City Council Meeting

MINUTES City Council Meeting Tuesday, August 11, 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 Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (via telecom), Mayor Paul TenHaken Absent: None 2. INVOCATION  Rev. Brett Best, Pastor of Emmanuel Baptist 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: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A request was made by Council Member Janet Brekke to place Sub-Items 2 and 12 from Agenda Item 6 on the Regular Agenda for Council Discussion (2. Electric Lights. 20001, Electric Lights Unforeseen Projects - Whittier Neighborhood Conversion - 6th Street to Austin Street and Sherman Avenue to Blauvelt Avenue; To award a bid. 20- 1102. Builders Electric, LLC, $249,970.25 and 12. Planning & Development Services/Housing Storm Drainage. Site Acquisition/Development Agreement; amendment to provide funding to Habitat for Humanity for acquisition, design, infrastructure and construction. Funding will be used to increase the availability of affordable housing units. Housing will provide up to $100,000 for acquisition of the property and a portion of the final design. The infrastructure for the project of $24,200 will be divided. Housing will provide 1/3 of the costs ($12,100) and Public Works Storm Drainage will provide 1/3 of the costs ($12,100). Any costs in excess of this amount will  be paid by Habitat for Humanity. Habitat for Humanity of Greater Sioux Falls, Inc., $124,200.00). 5. APPROVAL OF MINUTES  Budget Hearings of Tuesday, August 4, 2020  Regular City Council Meeting of Tuesday, August 4, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 7, 2020. A motion was made by Council Member Brekke and seconded by Council Member Starr to approve Sub-Item 2 to Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Brekke and seconded by Council Member Erickson to approve Sub-Item 12 to Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated August 7, 2020. 8. Report of Requests for Quotes for Fuel dated: August 3, 2020; Unleaded Ethanol (6,750 Gallons) and Dyed Diesel #2 (9,250 Gallons); Coles Petroleum (Unleaded $1.433 and Dyed Diesel $1.308); Farstad Oil (Unleaded $1.4245 and Dyed Diesel $1.30); and CHS Oil, no bid. Bid awarded to: Farstad Oil Truck 1 and Coles Petroleum Truck 2. REGULAR AGENDA 9. 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: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 10. PUBLIC INPUT The following people expressed support for the Sioux Falls Municipal Band and for keeping it in the city budget: Dr. Peter Folliard, Kathy Bangasser, Robert Kolbe, and Susie Garry Weber.  David Zokaites spoke about racist marijuana enforcement. Dennis Haugen praised the City Council for the work that they are doing. Sub-Items 2 and 12 from Agenda Item 6 were heard at this time. See Item 6 for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30 “CITY COUNCIL” TO ENHANCE TRANSPARENCY IN CITY GOVERNMENT. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 66-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED JOINT ZONING ORDINANCE FOR LINCOLN COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY LEGALLY DESCRIBED AS TRACT 1 POPPINGA’S ADDITION IN THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 20, TOWNSHIP 100 NORTH, RANGE 49 WEST OF THE 5TH PRINCIPAL MERIDIAN, LINCLON COUNTY, SOUTH DAKOTA, FROM THE “A-1” AGRICULTURAL DISTRICT TO THE “C” COMMERCIAL DISTRICT. Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Lincoln County Commission Meeting of Tuesday, August 25, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, August 25, 2020 for Item 12. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 13. 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. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 84-20. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to amend the third property description by changing "Outlet" to "Outlot". Roll call vote to amend. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 84-20 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. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described properties: Tract 1 of Willow Run Addition in Section 20, T101N, R48W, Minnehaha County, South Dakota Tract 5 of Willow Run Addition in Section 20, T101N, R48W, Minnehaha County, South Dakota Outlot B of Arbor’s Edge, an addition to the City of Sioux Falls, Minnehaha County, South Dakota Tract F of Arbor’s Edge, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on August 11, 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 66-foot-wide section line right-of-way and abutting 10-foot Utility Easement, 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: 08/11/20. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 14. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 85-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 85-20 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/20. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.50 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2021. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2020, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2020. Thomas Greco, City Clerk 15. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Starr and seconded by Council Member Selberg to adopt Resolution No. 86-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 86-20 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.50 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2021. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2020, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2020. Thomas Greco, City Clerk 16. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 87-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 87-20 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for snow removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.50 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2021. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2020, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2020. Thomas Greco, City Clerk 17. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 88-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 88-20 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for litter removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.50 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2021. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2020, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2020. Thomas Greco, City Clerk 18. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 89-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 89-20 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for repair or demolition of real property in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 4.50 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2021. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 11th day of August, 2020, and that the entire assessment may be paid without interest to the City Finance Office on or before September 10, 2020. Thomas Greco, City Clerk 19. A RESOLUTION APPROVING THE RELEASE OF A GENERAL UTILITY EASEMENT LOCATED WITHIN LOT 15A, LOT 16, LOT 32 AND LOT 33 IN BLOCK 6 OF THE GRAND PRAIRIE, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 90-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 90-20 A RESOLUTION APPROVING THE RELEASE OF A GENERAL UTILITY EASEMENT LOCATED WITHIN LOT 15A, LOT 16, LOT 32 AND LOT 33 IN BLOCK 6 OF THE GRAND PRAIRIE, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs a portion of a general utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the general utility easement was created by the permanent public and/or private utility easement document and recorded and filed in Book 21 of Misc. on page 924 in the office of the Register of Deeds for Lincoln County, SD, on December 23, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a portion of a general utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 15A, Lot 16, Lot 32 and Lot 33 in Block 6 of the Grand Prairie, an Addition to the City of Sioux Falls, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING INSPECTION AND SALVAGE AGREEMENT. A motion was made by Council Member Starr and seconded by Council Member Selberg to adopt Resolution No. 91-20. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 91-20 A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING INSPECTION AND SALVAGE AGREEMENT WHEREAS, the City owns the following real property: Lot 37 in Block 11 of the re-plat of West Mesa Highlands: Block 3 Lot 4 – Block 4 Lots 5 thru 13 – Block 7 Lots 3, 8 thru 21, 37 thru 45 & 62 – Block 9 Lots 1, 10, 11 & 18 – Block 10 Lots 7, 8 & 9 – Block 11 Lots 14, 17 thru 20, 22, 23, 25, 36, 37, 38, NW1/4 of Section 35-T101N-R50W, Minnehaha County, South Dakota, commonly known as 4209 S. Palisade Lane, Sioux Falls, SD; Lot 36 in Block 11 of the re-plat of West Mesa Highlands: Block 3 Lot 4 – Block 4 Lots 5 thru 13 – Block 7 Lots 3, 8 thru 21, 37 thru 45 & 62 – Block 9 Lots 1, 10, 11 & 18 – Block 10 Lots 7, 8 & 9 – Block 11 Lots 14, 17 thru 20, 22, 23, 25, 36, 37, 38, NW1/4 of Section 35-T101N-R50W, Minnehaha County, South Dakota, commonly known as 4205 S. Palisade Lane, Sioux Falls, SD; and Lot 1, Block 23 of Western Heights Add’n to the City of Sioux Falls, Minnehaha County, South Dakota, commonly known as 4201 S. Holbrook Avenue, Sioux Falls, SD; and Lot 2A, Block 23 of Western Heights Add’n to the City of Sioux Falls, Minnehaha County, South Dakota, commonly known as 4217 South Palisade Lane, Sioux Falls SD; and Lot 38 in Block 11 of the re-plat of West Mesa Highlands: Block 3 Lot 4 – Block 4 Lots 5 thru 13 – Block 7 Lots 3, 8 thru 21, 37 thru 45 & 62 – Block 9 Lots 1, 10, 11 & 18 – Block 10 Lots 7, 8 & 9 – Block 11 Lots 14, 17 thru 20, 22, 23, 25, 36, 37, 38, NW1/4 of Section 35-T101N-R50W, Minnehaha County, South Dakota, commonly known as 4213 South Palisade Lane, Sioux Falls, SD. WHEREAS, pursuant to SDCL 6-5-2 any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-1, The governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the 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: Lot 37 in Block 11 of the re-plat of West Mesa Highlands: Block 3 Lot 4 – Block 4 Lots 5 thru 13 – Block 7 Lots 3, 8 thru 21, 37 thru 45 & 62 – Block 9 Lots 1, 10, 11 & 18 – Block 10 Lots 7, 8 & 9 – Block 11 Lots 14, 17 thru 20, 22, 23, 25, 36, 37, 38, NW1/4 of Section 35-T101N-R50W, Minnehaha County, South Dakota, commonly known as 4209 S. Palisade Lane, Sioux Falls, SD; Lot 36 in Block 11 of the re-plat of West Mesa Highlands: Block 3 Lot 4 – Block 4 Lots 5 thru 13 – Block 7 Lots 3, 8 thru 21, 37 thru 45 & 62 – Block 9 Lots 1, 10, 11 & 18 – Block 10 Lots 7, 8 & 9 – Block 11 Lots 14, 17 thru 20, 22, 23, 25, 36, 37, 38, NW1/4 of Section 35-T101N-R50W, Minnehaha County, South Dakota, commonly known as 4205 S. Palisade Lane, Sioux Falls, SD; and Lot 1, Block 23 of Western Heights Add’n to the City of Sioux Falls, Minnehaha County, South Dakota, commonly known as 4201 S. Holbrook Avenue, Sioux Falls, SD; Lot 2A, Block 23 of Western Heights Add’n to the City of Sioux Falls, Minnehaha County, South Dakota, commonly known as 4217 South Palisade Lane, Sioux Falls SD; and Lot 38 in Block 11 of the re-plat of West Mesa Highlands: Block 3 Lot 4 – Block 4 Lots 5 thru 13 – Block 7 Lots 3, 8 thru 21, 37 thru 45 & 62 – Block 9 Lots 1, 10, 11 & 18 – Block 10 Lots 7, 8 & 9 – Block 11 Lots 14, 17 thru 20, 22, 23, 25, 36, 37, 38, NW1/4 of Section 35-T101N-R50W, Minnehaha County, South Dakota, commonly known as 4213 South Palisade Lane, Sioux Falls, SD. Section 2. The above-described surplus property shall be demolished, destroyed, or removed from the real property. Section 3. That it approves the document titled, “Inspection and Salvage Agreement.” That said agreement is attached hereto and made part of this Ordinance as if set out in full. Section 4. That the Mayor is authorized to sign on behalf of the City the Inspection and Salvage Agreement, and any and all other documents that may be necessary to transfer ownership of such surplus property, to South Eastern Development Foundation, a South Dakota nonprofit corporation pursuant to the attached agreement to be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2021 STATE LEGISLATIVE SESSION. A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 92-20. Roll call vote to adopt. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. RESOLUTION NO. 92-20 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2021 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports legislation allowing alternative publication options for local government. 2. The Sioux Falls City Council supports legislation providing county commissions the option to reduce the number of official newspapers to one. 3. The Sioux Falls City Council supports legislation that expands workforce-housing opportunities in South Dakota. 4. The Sioux Falls City Council supports legislation to allow a local option, a gross receipts tax on alcoholic beverages, to fund county services. 5. The Sioux Falls City Council supports tax increment financing (TIF), an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. 6. The Sioux Falls City Council supports legislation that provides additional funding for mental health, drug and alcohol education, intervention, and treatment programs. 7. The Sioux Falls City Council supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. 8. The Sioux Falls City Council supports efforts to eliminate double taxation on public projects through the state use and contractor’s excise taxes. 9. The Sioux Falls City Council supports state funding for human service agency transportation to offset the costs to local public and nonprofit transportation systems. 10. The Sioux Falls City Council supports state funding initiatives to mitigate the emerald ash borer infestation. 11. The Sioux Falls City Council supports eliminating presumptive probation for Class 5 and 6 felonies as it relates to controlled substances. 12. The Sioux Falls City Council places a high priority on safeguarding and conserving both the quality and quantity of our area’s natural amenities. Government, in partnership with business, should share responsibility in conserving, enhancing, and protecting our water quality, air quality, and land. Given the substantial public and private investments to develop the river greenway, and the potential to develop a first-class amenity in our community, strategies to support a cleanup of the Big Sioux River and its tributaries should be identified and implemented. 13. The Sioux Falls City Council embraces the opportunities that our state’s growing diversity provides for a culturally and talent-rich community. We will work with the governor, the legislature, state agencies, and elected officials to develop efforts to engage and include all individuals. Legal immigration and refugee resettlement are proven and vital strategies to combat workforce shortages. We will also oppose initiatives that inappropriately sanction or discriminate against individuals or groups. 14. The Sioux Falls City Council supports legislation that eliminates any regulatory barriers within state law that prevents or stifles the creation of triage centers, which provide detoxification services to those seeking treatment for substance abuse, and crisis stabilization for mental health issues. 15. The Sioux Falls City Council supports legislation that promotes pollinator friendly plantings on all state-owned properties and right-of-way. 16. The Sioux Falls City Council urges the State of South Dakota to provide adequate funding to reconstruct a portion of Slip Up Creek Rd. from 476th Ave. to the South Dakota State Veterans Cemetery. 17. The Sioux Falls City Council supports the efforts to raise the bid limit for supplies and services from $25,000 to $50,000. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND SIOUX EMPIRE LEADERSHIP COUNCIL. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 93-20.  Roll call vote to adopt. 7 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. RESOLUTION NO. 93-20 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND SIOUX EMPIRE LEADERSHIP COUNCIL. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following City Council appointments: Name Board Term Pat Starr SECOG Appointed for a term to expire June 1, 2021. Janet Brekke SECOG Appointed for a term to expire June 1, 2021. Jim David SECOG Appointed for a term to expire June 1, 2021, as an alternate. Rick Kiley UDC Appointed for a term to expire June 1, 2021. Greg Neitzert UDC Appointed for a term to expire June 1, 2021. Marshall Selberg UDC Appointed for a term to expire June 1, 2021. Pat Starr UDC Appointed for a term to expire June 1, 2021. David Bixler and UDC Appointed for a term to expire June 1, 2021, Jim David as alternates. Rick Kiley Sioux Empire Appointed for a term to expire May 17, 2022. Leadership Council Christine Erickson Sioux Empire Appointed for a term to expire May 17, 2022, Leadership Council as an alternate. Section 1. The appointed persons may continue to serve after the expiration of his/her term of office until a replacement is appointed and approved by the City Council. Date adopted: 08/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 23. A RESOLUTION VACATING E. 21ST ST. FROM THE WEST RIGHT-OF-WAY LINE OF S. GARY DR. TO THE EAST PROPERTY LINE OF TRACT 5 OF THE CHERRY CREEK ADDITION TO THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A.  Recommendation: Set a date of hearing for Tuesday, September 8, 2020. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of hearing for Tuesday, September 8, 2020 for Item 23. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 24. A RESOLUTION VACATING A PORTION OF MERLIN AVENUE LYING ADJACENT TO TRACT 1 OF HOBSON’S ADDITION, AN ADDITION IN THE E1/2 OF SECTION 8, T100N, R49W, 5TH P.M., LINCOLN COUNTY, SOUTH DAKOTA, AND ADJACENT TO LOTS 1 AND 2 IN BLOCK 2 OF THE BEND ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, September 8, 2020. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for Tuesday, September 8, 2020 for Item 24. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 25. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED July 31, 2020. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 8:36 p.m. Voice vote to adjourn. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk