City Council Meeting

MINUTES City Council Meeting Wednesday, April 15, 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 Marshall Selberg, Council Member Curt Soehl (via telecon), Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke (via telecon), Council Member Christine M. Erickson, Council Member Rick Kiley (via telecon), Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Tom Rooney, Direct Line Prayer Center Director The invocation was provided by telecon. 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 Neitzert to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 7, 2020  City Council Meeting of Tuesday, April 7, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 10, 2020. 7. Notice of change orders on the memorandum dated April 10, 2020. 8. Report of Requests for Quotes for Fuel dated: April 2, 2020; Dyed Diesel Clear #2 (15,000 Gallons); Coles Petroleum (Dyed Diesel #2 $1.0277); Harms Oil (Dyed Diesel #2 $1.0295); CHS Oil, Olson Oil, Vollan, Parkland, and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated: April 6, 2020; Unleaded (8,500 Gallons); Coles Petroleum (Unleaded $.6895); Harms Oil (Unleaded $.6988); Parkland (Unleaded $.710); Vollan Oil (Unleaded $.7345); CHS, no bid. Bid awarded to: Coles Petroleum. 10. 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 June 26, 2021, for the following purpose: a wedding. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Centennial Homes, 2304 E. Shelby Pl., Parcel #90554, for 2019 property taxes in the amount of $397.55. Reason: Mobile home was moved out of Minnehaha County at the beginning of 2019. 12. Donna L. Theel, 5415 W. Oakcrest Pl., Parcel #81859, for 2019 property taxes in the amount of $550.31. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA 13. 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. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 14. PUBLIC INPUT Bruce Danielson spoke about a 3-21 notice he filed regarding a recent executive session. Will Anderson urged the Council to use its powers to provide a moratorium on evictions. Tim Stanga spoke about the need for renters to save money in order to pay rent.  Rick Altoff expressed his gratitude to the Council and Mayor for their work, availability of proposed ordinances, and the policy on Parks closures. Steven Siano spoke about the authority of the Council, sovereignty, and federalism. Qadir Aware spoke about the City sending a unified positive message among the units of government. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBCHAPTER DISABILITY AWARENESS COMMISSION AND SUBCHAPTER ADA ACCESSIBILITY REVIEW BOARD AND ADDING A NEW SUBCHAPTER DISABILITY AWARENESS AND ACCESSIBILITY REVIEW BOARD TO CHAPTER 98: HUMAN RELATIONS OF THE CODE OF ORDINANCES OF SAID CITY. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Ordinance No. 40-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBCHAPTER AFFORDABLE HOUSING ADVISORY BOARD OF CHAPTER 32: CITY ORGANIZATIONS OF THE CODE OF ORDINANCES OF SAID CITY. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 41-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 17. 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 PRESIDING OFFICER; DUTIES. Recommendation: Set a date of 2nd Reading for Tuesday, April 21, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 17. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE POSTPONED JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT  ELECTION DATE FOR TUESDAY, JUNE 2, 2020, AND AUTHORIZING A JOINT ELECTION WITH MINNEHAHA AND LINCOLN COUNTIES. Recommendation: Set a date of 2nd Reading for Tuesday, April 21, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 18. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 19. A RESOLUTION VACATING THE EAST 16TH ST. PUBLIC RIGHT-OF-WAY BOUNDED BY SOUTH 9TH AVE. AND LOT 1 HOWES 4TH ADDITION TO THE CITY OF SIOUX FALLS, SD, AS SHOWN ON EXHIBIT A. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 47-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 47-20 A RESOLUTION VACATING THE EAST 16TH ST. PUBLIC RIGHT-OF-WAY BOUNDED BY SOUTH 9TH AVE. AND LOT 1 HOWES 4TH ADDITION TO THE CITY OF SIOUX FALLS, SD, 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: Lot 1 of Howes 4th Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on April 14, 2020, 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 East 16th Street right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to a ten-foot utility 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, 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: 04/15/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 20. A RESOLUTION VACATING A PORTION OF THE 66-FOOT-WIDE SECTION LINE RIGHT-OF-WAY LYING ADJACENT AND SOUTH OF THE INTERSTATE 229 NORTHBOUND OFF-RAMP RIGHT-OF-WAY AT THE BENSON RD. INTERCHANGE, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, May 12, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of hearing for Tuesday, May 12, 2020 for Item 20. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 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) 21. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED April 3, 2020. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 22. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A “STAY AT HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT OF THE COVID-19 PANDEMIC. A motion was made by Council Member Erickson and seconded by Council Member Stehly to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 22. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 23. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 29-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH SECOND AMENDED AND RESTATED REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 23.  Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 24. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Resolution No. 48-20. A motion was made by Council Member Selberg and seconded by Council Member Erickson to amend said resolution by changing the last WHEREAS clause to reaad, "WHEREAS, a public meeting of the Public Transit Advisory Board was held on April 15, during which public input was received and considered, and the Board recommended to temporarily suspend and reduce transit services to help reduce the spread of COVID-19; and"; adding an additional WHEREAS clause to read, "WHEREAS, on April 15, 2020 the Sioux Falls Board of Health issued an order to suspend and reduce certain fixed route transit services to help reduce the spread of COVID-19."; and changing all after "NOW, THEREFORE BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:" to read: "Section 1. That effective immediately upon passage and publication of this resolution, and continuing until 11:59 p.m. on May 8, 2020, the following changes shall be in effect for Sioux Area Metro transit services in order to help reduce the spread of COVID-19: Routes 3, 4, 6, 7, 8, and 10 shall run hourly service each day beginning at 5:45 a.m. on weekdays and beginning at 7:45 a.m. on Saturdays. Routes 1, 2, 5, 9, 11 and 19 shall suspend services through May 8, 2020. A new time schedule shall be made available at www.siouxfalls.org/sam. The last route departure time for all route services shall be at 6:45 p.m. (no evening service). Paratransit shall maintain current service area boundaries but run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service). Any rider with an essential trip that is temporarily not served by a fixed-route may contact Sioux Area Metro at 367-7151 to apply for limited essential trip services. Essential trips will include service to medical appointments, pharmacies, grocery stores, and critical jobs. Section 2. Immediate Effect: This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13.". Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 48-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. WHEREAS, in December 2019, the novel coronavirus (COVID-19) was first identified and since that time has spread throughout the world, including to every state in the United States; and WHEREAS, the first cases of COVID-19 appeared in the United States in January 2020; and WHEREAS, the risk of community spread of COVID-19 has grown exponentially since then; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-12 setting forth requirements regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic, and Executive Order 2020-13 requiring “Vulnerable Individuals” in Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure jobs and/or conducting essential errands; and WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South Dakota, with the consent and authorization of the Governor, declared a public health emergency to exist within Minnehaha County, SD; and WHEREAS, COVID-19 is continuing to spread across the community with national, state, and local health authorities confirming that person-to-person contact is creating a public health danger; and WHEREAS, the risk of community spread of COVID-19 through person-to-person contact is magnified when people congregate together; and WHEREAS, if COVID-19 continues to spread at the current rate, the available medical facilities will be stressed and eventually overloaded with critical patients; and WHEREAS, as of 12 noon on April 13, 2020, there have been 654 confirmed cases of COVID-19 within Minnehaha County, 578 of which are active (i.e., the individual is not yet considered to have recovered); and WHEREAS, as of 12 noon on April 13, 2020, there have been 50 confirmed cases of COVID-19 within Lincoln County, 29 of which are active; and WHEREAS, as of 12 noon on April 13, 2020, there have been 868 confirmed cases of COVID-19 within the state of South Dakota, 661 of which are active; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the preparation and mitigation of community transmission of COVID- 19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, Sioux Area Metro (SAM) provides all public transit services for the City of Sioux Falls; and WHEREAS, COVID-19 has led to a 65 percent reduction in SAM fixed route ridership since March 9, 2020; and WHEREAS, COVID-19 has led to an 85 percent reduction in SAM Paratransit ridership since March 9, 2020; and WHEREAS, SAM and the City of Sioux Falls can no longer sustain current transit services with 36 percent of its drivers considered “Vulnerable Individuals” pursuant to the Governor’s Executive Order 2020-13; and WHEREAS, SAM and the City of Sioux Falls desire to temporarily reduce transit services to assist in reducing the spread of COVID-19, protecting the drivers and riders, as well as the community as a whole; and WHEREAS, within FTA Region 8 (Denver Region), 34 communities have reduced transit services and 19 have suspended transit services to help reduce the spread of COVID-19; and WHEREAS, in light of the current COVID-19 pandemic and the Governor’s executive orders relating to such pandemic, Amalgamated Transit Union Local Number 1356 has requested and agreed to a reduction of the fixed route service provided by SAM; and WHEREAS, a public meeting of the Public Transit Advisory Board was held on April 15, 2020, during which public input was received and considered, and the Board recommended to temporarily suspend and reduce transit services to help reduce the spread of COVID-19; and WHEREAS, on April 15, 2020 the Sioux Falls Board of Health issued an order to suspend and reduce certain fixed route transit services to help reduce the spread of COVID-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That effective immediately upon passage and publication of this resolution, and continuing until 11:59 p.m. on May 8, 2020, the following changes shall be in effect for Sioux Area Metro transit services in order to help reduce the spread of COVID-19:  Routes 3, 4, 6, 7, 8, and 10 shall run hourly service each day beginning at 5:45 a.m. on weekdays and beginning at 7:45 a.m. on Saturdays.   Routes 1, 2, 5, 9, 11 and 19 shall suspend services through May 8, 2020.  A new time schedule shall be made available at www.siouxfalls.org/sam  The last route departure time for all route services shall be at 6:45 p.m. (no evening service).  Paratransit shall maintain current service area boundaries but run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service).  Any rider with an essential trip that is temporarily not served by a fixed-route may contact Sioux Area Metro at 367-7151 to apply for limited essential trip services. Essential trips will include service to medical appointments, pharmacies, grocery stores, and critical jobs. Section 2. Immediate Effect: This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: 04/15/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 10:45 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk