City Council Meeting

MINUTES Regular City Council Meeting Tuesday, July 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 Present: Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke (Via telecom), Council Member Christine M. Erickson (Via telecom), Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Public Service Recognition Award to Theresa Stehly, At-Large City Council Member CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Stehly, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Brekke was not present for the vote on this motion. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 16, 2020  City Council Meeting of Tuesday, June 16, 2020  Informational Meeting of Tuesday, June 23, 2020 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated July 2, 2020. 8. Report of Requests for Quotes for Fuel dated: June 11, 2020; Dyed Diesel #2 (7,500 Gallons); Vollan Oil (Dyed Diesel #2 $1.21), Howes Oil (Dyed Diesel #2 $1.232), Coles Petroleum (Dyed Diesel #2 $1.234), Farstad Oil (Dyed Diesel #2 1.2375, Harms Oil (Dyed Diesel #2 $1.2298); Olson Oil and CHS all no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: June 12, 2020; Unleaded (8,500 Gallons); Harms Oil (Unleaded $1.4232); Coles Petroleum (Unleaded $1.439); Olson Oil, Howes Oil and CHS, all no bid. Bid awarded to: Harms Oil. 10. Report of Requests for Quotes for Fuel dated: June 16, 2020; Dyed Diesel #2 (5,000 Gallons and Unleaded 3,000 Gallons); Farstad Oil (Dyed Diesel #2 $ 1.238 and Unleaded $1.435); Coles Petroleum (Dyed Diesel #2 1.2577 and Unleaded $1.4735); Harms Oil (Dyed Diesel #2 $1.3637 and Unleaded $1.5618); Olson Oil, CHS Oil and Howes Oil, all no bid. Bid awarded to: Farstad Oil. 11. Report of Requests for Quotes for Fuel dated: June 19, 2020; Dyed Diesel 2 (7,500 Gallons); Coles Petroleum (Dyed Diesel #2 $1.3092); Farstad Oil (Dyed Diesel #2 $1.59); Vollan Oil (Dyed Diesel #2 $ 1.3327); Olson Oil, CHS Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 12. Report of Requests for Quotes for Fuel dated: June 22, 2020; Unleaded (8,500 Gallons); Coles Petroleum (Unleaded $1.5276); Parkland Oil (Unleaded $1.533); Harms Oil (Unleaded $1.5989); and Howes Oil, no bid. Bid awarded to: Coles Petroleum. 13. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: June 25, 2020; 7,500 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil; #2 Clear Diesel ($1.51); Harms Oil: #2 Clear Diesel ($1.5285); Howes Oil; #2 Clear Diesel ($1.5095); CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Howes Oil. 14. Report of Requests for Quotes for Fuel dated: June 26, 2020; Dyed Diesel #2 (3,000 Gallons) and Unleaded (5,000 Gallons); Harms Oil (Dyed Diesel #2 $1.319 and Unleaded $1.5427): Coles Petroleum, Farstad Oil, Olson Oil, CHS Oil, and Howes Oil, all no bid. Bid awarded to: Harms Oil. 15. Report of Requests for Quotes for Fuel dated: June 30, 2020; Unleaded Ethanol (8,500 Gallons); Vollan Oil ($1.4583); Harms Oil ($1.4778); Coles Petroleum, Farstad Oil, Olson Oil, and Howes Oil, all no bid. Bid awarded to: Vollan Oil. APPLICATIONS 16. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on August 11 and 22, 2020. 17. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 18. Cleveland Center Apartments, 220 S. Minnesota Ave., Parcel #30663, for 2019 property taxes in the amount of $13,394.94. Reason: The property is exempt from the tax. 19. City of Sioux Falls, 224 W. 9th Street, Parcel #33291, for 2019 property taxes in the amount of $1,214.91. Reason: The property is exempt from the tax. 20. City of Sioux Falls, 224 W. 9th Street, Parcel #33361, for 2019 property taxes in the amount of $3,174.93. Reason: The property is exempt from the tax. 21. City of Sioux Falls, 224 W. 9th Street, Parcel #51289, for 2019 property taxes in the amount of $470.70. Reason: The property is exempt from the tax. 22. City of Sioux Falls, 224 W. 9th Street, Parcel #51294, for 2019 property taxes in the amount of $230.92. Reason: The property is exempt from the tax. 23. City of Sioux Falls, 224 W. 9th Street, Parcel #51296, for 2019 property taxes in the amount of $543.91. Reason: The property is exempt from the tax. 24. City of Sioux Falls, 224 W. 9th Street, Parcel #51310, for 2019 property taxes in the amount of $487.13. Reason: The property is exempt from the tax. 25. City of Sioux Falls, 224 W. 9th Street, Parcel #51312, for 2019 property taxes in the amount of $415.33. Reason: The property is exempt from the tax. 26. City of Sioux Falls, 224 W. 9th Street, Parcel #51324, for 2019 property taxes in the amount of $599.52. Reason: The property is exempt from the tax. 27. City of Sioux Falls, 224 W. 9th Street, Parcel #51325, for 2019 property taxes in the amount of $664.37. Reason: The property is exempt from the tax. 28. City of Sioux Falls, 224 W. 9th Street, Parcel #51335, for 2019 property taxes in the amount of $693.96. Reason: The property is exempt from the tax. 29. D&D Enterprise Rev Trust, 2800 W. 12th Street, Parcel #40660, for 2019 property taxes in the amount of $3867.02. Reason: The property is exempt from the tax. 30. Sigprops LLC, 25979 499th Avenue, Parcel #44585, for 2019 property taxes in the amount of $722.95. Reason: The property is exempt from the tax. 31. Paul Fick Homes, Inc., 615 E. Tan Tara Circle, Parcel #90481, for 2019 property taxes in the amount of $4,291.42. Reason: The property is exempt from the tax. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 32. MSB, LLC, 305 W. 57th Street, Parcel #280.79.00.00A, for 2019 property taxes in the amount of $685.55. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 33. Set a date of hearing for Tuesday, July 21, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Classical Gass LLC, Classical Gass, 200 South Main Avenue (CUP not required). 34. Set a date of hearing for Tuesday, July 21, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Henrichsen Construction LLC, Monks Ale House, 420 East Eighth Street. 35. Set a date of hearing for Tuesday, July 21, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Edward Zeyon, Joana Kitchen & Bar, 323 North West Avenue (CUP not required). 36. Set a date of hearing for Tuesday, July 21, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for BOB LLC, Blue Rock Bar & Grill, 4021 North Bobhalla Drive (CUP not required). 37. Set a date of hearing for Tuesday, July 21, 2020. Transfer of 2020 Package Liquor License from Grevco Inc., Shop N Cart East, 4301 East 12th Street, to AD Association LLC, Shop N Cart East, 4301 East 12th Street (CUP not required). 38. Set a date of hearing for Tuesday, July 21, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Shenanigan’s Pub Inc., Shenanigan’s Sports Bar & Grill, 1903 South Ellis Road. 39. Set a date of hearing for Tuesday, July 21, 2020. Transfer of 2020 Package Liquor License from Shenanigan’s Pub Inc., Shenanigan’s Sports Bar & Grill, 1903 South Ellis Road, to Commonwealth Gaming & Holdings Co., Inc, Tinner’s Public House, 449 West 69th Street. 40. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Hoffberger Escape LLC to be operated at 610 West 49th Street for a special event on July 25, 2020. 41. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Malt Beverage License for El Riad Shriners to be operated at Nyberg’s Ace parking lot, 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between Phillips Avenue and Second Avenue, for Hot Classics Night on July 25, 2020. 42. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Malt Beverage Licenses for Almost Home Canine Rescue to be operated at the east parking lot, 300 North Cherapa Place and Multi-Cultural Center, 515 North Main Avenue (alternate location in event of inclement weather), for 605 Summer Classic on August 8, 2020. 43. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Liquor License for the Zoological Society of Sioux Falls to be operated at the Great Plains Zoo and Delbridge Museum, 805 South Kiwanis Avenue, for a fundraiser on August 12, 2020. 44. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Liquor License for K & P Enterprises to be operated at The Nickel Spot parking lot, 2918 South Minnesota Avenue, for an special event on August 29, 2020. 45. Set a date of hearing for Tuesday, July 21, 2020. Special One- Day Liquor License and Special One-Day Off-Sale Wine License for Catholic Community Foundation for Eastern South Dakota to be operated at the Avera Tech Building, 212 East 11th Street, for a fundraiser on August 29, 2020. 46. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizen Services Inc., to be operated at Active Generations, 2300 West 46th Street, for Gourmet Guys fundraiser on August 30, 2020. 47. Set a date of hearing for Tuesday, July 21, 2020. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club (course only), 3101 West 22nd Street, for a PGA Tour Champions Event to be held September 6-13, 2020. REGULAR AGENDA 48. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Stehly, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Brekke was not present for the vote on this motion. 49. PUBLIC INPUT Steve Johnson spoke about Heritage Park. Sierra Broussard spoke about cleaning up the Pettigrew neighborhood, citizens’ arrests, and code violations. David Zokaites spoke about American race riots. Michaela Smothers spoke about the condition of the Whittier Neighborhood and Heritage Park as it pertains to park use after hours by drunkards. Bruce Danielson read a letter from June Staggers about Theresa Stehly's service. Mike Zitterich spoke about party politics.  Tim Stenga spoke about doing ride-alongs as a means to address neighborhood problems. PETITIONS 50. CONDITIONAL USE PERMIT APPEAL (11980-2020): 1500 S. Minnesota Avenue Vac 24TH ST. lying Adj and W37 S44 NE1/4 and W60 N88 NE1/4 and W40.5 SE1/4 and W1/2 Blk 5 and NW1/4 Blk1/2 Hayes Addition to City of Sioux Falls. The request for the conditional use permit is for the applicant to operate a car wash within 250' of any DD or AD residential form. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to approve Item 50. A motion was made by Council Member Stehly and seconded by Council Member Starr to defer Item 50 to the meeting of July 21, 2020. Roll call vote to defer. 2 Yes: Starr, Stehly; 6 No: Selberg, Soehl, Brekke, Erickson, Kiley, Neitzert. Motion Failed. Roll call vote to approve. 6 Yes: Selberg, Soehl, Brekke, Erickson, Kiley, Neitzert; 2 No: Starr, Stehly. Motion Passed. UNFINISHED BUSINESS 51. Rescind the 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street. 52. Transfer of 2020 Package Liquor License from The Market on Phillips LLC, 196 East 6th Street, Suite 101, to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required). Pending final inspections per Building Services. 53. Transfer of 2020 Retail Wine & Cider License from TSlat LLC, JJ’s Axes & Ales, 4810 South Western Avenue, to TJS LLC, JJ’s Axes & Ales, 3016 West 57th Street (CUP not required). Pending final inspections per Building Services. 54. New 2020-21 Retail Malt Beverage/SD Farm Wine License for JJ’s Axes & Ales, 3016 West 57th Street (CUP not required). Pending final inspections per Building Services. 55. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from Quick N EZ LLC, 2500 West Madison Street, to W & J Enterprises LLC, 2500 West Madison Street (CUP not required). 56. Renewal 2020-21 Retail Malt Beverage/SD Farm Wine License for W & J Enterprises LLC, 2500 West Madison Street. 57. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License from Myers LLC, 221 South Phillips Avenue, to Analog Sandwich Inc., Eighty One, 221 South Phillips Avenue. 58. Renewal of 2020-21 Retail Malt Beverage/SD Farm Wine License for Eighty One, 221 South Phillips Avenue. 59. Special One-Day Liquor License for TNT Entertainment, Wiley’s, to be operated at Albert House parking lot, 337 North Phillips Avenue, for a concert on July 17, 2020. 60. Special One-Day Malt Beverage License for Home Builders Association of the Sioux Empire, 6904 South Lyncrest Place, for members appreciation on July 30, 2020. 61. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Commemorative Air Force Joe Foss Squadron to be operated at the Maverick Air Center, 4201 North Maverick Place for a fundraiser on July 31, 2020. 62. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Multi- Cultural Center of Sioux Falls, 515 North Main Avenue, for a fundraiser on August 1, 2020. A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve Items 51 through 58 and 60 through 62. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Soehl to amend Item 59 by changing the date to July 24, 2020. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Soehl to approve Item 59, as amended. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 63. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 416 N. NESMITH AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 12175-2020, 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. 53-20.  Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Stehly was not present for the vote on this motion. 64. 2nd Reading: Deferred from the Meeting of Tuesday, July 7, 2020; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF N. MARION RD. AND NORTH OF INTERSTATE 90 FROM THE AG AGRICULTURE AND C-2 COMMERCIAL NEIGHBORHOOOD AND STREETCAR DISTRICTS TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 12173-2020, 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 Soehl to defer Item 64 to the meeting of July 14, 2020. Roll call vote to defer. 7 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Stehly was not present for the vote on this motion. 65. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2001 E. 8TH ST. FROM THE S-2 INSTITIONAL CAMPUS PUD TO THE S 1 GENERAL INSTITUTIONAL DISTRICT, NO. 12168-2020, 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 Starr and seconded by Council Member Soehl to adopt Ordinance No. 54-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 66. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 916 S. 9TH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL —TRADITIONAL DISTRICT, NO. 12165-2020, 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. 55-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 67. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A JOINT PARTICIPATION AGREEMENT AMONG SANFORD HEALTH, AVERA MCKENNAN HOSPITAL & UNIVERSITY HEALTH CENTER, CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND SIOUX EMPIRE TRIAGE CENTER.  A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 56-20. Roll call vote to adopt. 7 Yes: Selberg, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. ORDINANCE FIRST READINGS 68. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS STORM DRAINAGE SYSTEM REVENUE BONDS, IN ONE OR MORE SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE STORM DRAINAGE SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID STORM DRAINAGE SYSTEM REVENUE BONDS, FIXING THE TERMS OF SUCH STORM DRAINAGE SYSTEM REVENUE BONDS, 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 STORM DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $9,457,400. Recommendation: Set a date of 2nd Reading for Tuesday, July 14, 2020. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, July 14, 2020 for Item 68. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 69. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A GROUND LEASE AGREEMENT BETWEEN THE UNITED STATES POSTAL SERVICE. Recommendation: Set a date of 2nd Reading for Tuesday, July 14, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 14, 2020 for Item 69. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 70. 1st Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, July 14, 2020. A motion was made by Council Member Starr and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 14, 2020 for Item 70. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER. Recommendation: Set a date of 2nd Reading for Tuesday, July 14, 2020. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, July 14, 2020 for Item 71. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 72. A RESOLUTION VACATING LOT H2 IN TRACT 1 IN GOVERNMENT LOTS 1 AND 2 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; A PORTION OF LOT H2 IN THE ABANDONED RAILROAD RIGHT OF WAY LYING WITHIN GOVERNMENT LOTS 1 AND 2 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; A PORTION OF LOT H4 IN THE ABANDONED RAILROAD RIGHT OF WAY LYING IN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; A PORTION OF LOT H5 IN THE ABANDONED RAILROAD RIGHT OF WAY LYING IN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; BOUNDED BY EAST ARROWHEAD PARKWAY AND EAST 10TH STREET AS SHOWN ON EXHIBIT A. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 70-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 70-20 A RESOLUTION VACATING LOT H2 IN TRACT 1 IN GOVERNMENT LOTS 1 AND 2 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; A PORTION OF LOT H2 IN THE ABANDONED RAILROAD RIGHT OF WAY LYING WITHIN GOVERNMENT LOTS 1 AND 2 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; A PORTION OF LOT H4 IN THE ABANDONED RAILROAD RIGHT-OF-WAY LYING IN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD; A PORTION OF LOT H5 IN THE ABANDONED RAILROAD RIGHT-OF-WAY LYING IN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 101 NORTH, RANGE 48 WEST OF THE 5TH P.M.,  MINNEHAHA COUNTY, SD; BOUNDED BY EAST ARROWHEAD PARKWAY AND EAST 10TH STREET AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate city right–of-way has been filed by the owners of the following described property: Tract 1 and Tract 2 Willows Edge Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on July 7, 2020, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the above-described H-Lot right-of-way as shown on Exhibit A, be and the same hereby is declared vacated and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk 73. A RESOLUTION VACATING A PORTION OF THE EAST 10TH ST. PUBLIC RIGHT OF WAY AS SHOWN ON EXHIBIT A. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 71-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 71-20 A RESOLUTION VACATING A PORTION OF THE EAST 10TH ST. PUBLIC RIGHT-OF-WAY AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate city right–of-way has been filed by the owners of the following described property: Tract 1 and Tract 2 Willows Edge Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on July 7, 2020, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and  made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the East 10th St. right-of-way as shown on Exhibit A, be and the same hereby is declared vacated and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk 74. A RESOLUTION VACATING THE W. 17TH ST. PUBLIC RIGHT-OF-WAY BOUNDED BY THE WEST RIGHT-OF-WAY LINE OF S. GRANGE AVE. TO THE EAST RIGHT OF WAY LINE OF S. COVELL AVE., AS SHOWN ON THE ATTACHED EXHIBIT. A motion was made by Council Member Starr and seconded by Council Member Soehl to withdraw Item 74. Roll call vote to withdraw. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 75. A RESOLUTION VACATING THE SOUTH EUCLID PUBLIC RIGHT-OF-WAY BETWEEN THE NORTH RIGHT-OF-WAY LINE OF W. 17TH ST. TO THE NORTH LOT LINES OF LOTS 19 & 38 PITCHER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. A motion was made by Council Member Starr and seconded by Council Member Soehl to withdraw Item 75. Roll call vote to withdraw. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 76. A RESOLUTION VACATING THE SOUTH SCARLET OAK TRAIL PUBLIC RIGHT OF WAY BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF SOUTH SUGAR MAPLE DR. TO THE SOUTH LOT LINE OF LOT 18 IN BLOCK 22 OF ARBOR’S EDGE AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 72-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 72-20  A RESOLUTION VACATING THE SOUTH SCARLET OAK TRAIL PUBLIC RIGHT-OF-WAY BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF SOUTH SUGAR MAPLE DR. TO THE SOUTH LOT LINE OF LOT 18 IN BLOCK 22 OF ARBOR’S EDGE AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Lot 18 in Block 22 of Arbor’s Edge an Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lot 10 in Block 20 of Arbor’s Edge an Addition to the City of Sioux Falls, Minnehaha County, South Dakota Outlet B of Arbor’s Edge an Addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on July 7, 2020, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the South Scarlet Oak Trail right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to a utility easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on the Exhibit for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk 77. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF COPPER CROSSING ADDITION (12114-2020). A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 73-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 73-20  A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF COPPER CROSSING ADDITION (12114-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Copper Crossing 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: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk 78. ANNEXATION LEGAL DESCRIPTION CORRECTION 12035-2020. Tract 1D of McCrossan Addition. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 74-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 74-20 ANNEXATION LEGAL DESCRIPTION CORRECTION 12035-2020 Tract 1D of McCrossan Addition A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 56-20. WHEREAS, on May 12, 2020, the City Council of the City of Sioux Falls adopted Resolution No. 56-20 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; WHEREAS, the annexation map boundaries have been approved by the City Council; WHEREAS, the legal description as set forth in Resolution 56-20 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 56-20 hereby is amended to read as follows: Tract 1D of McCrossan Addition in the SW1/4 and in the SE1/4 of Section 24, Township 102 North, Range 50 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, SD, a duly certified transcript of this resolution. Date adopted: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk 79. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ENTITLED "LOCAL GOVERNMENT COVID RECOVERY FUND REIMBURSEMENT AGREEMENT” WITH THE STATE OF SOUTH DAKOTA FOR THE RECEIPT OF CARES ACT FUNDS TO ADDRESS THE COVID-19 PUBLIC HEALTH CRISIS. A motion was made by Council Member Kiley and seconded by Council Member Starr to adopt Resolution No. 75-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 75-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ENTITLED “LOCAL GOVERNMENT COVID RECOVERY FUND REIMBURSEMENT AGREEMENT” WITH THE STATE OF SOUTH DAKOTA FOR THE RECEIPT OF CARES ACT FUNDS TO ADDRESS THE COVID-19 PUBLIC HEALTH CRISIS. WHEREAS, pursuant to Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020) (the “CARES Act”), the state of South Dakota has received federal funds that may only be used to cover costs that: (a) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (b) were not accounted for in the budget most recently approved as of March 27, 2020, for the state of South Dakota; and (c) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and WHEREAS, the City of Sioux Falls acknowledges that the state of South Dakota, in its sole discretion, may retain full use of these funds for the purposes delineated in the CARES Act; and WHEREAS, the City of Sioux Falls acknowledges that in order to provide financial assistance to counties and municipalities in South Dakota, the state of South Dakota, in its sole discretion, may allocate CARES Act funds on a statewide basis to reimburse counties and municipalities as delineated herein; and WHEREAS, the City of Sioux Falls seeks funding to reimburse eligible expenditures incurred due to the public health emergency with respect to COVID-19; and  WHEREAS, the City of Sioux Falls acknowledges that any request for reimbursement of expenditures will only be for expenditures that were not accounted for in the budget for the City of Sioux Falls most recently approved as of March 27, 2020; and WHEREAS, the City of Sioux Falls acknowledges that it will only seek reimbursement for costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; NOW, THEREFORE, BE IT RESOLVED: I. That the Mayor may execute any and all documents as required by the state in order to receive CARES Act funds. II. That any request for reimbursement will be only for those costs authorized by the state that: (1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; (2) were not accounted for in the City budget most recently approved as of March 27, 2020; and (3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. III. That the City will not request reimbursement from the state under the CARES Act for costs for which the City previously received reimbursement, or for which the City has a reimbursement request pending before another source. IV. This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk 80. A RESOLUTION APPROVING THE VACATION OF A TWO HUNDRED FIFTY-ONE- (251-) FOOT SECTION OF S. STOAKES AVE. AND ALL OF E. STOAKES CIR. IN SPLITROCK TOWNSHIP, MINNEHAHA COUNTY, SD. A motion was made by to adopt Resolution No. 77-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 77-20 A RESOLUTION APPROVING THE VACATION OF A TWO HUNDRED FIFTY-ONE- (251-) FOOT SECTION OF S. STOAKES AVE. AND ALL OF E. STOAKES CIR. IN SPLITROCK TOWNSHIP, MINNEHAHA COUNTY, SD.  WHEREAS, a petition was filed with Split Rock Township requesting that the following Two Hundred Fifty-One- (251-) foot section of S. Stoakes Ave. and all of E. Stoakes Cir. be vacated: That portion of S. Stoakes Ave. located between the north property line of Lot 6 of Block 1 of Split Rock Heights 3rd Addition and the currently platted S. Stoakes Ave. cul-de-sac located Two Hundred Fifty-One (251') feet to the north AND all of E. Stoakes Cir. from S. Stoakes Ave. to the east; Also described as: Lot 6 Harr’s Subdivision of Tract 1 of Pleasant View Acres in the North Half (N1/2) of the Southeast Quarter (SE1/4) of Section 19, Township 101 North, Range 48 West of the Fifth P.M., Minnehaha County, South Dakota; and WHEREAS, notice of hearing was given by Split Rock Township pursuant to SDCL § 31-3-7; and WHEREAS, a hearing was held on May 12, 2020, 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 20-03; and WHEREAS, the above-described portions of S. Stoakes Ave. and E. Stoakes Cir. lie 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 portions of S. Stoakes Ave. and E. Stoakes Cir. That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a transcript of such duly certified resolution. Date adopted: 07/07/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 81. A RESOLUTION VACATING A PORTION OF THE 66-FOOT-WIDE SECTION LINE RIGHT-OF-WAY AND ABUTTING 10-FOOT UTILITY EASEMENT WITHIN SAID PROPERTIES, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, August 11, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of hearing for Tuesday, August 11, 2020 for Item 81.  Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 82. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 76-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 76-20 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Robin Burnley Civil Service Board Reappointed for a term from July 2020 to July 2025. Date adopted: 07/07/20 . Paul Ten Haken, Mayor ATTEST: Thomas Greco, City Clerk ADJOURNMENT A motion was made by Council Member Stehly and seconded by Council Member Starr to adjourn at 9:54 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk