—North Arrowhead Park Area. A motion was made by Council Member Soehl and seconded by Council Member Erickson to adopt Resolution No. 4-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 4-20 ANNEXATION 10968-2019—North Arrowhead Park Area A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 84-19. WHEREAS, on September 3, 2019, the City Council of the City of Sioux Falls adopted Resolution No. 84-19 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 84-19 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 84-19 hereby is amended to read as follows: 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. 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  2. 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 3. Tract 10 of Perry Warren Estate Addition in the NW1/4 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 4. 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' 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 (the number corresponds to the filed map numbering titled “Proposed Annexation to the City of Sioux Falls”): 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. Lot X in Tract 3 of Perry Warren Estates in the NW1/4 of Section 20, Township 101 North, Range 48 West of the 5th P.M. Minnehaha County, SD; AND 14. Lot 11 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 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: 1/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 49. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Resolution No. 5-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 5-20 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 a legal description of: Lots 7, 8, and 9 in Block 27 of Gerrish & Lord’s Addition to Sioux Falls, Minnehaha County, South Dakota; and WHEREAS, pursuant to SDCL 6-5-2 any political subdivision may convey and transfer any real or personal property that 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 Public Works Storm Drainage 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, and 9 in Block 27 of Gerrish & Lord’s Addition to Sioux Falls, Minnehaha County, South Dakota 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, 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 pay for any salvaged property; and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 1/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 50. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED DECEMBER 20, 2020. 51. AUDIT REPORT 19-01: LANDFILL LICENSING NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 7:45 p.m. Voice vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk