City Council Meeting

MINUTES City Council Meeting Tuesday, June 11, 2019 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 Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl Absent: Mayor Paul TenHaken 2. INVOCATION  Tom Rooney, Prayer Partner, Direct Line Prayer Center 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: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 4, 2019  Regular City Council Meeting of Tuesday, June 4, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 7, 2019. 7. Notice of change orders on the memorandum dated June 7, 2019. 8. Report of Requests for Quotes for Fuel dated: May 29, 2019; Unleaded Ethanol (8,500 Gallons); #2 Dyed Diesel (7,500 Gallons); Midway Service ($2.2508 Unleaded & $2.417 Diesel); Cole’s Petroleum ($2.2785 Unleaded & $2.0560 Diesel); Farstad Oil ($2.2900 Unleaded & $2.0570 Diesel); Harms Oil ($2.2906 Unleaded & $2.0487 Diesel); CHS, Inc. ($2.3650 Unleaded & $2.0980 Diesel); Howes Oil, Stern Oil and Olson Oil, all no bid. Bid awarded to: Midway Service. 9. Report of Requests for Quotes for Fuel dated: June 4, 2019; 8,500 Gallons of Unleaded Ethanol; Midway Service ($2.0225); Harms Oil ($2.0375); Stern Oil ($2.1029); Farstad Oil ($2.046) CHS, Inc., Cole’s Petroleum, Howes Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 10. Approval of surplus property disposition on the memorandum dated May 31, 2019. 11. Approval of a request from Messiah New Hope Lutheran Church to consume, but not sell, wine and beer at Messiah New Hope Lutheran Church, 5001 E. Madison St., on Sunday, July 28, 2019, for the following purpose: fellowship at their Congregational Fish-Fry and Summer Celebration. 12. Statement of Claim for Mechanic's and/or Materialman's Lien relating to a Public Improvement Project from Asphalt Surfacing Company for work and materials furnished to Dakotaland Sod Farm, Inc., regarding Contract No. 18-1013: Park Roads and Parking Lot Rehabilitation. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend by moving Item 19 before Item 15 and after Item 14. Roll call vote to amend. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Stehly was not present for the vote on this motion. Roll call vote to approve, as amended. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Stehly was not present for the vote on this motion. 14. PUBLIC INPUT Tom Lawrence, representing SD Voice.org, spoke about efforts being made to get two ballot questions placed on the 2020 ballot in South Dakota. Scott Ehrisman spoke about the City Council budget and how the City collects data on citizens from their website. Dwaine Schipper spoke about 2019 Budget increases.  Item 19 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 15. 2nd Reading: AN ORDINANCE APPROVING THE CABLE SYSTEM FRANCHISE RENEWAL AGREEMENT BETWEEN MIDCONTINENT COMMUNICATIONS AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH AUTHORIZING THE MAYOR TO SIGN THE SAME. Council Member Rick Kiley called for a Point of Order. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to withdraw Item 15. Roll call vote to withdraw. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Starr was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. ORDINANCE FIRST READINGS 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE DEFINITION OF E-BICYCLES AND OPERATION OF CERTAIN E-BICYCLES IN THE SAME MANNER AS BICYCLES. Recommendation: Set a date of 2nd Reading for Tuesday, June 18, 2019. A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of hearing for Tuesday, June 18, 2019 for Item 16. Roll call vote to set a date of hearing. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 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 REVISING CHAPTER 116: PAWNBROKERS AND DEALERS IN PRECIOUS METALS AND GEMS TO REMOVE REFERENCE TO GUN DEALERS FROM SEPARATE CONSIDERATION. Recommendation: Set a date of 2nd Reading for Tuesday, June 18, 2019. A motion was made by Council Member Brekke and seconded by Council Member Kiley to set a date of hearing for Tuesday, June 18, 2019 for Item 17. Roll call vote to set a date of hearing. 7 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. HEARINGS AND RESOLUTIONS  18. Deferred from the meeting of Tuesday, June 4, 2019; A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON MAIN AVE. A motion was made by Council Member Erickson and seconded by Council Member Stehly to adopt said Resolution No. 52-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 52-19 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON MAIN AVE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the establishment of diagonal parking on the east side of Main Ave. between Second St. and Third St. Date adopted: 6/11/19 . Erica L. Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, MMC, Assistant City Clerk for Thomas Greco, City Clerk 19. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, SETTING THE FRANCHISE FEE, COMMUNITY GRANT, AND CAPITAL GRANT COLLECTED FROM ALL FRANCHISED CABLE OPERATORS AND OPEN VIDEO SYSTEM OPERATORS. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt said Resolution No. 53-19. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to amend by replacing Res. No. 0043 with amended Res. No. 0043a. Roll call vote to amend. 5 Yes: Stehly, Brekke, Erickson, Neitzert, Selberg; 2 No: Kiley, Soehl. Motion Passed. Starr was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Stehly to amend the amendment by reducing the franchise fee to 2.5 percent. Died for lack of a 2nd. Roll call vote to approve, as amended. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 1 No: Soehl. Motion Passed. RESOLUTION NO. 53-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, SETTING THE FRANCHISE FEE, COMMUNITY GRANT, AND CAPITAL GRANT COLLECTED FROM ALL FRANCHISED CABLE OPERATORS AND OPEN VIDEO SYSTEM OPERATORS. WHEREAS, pursuant to Cable Services Regulatory Ordinance, Section 123.302(a) of the City Code, every grantee of a cable franchise or open video system agreement must pay the same Franchise Fee established by the City Council by resolution in an amount up to five percent (5%) of each grantee’s annual gross revenue; and WHEREAS, the City desires to establish the Franchise Fee for all grantees effective January 1, 2020; BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That each grantee of a cable franchise agreement or open video system agreement subject to the Cable Services Regulatory Ordinance shall pay to the City annually the sum of three percent (3%) of its annual gross revenue as a Franchise Fee in consideration for the privilege of using the public rights-of-way of the City (the “Franchise Fee”). That one percent (1%) of the Franchise Fee set above shall be separately designated as a Community Grant which shall be split one-half percent (.5%) for use by the Sioux Falls School District and one-half percent (.5%) for use by the City in support of PEG access programming. A brief report shall accompany the payment showing the basis for the computation of the amount paid for the Franchise Fee and Community Grant. The Franchise Fee rate authorized by this resolution shall be effective commencing January 1, 2020. Further, upon adoption of this resolution, the Franchise Fee and Community Grant rates set forth in Resolution 112-09 is hereby repealed and is being replaced by this resolution upon its commencement date of January 1, 2020. Date adopted: 6/11/19 . Erica L. Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, MMC, Assistant City Clerk for Thomas Greco, City Clerk 20. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt said Resolution No. 54-19.  Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 54-19 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty- five cents ($.85) per front foot for the year 2020. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 6/11/19 . Erica L. Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, MMC, Assistant City Clerk for Thomas Greco, City Clerk 21. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt said Resolution No. 55-19. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 55-19 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Water Reclamation Facility Expansion and Capacity Improvements (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the submission of an application for financial assistance in an amount not to exceed $41,625,000 for the Water Reclamation Facility Expansion and Capacity Improvements to the South Dakota Board of Water and Natural Resources for the Project. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Date adopted: 6/11/19 . Erica L. Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, MMC, Assistant City Clerk for Thomas Greco, City Clerk 22. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE WILDLAND FIRE DIVISION OF THE SOUTH DAKOTA DEPARTMENT OF AGRICULTURE AND THE CITY OF SIOUX FALLS FOR COOPERATIVE EFFORTS IN FIRE PREVENTION AND SUPPRESSION EFFORTS AND NONFIRE ASSISTANCE. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt said Resolution No. 56-19.  Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 56-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE WILDLAND FIRE DIVISION OF THE SOUTH DAKOTA DEPARTMENT OF AGRICULTURE AND THE CITY OF SIOUX FALLS FOR COOPERATIVE EFFORTS IN FIRE PREVENTION AND SUPPRESSION EFFORTS AND NONFIRE ASSISTANCE. WHEREAS, the City of Sioux Falls desires to enter into a cooperative agreement with the State of South Dakota for fire prevention and suppression efforts and nonfire assistance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That pursuant to SDCL 1-24-3, the City of Sioux Falls approves the document entitled “South Dakota Department of Agriculture Wildland Fire Division Cooperative Agreement” between the City of Sioux Falls and the Wildland Fire Division of the South Dakota Department of Agriculture, which is attached hereto and made a part of this Resolution. 2. The Mayor is authorized to sign such Agreement after it is ratified and executed by the State of South Dakota. Date adopted: 6/11/19 . Erica L. Beck for Paul TenHaken, Mayor ATTEST: Denise D. Tucker, MMC, Assistant City Clerk for Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Soehl to adjourn at 8:41 p.m. Roll call vote to adjourn. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk