City Council Meeting

MINUTES City Council Meeting Wednesday, May 6, 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 Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke (via telecom), Council Member Christine M. Erickson, Council Member Rick Kiley (via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg (via telecom), Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Ryan Lumley, Church of the Gate (via telecom) 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Items 15, 16, and 22 from Agenda Item 6 on the Regular Agenda for Council Discussion (15; Health; Meals for Isolation Sites; Interstate House of Pancakes, Inc. d/b/a Roll'n Pin; To Establish Pricing); (16; Fire/Police; Facility Use Agreement; University of Sioux Falls; Not to Exceed $50,000), (22; Health; Security Guard Services Agreement; Signal 88 Security; $21.00 per hr.). See Agenda Item 6 for action taken. 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. 5. APPROVAL OF MINUTES  Special City Council Meeting of Friday, April 17, 2020  Informational Meeting of Tuesday, April 21, 2020   City Council Meeting of Tuesday, April 21, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 1, 2020. A motion was made by Council Member Starr and seconded by Council Member Soehl to approve Sub-Item 16 to Agenda Item 6. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Stehly was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. A motion was made by Council Member Starr and seconded by Council Member Soehl to approve Sub-Items 15 and 22 to Agenda Item 6. Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 7. Report of Requests for Quotes for Fuel dated: April 20, 2020; Unleaded (8,500 Gallons); Coles Petroleum (Unleaded $.8526); Harms Oil (Unleaded $.8546); Parkland Oil (Unleaded $.865); CSH, Olson Oil, Vollan Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 8. Report of Requests for Quotes for Fuel dated: April 21, 2020; Dyed Diesel #2 (7,500 Gallons); Vollan Oil (Dyed Diesel #2 $1.0115); Coles Petroleum (Dyed Diesel #2 $ .997); Parkland (Dyed Diesel #2 $.9625); Harms Oil (Dyed Diesel #2 $.972); CSH, Olson Oil, and Howes Oil, all no bid. Bid awarded to: Parkland. 9. Report of Requests for Quotes for Fuel dated: April 22, 2020; Dyed Diesel #2 (4,000 Gallons) and Unleaded (4,000 Gallons); Parkland (Dyed Diesel #2 $.832 and Unleaded $.70); Coles Petroleum (Dyed Diesel #2 $ .955 and Unleaded $.801); CSH, Olson Oil, and Howes Oil, all no bid. Bid awarded to: Parkland. 10. Report of Requests for Quotes for Fuel dated: April 27, 2020; Unleaded (8,500 Gallons); Cole Petroleum (Unleaded $.8315); Harms Oil (Unleaded $.8502); Parkland Oil (Unleaded $.8529); CSH, Olson Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 11. Various Retail Malt Beverage renewals for 2020-2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Parcel #32025, for 2018 property taxes in the amount of $101.94. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 13. Parcel #32025, for 2019 property taxes in the amount of $1,718.71. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 14. Parcel #53211, for 2019 property taxes in the amount of $1757.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 15. Northwest District of the Wesleyan Church, 100 N. Ebenezer Avenue, Parcel #90876, for 2019 property taxes in the amount of $40,113.14. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 16. Set a date of hearing for Tuesday, May 19, 2020. New 2020 Retail Wine & Cider License for Hilton Garden Inn Downtown, 201 East 8th Street (CUP not required). 17. Set a date of hearing for Tuesday, May 19, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for The Diamond Room, 3501 West 57th Street (CUP not required). 18. Set a date of hearing for Tuesday, May 19, 2020. New 2020 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Sioux Falls State Theatre, 316 South Phillips Avenue (CUP not required). 19. Set a date of hearing for Tuesday, May 19, 2020. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, and Renewal of 2020-21 Retail Malt Beverage/SD Farm Wine License from 777 Casino LLC, 5237 West 26th Street, to MG Oil Company, 777 Casino, 5237 West 26th Street, Conditional Use Permit (9993-2019) being approved on April 3, 2019. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl 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. 21. PUBLIC INPUT John Cunningham spoke about the processes of the Board of Ethics. Catherine Riffle spoke about COVID-19 and its impact on the homeless. David Zokaites spoke about COVID Consequences.  Steven Siano spoke about his dissatisfaction with reduced bus service and not being able to use the library. Will Anderson called on the City to impose a moratorium on evictions. Sierra Broussard spoke about home remodeling being done without a permit, recognition of journalists, and police investigations. Tim Stanga spoke about the large number of people at restaurants and getting back to business. Amy Ibis spoke against any type of citywide moratorium on evictions. Amy Miller spoke against a citywide moratorium on evictions. Sub-Items 15, 16, and 22 from Agenda Item 6 were heard at this time. See Item 6 for action taken. UNFINISHED BUSINESS 22. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with conditional use permit (11735-2020) being approved on April 1, 2020. Pending final inspections per Building Services. 23. Request to include video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with Conditional Use Permit (11735-2020) being approved on April 1, 2020. Pending final inspections per Building Services. 24. Transfer of 2020 Retail Liquor License from Pancakes and More Inc, Original Pancake House, 2713 West 41st Street, to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required). Pending final inspections per Building Services. 25. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020. 26. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3, August 7, and September 4, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve Items 22 through 24.  Roll call vote to approve. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to defer Items 25 and 26 to the City Council Meeting of Wednesday, June 3, 2020. Roll call vote to defer. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5605 S. WESTWIND AVE. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT(S) TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11816-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 45-20. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 411 W. 12TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 11784-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 46-20. Roll call vote to adopt. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 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) 29. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED April 30, 2020. NEW BUSINESS  There was none. ITEMS ADDED AFTER AGENDA DEADLINE 30. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF RESOLUTION 48-20 TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 53-20. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend Section 1 by changing May 30, 2020 to May 15, 2020. Roll call vote to amend. 7 Yes: Starr, Stehly, Brekke, Erickson, Neitzert, Selberg, Soehl; 1 No: Kiley. Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Stehly to amend Section 2 by changing May 30, 2020 to May 15, 2020. Roll call vote to amend. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 53-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF RESOLUTION 48-20 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, on April 24, 2020, the Governor extended Executive Order 2020-13 in Executive Order 2020-18 until May 11, 2020, which requires “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, 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 29, 2020, there have been 1,984 confirmed cases of COVID-19 within Minnehaha County, 758 of which are active (i.e., the individual is not yet considered to have recovered); and WHEREAS, as of 12 noon on April 29, 2020, there have been 138 confirmed cases of COVID-19 within Lincoln County, 53 of which are active; and WHEREAS, as of 12 noon on April 29, 2020, there have been 2,373 confirmed cases of COVID-19 within the state of South Dakota, 868 of which are active; and WHEREAS, as of April 30, 2020, there have been 17 known deaths in the state of South Dakota resulting from COVID-19; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to 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 76 percent reduction in SAM fixed-route ridership since March 9, 2020; and WHEREAS, COVID-19 has led to an 87 percent reduction in SAM paratransit ridership since March 9, 2020; and WHEREAS, currently 36 percent of SAM’s drivers are considered “Vulnerable Individuals” pursuant to the Governor’s Executive Order 2020-13, extended by Executive Order 2020-18; and WHEREAS, on April 15, 2020, the City Council adopted Resolution No. 48-20, temporarily reducing transit service in response to the COVID-19 emergency; and WHEREAS, SAM and the City of Sioux Falls desire to extend the effective date of temporarily reduced 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, 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 May 4, 2020, during which the Board voted and recommended unanimously to extend the effective date of Resolution 48-20. 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 15, 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 15, 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. Restoration of Services. The Mayor is hereby authorized to restore some or all of the reduced or suspended transit services prior to May 15, 2020, if he deems such restoration to be appropriate. Section 3. 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: 05/06/20 . 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 8:11 p.m. Voice vote to adjourn. 8 Yes: Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk