City Council Meeting

MINUTES City Council Meeting Tuesday, February 11, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Mayor Paul TenHaken recognized Shaun Reuter with Boy Scout Troop 711. 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Rev. Nolan Ruby, MS, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl 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. 6. APPROVAL OF MINUTES  Informational Meeting of Monday, February 3, 2020  Regular City Council Meeting of Monday, February 3, 2020 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated February 7, 2020. 8. Sioux Area Metro Report of Requests for Quotes for Fuel dated: January 29, 2020; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Harms Oil, #1 Clear Diesel ($2.242) and #2 Clear Diesel ($2.0367); CHS, Inc. #1 Clear Diesel ($2.2899) and #2 Clear Diesel ($2.0375); Parkland USA/SPF Energy Inc./Farstad Oil #1 Clear Diesel ($2.245) and #2 Clear Diesel ($2.04); Howes Oil, #1 Clear Diesel ($2.265) and #2 Clear Diesel ($2.03); Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Harms Oil. 9. Report of Requests for Quotes for Fuel dated: January 29, 2020; Unleaded Ethanol (6,500 Gallons), Dyed Diesel #1 (4,750 Gallons) and Dyed Diesel #2 (4,750 Gallons); Vollan Oil (Unleaded $1.8745, Dyed Diesel #1 $2.0065 and Dyed Diesel #2 $1.7875); Harms Oil (Unleaded $1.8538, Dyed Diesel #1 $1.9655 and Dyed Diesel #2 $1.7602); Farstad Oil (Unleaded $1.8743, Dyed Diesel #1 $1.973 and Dyed Diesel #2 $1.769); Cole’s Petroleum (Unleaded $1.8743, Dyed Diesel #1 $1.9998 and Dyed Diesel #2 $1.7696); Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: February 4, 2020; Unleaded Ethanol (6,000 Gallons), Dyed Diesel #1 (1,000 Gallons) and Dyed Diesel #2 (1,000 Gallons); Cole Petroleum (Unleaded $1.8492, Dyed Diesel #1 $1.884 and Dyed Diesel #2 $1.667); Stern Oil, CHS, Inc., Olson Oil, Harms Oil, and Farstad Oil all no bid. Bid awarded to: Cole Petroleum. REGULAR AGENDA 11. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 12. PUBLIC INPUT James Reed spoke about police response times and working with the police. David Zokiates spoke about making updates, homeless shelters, storm water management and Council Public Guidelines. Heather Pastor spoke about respecting police officers and their time. Sierra Broussard spoke about illegal massage parlors and human trafficking.  Catherine Riffle spoke about helping the homeless, the deaths of two of her children, and the Bishop Dudley House. Tim Stanga spoke about helping the elderly, a pothole not being properly repaired, trimmed trees being left in the streets, and the cost of a Project TRIM study. Steven Siano spoke about encouraging people to speak at Public Input, concealment of his disabilities by the government, his mental health, and being denied assistance. Matt Klinger spoke about seeking reimbursement for damage to his truck, after he hit a pothole. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A PROVISIONAL ONETIME SUPPLEMENTAL APPROPRIATION FOR EXPENDITURE OF POLICE OVERTIME PAY FOR 2020 SPECIAL EVENTS. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Ordinance No. 12-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 95.071 RECREATION ACTIVITY AND FACILITY FEES OF CHAPTER 95: PARKS AND RECREATION. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Ordinance No. 13-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE ENTERTAINMENT TAX FUND. (Washington Pavilion, $355,000) Recommendation: Set a date of 2nd Reading for Tuesday, February 18, 2020. A motion was made by Council Member Neitzert and seconded by Council Member Starr to defer to Tuesday, March 3, 2020 for Item 15. Roll call vote to defer. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.  16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Highways and Streets, $1,700,000; Fire, $3,300,000; and Parks and Recreation, $1,125,000) Recommendation: Set a date of 2nd Reading for Tuesday, February 18, 2020. A motion was made by Council Member Starr and seconded by Council Member Stehly to set a date of 2nd Reading for Tuesday, March 10, 2020 for Item 16. A motion was made by Council Member Erickson and seconded by Council Member Soehl to amend to set a date of 2nd Reading for Tuesday, February 18, 2020. A motion was made by Council Member Stehly and seconded by Council Member Brekke to amend to defer the date of 2nd Reading to Tuesday, March 3, 2020. Roll call vote to amend. 5 Yes: Starr, Stehly, Brekke, Erickson, Selberg; 3 No: Kiley, Neitzert, Soehl. Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 57TH ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to approve Resolution No. 18-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 18-20 A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 57TH ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the city of Sioux Falls, SD, in front of and abutting upon the following described property to be assessed: W. 57th St. from S. Sundance Cir. to W. Batcheller Lane Lot 35C Blk 1 Prairie Tree Addn., City of Sioux Falls, Lincoln County, SD Lot 33 Blk 1 Prairie Tree Addn., City of Sioux Falls, Lincoln County, SD Lot 32B Blk 1 Prairie Tree Addn., City of Sioux Falls, Lincoln County, SD Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.035 of the Code of  Ordinances of Sioux Falls, SD, and SDCL Chapter 9-46. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled, or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Planning and Development Services, 231 N. Dakota Ave., P.O. Box 7402, Sioux Falls, SD 57117-7402, or call 367-8888, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in five (5) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-89. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Construct 4" Thick Sidewalk .......................................$40 Per Front Foot Date adopted: 02/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON S. SOUTHEASTERN AVE., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve Resolution No. 19-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 19-20 A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON S. SOUTHEASTERN AVE., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to CONSTRUCT SIDEWALK in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the city of Sioux Falls, SD, in front of and abutting upon the following described property to be assessed: S. Southeastern Ave. from E. 19th St. to E. 26th St. Lot 1, 2 & 3 in Tract 2 of Greenfield River Ridge Addition to the City of Sioux Falls, Minnehaha County, SD Tract 1B Cottonwood Creek Addn., City of Sioux Falls, Minnehaha County, SD Tract 2A Cottonwood Creek Addn., City of Sioux Falls, Minnehaha County, SD Lot 7, except the North 130' of the South 252' of Riverview Addn., City of Sioux Falls, Minnehaha County, SD North 130' of Lot 7 of Riverview Addn., City of Sioux Falls, Minnehaha County, SD Lot 1A Northern Lights Park Addn., City of Sioux Falls, Minnehaha County, SD Lot 14 of Lots 12 to 16 inclusive, Riverview Addition to Sioux Falls, and that part of Lot 9 of Riverview Addition to Sioux Falls lying west of Lot H-1 and all of vacated street adjacent thereto, all in Minnehaha County, SD Lot 4 Block 1 Beacon Addition, City of Sioux Falls, Minnehaha County, SD Lot 2 Block 1 Beacon Addition, City of Sioux Falls, Minnehaha County, SD Lot 1 Block 1 Beacon Addition, City of Sioux Falls, Minnehaha County, SD Lot 1, Block 3 of Subdivision of Lots 11 and 12 and part of Lots 1 and 15 of Riverview Addition in Part of SE1/4 of Sec. 22-T101N-R49W of the 5th P.M., to the City of Sioux Falls, Minnehaha County, SD Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.035 of the Code of Ordinances of Sioux Falls, SD, and SDCL Chapter 9-46. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older, or is disabled, or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Planning and Development Services, 231 N. Dakota Ave., P.O. Box 7402, Sioux Falls, SD 57117-7402, or call 367-8888, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in five (5) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-89. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is as follows: Construct 4" Thick Sidewalk .......................................$40 Per Front Foot Date adopted: 02/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON W. 85TH ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. A motion was made by Council Member Stehly and seconded by Council Member Brekke to defer to Tuesday, March 10, 2020 for Item 19.. Roll call vote to defer. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 20. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 1, BLOCK 1 OF CANTERBURY HEIGHTS NORTH ADDITION TO THE CITY OF SIOUX FALLS; AND CANTERBURY HEIGHTS NORTH ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA COUNTY, SD. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Resolution No. 21-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 21-20 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 1, BLOCK 1 OF CANTERBURY HEIGHTS NORTH ADDITION TO THE CITY OF SIOUX FALLS; AND CANTERBURY HEIGHTS NORTH ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent drainage 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 drainage easement was established by plat and filed in Book 78 of Plats on page 66 in the office of the Register of Deeds for Minnehaha County, SD, on April 11, 2016, and was reaffirmed by plat and filed in Book 80 of Plats on page 226 in the Register of Deeds for Minnehaha County, SD, on September 7, 2018, and was again reaffirmed by plat and filed in Book 81 of Plats on page 60 in the Register of Deeds for Minnehaha County, SD, on March 29, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the permanent drainage easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 1, Block 1 of Canterbury Heights North Addition to the City of Sioux Falls; and Canterbury Heights North Addition to the City of Sioux Falls, all in Minnehaha County, SD, 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: 02/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Resolution No. 22-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 22-20 A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. WHEREAS, the City owns the real property with legal description of: Lot 3 in Block 2 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD WHEREAS, pursuant to SDCL 6-5-2 any political subdivision may convey and transfer any real or personal property that is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-1, The governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the real property described above was acquired by the City as part of the Rose/Lota Neighborhood Buyout Program; and WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares pursuant to SDCL Chapter 6-13 the structures on the following real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired: Lot 3 in Block 2 in Vista Gardens, a Subdivision of the North 1021.8 of the W1/2SW1/4 of Section 33-T101N-R49W of the 5th P.M., Minnehaha County, SD Section 2. The above-described structures and personal property shall be demolished, destroyed, or removed from the real property. Section 3. To the extent that any personal property referenced above can be salvaged, the Mayor as deemed appropriate may allow Habitat for Humanity of Greater Sioux Falls, Inc., a South Dakota nonprofit corporation, at their sole expense and liability to access the structures and salvage any personal property that would have otherwise been destroyed. Section 4. The City shall not require Habitat for Humanity of Greater Sioux Falls, Inc. pay for any salvaged property and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 02/11/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION APPROVING THE SIOUX FALLS PARKS AND RECREATION 5- YEAR COMPREHENSIVE PLAN. A motion was made by Council Member Kiley and seconded by Council Member Brekke to approve Resolution No. 20-20. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 20-20 A RESOLUTION APPROVING THE SIOUX FALLS PARKS AND RECREATION 5-YEAR COMPREHENSIVE PLAN. WHEREAS, the Sioux Falls Parks and Recreation Department (the “Department”) has undertaken the goal of being accredited by the Commission for Accreditation of Parks and Recreation Agencies (“CAPRA”); and WHEREAS, pursuant to Section 95.027 of the Code of Ordinances of Sioux Falls, SD, the Department is required to have a comprehensive plan adopted by its board and governing bodies; and WHEREAS, through the process of being accredited, the Department has refined its comprehensive plan to comply with the standards as required by CAPRA; and WHEREAS, the Sioux Falls Parks and Recreation Board approved the 5-Year Comprehensive Plan on January 29, 2020, and recommends approval of the same to the Sioux Falls City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Sioux Falls Parks and Recreation 5-Year Comprehensive Plan as attached hereto and made a part of this Resolution is hereby approved. The City shall publish this Resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 02/11/20 . 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 p.m. Roll call vote to adjourn. 7 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Selberg, Soehl; 1 No: Neitzert. Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk