City Council Meeting

MINUTES City Council Meeting Tuesday, March 10, 2020 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 Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Mike Bang, Faith Family Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place Sub-Items 1 and 3 from Agenda Item 6 on the Regular Agenda for Council Discussion (1; Police; Agreement to provide services for primary and secondary victims of sexual and domestic violence; The Compass Center; $51,500; and 3; City Attorney; Provide services and programming for under-served clients of all cultures in Sioux Falls and provide drivers education specifically for newcomers; Multi-Cultural Center of Sioux Falls; $187,678. See Agenda Item 6 for action taken. A motion was made by Council Member Starr and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 3, 2020   Regular City Council Meeting of Tuesday, March 3, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 6, 2020. A motion was made by Council Member Starr and seconded by Council Member Selberg to approve Sub-Items 1 and 3 from Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 7. Report of Requests for Quotes for Fuel dated: February 26, 2020; Clear Dyed Diesel #1 (3,750 Gallons), Clear Dyed Diesel #2 (3,750 Gallons) and Unleaded (8,500 Gallons); Cole Petroleum, (Clear Dyed Diesel #1, ($1.8288), Clear Dyed Diesel #2, ($1.6586) and Unleaded, ($1.8176); Vollan Oil, (Clear Dyed Diesel #1, ($1.8712), Clear Dyed Diesel #2, ($1.6995) and Unleaded, ($1.9732); Parkland, (Clear Dyed Diesel #1, ($1.842), Clear Dyed Diesel #2, ($1.678) and Unleaded, ($1.836); Harms Oil, (Clear Dyed Diesel #1, ($1.8299), Clear Dyed Diesel #2, ($1.6778) and Unleaded, ($1.8259); CHS Inc., (Clear Dyed Diesel #1, ($1.93), Clear Dyed Diesel #2, ($1.72) and Unleaded, ($1.91); Howes Oil and Olson Oil, all no bid. Bid awarded to: Cole Petroleum. 8. Report of Requests for Quotes for Fuel dated: March 3, 2020; Dyed Diesel #1, (3,250 Gallons), Dyed Diesel #2, (3,250 Gallons) and Unleaded, (9,500 Gallons); Farstad Oil, (Dyed Diesel #1, ($1.814), Dyed Diesel #2, ($1.664) and Unleaded, ($1.773); Coles Petroleum (Dyed Diesel #1, ($1.8572), Dyed Diesel #2, ($1.6827) and Unleaded, ($1.7965); Harms Oil, (Dyed Diesel #1, ($1.8198), Dyed Diesel #2, ($1.6698) and Unleaded, ($1.7751); Howes Oil and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: March 3, 2020; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Harms Oil, #1 Clear Diesel, ($2.0428) and #2 Clear Diesel, ($2.8928); CHS, Inc., #1 Clear Diesel, ($2.1175) and #2 Clear Diesel, ($1.92); Parkland USA/SPF Energy Inc./Farstad Oil, #1 Clear Diesel, ($2.035) and #2 Clear Diesel, ($1.885); Howes Oil, Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy/Farstad Oil. 10. Approval of a request from Shelley Eneboe to consume, but not sell, wine, beer, and liquor at The History Club of Sioux Falls, 758 S. Phillips Ave., on April 18, 2020, for the following purpose: wedding with a meal afterwards. 11. Approval of a request from Teresa Behrens to consume, but not sell, champagne and wine at Old Courthouse Museum, 200 W. Sixth St., on May 10, 2020, for the following purpose: bridal shower. APPLICATIONS 12. City of Sioux Falls Catholic, 523 N. Duluth Ave., Parcel #44734, for 2019 property taxes in the amount of $1,280.86. Reason: The Assessor has re-valued the property at 50% valuation on improvements for 4 months due to significant storm damage from the tornado on 09/10/2019. 13. Jerry and Barb Van Vliet, 1404 S. Scarlet Oak Trl., Parcel #87530, for 2019 property taxes in the amount of $629.20. Reason: There was an error on the assessment for 2019 which included more value than what should have been assessed. The correct value should have been $675,100 which is the difference in value of $32,500. The taxpayer is requesting an abatement of the taxes from the difference. 14. Carmelita Gard, 3001 E. 20th St., Parcel #36005, for 2019 property taxes in the amount of $597.18. Reason: Assessment Freeze for the Elderly and Disabled. 15. Patricia Reurink, 6009 W. Silver Valley Dr., Parcel #56522, for 2019 property taxes in the amount of $765.93. Reason: Assessment Freeze for the Elderly and Disabled. 16. Parcel #74036, for 2018 property taxes in the amount of $43.56. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 17. Parcel #74036, for 2019 property taxes in the amount of $264.08. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend the Regular Agenda by moving Item 25 to immediately follow Item 20. Roll call vote to amend. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 19. PUBLIC INPUT Phyllis Arends spoke about the need to stop the On Demand Public Transportation System Project; and the need for professionals to revamp the current fixed route system. Heather Pastor spoke about her dislike for discrimination and how it impacts her life, a court case that she is involved in, and problems that she encountered with the City bus. Penny Hall spoke about how she has a medical illness and the problems that the On Demand bus program would create for her.  Cheryl Rath shared a story about her sister, who is disabled, and how she finds freedom by using the fixed route bus system. She said utilizing the On Demand bus program would create problems for her sister. Scott Ehrisman spoke about the new Water Reclamation plant and the need for a warranty longer than one year. Duane Poppens spoke about filing for tax relief and how he is no longer eligible based on his house appraisal. He also spoke about City spending and high taxes. Tim Stanga spoke about taxes going up and the elderly can't stay in their homes, City spending, getting rid of helpful programs for the elderly, getting help from prisoners, and potholes. David Zokaites spoke about the Ethics Board and their meeting on Friday. Sub-Items 1 and 3 to Agenda Item 6 were heard at this time. See Agenda Item 6 for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE ENTERTAINMENT TAX FUND. (Washington Pavilion, $355,000) A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 23-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Item 25 was heard at this time. See item for action taken. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBCHAPTER SIOUX FALLS VETERANS PARK ADVISORY BOARD OF CHAPTER 95: PARKS AND RECREATION OF THE CODE OF ORDINANCES OF SAID CITY. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Ordinance No. 24-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING INTERIM WATER RATES FOR CERTAIN CUSTOMERS OUTSIDE THE CITY OF SIOUX FALLS. (Prairie Meadow Area).  A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 25-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 23. Deferred from the meeting of Tuesday, February 11, 2020; A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 85TH ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt said Resolution No. 32-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 32-20 A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 85TH ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the city of Sioux Falls, SD, in front of and abutting upon the following described property to be assessed: W. 85th St. from S. Hughes Ave. to S. Brett Ave. Lot 1 Block 1 Tuscan Club Estates Addition, City of Sioux Falls, Lincoln County, SD Lot 18A Block 1 Tuscan Club Estates Addition, City of Sioux Falls, Lincoln County, SD E170' of Lot 3 of Ludens Subd. of Tract 1 in NW1/4 NE1/4 Sec. 20-T100N-R50W, Lincoln County, SD Lot 2 and W150' of Lot 3 of Ludens Subd. of Tract 1 in NW1/4 NE1/4 Sec. 20-T100N-R50W, Lincoln County, SD Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.035 of the Code of Ordinances of Sioux Falls, SD, and SDCL Chapter 9-46. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled, or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Planning and Development Services, 231 N. Dakota Ave., P.O. Box 7402, Sioux Falls, SD 57117-7402, or call 367-8888, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in five (5) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-89. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Construct 4" Thick Sidewalk .......................................$40 Per Front Foot Date adopted: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION DECLARING THE NECESSITY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, CONSTRUCT SIDEWALK, SANITARY SEWER MAIN, WATER MAIN, STORM SEWER, ASPHALT SURFACING, AND STREETLIGHTS ON W. TEEM ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 33-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 33-20 A RESOLUTION DECLARING THE NECESSITY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, CONSTRUCT SIDEWALK, SANITARY SEWER MAIN, WATER MAIN, STORM SEWER, ASPHALT SURFACING, AND STREETLIGHTS ON W. TEEM ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. IT IS NECESSARY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, CONSTRUCT SIDEWALK, SANITARY SEWER MAIN, WATER MAIN, STORM SEWER, ASPHALT SURFACING, AND STREETLIGHTS IN ACCORDANCE WITH SPECIFICATIONS PREPARED BY THE OFFICE OF THE CITY ENGINEER AND ON FILE IN THE OFFICE OF THE CITY ENGINEER ON THE FOLLOWING STREETS IN THE CITY OF SIOUX FALLS, SD, FRONTING OR ABUTTING UPON THE FOLLOWING DESCRIBED PROPERTY TO BE ASSESSED: W. Teem St. from N. Marion Rd. to 500' West Lot 1 Blk 2 Aspen Heights Addn., City of Sioux Falls, Minnehaha County, SD; NE1/4 (ex E50' N. Marion Road r-o-w & ex Lots H1, H2, and H3), Sec. 11-T101N-R50W, Minnehaha County, SD. Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.034 of the Code of Ordinances of Sioux Falls, SD, and SDCL Chapter 9-43. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at Planning and Development Services, Housing Division, 231 N. Dakota Ave., or call 367-8180, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in five (5) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-89. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Grading ...........................................................$25 Per Front Foot Gravel..............................................................$10 Per Front Foot Curb & Gutter ..................................................$20 Per Front Foot Sidewalk..........................................................$15 Per Front Foot Streetlights ......................................................$5 Per Front Foot Asphalt Surfacing ............................................$25 Per Front Foot Water Main......................................................$35 Per Front Foot Sanitary Sewer................................................$30 Per Front Foot Engineering Fee..............................................$30 Per Front Foot Section 6. The assessment will be levied on the above-described property pursuant to Section 96.034 of the Code of Ordinances of Sioux Falls, SD. Section 7. A copy of the resolution will be recorded at the Register of Deeds Office, Minnehaha County, SD, as a notice to all potential or actual future landowners, of present or future assessment payments on said property. Date adopted: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 25. A RESOLUTION AMENDING THE 2020–2024 CAPITAL PROGRAM TO ADD FUNDING FOR CIP 13003, WASHINGTON PAVILION BUILDING IMPROVEMENTS. ($355,000) A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 34-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 34-20 A RESOLUTION AMENDING THE 2020–2024 CAPITAL PROGRAM TO ADD FUNDING FOR CIP 13003, WASHINGTON PAVILION BUILDING IMPROVEMENTS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2020–2024 Capital Program shall be amended as follows: Entertainment Venues-Washington Pavilion Amend Capital Improvements Program Project No. 13003, Washington Pavilion Building Improvements, to add funding of $355,000 for design of the cornice and parapet in 2020. The additional funding will require an increase in appropriations that will be funded from the Entertainment Tax Fund available fund balance. Date adopted: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 26. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2020. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 35-20.  Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 35-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2020. WHEREAS, the 2020 SculptureWalk program will bring a large number of sculptures to the central business district for outdoor display; and WHEREAS, the SculptureWalk program enhances the beauty and culture of the downtown area for all citizens and visitors to enjoy; and WHEREAS, 62 of the proposed sculptures will be placed on public right-of-way or other publicly owned property; and WHEREAS, the exhibition of public art in the central business district is recommended and encouraged by the City of Sioux Falls’ 2025 Downtown Plan and the 2014 adopted Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City; and WHEREAS, the SculptureWalk program represents a broad collaboration of individuals and entities, both public and private, including Downtown Sioux Falls, the Sioux Falls Arts Council, the Chamber of Commerce, and the City of Sioux Falls; and WHEREAS, various City department staff and the Sioux Falls Visual Arts Commission have reviewed the proposed 2020 sculptures and their placements and recommended approval to the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement in public right-of-way and other public property of 62 sculptures, as described by the following: Sculptures and Artists “X Marks The Spot”—Alex Mendez “Coalesce”—Hanna Seggerman “Fey”—Robert Tencate “Sunrise Serenade”—Lee Leuning/Sherri Treeby “Beary Sharing”—Pokey Park “Sprout and Shard”—Mark Hall “Elegant Lady”—Reno Carollo “Son of Odin”—Ben Hammond “Twisted Toad”—Christine Knapp “The Fool”—Kimber Fiebiger “Ocolus”—Jeffrey Satter “Fresh Take”—Jason Richter “Summer in White”—Mark Hyde “Political Poles”—Eric Thorsen “Heron & Peeper”—Heather Wall “Mountain Spell”—Harold Linke “91019”—Jennifer Cannon “Moose”—Travis Sorenson “From the Earth”—Fritz Hoppe “Wonder”—Jade Windell “Bing”—Dale Lewis “Endeavor”—Osamede Obazee “Contradiction”—S. Mozhnevsky “Boxelder Seed II”—Nathan Johansen “Blast Off”—Steve Bormes “Free Flight”—David Skora “The Feather”—Kirk Seese “Sherwin’s Folly”—Steven Maeck “Swooshy”—Ted Sitting Crow Garner “WARNING: Life Changes Directions”—Sandy Friedman “Full Sail I—Jon Kamrath “Narrow Escape”—Gary Hovey “Prometheus I”—Elizabeth Johnson “Circle of Life”—Lyle Parks “Doggie Plays Bass”—Scott Schlagg “Charlotte”—Carrie Quade “Eagle Dancers”—Robert Brubaker “Raising a Ruckus”—Jeff Jones “The Last Whistle”—Ken Newman “Brilliance”—J Satter “Sum Pig”—Kyle Fokken “To Dance in Joy”—James Michael Maher “The Cabbage King”—Larry Weidman “Beacon”—Clark Martinek “Encore”—Harold Linke “Bolt From The Blue”—Chris Navarro “Cherry Tree”—Dale Lewis “Tough Act to Follow”—Ray Kobald “Bo Jangles”—Chris Petrocci Hershberger “Fallen Stars”—Jefferson Davis “Song of the Sandhill”—Sondra Johnson “To Bee or Not to Bee”—Alex Mandez “Ecstatic Crepitacean”—Will Vannerson “Psychedelic Ruin”—Neil Wiffil/Shelby Nower “Triangulations”—Pati Stajcar “Bunny”—Gregory Mendez “Wind Spirit”—Jerry McKellar “Rook Roost (clay model)”—Jim Green “Quill II”—Dan Perry “St. Francis”—Bobbie Carlyle “Spirit of Steel”—Jerry Nelson “Dialogue”—Serge Mozhnevsky Alternates “Mountain Goat”—Eric Thorsen “Naturalist”—Bobbie Carlyle “Lithic Bird I”—Nathan Johansen “Messenger”—Clark Martinek “Clarity of Line”—Gregory Mendez “Into The Mystic”—Tim James and Aidan Demarais “Balancing Act”—Josie Dellenbauch “Love Is The Answer”—Sandy Friedman “Sunny Day”—Eric Thorson “Signetron”—Elton Bishop “Perfect Fit”—Jeffrey Satter Date adopted: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 27. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. (ANNEXATION 11536-2019—Tract 1 and 2 Westwood Valley Second Addition) A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Resolution No. 36-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 36-20 ANNEXATION 11536-2019—Tract 1 and 2 Westwood Valley Second Addition 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 in regard to 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 access to the major street network along W. Broek Dr.; S. Ronell Ln. 4. West Side Sanitary Sewer Cost Recovery owed on all parcels; the 2020 cost is $2,196.58/acre.  5. City water is available from the development to the east of the proposed annexation area. 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 and Tract 2, Westwood Valley Second Addition to the City of Sioux Falls, in the SW1/4 of Section 28, T101N, Range 48, West of the 5th P.M. Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 28. A RESOLUTION APPROVING THE VACATION OF A 100-FOOT SECTION OF SOUTH OVERLUND PASS IN SPLITROCK TOWNSHIP, MINNEHAHA COUNTY, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 37-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 37-20 A RESOLUTION APPROVING THE VACATION OF A 100-FOOT SECTION OF SOUTH OVERLUND PASS IN SPLITROCK TOWNSHIP, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, a petition was filed with Split Rock Township County requesting that the following 100-foot section of South Overlund Pass be vacated: That portion of South Overlund Pass beginning at a point 100 feet south of the north property line of Lot 21 in Block 2 of Split Rock Heights Third Addition and extending to said north property line of Lot 21 in Block 2 and extending 66 feet west to a point abutting Lot 22A in Block 5 of Split Rock Heights 2nd Addition, all in Section 19, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota; Also described as:  South Overlund Pass beginning at the northwest corner of Lot 21 in Block 2 of Split Rock Heights Third Addition and extending 100 feet south along the west property line of Lot 21 in Block 2 and then extending 66 feet west to the intersection with Lot 22A in Block 5 of Split Rock Heights 2nd Addition, then extending northwesterly 85.08 feet, and then east 66 feet to the point of beginning, all in Section 19, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota; Such section representing the southernmost 100 feet of South Overland Pass; and WHEREAS Notice of hearing was given by Split Rock Township pursuant to SDCL § 31-3-7; and WHEREAS, a hearing was held on October 8, 2019, and the petition has been duly examined and investigated by the Split Rock Township Board of Supervisors, and said Board of Supervisors approved said petition by and through its Resolution 20-02; and WHEREAS, the above-described section of South Overlund Pass lies within the extraterritorial boundaries of the City of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL § 31-3-44, the City approves the vacation of the above-described section of Overland Pass. That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a transcript of such duly certified resolution. Date adopted: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 29. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 10-20. (ANNEXATION LEGAL DESCRIPTION CORRECTION 11486-2019 Tract 3A Anderson’s Addition) A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 38-20. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 38-20 ANNEXATION LEGAL DESCRIPTION CORRECTION 11486-2019 Tract 3A Anderson’s Addition A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 10-20. WHEREAS, on January 21, 2020, the City Council of the City of Sioux Falls adopted Resolution No. 10-20 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 10-20 was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 10-20 hereby is amended to read as follows: Tract 3A of Anderson’s Addition, in the East Half of the SE1/4 of the SE1/4 of Section 18, T101N, Range 48, West of the 5th PM, Minnehaha County, South Dakota 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: 03/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 30. A RESOLUTION VACATING THE EAST 16TH ST. PUBLIC RIGHT-OF-WAY BOUNDED BY SOUTH 9TH AVE. AND LOT 1 HOWES 4TH ADDITION TO THE CITY OF SIOUX FALLS, SD, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Wednesday, April 15, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Wednesday, April 15, 2020 for Item 30. Roll call vote to set a date of hearing. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Soehl to adjourn at 8:07 p.m. Voice vote to adjourn. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk