City Council Meeting

MINUTES City Council Meeting Tuesday, June 13, 2023, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Oscar Mata, Church of God (Seventh Day) 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Recognition to Councilors Curt Soehl and Alex Jensen for serving as Chair and Vice Chair of the Sioux Falls City Council CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Merkouris to place Sub-Item 14, from Agenda Item 7 on the Regular Agenda, after Agenda Item 19, for Council discussion: (Parks/Recreation; Funding agreement between the City of Sioux Falls and the Sioux Falls School District No. 49-5 for the operations of the community learning center model; 23-4175; Sioux Falls School District 49-5; $2,000,000). A motion was made by Council Member Selberg and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 6, 2023  Regular City Council Meeting of Tuesday, June 6, 2023 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated June 9, 2023. A motion was made by Council Member Merkouris and seconded by Council Member Cole to approve Sub-Item 14 from Agenda Item 7. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 8. Parcel #280.87.06.021, for 2023 property taxes in the amount of $2,495.13. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 9. Parcel #280.22.24.005, for 2023 property taxes in the amount of $1,969.66. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend by moving Agenda Item 23 after Agenda Item 11. Roll call vote to amend. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 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 32: CITY ORGANIZATIONS, SUBCHAPTER: INTERNAL AUDIT. Sponsor: Council Members Merkouris and Jensen  A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Ordinance No. 37-23. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Item 23 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 12. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 13. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR FUTURE CASH GIFTS FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 14. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE DEVELOPMENT OF PROPERTY COMMONLY REFERRED TO AS KIWANIS PARK.” Sponsor: Mayor  A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR A COMMUNITY AWARENESS CAMPAIGN. Sponsors: Council Members Cole and Selberg A motion was made by Council Member Cole and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, June 20, 2023 for Item 16. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: VACANT BUILDINGS. Sponsors: Council Members Soehl and Selberg A motion was made by Council Member Soehl and seconded by Council Member Selberg to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 17. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL, SUBCHAPTER: ORGANIZATION AND PROCEDURE, TO ESTABLISH A PROCESS TO REMOVE EMPLOYEES SUBJECT TO CITY COUNCIL DISCRETION. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Wednesday, July 5, 2023 for Item 18. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 19. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS SCHOOL DISTIRCT NO. 49-5 FOR JOINT USE OF PUBLIC FACILITIES AND CITY-OWNED PARKS. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Cole to adopt Resolution No. 50-23.  Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 50-23 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS SCHOOL DISTIRCT NO. 49-5 FOR JOINT USE OF PUBLIC FACILITIES AND CITY-OWNED PARKS. WHEREAS, the City of Sioux Falls and Sioux Falls School District No. 49-5 desire to enter into a joint use agreement setting forth the responsibilities of each agency as they relate to the joint use of public facilities and City-owned parks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it hereby approves the document titled “Agreement Between the City of Sioux Falls and Sioux Falls School District No. 49-5 for Joint Use of Public Facilities and City- Owned Parks.” That the Mayor of Sioux Falls be authorized to execute the joint powers agreement described above, a copy of which is attached hereto and incorporated herein by this reference. That the City shall publish this Resolution without attachment after its passage. The attachments are on file and available in the office of the City Clerk. Date adopted: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk Sub-Item 14, from Agenda Item 7 was heard at this time. See Agenda Item 7 for action taken. 20. A RESOLUTION DECLARING CERTAIN FIXED ASSETS OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE SIOUX FALLS SCHOOL DISTRICT. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Resolution No. 51-23. A motion was made by Council Member Neitzert and seconded by Council Member Starr to amend by deleting the "Sculpture Bust of Kenny Anderson, Granite Pedestal for Kenny Anderson Bust, and Bronze Plaque 33' x 11' Placed on Granite" from the Fixed Assets identified under the first WHEREAS clause". Roll call vote to amend. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 51-23 A RESOLUTION DECLARING CERTAIN FIXED ASSETS OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE SIOUX FALLS SCHOOL DISTRICT. WHEREAS, the City owns the following community center property (the “Property”): LOCATION FIXED ASSETS Kuehn Community Center: Foosball Table, Heavy Duty Foosball Table, Heavy Duty Oyate Community Center: Pool Table Valley Tiger 93 and Accessory Maricar Community Center: Foosball Table, Heavy Duty Foosball Table, Heavy Duty Kenny Anderson Community Center: Pool Table, Wood Grain Pool Table Valley Tiger 93 and Accessory Morningside Community Center: Foosball Table LOCATION NON-FIXED ASSETS Miscellaneous programming supplies including, but not limited to, tables, chairs, cabinets, tv carts, other furniture, and games All Community Centers: Miscellaneous kitchenette items including, but not limited to, appliances, kitchenware and equipment WHEREAS, pursuant to SDCL 6-5-5, any municipality may convey any personal property to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; and WHEREAS, the Sioux Falls School District is a political subdivision of the State of South Dakota; 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 above-described Property is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the City desires to surplus the Property and gift the same to the Sioux Falls School District; and WHEREAS, the Sioux Falls School District finds it desirable to acquire said Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That, pursuant to SDCL Chapter 6-13, the above-described Property is surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired; and Section 3. That the gifting for a public purpose by the City of Sioux Falls of the Property to the Sioux Falls School District is hereby approved. Date adopted: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 21. A RESOLUTION URGING THE PARKS AND RECREATION DEPARTMENT TO IDENTIFY SPACE FOR WEEKEND INDOOR RECREATION AND ROOM RENTAL OPPORTUNITIES. Sponsors: Council Members Merkouris and Cole A motion was made by Council Member Merkouris and seconded by Council Member Cole to adopt Resolution No. 52-23. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 52-23 A RESOLUTION URGING THE PARKS AND RECREATION DEPARTMENT TO IDENTIFY SPACE FOR WEEKEND INDOOR RECREATION AND ROOM RENTAL OPPORTUNITIES. WHEREAS, the City of Sioux Falls opened its first community center, named in honor of former City Commissioner Kenny Anderson Sr., in 1994; and WHEREAS, until last month, the Sioux Falls Parks and Recreation Department operated five community centers in cooperation with the Sioux Falls School District; and  WHEREAS, the community centers offered needed public recreation and meeting space during the weekend that is no longer available; and WHEREAS, during the first three months of 2023, more than 8,000 visits were recorded for weekend open recreation, and more than 3,600 visits were recorded for meeting room attendance by the Sioux Falls Parks and Recreation Department; and WHEREAS, the U.S. Surgeon General has declared “loneliness” a nationwide epidemic; therefore, the City needs to intentionally have space available for community building; and WHEREAS, the City of Sioux Falls Parks and Recreation System Plan 2020-2024 acknowledges through a statistically valid survey that the community desires indoor programming space; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council urges the Parks and Recreation Department to identify space that could be made available to the public for weekend indoor recreation and room rental opportunities (birthday parties, reunions, etc.), and provide the financial costs associated with these findings to the City Council within 90 days following the effective date of this resolution. Date adopted: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 22. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Neitzert to adopt Resolution No. 53-23. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 53-23 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  Carol Muller Board of Ethics Appointed for a term from July 2023 to July 2027. Devin Jenelle Disability Awareness Appointed for a term from July 2023 Labbee-Darling and Accessibility to July 2026. Review Board Mychelle Garrigan Disability Awareness Appointed for a term from July 2023 and Accessibility to July 2026. Review Board Patti Abdallah Washington Pavilion Appointed for a term from June 2023 Management Inc. to May 2026. Board Kerri Tietgen Washington Pavilion Reappointed. Management Inc. Board Eric Weisser Washington Pavilion Reappointed. Management Inc. Board Date adopted: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 23. A RESOLUTION IN SUPPORT OF A CO-SOURCE INTERNAL AUDIT APPROACH. Sponsors: Council Members Merkouris and Jensen A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Resolution No. 54-23. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 54-23 A RESOLUTION IN SUPPORT OF A CO-SOURCE INTERNAL AUDIT APPROACH. WHEREAS, the City Council finds that good governance, transparency, and accountability are critical in the public sector for the effective and credible functioning of a healthy democracy, and in fulfilling the government's responsibility to citizens and taxpayers (City Ordinance §32.010); and WHEREAS, internal audit is designed to add value and improve an organization's operations by utilizing a systematic, disciplined approach to evaluate and improve risk management, internal control, and governance processes; and  WHEREAS, the Audit Committee on March 1, 2023, approved a motion to form a working group of the committee to evaluate a co-source internal audit approach; and WHEREAS, the Audit Committee convened on May 17, 2023, and unanimously approved a motion recommending that the City Council support a co-sourcing internal audit approach and approve any necessary initiatives that accomplish this goal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City Council concurs with the Audit Committee recommendation contained herein. Section 2. That the City Council authorizes the City to issue a request for proposal (RFP) for the purpose of establishing a contract with a qualified firm to provide internal audit services. Section 3. That the City Council authorizes the Audit Committee Chair to appoint an evaluation team, made up of Audit Committee members, to review each proposal and make a recommendation to the City Council. Date adopted: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 24. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, AND URBANIZED DEVELOPMENT COMMISSION (UDC). Sponsors: Council Members Selberg and Merkouris Council Member David Barranco left the meeting at this time. A motion was made by Council Member Merkouris and seconded by Council Member Selberg to adopt Resolution No. 55-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Barranco was not present for the vote on this motion. RESOLUTION NO. 55-23 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, AND URBANIZED DEVELOPMENT COMMISSION (UDC). 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  Curt Soehl SECOG Appointed for a term to expire June 15, 2024. Pat Starr SECOG Appointed for a term to expire May 21, 2024. Jim David SECOG Appointed for a term to expire June 15, 2024, as an alternate. David Barranco UDC Appointed for a term to expire June 15, 2024. Rich Merkouris UDC Appointed for a term to expire June 15, 2024. Greg Neitzert UDC Appointed for a term to expire May 21, 2024. Pat Starr UDC Appointed for a term to expire May 21, 2024. David Bixler and UDC Appointed for a term to expire June 15, 2024, Jim David as alternates. Date adopted: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 25. A RESOLUTION APPROVING THE RELEASE OF PART OF THE 29-FOOT PRIVATE ROAD AND PUBLIC SANITARY SEWER AND WATER MAIN EASEMENT LOCATED IN LOT 4 IN TRACT 1 OF HIDDEN VALLEY STABLES ADDITION TO THE CITY OF SOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Private Applicant(s): DevCo Development A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 56-23. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Barranco was not present for the vote on this motion. RESOLUTION NO. 56-23 A RESOLUTION APPROVING THE RELEASE OF PART OF THE 29-FOOT PRIVATE ROAD AND PUBLIC SANITARY SEWER AND WATER MAIN EASEMENT LOCATED IN LOT 4 IN TRACT 1 OF HIDDEN VALLEY STABLES ADDITION TO THE CITY OF SOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the 29-foot private road and public sanitary sewer and water main 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; and  WHEREAS, the 29-foot private road and public sanitary sewer and water main easement was established by resolution and filed in Book 79 of Plats on page 237 in the office of the Register of Deeds for Minnehaha County, SD, on August 29, 2017; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the 29-foot private road and public sanitary sewer and water main easement, as shown on attached Exhibit A, and affecting the real property described as Lot 4 in Tract 1 of Hidden Valley Stables Addition to the City of Sioux Falls, 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: 06/13/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 26. A RESOLUTION VACATING A PART OF NORTH JESSICA AVENUE BETWEEN EAST 50TH STREET NORTH AND EAST 54TH STEET NORTH, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, July 11, 2023. Private Applicant(s): K-Land, LLC and Koch Equity Corporation A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of hearing for Tuesday, July 11, 2023 for Item 26. Roll call vote to set a date of hearing. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Barranco was not present for the vote on this motion. 27. A RESOLUTION VACATING A PART OF EAST 52ND STREET NORTH FROM NORTH JESSICA AVENUE TO APPROXIMATELY 408' EAST, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, July 11, 2023. Private Applicant(s): K-Land, LLC and Koch Equity Corporation A motion was made by Council Member Jensen and seconded by Council Member Selberg to set a date of hearing for Tuesday, July 11, 2023 for Item 27. Roll call vote to set a date of hearing. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Barranco was not present for the vote on this motion. 28. A RESOLUTION VACATING A PART OF EAST 50TH STREET NORTH FROM NORTH JESSICA AVENUE TO APPROXIMATELY 412' EAST, AS SHOWN ON EXHIBIT A.  Recommendation: Set a date of hearing for Tuesday, July 11, 2023. Private Applicant(s): Koch Equity Corporation and R & D Properties A motion was made by Council Member Merkouris and seconded by Council Member Jensen to set a date of hearing for Tuesday, July 11, 2023 for Item 28. Roll call vote to set a date of hearing. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Dwayne Schipper spoke about water utility rates and infrastructure. Chester Deyoung spoke about utilities and easements. Council Member Rich Merkouris left the meeting at this time. Sierra Broussard spoke about the Mayor, a detective and moral issues. Everett Moran spoke about the Sustainability Plan. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Jensen to adjourn at 8:45 p.m. Voice vote to adjourn. 6 Yes: Cole, Jensen, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk