City Council Meeting

MINUTES City Council Meeting Tuesday, May 12, 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 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, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  Dr. David L. Aronson (via telecom) 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 Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Special City Council Meeting of Friday, May 1, 2020  Informational Meeting of Wednesday, May 6, 2020  City Council Meeting of Wednesday, May 6, 2020  Special City Council Meeting of Thursday, May 7, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 8, 2020. 7. Notice of change orders on the memorandum dated May 8, 2020. 8. Report of Requests for Quotes for Fuel dated: April 30, 2020; Dyed Diesel #2 (7,500 Gallons); Coles Petroleum (Dyed Diesel #2 $.8186); Harms Oil (Dyed Diesel #2 $.856); Parkland Oil (Dyed Diesel #2 $.901); Vollan Oil (Dyed Diesel #2 $.8638); CSH, Olson Oil, and Howes Oil, no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated: May 4, 2020; Unleaded (7,500 Gallons); Coles Petroleum (Unleaded $.9738); Harms Oil (Unleaded $1.0219); Parkland Oil (Unleaded $.993); Vollan Oil (Unleaded $1.017); Olson Oil and Howes Oil, both no bid. Bid awarded to: Coles Petroleum. 10. Sioux Area Metro Report of Requests for Quotes for Fuel dated: May 5, 2020; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil #2 Clear Diesel ($1.222); Harms Oil, Howes Oil, CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy/Farstad Oil. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. V2 LLC, 1904 N. Tombill Pl., Parcel #91596, for 2019 property taxes in the amount of $300.87. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 12. James Shields, 401 N. La Mesa Dr., Parcel #11657, for 2019 property taxes in the amount of $1,151.92. Reason: Assessment Freeze for the Elderly and Disabled. 13. Charlene Harbert, 2923 N. Wayland Ave., Parcel #40824, for 2019 property taxes in the amount of $406.38. Reason: Assessment Freeze for the Elderly and Disabled. 14. Bobby Hall, 1212 S. Norton Ave., Parcel #41457, for 2019 property taxes in the amount of $702.41. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA 15. 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: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 16. PUBLIC INPUT John Cunningham provided recommendation for the Board of Ethics to improve their processes. Jackie Kranz made a request to open the McKennan Park Band Shell for use as a recital for graduating seniors in her dance studio. Tom Bosch expressed the gratitude of Avera to the City and other organization for their assistance establishing the Washington High School testing site. David Zokaites spoke about religious politics. Will Anderson called for a halt on evictions for non-payment. Sierra Broussard spoke about Police Department responsiveness and a recent altercation. HEARINGS AND RESOLUTIONS 17. 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. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 54-20. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 54-20 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. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Northwest Quarter (NW1/4) of Section Two (2), Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota, except Lot H-2 Northeast Quarter (NE1/4) of Section 3, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota, east of 1-229, except Lot H-2  WHEREAS, the hearing was held on May 12, 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 66-foot-wide section line right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, 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: 05/12/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 12015-2020—FOUNDATION PARK. A motion was made by to adopt Resolution No. 55-20. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Stehly was not present for the vote on this motion. RESOLUTION NO. 55-20 ANNEXATION 12015-2020—FOUNDATION PARK A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along N. Marion Rd. 4. For all plats in the Foundation Park Addn., the Sioux Falls Development Foundation is required to deposit funds in an escrow account to pay for sanitary sewer costs in Foundation Park Addn. The 2020 cost is $11,673.53/acre.  5. City water is available from Marion Rd. and Foundation Ct. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: South 264' of the West 348' of the Northwest Quarter (NW1/4) Excluding Lot H-2, in Section 24, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota 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: 05/12/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 12035-2020—TRACT 1D MCCROSSAN ADDITION. A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 56-20. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 56-20 ANNEXATION 12035-2020—TRACT 1D MCCROSSAN ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits.  2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along N. Marion Rd. 4. Sanitary sewer will need to be extended by the applicant to serve the site. A sanitary sewer cost recovery will need to be escrowed by the Development Foundation and paid to the City upon request and completion of the Phase 1 sewer projects. 5. For all plats in the Foundation Park Addn., the Sioux Falls Development Foundation is required to deposit funds in an escrow account to pay for sanitary sewer costs in Foundation Park Addn. The 2020 cost is $11,673.53/acre. 6. City water is available from Marion Rd. and Foundation Ct. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 1D of McCrossan Addition in the SW1/4 of Section 24, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota 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: 05/12/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 36-20. ANNEXATION LEGAL DESCRIPTION CORRECTION 11536-2019 Tract 1 and Tract 2 Westwood Valley Second Addition. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 57-20. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 57-20 ANNEXATION LEGAL DESCRIPTION CORRECTION 11536-2019 Tract 1 and Tract 2 Westwood Valley Second Addition  A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 36-20. WHEREAS, on March 10, 2020, the City Council of the City of Sioux Falls adopted Resolution No. 36-20 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 36-20 was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 36-20 hereby is amended to read as follows: Tract 1 and Tract 2, Westwood Valley Second Addition to the City of Sioux Falls, in the SW1/4 of Section 28, T101N, Range 50, West of the 5th P.M. Minnehaha County, South Dakota 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: 05/12/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF RESOLUTION 53-20 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. 58-20. Roll call vote to adopt. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 58-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF RESOLUTION 53-20 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, as of May 7, 2020, there have been 2,332 confirmed cases of COVID-19 within Minnehaha County; and WHEREAS, as of May 7, 2020, there have been 171 confirmed cases of COVID-19 within Lincoln County; and WHEREAS, as of May 7, 2020, there have been 2,905 confirmed cases of COVID-19 within the state of South Dakota, 846 of which are active; and WHEREAS, as of May 7, 2020, there have been 31 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, on May 6, 2020, the City Council adopted Resolution No. 53-20, extending the effective date of the temporarily reduced transit service through May 15, 2020; and WHEREAS, SAM and the City of Sioux Falls desire to further 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 through May 30, 2020. 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 23, 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 23, 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 23, 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: 05/12/20 . 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 Selberg to adjourn at 7:48 p.m. Roll call vote to adjourn. 8 Yes: Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk