City Council Meeting

MINUTES Regular City Council Meeting Tuesday, August 4, 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 Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 2. INVOCATION  Jeanne Omland, Partner, Direct Line Prayer Center 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place Sub-Items 1 and 2 from Agenda Item 6 on the Regular Agenda for Council Discussion (1. Finance. Independent Contractor Agreement to Conduct a Review of Internal Financial Controls 20-4157, Eide Bailly, LLP, $10,000.00 and 2. Parks/Recreation, Midco Aquatic Center Pool Filter Upgrade; Agreement for final design and construction administration, 20- 3342, TSP, Inc. $51,400.00). A motion was made by Council Member Starr and seconded by Council Member Brekke to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Special City Council Meeting of Tuesday, July 21, 2020  Informational Meeting of Tuesday, July 21, 2020   City Council Meeting of Tuesday, July 21, 2020  Joint Council Meeting - Minnehaha County of Tuesday, July 28, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 31, 2020. A motion was made by Council Member Starr and seconded by Council Member Neitzert to approve Sub-Item 1 to Agenda Item 6. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Starr to approve Sub-Item 2 to Agenda Item 6.. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated July 31, 2020. 8. Approval of a request from Mikenzie Crocker and Richard Culver to consume, but not sell, wine and liquor at the Old Courthouse Museum, 200 W. 6th Street, on August 29, 2020, for the following purpose: wedding. 9. Report of Requests for Quotes for Fuel dated: June 11, 2020; Dyed Diesel #2 (7,500 Gallons); Vollan Oil (Dyed Diesel #2 $1.21); Howes Oil (Dyed Diesel #2 $1.232); Coles Petroleum (Dyed Diesel #2 $1.234); Farstad Oil (Dyed Diesel #2 $ 1.2375); Harms Oil (Dyed Diesel #2 $1.2298); Olson Oil and CHS, no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: July 17, 2020; Unleaded Ethanol (4,000 Gallons) and Dyed Diesel #2 (11,500 Gallons); Coles Petroleum (Unleaded $1.4638 and Dyed Diesel $1.2824) CHS Inc. (Unleaded $1.54 and Dyed Diesel $1.32): Olson Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 11. Report of Requests for Quotes for Fuel dated: July 20, 2020; Unleaded Ethanol (8,500 Gallons); Farstad Oil ($1.4745); Olson Oil and CHS, all no bid. Bid awarded to: Farstad Oil. 12. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: July 23, 2020; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil: #2 Clear Diesel ($1.604); Harms Oil: #2 Clear Diesel ($1.6718); CHS, Inc., Howes Oil., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 13. Report of Requests for Quotes for Fuel dated: July 28, 2020; Unleaded Ethanol (8,500 Gallons); #2 Dyed Diesel (7,500 Gallons); Cole’s Petroleum ($1.4866 Unleaded &  $1.3175 Diesel); Harms Oil ($1.5182 Unleaded & $1.346 Diesel); Farstad Oil ($1.492 Unleaded & $1.334 Diesel); CHS, Inc, Stern Oil, Howes Oil, Midway Service, and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, August 18, 2020. New 2020 Retail Wine & Cider License for Envy Nails and Spa LLC, 611 South Highline Place (CUP not required). 15. Set a date of hearing for Tuesday, August 18, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine license for MG Oil Company, 777 Casino Too, 5239 West 26th Street (CUP not required). 16. Set a date of hearing for Tuesday, August 18, 2020. Request to add video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, 777 Casino Too, 5239 West 26th Street. 17. Set a date of hearing for Tuesday, August 18, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for CPAG LLC, The Rush, 2701 West 41st Street, Suite B. 18. Set a date of hearing for Tuesday, August 18, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Chef Lance’s on Phillips LLC, 431 North Phillips Avenue (CUP not required). 19. Set a date of hearing for Tuesday, August 18, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Interstate House of Pancakes to be operated at Dakotah Lodge, 3200 West Russell Avenue, for a Chamber event on August 19, 2020. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 21. PUBLIC INPUT The following citizens expressed support for the Sioux Falls Municipal Band and keeping it in the city budget: Delta David Gier, George Hahn, John Mogen, Rogene Brown, Julie Ashworth, and Tom Ashworth. David Zokaites spoke about police work. Michael Gibson spoke about a need to evaluate city ordinances regarding if battery electric play vehicles can be driven on sidewalks.  Qadir Aware spoke about the recently formed Human Relations Commissions. Sierra Broussard spoke about diversity, the LGBTQ community, their rights, and the voting history of political entities. Sub-Items 1 and 2 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 and New 2020 Retail Wine & Cider License for Kelly Midwest Ventures LP, Hyatt Place Sioux Falls, 4935 Lake Shore Boulevard (CUP Not required). Pending final inspections per Building Services. 23. Transfer of 2020 Retail Wine & Cider License, 2020 Package Liquor License and 2020- 21 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Grevco Inc., Shop N Cart North, 1029 North Minnesota Avenue, to FCO LLC, Shop N Cart North, 1029 North Minnesota Avenue. Pending final inspections per Building Services. 24. Transfer of 2020 Package Liquor License from EBJ Inc., Liquor Mart South, 5004 South Cliff Avenue, to ODJ Enterprises LLC, Liquor Mart South, 5004 South Cliff Avenue. 25. Special One-Day Liquor License for TSlat Inc, JJ’s Wine, Spirits & Cigars, to be operated at Sanford Event Barn, 2510 East 54th Street North, for a wedding on August 15, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 23 through 25. Roll call vote to approve. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 4101 S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 12302-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 63-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 64-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING OFFER TO PURCHASE REAL ESTATE FROM THE CITY. A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 65-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 29. 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” TO ENHANCE TRANSPARENCY IN CITY GOVERNMENT. Recommendation: Set a date of 2nd Reading for Tuesday, August 11, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of hearing for Tuesday, August 11, 2020 for Item 29. Roll call vote to set a date of hearing. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 30. A RESOLUTION AMENDING CITY PLANNING COMMISSION BYLAWS. The Planning Commission recommends approval (6-0). A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 81-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 81-20 A RESOLUTION AMENDING CITY PLANNING COMMISSION BYLAWS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Pursuant to Revised City Ordinance § 154.023, the following Articles of the document titled “City of Sioux Falls Planning Commission Bylaws” are amended to read: ARTICLE I. Constitution Provisions for establishment of the Planning Commission are provided as adopted by the Sioux Falls City Commission in Ordinance No. 1992, August 3, 1959. The responsibilities of the Board are designated within Section 154. There is hereby created a City Planning Commission for the city and for land within the joint jurisdictional area and not located within any other municipality. SDCL 11-6-2. Planning and Zoning Commission required in municipality—Comprehensive plan to be effected. For the purpose of promoting the health, safety, and general welfare of the municipality, each municipality of the state shall provide by ordinance for a Planning and Zoning Commission, including the appropriation of money to a fund for the expenditures of such commission and to provide by ordinance the qualifications of the members, mode of appointment, tenure of office, compensation, powers, duties of and rules governing such board. Municipalities shall, as soon as possible, make, adopt, amend, extend, add to, or carry out a general municipal plan of development, such plan to be referred to as the comprehensive plan. The City of Sioux Falls’ Planning Commission serves as an advisory board to the City Council. It shall be the function and duty of the Planning Commission to make and adopt a master plan for the physical development of the municipality. It is the responsibility of the Planning Commission to consider and make recommendations on land use and zoning matters. The comprehensive plan was adopted by the Planning Commission on October 5, 2016, and by the City Council on October 11, 2016. The Planning Commission is currently implementing Shape Sioux Falls 2040. ARTICLE II. Membership and Appointment Section 1. Members must be registered voters of the city. Commission members are appointed by the Mayor, subject to the approval of the city council. The Commission shall consist of a maximum of nine members with due regard to a diverse representation of citizens and professions including, by way of example and not limitation, architecture, education, real estate, land development, and finances. Members should serve full terms of five years. Appointees may not serve more than two consecutive full or partial terms. (See Sec. 30.025. Creation of agencies, authorities, committees, boards, commissions, and districts of the Code of Ordinances of Sioux Falls, SD.) Section 2. Each member appointed shall receive orientation materials regarding, at a minimum, the form of city government, the City’s conflicts of interest ordinance, the state open meeting laws, bylaws, and the basic rules of parliamentary procedure (within the Handbook for Citizen Boards). Section 3. Any member may withdraw from the Commission by giving written notice to the Mayor or the chairperson of the Commission. Section 4. Any vacancy on the Commission shall be filled for the unexpired term of the member vacating the Commission in the same manner as is required for the regular appointment. Article III. Officers and Their Duties Section 1. The officers of the Planning Commission shall consist of a chairperson, a vice-chairperson, and chairperson pro-tem. Section 2. Chairperson—The chairperson presides at all hearings and meetings of the Commission, votes only in the event of a tie vote, ensures proper order of the Commission and the public in all proceedings, signs all documents of the Commission, and represents the Commission before legislative and administrative bodies. Section 3. Vice-Chairperson—The vice-chairperson shall perform the duties and have the responsibilities of the chairperson during the absence, disqualification, or disability of the chairperson. Section 4. Chairperson Pro Tem—The chairperson pro tem, when both the chairperson and vice-chairperson are absent from a hearing or meeting, shall be the most tenured member of the Planning Commission in attendance at the meeting. If there are multiple members with the same tenure present at the meeting, the chairperson will be the member whose last name comes first alphabetically. Article IV. Election of Officers and Appointments Section 1. At the first regular meeting of each calendar year, the Planning Commission shall elect a chairperson and vice-chairperson. Section 2. The Planning Commission shall organize by electing its officers from among its members for a term of one year with eligibility for reelection. Section 3. All appointed committees shall be appointed by the chairperson upon motion of the Commission. Their duties shall be specified in the motion. Their activities are limited to the purpose for which they were created and after performing their service ceases to exist. Article V. Staff of the Commission and Their Duties Section 1. The Planning Commission may utilize City staff and departments to carry out appropriate planning functions. Section 2. Planning and Development Services Department advises the Planning Commission and City Council on matters related to planning, development, and redevelopment; coordinates and supervises the work of all other staff and consultants; prepares all documents for presentation to the Planning Commission; and assists the Planning Commission in the exercise of their duties. The Senior Planner or designee shall have the privilege to address the Planning Commission during regular meetings. Section 3. Legal Counsel—The City Attorney or designee shall serve as legal counsel to the Planning Commission; prepares memoranda of law as requested by the Planning Commission; and reviews drafts of ordinances, resolutions, and bylaws, and their amendments. Article VI. Meetings Section 1. Regular Meeting—Regular meetings will generally be held on the first Wednesday of every month at 6 p.m., in the City Council Chambers of Carnegie Town Hall. In the event that a City holiday, City Council meeting, or other special event conflicts with the general meeting schedule, then the regular meeting may be held on any other weekday evening during the first three weeks of the relevant month. The Planning and Development Services Department shall give each Planning Commission member notice either in person, by mail, email, or other electronic means, of any change from the general meeting day and/or time. Regular meetings are noticed official meetings and open to the public, during which the Planning Commission deliberates and may take votes on specific items. Section 2. Special Meeting—Special meetings may be held at any time and may be called by the chairperson or vice-chairperson. Special meetings are noticed official meetings and open to the public, during which the Planning Commission deliberates and may take votes on specific items. If a special meeting of the Commission is held because of an applicant’s request, that applicant shall pay a special meeting fee of $500 to the City Clerk prior to the scheduling of the meeting to cover the cost of advertising the meeting and administrative costs. Whenever a special meeting is called, a written notice signed by the chairperson or vice- chairperson requesting the meeting shall be prepared by staff and filed with the City Clerk and served upon each member of the Planning Commission either in person, by facsimile, or by email. The notice shall state the date and hour of the meeting and the purpose for which such meeting is called. No business shall be transacted at the meeting except such as is stated in the notice. No special meeting shall be held until at least 24 hours after the call is issued. Section 3. Working Session—A noticed official hearing open to the public to discuss specific matters before the Commission. The intent of the working session is informational, and the Planning Commission shall not express nor make a final determination on any matter during the working session. Section 4. Joint Meeting—Joint meetings are noticed official meetings, open to the public, during which the City and County Planning Commissions deliberate and may take votes on specific items within the joint jurisdictional area. Any and all meeting and notice requirements set forth in State law, City ordinance, and/or relevant County bylaws shall be followed. Section 5. Unless otherwise specified, Robert’s Rules of Order, Revised, shall guide the proceedings at meetings of the Commission. Article VII. Order of a Regular Meeting or Public Hearing 1. Call to order and determination of quorum. 2. Informational item. 3. Approval of consent agenda, including the minutes of the previous meeting. 4. Approval of regular agenda. 5. Items carried over from a previous agenda shall generally be presented in the following order: a. Future Land Use Amendments b. Rezoning c. Conditional Use Permit d. PUD Amendments and Initial Development Plans e. Zoning and Subdivision Ordinance Amendments f. Alternate Site Plans g. Preliminary Subdivision Plans 6. Items of the present agenda presented in the same general order as above. 7. Public Input on Non-Agenda Items 8. New business. 9. Adjournment. Failure to strictly adhere to the order of business set forth above shall not invalidate any proceeding hereunder or any action taken at such proceeding. Article IX. Quorum and Voting Requirements Section 1. In order for the Commission to conduct business or take any official action, a quorum shall be present. For purposes of this Article IX, a member is present when he or she is physically in attendance at the meeting place or attending electronically, even if that member is required to recuse himself or herself for one or more agenda items due to a conflict of interest. When a quorum is not present, no official action―except for closing of the meeting―may take place. The members of the Commission may discuss matters of interest, but can take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting. A quorum of the Planning Commission shall consist of five members, including the chairperson. Section 2. A majority of the members participating in a vote (i.e., not including absent members or members who have recused themselves from the vote due to a conflict of interest) shall be required to pass a motion, with a minimum requirement of three members required to vote on a motion. Section 3. Abstention from voting shall be recorded but shall not count as a vote either for or against an item. Section 4. In the event of a tie vote among the other Planning Commission members, the chairperson shall vote. Section 5. Members will be allowed to attend and participate in official meetings using telecommunication methods available through the City of Sioux Falls, which may include, but is not limited to, participation via telephone and/or video conferencing. Any and all Articles of the existing City of Sioux Falls Planning Commission Bylaws not specifically amended herein shall remain unchanged and in full force and effect as set forth in such Bylaws. Date adopted: 08/04/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 31. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF MAJESTIC MEADOWS SECOND ADDITION (12296-2020). The Planning Commission recommends approval (6-0). A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 82-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 82-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF MAJESTIC MEADOWS SECOND ADDITION (12296-2020). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Majestic Meadows Second Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 08/04/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 32. A RESOLUTION SUPPORTING THE CANDIDACY OF BILL O’TOOLE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). A motion was made by Council Member Erickson and seconded by Council Member Starr to adopt Resolution No. 83-20. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 83-20 A RESOLUTION SUPPORTING THE CANDIDACY OF BILL O’TOOLE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). WHEREAS, the City of Sioux Falls is a member of the SDPAA, which is a risk-sharing pool comprised primarily of South Dakota cities and counties; and WHEREAS, the Risk Management function is aligned with the Human Resources Department, and Bill O’Toole is the current Director of Human Resources; and WHEREAS, it is in the best interest of the City of Sioux Falls to seek and continue to pursue representation on the Board of Directors of the SDPAA; and WHEREAS, the SDPAA board member eligibility rules require the candidacy to be supported by a resolution of the governing board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council hereby supports the candidacy of the Human Resources Director, Bill O’Toole, for a position on the Board of Directors of the SDPAA. Date adopted: 08/04/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 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) 33. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED June 30, 2020. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Kiley to adjourn the meeting at 8:26 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk