City Council Meeting

MINUTES City Council Meeting Tuesday, November 12, 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, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Pastor Tim Lemme, Our Savior's Lutheran 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. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 5, 2019  Regular City Council Meeting of Tuesday, November 5, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 8, 2019. 7. Notice of change orders on the memorandum dated November 8, 2019. 8. Report of Requests for Quotes for Fuel dated: October 30, 2019; 2,300 Gallons Unleaded Ethanol; Vollan Oil ($2.016); Cole’s Petroleum ($2.0167); Stern Oil ($2.125); CHS Inc., Olson Oil, Farstad Oil, Harms Oil, and Howes Oil, no bid. Bid awarded to: Vollan Oil. 9. Sioux Area Metro Report of Requests for Quotes for Fuel dated: November 1, 2019; 7,200 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil #1 Clear Diesel ($2.715) and #2 Clear Diesel ($2.2625); Harms Oil #1 Clear Diesel ($2.5696) and #2 Clear Diesel ($2.2402); Parkland USA/SPF Energy Inc./Farstad Oil #1 Clear Diesel ($2.537) and #2 Clear Diesel ($2.224); CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: November 4, 2019; Unleaded Ethanol (6,000 Gallons), Clear Diesel #1 (700 Gallons) and Unleaded Ethanol (600 Gallons); Vollan Oil (Unleaded $2.0645 and $2.0945, and Diesel Clear $2.52); Cole’s Petroleum (Unleaded $2.0388); Howes Oil (Unleaded $2.0795 and Diesel Clear $2.5125); Harms Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Howes Oil and Cole’s Petroleum. 11. Report of Requests for Quotes for Fuel dated: November 5, 2019; Dyed Diesel # 1 (3,500 Gallons) and Dyed Diesel #2 (3,500 Gallons); Vollan Oil (Dyed Diesel #1 $2.3429 and Dyed Diesel #2 $2.03095); Cole’s Petroleum (Dyed Diesel #1 $2.3492 and Dyed Diesel #2 $2.026); Howes Oil, Harms Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil. 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. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 13. PUBLIC INPUT James Reed spoke about the recent mistreatment of his fiancee at a local church. Heather Pastor spoke about her mental health conditions, the treatment she received at a local church and her living conditions. Christopher Bruce spoke about the health and safety concens surrounding 5G. Andre Hernandez spoke about being a missionary, the City of Sioux Falls, housing rentals, and the needs of youths. UNFINISHED BUSINESS  14. Deferred from the meeting of Tuesday, November 5, 2019; A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP 19002, NEW PARKING FACILITY. The following motion was pending from the meeting of Tuesday, November 5, 2019: A motion was made by Council Member Soehl and seconded by Council Member Neitzert to adopt Resolution No. 103-19. A motion was made by Council Member Stehly to amend the cost to $1M. The motion to amend failed for lack of a second. Roll call vote to adopt. 6 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 1 No: Stehly. Motion Passed. RESOLUTION NO. 103-19 A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM TO INCREASE FUNDING FOR CIP 19002, NEW PARKING FACILITY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2019–2023 Capital Program shall be amended as follows: Public Parking Amend Capital Improvements Program Project No. 19002, New Parking Facility, by increasing the amount of funding for construction by $1,500,000 in 2019. The additional funding will not require an increase in appropriations as it will be funded by public parking user fees. Date adopted: 11/12/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY CHANGING A STREET NAME. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Ordinance No. 107-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS & STREETS WINTER OPERATIONS. $3,000,000. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Ordinance 108-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 17. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING SECTION 51.081(d)(1) OF THE CODE OF ORDINANCES OF THE CITY TO CORRECT AN ERROR PERTAINING TO THE 2020 RATE FOR GREASE AS IT RELATES TO WASTEWATER CHARGES FOR SIOUX FALLS LOCAL WASTEWATER CUSTOMERS. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Ordinance 109-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 150: BUILDING; SUBCHAPTER: ELECTRICITY, TO CLARIFY THE ROLE OF AN EX OFFICIO MEMBER. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to approve Ordinance 110-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 32: CITY ORGANIZATIONS; SUBCHAPTER: CHARTER REVISION COMMISSION, TO CLARIFY THE EX OFFICIO ROLE OF THE CITY ATTORNEY. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to approve Ordinance 111-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS & STREETS AND PARKS AND RECREATION. Highways and Streets ($1,600,000.); Parks and Recreation ($200,000.); Highways and Streets ($400,000.); Highways and Streets ($2,040,000.); and Highways and Streets ($200,000.).  A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve Ordinance 112-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 21. A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM. (Public Works - Highway & Streets, $2.44M and Public Works - Highways & Streets/Storm Drainage, $200,000) A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve Resolution No. 104-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 104-19 A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2019–2023 Capital Program shall be amended as follows: Public Works—Highways & Streets Amend Capital Improvements Program Project No. 11006, Arterial Street Improvements, by increasing the amount of funding for Arterial Street Platting Fees by $400,000 in 2019. The additional funding will require an increase in appropriations that will be funded by platting fees collected. Amend Capital Improvements Program Project No. 11064, Arrowhead Parkway Improvements, by increasing the amount of funding by $750,000 for right-of-way in 2019. The additional funding will require an increase in appropriation that will be funded by reimbursement from the South Dakota Department of Transportation. Amend Capital Improvements Program Project No. 11012, Arterial Intersection Improvements, by increasing the amount of funding by $760,000 for construction in 2019. The additional funding will require an increase in appropriation that will be funded by reimbursement from the South Dakota Department of Transportation. Amend Capital Improvements Program Project No. 11086, Bridge Reconstruction Program, by increasing the amount of funding by $530,000 for construction in 2019. The additional funding will require an increase in appropriation that will be funded by reimbursement from the South Dakota Department of Transportation. Public Works—Highways & Streets/Storm Drainage Amend the Other Capital Expenditures Program by adding four (4) trash pumps in 2019. The estimated cost is $200,000 and will require an increase in appropriations that will be funded by unobligated fund balance in the Storm Drainage Fund. Date adopted: 11/12/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN TRACT C IN BLOCK 1 OF AIRPORT ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Resolution No. 105-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 105-19 A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN TRACT C IN BLOCK 1 OF AIRPORT ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a portion of 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 62 of Plats on page 139 in the office of the Register of Deeds for Minnehaha County, SD, on August 15, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a portion of a permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Tract C in Block 1 of Airport Addition to the City of Sioux Falls, Minnehaha County, South Dakota, 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: 11/12/19. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk  23. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN LOT A IN THE NE1/4 OF SECTION 10-T100N-R50W OF THE 5TH P.M., LINCOLN COUNTY, SOUTH DAKOTA. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to approve Resolution No. 106-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 106-19 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT EASEMENT LOCATED IN LOT A IN THE NE1/4 OF SECTION 10-T100N-R50W OF THE 5TH P.M., LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, South Dakota, no longer needs part of the 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, a permanent easement was reserved in City Resolution No. 148-08 and filed in Book 18 of Miscellaneous on page 900 in the office of the Register of Deeds for Lincoln County, SD on October 6, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent easement area, as shown on attached Exhibit A, and affecting the real property described as Lot A in the NE1/4 of Section 10-T100N-R50W of the 5th P.M., 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: 11/12/19. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 4B, BLOCK 12 OF PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Resolution No. 107-19. RESOLUTION NO. 107-19 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 4B, BLOCK 12 OF PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent easement for utility purposes 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 easement was established by plat recorded in Book K of Plats on page 120 in the office of the Register of Deeds for Lincoln County, SD on July 15, 1987, and was reaffirmed by plat filed in Book L of Plats on page 29 in the office of the Register of Deeds for Lincoln County, SD on December 17, 1990, and was reaffirmed by plat filed in Book Q of Plats on page 105 in the office of the Register of Deeds for Lincoln County, SD on November 4, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement for utility purposes, as shown on attached Exhibit A, and affecting the real property described as Lot 4B, Block 12 of Prairie Tree Addition to the City of Sioux Falls, Lincoln County, South Dakota, 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: 11/12/19. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 25. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 3B, BLOCK 12 OF PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve Resolution No. 108-19. Roll call vote to approve. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 108-19 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 3B, BLOCK 12 OF PRAIRIE TREE ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent easement for utility purposes 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 easement was established by plat recorded in Book K of Plats on page 120 in the office of the Register of Deeds for Lincoln County, SD on July 15, 1987, and was reaffirmed by plat filed in Book L of Plats on page 29 in the office of the Register of Deeds for Lincoln County, SD on December 17, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent easement for utility purposes, as shown on attached Exhibit A, and affecting the real property described as Lot 3B, Block 12 of Prairie Tree Addition to the City of Sioux Falls, Lincoln County, South Dakota, 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: 11/12/19. Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 8:28 p.m. Voice vote to adjourn. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk