City Council Meeting

MINUTES City Council Meeting Tuesday, December 17, 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 Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Fred Wilgenburg, New Roots Ministry 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Awards CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. A request was made by Council Member Theresa Stehly to place Sub-Item 5 from Agenda Item 7 on the Regular Agenda for Council discussion (5 - Facilties Management; Citywide Garbage and Recycling Services; Waste Connections of SD, Inc.; Increase Per Service Location of 27%.) See Agenda Item 7 for action taken. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 10, 2019   City Council Meeting of Tuesday, December 10, 2019 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated December 13, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Sub-Item 5 from Agenda Item 7. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 8. Report of Requests for Quotes for Fuel dated: December 5, 2019; Dyed Diesel Clear #1 (230 Gallons), Dyed Diesel Clear # 2 (230 Gallons), Unleaded (650 Gallons): Howes Oil (Dyed Diesel Clear #1 ($2.7075) & Dyed Diesel Clear # 2 ($2.3075) & Unleaded ($1.9685)); Vollan Oil (Dyed Diesel Clear #1 ($2.718) & Dyed Diesel Clear # 2 ($2.319) & Unleaded ($1.9736)); Harms Oil, Stern Oil, CHS, Inc., Olson Oil, and Coles Petroleum, all no bid. Bid awarded to Howes Oil. 9. Report of Requests for Quotes for Fuel dated: December 6, 2019; Unleaded (3,700 Gallons): Howes ($2.0075); Coles Petroleum ($1.9575); Vollan Oil ($1.9312); Harms Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to Vollan Oil. APPLICATIONS 10. Amend New 2019 Retail Wine and Cider License, approved on August 20, 2019, for The Root Cellar, 701 North Phillips Avenue, Suite 150, by changing the license to a 2020 Retail Wine and Cider License. 11. Renewal of 2020 Retail Liquor License for Crown Casino East II, 2417 East 10th Street, Suite A. 12. Renewal of 2020 Retail Wine and Cider License for Papa Woody’s Wood Fired Pizza, 421 North Phillips Avenue, Suite 119. 13. Renewal of 2020 Package Liquor License for Williquors, 3625 West Avera Drive. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 14. Parcel #48401, for 2016 property taxes in the amount of $129.23. Reason: Permanent and Total Disabled Veteran. 15. Parcel #48401, for 2017 property taxes in the amount of $1,521.18. Reason: Permanent and Total Disabled Veteran. 16. Parcel #48401, for 2018 property taxes in the amount of $1,508.02. Reason: Permanent and Total Disabled Veteran. NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, January 7, 2020. New 2020 Retail Wine License for Best Western Glo Sioux Falls, 1211 South Darryl Place (CUP not required). REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 19. PUBLIC INPUT David Zokaites stated that he brought cookies for the public and wished everyone happy holidays. Bruce Danielson spoke about the need for officials to recuse themselves on certain matters and city data being used to support a presidential campaign. Catherine Riffle spoke about the merging of the Homeless Advisory Board and the Affordable Housing Board. Mike Lee Zitterich spoke about taxes, city growth rates, and the need for a lower sales tax rate to help citizens keep more money in their pocket. Steven Siano spoke about the responsibilities of the City Attorney's Office, threats to his life, and recusals. UNFINISHED BUSINESS 20. Deferred from the meeting of Monday, November 18, 2019 and deferred from the Meeting of Tuesday, December 3, 2019; 2020 Renewal of Package Liquor License for Walia Convenience Store, 812 E. Tenth St. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the 2020 Renewal of a Package Liquor License for Walia Convenience Store, 812 E. Tenth St. (This motion was made at the meeting of November 18, 2019). Roll call vote to approve. 2 Yes: Erickson, Selberg; 6 No: Kiley, Neitzert, Soehl, Starr, Stehly, Brekke. Motion Failed. 21. New 2019-20 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine and Cider License for CSB Inc., The Keg East, 5216 East Arrowhead Parkway, with  Conditional Use Permit (11065-2019) being approved October, 2, 2019. Pending final inspections per Building Services. 22. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for CSB Inc., The Keg East, 5216 East Arrowhead Parkway. Pending final inspections per Building Services. 23. New 2019-20 Retail Malt Beverage/SD Farm Wine License and New 2020 Retail Wine and Cider License for SRS Inc., East Connexions, 3233 South Sycamore Avenue, with Conditional Use Permit (11272-2019) being approved on November 6, 2019. Pending plan review and permit issuance per Building Services and final inspections per Health. 24. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for SRS Inc., East Connexions, 3233 South Sycamore Avenue. Pending plan review and permit issuance per Building Services and final inspections per Health. 25. New 2019-20 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. Pending plan review and permit issuance per Building Services. 26. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. Pending plan review and permit issuance per Building Services. 27. Transfer of 2019 Retail Liquor License from K & P Enterprises Inc., The Club, 3301 East 26th Street, Suite 125, to MG Oil Company, Liebrary Bar 2, 5108 South Marion Road, Suite 100. Pending final inspections per Health. 28. Request to include video lottery terminals with the Transfer of 2019 Retail Liquor License for MG Oil Company, Liebrary Bar 2, 5108 South Marion Road, Suite 100. Pending final inspections per Health. 29. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars to be operated at Sanford Event Barn, 2510 East 54th Street North, for a events on December 18, 2019 and January 17 and February 7, 2020. A motion was made by Council Member Starr and seconded by Council Member Selberg to approve Items 21 through 29. Roll call vote to approve. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 122: TATTOOING. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 128-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NW CORNER OF E. MADISON ST. AND N. VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN; RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; O OFFICE; AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL— SURBURBAN; RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN; RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; S-1 GENERAL INSTITUTIONAL; CN CONSERVATION; C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR; AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 11263-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to defer the 1st Reading of Item 31 to the meeting of Tuesday, January 7, 2020. Roll call vote to defer. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 69TH ST. AND WEST OF S. SYCAMORE AVE. FROM THE RA 1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RD 2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 11328-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 7, 2020 for Item 32. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Stehly, Brekke; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2012 E. RUSSELL ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICTS, NO. 11337-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 7, 2020 for Item 33. Roll call vote to set a date of 2nd Reading. 7 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Stehly, Brekke; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1221 W. 85TH ST. FROM THE AG AGRICULTURE DISTRICT TO RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND REC RECREATIONAL DISTRICTS, NO. 11428-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 7, 2020 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 14, 2020, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, January 7, 2020 for Item 35. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. 36. 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 COUNCIL MEETINGS TO RESTRICT ANY ELECTRONIC COMMUNICATION AT CITY COUNCIL MEETINGS. Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2020. A motion was made by Council Member Brekke and seconded by Council Member Stehly to set a date of 2nd Reading for Tuesday, January 7, 2020 for Item 36.  Roll call vote to set a date of 2nd Reading. 3 Yes: Starr, Stehly, Brekke; 5 No: Erickson, Kiley, Neitzert, Selberg, Soehl. Motion Failed. HEARINGS AND RESOLUTIONS 37. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 126-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 126-19 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 Rex Hambrock Building Board of Appeals Appointed for a term from December 2019 to December 2022 (to replace Allison Dvorak). Chris Lidel Infrastructure Review Advisory Appointed for a term from Board December 2019 to December 2022 (to replace Jason Snyders as the Contractors Association Rep). Anthony Bullis Plumbing Board of Appeals Appointed for a term from and Examiners December 2019 to December 2022 (to replace Paul Rensch). Brian Eich Plumbing Board of Appeals Appointed for a term from and Examiners December 2019 to December 2022 (to replace Travis Hartland). Date adopted: 12/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 38. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2020 STATE LEGISLATIVE SESSION. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 124-19. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by adding a priority that reads: "The Sioux Falls City Council supports legislation prohibiting nepotism in state government". Roll call vote to amend. 2 Yes: Starr, Stehly; 6 No: Erickson, Kiley, Neitzert, Selberg, Soehl, Brekke. Motion Failed. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 124-19 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2020 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; and WHEREAS, the Sioux Falls City Council serves on the South Dakota Municipal League’s policy committees and supports the League’s 2020 Statements of Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports a reliable statewide emergency radio system that allows users across the state to communicate within and outside of their agencies. In order to sustain this capability and enhance operations locally, statewide, amongst other states, and with federal agencies, the Sioux Falls City Council supports state funding initiatives to upgrade the statewide system to the national standard for public safety communications utilized by both federal and state governments known as Project 25 (P25). 2. The Sioux Falls City Council supports legislation allowing alternative publication options for local government. 3. The Sioux Falls City Council supports legislation providing county commissions the option to reduce the number of official newspapers to one. 4. The Sioux Falls City Council supports legislation that expands workforce housing opportunities in South Dakota. 5. The Sioux Falls City Council supports legislation to allow a local option, a gross receipts tax on alcoholic beverages, to fund county services. 6. The Sioux Falls City Council supports tax increment financing (TIF), an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities  sponsoring the districts, while at the same time maintaining the integrity of the process. 7. The Sioux Falls City Council supports legislation that provides additional funding for mental health, drug and alcohol education, intervention, and treatment programs. 8. The Sioux Falls City Council supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. 9. The Sioux Falls City Council supports efforts to eliminate double taxation on public projects through the state use and contractor’s excise taxes. 10. The Sioux Falls City Council supports state funding for human service agency transportation to offset the costs to local public and nonprofit transportation systems. 11. The Sioux Falls City Council supports state funding initiatives to mitigate the emerald ash borer infestation. 12. The Sioux Falls City Council supports eliminating presumptive probation for Class 5 and 6 felonies as it relates to controlled substances. 13. The Sioux Falls City Council supports legislation to examine or implement driver’s license testing in languages other than English. A pilot program or a summer study would help enumerate costs and challenges. As one of only a few states that have not yet implemented multilanguage tests, we hamper our workforce development efforts. 14. The Sioux Falls City Council places a high priority on safeguarding and conserving both the quality and quantity of our area’s natural amenities. Government, in partnership with business, should share responsibility in conserving, enhancing, and protecting our water quality, air quality, and land. Given the substantial public and private investments to develop the river greenway, and the potential to develop a first-class amenity in our community, strategies to support a cleanup of the Big Sioux River and its tributaries should be identified and implemented. 15. The Sioux Falls City Council understands the growing diversity of our state’s population and we embrace the opportunities that this diversity provides for a culturally and talent-rich community. We will work with the governor, the legislature, state agencies, and elected officials to develop efforts to engage and include all individuals. Legal immigration and refugee resettlement are proven and vital strategies to combat workforce shortages. We will also oppose initiatives which inappropriately sanction or discriminate against individuals or groups. 16. The Sioux Falls City Council supports legislation that eliminates any regulatory barriers within state law that prevents or stifles the creation of triage centers,  which provide detoxification services to those seeking treatment for substance abuse, and crisis stabilization for mental health issues. 17. The Sioux Falls City Council supports legislation that allows a municipality to establish a local policy governing how gifts for parks and boulevards are accepted. 18. The Sioux Falls City Council supports legislation to increase the student capacity at the South Dakota's Law Enforcement Training facility. 19. The Sioux Falls City Council supports legislation to legalize the growth, production, and processing of industrial hemp in South Dakota. 20. The Sioux Falls City Council supports legislation that promotes pollinator friendly plantings on all state-owned properties and right-of-way. 21. The Sioux Falls City Council supports legislation requiring the South Dakota Department of Social Services to fully support a centralized resource information system (211) that is accessible to all residents in South Dakota. Date adopted: 12/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 39. A RESOLUTION APPROVING THE 2020 AUDIT PLAN. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 125-19. Roll call vote to adopt. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 125-19 A RESOLUTION APPROVING THE 2020 AUDIT PLAN. WHEREAS, the Audit Committee shall develop and submit to the City Council for approval an annual audit plan pursuant to Section 32.022 of the Code of Ordinances; and WHEREAS, the Audit Committee has developed such a plan for 2020; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution labeled Proposed Audit Plan, Fiscal Year 2020, is hereby approved.  That the Internal Audit Manager is authorized to carry out the audits and other projects as described in the 2020 Audit Plan. Date adopted: 12/17/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 40. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED NOVEMBER 30, 2019. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 9:32 p.m. Voice vote to adjourn. 8 Yes: Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk