City Council Meeting

MINUTES City Council Meeting Tuesday, September 8, 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Dr. Ron Tottingham, Sioux Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 1, 2020  City Council Meeting of Tuesday, September 1, 2020 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated September 4, 2020. 8. Report of Requests for Quotes for Fuel dated: August 27, 2020; Dyed Diesel (3,000 Gallons) and Unleaded (5,000 Gallons); Vollan Oil (Dyed Diesel ($1.3415) and Unleaded ($1.6141)); Sterns Oil (Dyed Diesel ($1.3431) and Unleaded ($1.6365)); Harms Oil (Dyed Diesel ($1.3328) and Unleaded ($1.5737)); Coles Petroleum (Dyed Diesel ($1.3145) and Unleaded ($1.5694)); CHS Inc., Howes Oil, Farstad and Olson Oil, all no bid. Bid awarded to: Coles Petroleum. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: September 1, 2020; # Clear Diesel (9,000 Gallons); Parkland USA/SPF Energy Inc. /Farstad Oil ($1.574); Harms Oil ($1.66674); CHS, Inc. ($1.6175); Petroleum Traders: ($1.6200); Howes Oil. and Midwest Oil, both no bid. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: August 31, 2020; Dyed Diesel (1,500 Gallons) and Unleaded (6,500 Gallons); Harms Oil (Dyed Diesel $1.3198 and Unleaded $1.5586): CHS Inc., Howes Oil, Farstad and Olson Oil no bid. Bid awarded to: Harms Oil. 11. Approval of a request from Cody Lambertz and Justine Lopez to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on October 17, 2020, for the following purpose: wedding ceremony and luncheon. REGULAR AGENDA 12. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve the Regular Agenda. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the Regular Agenda by moving Item 27 immediately after Item 17. Roll call vote to amend. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 13. PUBLIC INPUT Will Anderson spoke about recent CDC guidance addressing rental evictions. Bob Kolbe spoke about the importance of words and public service. David Zokaites spoke about civil asset allocation.  Tim Stanga spoke about activity in the Whittier Neighborhood and code enforcement. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE FIRST AMENDMENT TO OPTION TO PURCHASE REAL ESTATE FROM THE CITY. A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 73-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Ordinance No. 74-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING THE OFFER TO PURCHASE AND DEVELOPMENT AGREEMENT. A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 75-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA (THE “CITY”), AUTHORIZING THE ISSUANCE OF ITS SALES TAX REVENUE BONDS (THE “SERIES 2020 BONDS”); AUTHORIZING THE USE OF THE PROCEEDS THEREOF TOGETHER WITH ANY OTHER AVAILABLE FUNDS TO (1) DESIGN, CONSTRUCT, EQUIP AND/OR FURNISH A NEW PUBLIC SAFETY TRAINING AND METRO 911 PSAP FACILITY AND, SUBJECT TO AVAILABILITY OF FUNDS, PAY THE COSTS OF DEMOLITION OF THE OLD FIRE TRAINING SITE AND POLICE GUN RANGE LOCATED AT 3401 N. WESTERN AVE., (2) REFUND ALL OR A PORTION OF ONE OR MORE OF THE OUTSTANDING CITY OF SIOUX FALLS (A) SALES TAX REVENUE BONDS, SERIES 2009A, (B) SALES TAX REVENUE BONDS, SERIES 2009B-1 AND (C) TAXABLE SALES TAX REVENUE BONDS (RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS), SERIES 2009B-2 AND (3) PAY THE COST OF ISSUANCE THEREOF; PLEDGING A PORTION OF THE SALES AND USE TAX PROCEEDS OF THE CITY TO THE PAYMENT OF SAID SERIES 2020 BONDS;  FIXING THE TERMS OF SUCH SERIES 2020 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE SUPPLEMENTAL INDENTURES TO THE AMENDED AND RESTATED INDENTURE OF TRUST ENTERED INTO BY THE CITY TO SECURE SALES TAX BONDS; AUTHORIZING THE SALE, EXECUTION, AND DELIVERY OF SUCH SERIES 2020 BONDS IN AN AMOUNT SUFFICIENT TO (I) FUND A DEPOSIT OF BOND PROCEEDS IN AN AMOUNT NOT TO EXCEED $50,000,000 TO A CONSTRUCTION FUND TO FINANCE SUCH PROJECT, (II) FUND DEPOSITS TO THE APPLICABLE REDEMPTION ACCOUNTS TO REDEEM ANY SUCH REFUNDED BONDS, (III) PAY COSTS OF ISSUANCE OF SUCH SERIES 2020 BONDS, AND (IV) FUND CAPITALIZED INTEREST, IF ANY, AND A DEBT SERVICE RESERVE FUND; AND AMENDING CERTAIN COVENANTS IN THE AMENDED AND RESTATED INDENTURE WITH RESPECT TO ADDITIONAL BONDS AND ESTABLISHING A COMMON DEBT SERVICE RESERVE FOR ADDITIONAL. A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 76-20. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend Ordinance No. 76-20 by inserting "BONDS" as the last word in the title. Roll call vote to amend. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Agenda Item 27 was heard at this time. See Agenda Item for action taken. ORDINANCE FIRST READINGS 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2021. Recommendation: Set a date of 2nd Reading for Tuesday, September 15, 2020. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, September 15, 2020 for Item 18. Roll call vote to set a date of 2nd Reading. 6 Yes: Neitzert, Selberg, Brekke, Erickson, Jensen, Kiley; 1 No: Starr. Motion Passed. HEARINGS AND RESOLUTIONS 19. PUBLIC HEARING FOR A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2021, AND THE 2021-2025 CAPITAL PROGRAM.  Public comment was provided on the Municipal Band and the increase in property tax revenue. 20. 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. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 98-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 98-20 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. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Tract 5 of the Cherry Creek Addition to the City of Sioux Falls, South Dakota Lot 3, exc. Lot 3A, and all of Lot 4, Block 27, Hilltop Heights, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lots 1, 2 and 3, Block 28, Hilltop Heights, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on September 8, 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 E. 21st St. right-of-way, as shown on Exhibit A, be and the same hereby is declared vacated, and subject to 10' utility easements reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A 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, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/08/20 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. 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. A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 99-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 99-20 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. WHEREAS, a petition to vacate city right–of-way has been filed by the owners of the following described property: Tract 1 of Hobson’s Addition, an Addition in the E1/2 of Section 8, T100N, R49W, 5th P.M., Lincoln County, South Dakota Lots 1 and 2 in Block 2 of the Bend Addition to the City of Sioux Falls, Lincoln County, South Dakota WHEREAS, the hearing was held on September 8, 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 Merlin Avenue 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, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/08/20 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY EASEMENT LOCATED IN LOTS 1 AND 2 IN BLOCK 2 OF THE BEND ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 100-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 100-20 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY EASEMENT LOCATED IN LOTS 1 AND 2 IN BLOCK 2 OF THE BEND ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a permanent 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 permanent utility easement was established by plat and filed in Book 3 of Plats on page 58 in the office of the Register of Deeds for Lincoln County, SD, on June 1, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lots 1 and 2 in Block 2 of the Bend 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: 09/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 23. A RESOLUTION APPROVING THE RELEASE OF A VESTED DRAINAGE RIGHT LOCATED IN LOT 3C IN BLOCK 2 OF WESTERN VALLEY ADDITION TO THE CITY OF SIOUX FALLS AND TRACT 4 OF BURLINGTON NORTHERN SANTA FE ADDITION TO THE CITY OF SIOUX FALLS ALL IN, MINNEHAHA COUNTY, SD. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 101-20.  Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 101-20 A RESOLUTION APPROVING THE RELEASE OF A VESTED DRAINAGE RIGHT LOCATED IN LOT 3C IN BLOCK 2 OF WESTERN VALLEY ADDITION TO THE CITY OF SIOUX FALLS AND TRACT 4 OF BURLINGTON NORTHERN SANTA FE ADDITION TO THE CITY OF SIOUX FALLS ALL IN, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the vested drainage right 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; and WHEREAS, the vested drainage right was established by a vested drainage right document and recorded in Book 238 of Misc. on page 7 in the office of the Register of Deeds for Minnehaha County, SD, on September 11, 2000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the vested drainage right as shown on attached Exhibit A, and affecting the real property described as Lot 3C in Block 2 of Western Valley Addition to the City of Sioux Falls AND Tract 4 of Burlington Northern Santa Fe Addition to the City of Sioux Falls all in, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 09/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION IN VACATION RESOLUTION NO. 72-20. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to adopt Resolution No. 102-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 102-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION IN VACATION RESOLUTION NO. 72-20.  WHEREAS, on July 7, 2020, the City Council of the City of Sioux Falls adopted Resolution No. 72-20, attached hereto as Exhibit 1, to vacate the public right-of-way described as “South Scarlet Oak Trail” with said property being shown on Exhibit A as attached to Exhibit 1; and WHEREAS, Resolution No. 72-20 identified the petitioners’ property involved, but a legal description within that Resolution as adopted by the City Council of the City of Sioux Falls on July 7, 2020, was incorrect; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the descriptions of the petitioner’s property adjoining the vacated right-of-way described as South Scarlet Oak Trail in Resolution No. 72-20 are hereby corrected to read as follows: 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 Outlot B of Arbor’s Edge an Addition to the City of Sioux Falls, Minnehaha County, South Dakota And that all prior City acts based on such prior vacation are hereby ratified, 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: 09/08/20 . Paul Ten Haken, Mayor Attest: Thomas Greco, City Clerk 25. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SD. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 103-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 103-20 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MAIN STREET BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SIOUX FALLS, SD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  Section 1. That the 2020 special assessment roll for the Main Street Business Improvement District in the City of Sioux Falls, SD, is hereby approved, and the assessment as set out in said special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of said special assessment roll in the City Finance Office. Section 2. Said assessment may be paid in one annual installment based on the assessed valuations of the property adjusted each year and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 09/08/20 . 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 2.5% interest for the quarterly rate each year 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 8th day of September, 2020, and that the whole of said assessment may be paid without interest to the City Finance Office on or before 30 days after said filing. Thomas Greco, City Clerk 26. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. (ANNEXATION 12555- 2020: 26987 S. Minnesota Ave. (W. 81st St. and S. Minnesota Ave.)) A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adjourn Resolution No. 104-20. Roll call vote to adjourn. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 104-20 ANNEXATION 12555-2020: 26987 S. Minnesota Ave. (W. 81st St. and S. Minnesota Ave.) A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD.  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; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. 81st St. and S. Minnesota Ave. 4. Sewer is available to site immediately. 5. Water service is available to site immediately. 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: E1/2 of the SE1/4 (except Trecom Addition and Fischenich Addition and except Lot H-1) of Section 15, Township 100N, Range 50 of the 5th P.M., including all adjacent unannexed right-of-way, in Lincoln County, SD And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 09/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 27. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO THE JOINT PUBLIC SAFETY ANSWERING POINT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MINNEHAHA COUNTY. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 97-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 97-20  A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO THE JOINT PUBLIC SAFETY ANSWERING POINT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MINNEHAHA COUNTY. WHEREAS, the City of Sioux Falls (the “City”) and Minnehaha County (the “County”) continue to recognize the mutual benefits from consolidating all public safety communications within the county at one location from which emergency and nonemergency communication services are provided to the public; and WHEREAS, the City and the County have jointly determined that the existing communication location is insufficient to meet the growing emergency and nonemergency communications needs for the City and the County; and WHEREAS, the City and the County have, determined that there is a need for a new communication location and that such should be jointly constructed to accommodate the increased demand for services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Joint Public Safety Answering Point Agreement” is hereby approved. That the Mayor is authorized to sign such Agreement after it is ratified and executed by the County. Date adopted: 09/08/20 . Paul Ten Haken, Mayor Attest: Thomas Greco, City Clerk 28. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT FOR POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. A motion was made by Council Member Brekke and seconded by Council Member Kiley to adopt Resolution No. 105-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 105-20 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT FOR POLICE OFFICERS AND SERGEANTS SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE NO. 1 L.C. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the Collective Bargaining Agreement between the City of Sioux Falls and Fraternal Order of Police Lodge No. 1 L.C. providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. Date adopted: 09/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 29. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS FIREFIGHTERS ASSOCIATION. A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 106-20. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 105-20 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS FIREFIGHTERS ASSOCIATION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Collective Bargaining Agreement between the City of Sioux Falls and Sioux Falls Firefighters Association providing for terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. Date adopted: 09/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 30. A RESOLUTION RECOMMENDING THAT THE CITY NEGOTIATE A MUNICIPAL BAND BANDMASTER AGREEMENT. A motion was made by Council Member Starr and seconded by Council Member Brekke to adopt Item 30. Roll call vote to adopt. 2 Yes: Starr, Brekke; 5 No: Neitzert, Selberg, Erickson, Jensen, Kiley. Motion Failed. NEW BUSINESS  Council Member Greg Neitzert removed himself from the dais for Items 31, 32, and 33 on the grounds that he is not an Eligible Council Member for discussion and action on said items. 31. SET A DATE OF PUBLIC HEARING ON REPORT OF BOARD OF ETHICS PURSUANT TO SECTION 35.058 OF THE CODE OF ORDINANCES FOR THURSDAY, SEPTEMBER 10, 2020 AT 6 P.M. IN CARNEGIE TOWN HALL, 235 W. 10TH ST. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for for Item 31. Roll call vote to set a date of hearing. 6 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 32. SUBPOENAS FOR THE PUBLIC HEARING ON REPORT OF BOARD OF ETHICS HELD PURSUANT TO SECTION 35.058 OF THE CODE OF ORDINANCES Council Member Pat Starr moved a point of order in objection to Attorney Christopher Sommers' comments on the grounds they are not relevent to the agenda item. Mayor Paul TenHaken ruled the comments were relevent. A motion was made by Council Member Starr and seconded by Council Member Brekke to appeal from a decision of the chair . Roll call vote to appeal from a decision of the chair. 2 Yes: Starr, Brekke; 4 No: Selberg, Erickson, Jensen, Kiley. Motion Failed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Council Member Pat Starr moved a point of order in objection to Attorney Christopher Sommers' comments on the grounds that the comments amounted to testimony and were an attack on the reputation of Council Member Starr. Mayor Paul TenHaken ruled the comments were in order. A motion was made by Council Member Starr to appeal from a decision of the chair . A motion was made by Council Member Erickson and seconded by Council Member Kiley to subpoena John Cunningham. Roll call vote to subpoena. 6 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Erickson and seconded by Council Member Kiley to subpoena Council Member Greg Neitzert.  Roll call vote to subpoena. 6 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Erickson and seconded by Council Member Kiley to subpoena any and all documents relating to Ethics Complaint 20-A and 20-B. Roll call vote to subpoena. 6 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 33. ESTABLISH PROTOCOLS FOR THE PUBLIC HEARING ON REPORT OF BOARD OF ETHICS HELD PURSUANT TO SECTION 35.058 OF THE CODE OF ORDINANCES. A motion was made by Council Member Brekke and seconded by Council Member Starr to allow the client of R. Shawn Tornow to examine witnesses. Roll call vote to allow. 2 Yes: Starr, Brekke; 4 No: Selberg, Erickson, Jensen, Kiley. Motion Failed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 10:33 p.m. Voice vote to adjourn. 6 Yes: Selberg, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Thomas M. Greco, City Clerk