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City Council Meeting

Regular Meeting

Sioux Falls, SD · January 14, 2020

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Minutes

MINUTES City Council Meeting Tuesday, January 14, 2020 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley Absent: Council Member Curt Soehl, Mayor Paul TenHaken 2. INVOCATION  Erica A. Varcoe, Director of Children, Youth & Family Ministry at Holy Cross Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Soehl and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 7, 2020  City Council Meeting of Tuesday, January 7, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 10, 2020. 7. Report of Requests for Quotes for Fuel dated: January 3, 2020; Dyed Diesel #1 (7,500 Gallons) & Dyed Diesel #2 (7,500 Gallons) & Unleaded (8,500 Gallons) & DEF (1070 Gallons): Cole Petroleum (Dyed Diesel #1 ($2.3243) & Dyed Diesel #2 ($2.0743) & Unleaded ($2.0066) & DEF (No Bid): Vollan Oil (Dyed Diesel #1 ($2.3415) & Dyed Diesel #2 ($2.0765) & Unleaded ($2.0214) & DEF ($1.01); Howes Oil (DEF $.985); Stern Oil, Harms Oil, CHS, Inc., Olson Oil, and Farstad all no bid. Bid awarded to Cole Petroleum and Howes Oil. 8. Approval of a request from Jay Larson and Mara Zobrist to consume, but not sell, wine and beer at the History Club, 758 S. Phillips Ave., on February 29, 2020, for the following purpose: a wedding reception. 9. Approval of a request from Mallory Shoemaker to consume, but not sell, champagne and wine at the Old Courthouse Museum, 200 W. 6th St., on May 23, 2020, for the following purpose: a wedding. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. 11. PUBLIC INPUT Bruce Danielson spoke about the actions of the Council at last week's meeting. John Cunningham spoke about a proposed ordinance to have organizations reimburse the cost of police officers at charity events. David Zokaites spoke about river and flood management. Josh Kaiser thanked Council Member Theresa Stehly for her help in getting some traffic tickets thrown out. Brett Kruse spoke about the Sioux Falls baseball field and how its future should be decided by an election. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING THE ORPHEUM THEATER ADVISORY BOARD OF DIRECTORS. A motion was made by Council Member Starr and seconded by Council Member Stehly to approve Ordinance No. 5-20. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN A CONDITIONAL GIFT AGREEMENT FOR DONATION OF REAL PROPERTY AND APPROVAL OF THE REAL PROPERTY BEING NAMED THE “SCOTT-CONNELLY NATURE AREA.” A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Ordinance No. 6-20. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER: ON PREMISES SIGN REGULATIONS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 21, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of hearing for Tuesday, January 21, 2020 for Item 14. Roll call vote to set a date of hearing. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 15. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CONSENTING TO RESETTLEMENT OF REFUGEES IN THE CITY OF SIOUX FALLS AS PART OF THE U.S. REFUGEE ADMISSIONS PROGRAM. A motion was made by Council Member Erickson and seconded by Council Member Brekke to approve Resolution No. 6-20. A motion was made by Council Member Erickson and seconded by Council Member Starr to amend by striking the last sentence, "Consent may be withdrawn at any time by City Council resolution.” Roll call vote to amend. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 6-20 REFUGEE RESETTLEMENT CONSENT A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CONSENTING TO RESETTLEMENT OF REFUGEES IN THE CITY OF SIOUX FALLS AS PART OF THE U.S. REFUGEE ADMISSIONS PROGRAM. WHEREAS, Executive Order 13888 dated September 26, 2019, requires formal consent from state and local governments to resettle refugees under the U.S. Refugee Admissions Program; and WHEREAS, Lutheran Social Services of South Dakota, the designated resettlement agency for South Dakota, has successfully integrated refugees into the community and workforce; and WHEREAS, efforts by the federal government to ensure a strong and thorough vetting process for the refugees that may come to Sioux Falls include extensive evaluations involving biometric screenings, medical checks, in-person interviews with federal agents, and interagency background checks involving multiple federal departments and The National Counterterrorism Center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City of Sioux Falls formally consents to resettle refugees under the U.S. Refugee Admissions Program in the city of Sioux Falls effective until December 31, 2020. Date adopted: 01/14/20 . Erica Beck for Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ADOPTING THE ANTI-HATE STATEMENT RELEASED BY THE HUMAN RELATIONS COMMISSION. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to approve Resolution No. 7-20. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to amend by adding, "The Human Relations Commission's anti-hate statement is adopted as follows:" after "NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD," and adding a final paragraph to read as follows, "In addition, the City of Sioux Falls reaffirms its commitment to supporting a more inclusive community and incorporates Resolution 30-18, adopted March 20, 2018, into this resolution as if fully stated.” Roll call vote to amend. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 7-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ADOPTING THE ANTI-HATE STATEMENT RELEASED BY THE HUMAN RELATIONS COMMISSION. WHEREAS, during their October meeting, the Human Relations Commission took action and adopted an anti-hate statement in response to recent incidents in Sioux Falls; and WHEREAS, the City agrees with the principles promoted in the statement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The Human Relations Commission’s anti-hate statement is adopted as follows: Due to recent incidents in the Sioux Falls community, the Human Relations Commission reinforces our commitment to the mission of promoting a welcoming and inclusive environment in the city. The Commission seeks to prevent and eliminate bias and discrimination based on race, color, sex, creed, religion, ancestry, national origin, familial status, or disability by means of education, persuasion, conciliation, and enforcement of Chapter 98 of the Code of Ordinances of Sioux Falls, South Dakota. The Commission promotes a city that is diverse and inclusive. The Commission believes that Sioux Falls is stronger than intolerance and hatred, and invites the people of Sioux Falls to join us in our mission to remove prejudice and hatred from our home. If anyone witnesses hateful messages, flyers, pamphlets, or words that speak to intolerance of others, the Commission asks them to report such instances to the Commission to help promote Sioux Falls as a diverse and inclusive community that rejects hatred, prejudice, discrimination, or bigotry. The Human Relations Commission meets monthly at City Hall. More information can be found at www.siouxfalls.org/city-attorney/relations. If anyone believes they have been discriminated against, they should contact the Human Relations/Fair Housing Office at 605-367-8745 or humanrelations@siouxfalls.org. In addition, the City of Sioux Falls reaffirms its commitment to supporting a more inclusive community and incorporates Resolution 30-18, adopted March 20, 2018, into this resolution as if fully restated. Date adopted: 01/14/20 . Erica Beck for 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 10:41 p.m. Voice vote to adjourn. 7 Yes: Neitzert, Selberg, Starr, Stehly, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, January 14, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Council Member Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Mayor Paul TenHaken 2. INVOCATION  Erica A. Varcoe, Director of Children, Youth & Family Ministry at Holy Cross Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 7, 2020  City Council Meeting of Tuesday, January 7, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 10, 2020. 7. Report of Requests for Quotes for Fuel dated: January 3, 2020; Dyed Diesel #1 (7,500 Gallons) & Dyed Diesel #2 (7,500 Gallons) & Unleaded (8,500 Gallons) & DEF (1070 Gallons): Cole Petroleum (Dyed Diesel #1 ($2.3243) & Dyed Diesel #2 ($2.0743) & Unleaded ($2.0066) & DEF (No Bid): Vollan Oil (Dyed Diesel #1 ($2.3415) & Dyed Diesel #2 ($2.0765) & Unleaded ($2.0214) & DEF ($1.01); Howes Oil (DEF $.985); Stern Oil, Harms Oil, CHS, Inc., Olson Oil, and Farstad all no bid. Bid awarded to Cole Petroleum and Howes Oil. 8. Approval of a request from Jay Larson and Mara Zobrist to consume, but not sell, wine and beer at the History Club, 758 S. Phillips Ave., on February 29, 2020, for the following purpose: a wedding reception. 9. Approval of a request from Mallory Shoemaker to consume, but not sell, champagne and wine at the Old Courthouse Museum, 200 W. 6th St., on May 23, 2020, for the following purpose: a wedding. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA 11. PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING THE ORPHEUM THEATER ADVISORY BOARD OF DIRECTORS. 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN A CONDITIONAL GIFT AGREEMENT FOR DONATION OF REAL PROPERTY AND APPROVAL OF THE REAL PROPERTY BEING NAMED THE “SCOTT-CONNELLY NATURE AREA.” ORDINANCE FIRST READINGS 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER: ON PREMISES SIGN REGULATIONS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, January 21, 2020. HEARINGS AND RESOLUTIONS 15. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CONSENTING TO RESETTLEMENT OF REFUGEES IN THE CITY OF SIOUX FALLS AS PART OF THE U.S. REFUGEE ADMISSIONS PROGRAM. 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ADOPTING THE ANTI-HATE STATEMENT RELEASED BY THE HUMAN RELATIONS COMMISSION. NEW BUSINESS ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. PUBLIC INPUT IS TAKEN BOTH GENERALLY AND FOR ANY ITEM ON THE REGULAR AGENDA. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON AND, IN TOTAL, SHALL LAST NO MORE THAN 30 MINUTES. DURING THIS PORTION OF THE MEETING, PERSONS MAY NOT ADDRESS ANY ITEM APPEARING ON THE REGULAR AGENDA. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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