City Council Meeting

MINUTES City Council Meeting Tuesday, September 10, 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 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, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Kirk Thorson, Living Word Free Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 3, 2019  Regular City Council Meeting of Tuesday, September 3, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated September 6, 2019. 7. Notice of change orders on the memorandum dated September 6, 2019. 8. Report of Requests for Quotes for Fuel dated: August 28, 2019; 950 Gallons of #2 Dyed Diesel; Midway Service ($1.96); Howes Oil ($1.9750); Stern Oil, Cole’s Petroleum, Harms Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Midway Service. 9. Report of Requests for Quotes for Fuel dated: August 29, 2019; 8,500 Gallons of Unleaded Ethanol; Farstad Oil ($1.982); Midway Service ($1.966); Harms Oil, Howes Oil, CHS, Inc., M.G. Oil Stern Oil, Cole’s Petroleum and Olson Oil, all no bid. Bid awarded to: Vollan Oil. REGULAR AGENDA 10. 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 Erickson and seconded by Council Member Kiley to amend by moving Item 21 to immediately follow Item 15. Roll call vote to amend. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend by moving Item 22 to immediately follow Item 12. Roll call vote to amend. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 11. PUBLIC INPUT Scott Ehrisman spoke about his experiences with a private contractor and the City, regarding cutting down trees at his home. He also spoke about charges being brought against people with Hultgren Construction, regarding a building collapse. Emmett Reistroffer spoke about working on a business plan to add pedicabs to the city. UNFINISHED BUSINESS 12. Deferred from the meeting of Tuesday, September 3, 2019; A RESOLUTION VACATING THE E. 63RD ST. N. RIGHT-OF-WAY FROM THE EAST RIGHT-OF-WAY LINE OF N. CLIFF AVE. TO APPROXIMATELY 466' EAST AS SHOWN ON EXHIBIT A. Action taken at the Tuesday, September 3, 2019, City Council Meeting:  A motion was made by Council Member Neitzert and seconded by Council Member Starr to approve this Item. A motion was made by Council Member Neitzert and seconded by Council Member Starr to defer this Item to the City Council Meeting on Tuesday, September 10, 2019. Roll call vote to defer. 5 Yes: Starr, Kiley, Neitzert, Selberg, Soehl; 2 No: Stehly, Erickson. Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Starr to adopt Resolution No. 89-19. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to amend by inserting "September 3, 2019 and September 10, 2019," immediately after "August 13, 2019". Roll call vote to amend. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 89-19 A RESOLUTION VACATING THE E. 63RD ST. N. RIGHT-OF-WAY FROM THE EAST RIGHT- OF-WAY LINE OF N. CLIFF AVE. TO APPROXIMATELY 466' EAST 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: Lots 2, 3, and 4 except Lot H-1 contained therein, of North Side Gardens in the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section 27, Township 102 North, Range 49 West, of the 5th P.M., Minnehaha County, South Dakota according to the recorded plat thereof. Lot 17 of North Side Gardens in the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section 27, Township 102 North, Range 49 West, of the 5th P.M., Minnehaha County, South Dakota according to the recorded plat thereof. Lot 17 of North Side Gardens in the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section 27, Township 102 North, Range 49 West, of the 5th P.M., Minnehaha County, South Dakota according to the recorded plat thereof except the West 115.5 feet thereof. The West 115.5 Feet of Lot Eighteen (18) and all of Lot Nineteen (19), except the West 42 Feet of said Lot Nineteen (19), of North Side Gardens, in the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section 27, Township 102 North, Range 49 West of the Fifth Principal Meridian, Minnehaha County, South Dakota, according to the recorded plat thereof. WHEREAS, the hearing was held on August 13, 2019, September 3, 2019 and September 10, 2019, 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. 63rd St. N. right-of-way, as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement 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, SD, a duly certified transcript of this resolution. Date adopted: 09/10/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk Item 22 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 13. 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. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 93-19. Roll call vote to adopt. 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. 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE DESIGN AND CONSTRUCTION OF A DOG PARK. A motion was made by Council Member Brekke and seconded by Council Member Erickson to adopt Ordinance No. 94-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A SPACE ON FORT SOD PARK AND AUTHORIZING THE MAYOR TO SIGN A CONDITIONAL GIFTING AGREEMENT FOR A CASH GIFT TO REDEVELOP SPACE ON FORT SOD PARK. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to adopt Ordinance No. 95-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Item 21 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR BIKE TRAIL DEVELOPMENT. (Parks & Recreation, $200,000) Recommendation: Set a date of 2nd Reading for Tuesday, September 17, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of hearing for Tuesday, September 17, 2019 for Item 16. Roll call vote to set a date of hearing. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 17. 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, 2020. Recommendation: Set a date of 2nd Reading for Tuesday, September 17, 2019. A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of hearing for Tuesday, September 17, 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. PUBLIC HEARING FOR A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020, AND THE 2020–2024 CAPITAL PROGRAM. Zach DeBoer said the Council should consider his earlier comments, regarding the benefits of 10 foot streets, at this time. 19. 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 Neitzert and seconded by Council Member Soehl to adopt Resolution No. 85-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 85-19 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 2019 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: 09/10/19 . 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 4.25% 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, 2020. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 10th day of September, 2019, 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 20. A RESOLUTION APPROVING THE 2019–2020 BUDGET FOR THE SIOUX FALLS CONVENTION & VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. A motion was made by Council Member Brekke and seconded by Council Member Kiley to adopt Resolution No. 86-19.  Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 86-19 A RESOLUTION APPROVING THE 2019–2020 BUDGET FOR THE SIOUX FALLS CONVENTION & VISITORS BUREAU BUSINESS IMPROVEMENT DISTRICT. WHEREAS, pursuant to Resolution No. 86-10, the City of Sioux Falls adopted a resolution of intent to establish the Sioux Falls Convention & Visitors Bureau (CVB) Business Improvement District; and WHEREAS, in accordance with Chapter 9-55 of the South Dakota Codified Laws, the CVB Business Improvement District has imposed an occupational tax of two dollars ($2.00) per night per rented room for all lodging rooms within the CVB Business Improvement District to market and promote the visitor industry in the city of Sioux Falls and increase the room night sales of lodging facilities within the CVB Business Improvement District; and WHEREAS, the CVB Business Improvement District Board of Directors has developed an annual budget that is subject to City Council approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the budget dated October 1, 2019, through September 30, 2020, is hereby approved. Date adopted: 09/10/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION AMENDING THE 2019-2023 CAPITAL PROGRAM TO ADD A PROJECT, KIRBY DOG PARK AT FORT SOD. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 87-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 87-19 A RESOLUTION AMENDING THE 2019-2023 CAPITAL PROGRAM TO ADD A PROJECT, KIRBY DOG PARK AT FORT SOD. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2019–2023 Capital Program shall be amended as follows: Parks and Recreation Amend the Capital Improvements Program by adding a project, Kirby Dog Park at Fort Sod, in 2019. The estimated cost for design and construction is $600,000 and will require an increase in appropriations. This will be funded by the Sales/Use Tax Fund via donations from the Sioux Falls Area Community Foundation. Date adopted: 09/10/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 22. A RESOLUTION APPROVING THE RELEASE OF 10' PERMANENT UTILITY EASEMENTS LOCATED IN TRACTS 1 & 2 OF DMI ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 88-19. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 88-19 A RESOLUTION APPROVING THE RELEASE OF 10' PERMANENT UTILITY EASEMENTS LOCATED IN TRACTS 1 & 2 OF DMI ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the 10' permanent utility easements 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 10' permanent utility easements over, under, and upon Tracts 1 & 2 of DMI Addition to the City of Sioux Falls, Minnehaha County, South Dakota, were granted by plat in Book 62 of Plats on page 98 in the office of the Register of Deeds for Minnehaha County, SD, on June 21, 2000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent utility easement areas, as shown on attached Exhibit A, and affecting the real property described above, 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: 09/10/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Selberg to adjourn at 8:26 p.m. Voice vote to adjourn. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk