City Council Meeting

MINUTES City Council Meeting Tuesday, July 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 Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: None 2. INVOCATION  Reverend Dr. M.G. Martell Spagnolo, Sr. Pastor of First Congregational Church, UCC 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Council Member Marshall Selberg, Chair The presentation will be held at next week's Council Meeting. Mayor Paul TenHaken presented Tom Greco, City Clerk, with a Challenge Coin for all of his hard work with the recent Election; and the integrity of which it was held. CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Council Member Pat Starr asked for Item 7, Sub-Item 13, Human Resources; Agreement between the City of Sioux Falls and SD Public Assurance Alliance to form local government risk pool by providing Risk Management services and defending and  protecting against liability; South Dakota Public Assurance Alliance; $840,348.00; to be placed on the Regular Agenda after Item 17. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 7, 2020  Regular City Council Meeting of Tuesday, July 7, 2020 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated July 10, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Sub-Item 13, Human Resources; Agreement between the City of Sioux Falls and SD Public Assurance Alliance to form local government risk pool by providing Risk Management services and defending and protecting against liability; South Dakota Public Assurance Alliance; $840,348.00. Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 8. Report of Requests for Quotes for Fuel dated: July 6, 2020; Unleaded Ethanol (5,250 Gallons) and Dyed Diesel #2 (10,750 Gallons); Coles Petroleum (Unleaded $1.535 and Dyed Diesel $1.3239); Vollan Oil (Unleaded $1.5393 and Dyed Diesel $1.3363); Stern Oil (Unleaded $1.4778 and Dyed Diesel $1.3245); Farstad Oil, Olson Oil, and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 10. PUBLIC INPUT Sierra Broussard spoke about Council Member Alex Jensen's Legislative Record in Pierre. Matt Paulson clarified Council Member Alex Jensen's Legislative Record. David Zokiates spoke about TSA Sexual Assault. Chris Cooper spoke about affordable housing.  Tim Stanga spoke about the Whittier Neighborhood and park. Michaela Smothers thanked Council Member Pat Starr for his assistance with Heritage Park issues. Dennis Haugen spoke about choosing to move to Sioux Falls and considers it a premium city. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 11. 2nd Reading: Deferred from the Meeting of Tuesday, July 7, 2020; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF N. MARION RD. AND NORTH OF INTERSTATE 90 FROM THE AG AGRICULTURE AND C-2 COMMERCIAL NEIGHBORHOOOD AND STREETCAR DISTRICTS TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 12173-2020, 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 Neitzert and seconded by Council Member Erickson to adopt Ordinance No. 58-20. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS STORM DRAINAGE SYSTEM REVENUE BONDS, IN ONE OR MORE SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE STORM DRAINAGE SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID STORM DRAINAGE SYSTEM REVENUE BONDS, FIXING THE TERMS OF SUCH STORM DRAINAGE SYSTEM REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH STORM DRAINAGE SYSTEM REVENUE BONDS TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $9,457,400. A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Ordinance No. 59-20. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A GROUND LEASE AGREEMENT BETWEEN THE UNITED STATES POSTAL SERVICE.  A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Ordinance No. 60-20. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 14. 2nd Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Ordinance No. 61-20. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER. A motion was made by Council Member Brekke and seconded by Council Member Erickson to adopt Ordinance No. 57-20. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 36 “FINANCES,” SECTION 36.029 “PUBLICATION OF ADVERTISEMENT FOR BIDS.” Recommendation: Set a date of 2nd Reading for Tuesday, July 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, July 21, 2020 for Item 16. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Neitzert, Selberg; 0 No: (None). Motion Passed. Kiley was not present for the vote on this motion. HEARINGS AND RESOLUTIONS 17. A RESOLUTION ADVISING AND GIVING CONSENT TO A LIAISON AND ALTERNATES TO THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 78-20.  Roll call vote to adopt. 7 Yes: Soehl, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 1 No: Starr. Motion Passed. RESOLUTION NO. 78-20 A RESOLUTION ADVISING AND GIVING CONSENT TO A LIAISON AND ALTERNATES TO THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE. WHEREAS, the Intergovernmental Contract for the South Dakota Public Assurance Alliance (the “Agreement”) requires each Member to appoint an individual (“the Liaison”) and an alternate to represent the Member with the Alliance; and WHEREAS, such Liaison shall act for purposes of relating risk reduction, and loss control information, and any other information or instructions concerning the obligations of the Member imposed by the Agreement and the rules and regulations established thereunder. The Liaison or alternate shall cast on behalf of the Member, any vote which the Member is required or permitted to cast; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it hereby gives its advice and consent to the Mayoral appointment to the South Dakota Public Assurance Alliance the following Liaison and alternates in the case of the unavailability, the temporary disability or the temporary absence of the Liaison (in the order hereinafter enumerated): 1. Director of Human Resources 2. Risk Manager 3. Safety and Risk Coordinator Date adopted: 07/14/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk Item 7, Sub-Item 13 was heard at this time. See item for action taken. 18. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 79-20. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 79-20 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Mary Murphy Board of Health Appointed for a term from July 2020 to July 2023 (to replace David Meyer). Karen Tvedt Board of Health Appointed for a term from July 2020 to July 2023 (to replace Teresa Miller). Pamela Cole Board of Historic Preservation Reappointed for a term from July 2020 to July 2023. Adam Nyhaug Board of Historic Preservation Appointed for a term from July 2020 to July 2023 (to replace Shelly Sjovold). Gail Fossum Shea Board of Historic Preservation Appointed for a term from July 2020 to July 2023 (to replace Jennifer Dumke). Amy Pokela City Naming Commission Reappointed for a term from July 2020 to July 2023. Ann Nachtigal Parks and Recreation Board Reappointed for a term from July 2020 to July 2025. Jim Stavenger Parks and Recreation Board Reappointed for a term from July 2020 to July 2025. Sara Lum Visual Arts Commission Appointed for a term from July 2020 to July 2023 (to replace Ivy Oland). James Zajicek Visual Arts Commission Reappointed for a term from July 2020 to July 2023. Mike Gray Zoning Board of Adjustment Appointed for a term from July 2020 to July 2023 (to replace Ryan Rients). David Locke Zoning Board of Adjustment Appointed for a term from July 2020 to July 2023 (to replace Craig Markhardt). Billy Pollema Zoning Board of Adjustment Reappointed for a term from July 2020 to July 2023. Date adopted: 07/14/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS Mayor Paul TenHaken relinquished the chair pursuant to Section 30.008(2) of the Code of Ordinances and departed the meeting at 8:16 p.m. Council Chair Marshall Selberg assumed duties as presiding officer. 19. ELECTION OF CITY COUNCIL CHAIR A motion was made by Council Member Kiley and seconded by Council Member Soehl to nominate Council Member Greg Neitzert as City Council Chair. Roll call vote to elect the City Council Chair. For Neitzert (8): Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg. Greg Neitzert was elected as the City Council Chair. 20. ELECTION OF CITY COUNCIL VICE CHAIR A motion was made by Council Member Erickson and seconded by Council Member Kiley to nominate Council Member Curt Soehl as City Council Vice Chair. Roll call vote to elect the City Council Vice Chair. For Soehl (8): Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg. Curt Soehl was elected as the City Council Vice Chair. 21. ELECTION OF 4TH MEMBER TO CITY COUNCIL OPERATIONS COMMITTEE A motion was made by Council Member Erickson and seconded by Council Member Kiley to nominate Council Member Alex Jensen as the 4th Member to the City Council Operations Committee. Roll call vote to elect the 4th Member to the City Council Operations Committee. For Jensen (8): Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg. Alex Jensen was elected as the 4th Member to the City Council Operations Committee. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 8:38 p.m. Voice vote to adjourn. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk