City Council Meeting

MINUTES City Council Meeting Tuesday, August 18, 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 Alex Jensen, Council Member Rick Kiley, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: Council Member Greg Neitzert 2. INVOCATION  Pastor Randall Gehring, Our Savior's Lutheran Church 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 Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. A request was made by Council Member Brekke to place Agenda Item 9 on the Regular Agenda, immediately before Item 37, for Council Discussion. No action was required on the item. 5. APPROVAL OF MINUTES  Budget Hearings of Tuesday, August 11, 2020  City Council Meeting of Tuesday, August 11, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 14, 2020. 7. Report of Requests for Quotes for Fuel dated: August 6, 2020; Unleaded Ethanol (8,500 Gallons); Cole’s Petroleum ($1.4519); Farstad Oil ($1.473); Vollan Oil ($1.4786); Olson Oil and Howes Oil, both no bid. Bid awarded to: Cole’s Petroleum. 8. Report of Requests for Quotes for Fuel dated: August 11, 2020; Dyed Diesel (7,500 Gallons); Cole’s Petroleum ($1.3086); Harms Oil ($1.3767); Vollan Oil ($1.3304); Farstad Oil ($1.3200); CHS Inc. ($1.375); Stern Oil ($1.3254); Olson Oil, no bid. Bid awarded to: Cole’s Petroleum 9. Letter from the Sioux Falls Board of Ethics to the Sioux Falls City Council, dated August 11, 2020. APPLICATIONS 10. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on August 29, September 19, October 19 and 31, 2020 and May 22, 2021. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #35328, for 2018 property taxes in the amount of $98.00. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 12. Parcel #35328, for 2019 property taxes in the amount of $1,033.10. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) NOTICE OF HEARINGS 13. Set a date of hearing for Tuesday, September 1, 2020. Transfer of 2020 Retail Wine & Cider License and 2020-21 Retail Malt Beverage/SD Farm Wine License from Red Sea Pub LLC, 921 East 8th Street, to Red Sea Pub Inc., 921 East 8th Street. 14. Set a date of hearing for Tuesday, September 1, 2020. Transfer of 2020 Retail Wine & Cider License from Munce Spa Inc., Spa 2000, 224 North Phillips Avenue #110, to Lam Spa LLC, Spa 2000, 224 North Phillips Avenue #110. 15. Set a date of hearing for Tuesday, September 1, 2020. Transfer of 2020 Retail Wine & Cider License & 2020-21 Retail Malt Beverage/SD Farm Wine License from Urban Chislic LLC, 441 West 85th Street, to Urban Chislic LLC, 431 West 85th Street. 16. Set a date of hearing for Tuesday, September 1, 2020. Request to add video lottery terminals with the 2020-21 Retail Malt Beverage/SD Farm Wine License for Urban Chislic LLC, 431 West 85th Street. 17. Set a date of hearing for Tuesday, September 1, 2020. Transfer of 2020 Retail Liquor License, including video lottery terminals, from MG Oil Company, Bubba J’s, 114 North Indiana Avenue, to MG Oil Company, The 18th Amendment 2, 1301 West 41st Street,  Suite 100, with Conditional Use Permit (12449-2020) being approved on August 5, 2020. 18. Set a date of hearing for Tuesday, September 1, 2020. New 2020 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Bubba J’s, 114 North Indiana Avenue. 19. Set a date of hearing for Tuesday, September 1, 2020. Request to add video lottery terminals with the 2020-21 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Bubba J’s, 114 North Indiana Avenue. 20. Set a date of hearing for Tuesday, September 1, 2020. Special One-Day Wine License for Wine Time on Main to be operated at Washington Square 8th Floor Common Area, 350 South Main Avenue, for a special event on September 3, 2020. 21. Set a date of hearing for Tuesday, September 1, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Washington Pavilion Management Inc., to be operated at LG Everist, 350 South Main Avenue, Suite 400, for a special event on September 9, 2020. 22. Set a date of hearing for Tuesday, September 8, 2020. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2021, AND THE 2021-2025 CAPITAL PROGRAM. REGULAR AGENDA 23. 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. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 24. PUBLIC INPUT Bob Kolbe spoke about compromise in the public arena. Catherine Riffle spoke about her concern for unaccounted funds for the homeless. Nancy Tapken spoke about her support for the Municipal Band. David Zokaites spoke about wealth concentration. Dennis Haugen spoke about the importance of competence in public officials. UNFINISHED BUSINESS 25. New 2020 Retail Wine & Cider License for Envy Nails and Spa LLC, 611 South Highline Place (CUP not required). Pending final inspections per Building Services. 26. New 2020-21 Retail Malt Beverage/SD Farm Wine license for MG Oil Company, 777 Casino Too, 5239 West 26th Street (CUP not required). Pending final inspections per Building Services. 27. 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. Pending final inspections per Building Services. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License for CPAG LLC, The Rush, 2701 West 41st Street, Suite B. 29. 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). 30. 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. A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve Items 25 through 30. Roll call vote to approve. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER ELECTRICITY, BY ADOPTING THE 2020 NATIONAL ELECTRICAL CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, September 1, 2020. A motion was made by Council Member Soehl and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, September 1, 2020 for Item 31. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 7525 S. GRAND ARBOR PL. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 12556-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).  Recommendation: Set a date of 2nd Reading for Tuesday, September 1, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, September 1, 2020 for Item 32. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED SOUTH OF W. FRANK BOYCE DR., NORTH OF W. MADISON ST., AND WEST OF N. TERRY AVE FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 12480-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 1, 2020. A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, September 1, 2020 for Item 33. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED WEST OF N. SIX MILE RD. AND NORTH OF E. 10TH ST. FROM THE AG AGRICULTURE AND RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 12438-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 1, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, September 1, 2020 for Item 34. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 4800 E. 41ST ST. FROM THE O OFFICE DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 12431-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0) with the following condition(s): 1. 6' screen fence along the east property line; 2. 18' setback from the building to the east property line. Recommendation: Set a date of 2nd Reading for Tuesday, September 1, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, September 1, 2020 for Item 35.  Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 36. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 94-20. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 94-20 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 Kim Koblank Board of Museum Trustees Reappointed for a term from August 2020 to August 2023. Nolan Hazard Board of Historic Appointed for a term from Preservation August 2020 to August 2023 (to replace Thomas Keller). Nicholas Kummer Board of Historic Appointed for a term from Preservation August 2020 to August 2023 (to replace Rob Collins). Bernie Schmidt Falls Community Health Reappointed for a term from Center Governing Board August 2020 to August 2023. Bailey Abbot Public Transit Advisory Appointed for a term from Board August 2020 to November 2022 (to fill the unexpired term of Jason Van Engen). Date adopted: 08/18/20 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk Agenda Item 9 was heard at this time. No action was taken. NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 37. MOTION TO REMAND THE AUGUST 11, 2020, SIOUX FALLS BOARD OF ETHICS' REPORT AND RECOMMENDATIONS TO CITY COUNCIL. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Item 37. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend the motion by adding the set of questions that Councilor Kiley prepared and the the questions Councilor Brekke prepared. Roll call vote to amend. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend the motion by adding a question which asks "what other City officers and/or elected officials attended the trip?" Roll call vote to amend. 2 Yes: Starr, Brekke; 5 No: Jensen, Kiley, Selberg, Soehl, Erickson. Motion Failed. Roll call vote to approve, as amended. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. The following questions are referenced in the main motion, as amended: August 18, 2020 John “Jack” Marsh Chair, Sioux Falls Board of Ethics 224 W. Ninth St. Sioux Falls, SD 57104 Re: Ethics Complaint 20-B Dear Mr. Marsh, Please distribute this document to all members of the Board of Ethics and respond to the questions listed below at your earliest convenience. Question 1  Please state whether the Board of Ethics intends that the City Council hold an evidentiary hearing against the accused pursuant to Ordinance 35.058(e).  Reasons for the question: o The Board appears to limit the scope of the proceedings to reviewing and clarifying policies concerning travel paid for by third parties. – p. 3, finding 3e and RECCOMENDATIONS o The Board provided its opinion that the underlying travel ordinance, City Ord. 35.053(e), is “overly broad.” – p. 3, finding 3e o The Board identified the travel undertaken by the accused as “common.” – p. 3, finding 3c and finding 3d o The Board stated three times that it recommends no sanctions against the accused. – p. 2, finding 3, p. 3 finding 3d, and p. 3, RECCOMENDATIONS o The Board stated that “It would be unfair to find against a single individual who was following an apparent common practice among City officers.” – p. 3, finding 3 d o The Board noted the accused’s contemporaneous report of travel to the City Council, and the City Council’s lack of action to disapprove, rebuke or otherwise sanction the travel. – p. 2, finding 3b o The Board did not name the accused, which may indicate an intention that the probable cause determination did not apply to the accused. – confidentiality is addressed on p. 1, first paragraph under FACTS. Also, the accused is never named in the document pertaining to Ethics Complaint 20-B Question 2  Is it the intent of the Board of Ethics that the City Council hearing be held only for the purposes of: o Clarifying, reviewing and adopting policies that inform officers and officials when and whether attendance is acceptable for seminars, conventions or other travel that is financed by a third party; and – p.2, finding 3, p. 3 finding 3e, and under RECOMMENDATIONS o That any such proposed travel shall be a matter of public record and be approved by vote of the City Council prior to attendance by the officer or official? § 35.010 POWERS AND DUTIES OF THE BOARD OF ETHICS (i) To recommend such legislative action as it may deem appropriate to effectuate the policy of §§ 35.025 through 35.036 and §§ 35.050 through 35.059; – p. 3 under RECOMMENDATIONS   Reasons for the question: o While the Board is within its rights to recommend legislative action as it may deem appropriate related to the subject matter of this case, we are concerned about it being done within a confidential, closed hearing process. o There is also concern that the accused (even though the accused did not waive confidentiality) would be forced to provide a defense when it appears to us that the Board’s conclusions pertain to the existing City Ordinance and current common practice. Respectfully submitted, Rick Kiley Marshall Selberg Christine Erickson Sioux Falls City Council Sioux Falls City Council At Large Southeast District Southwest District Sioux Falls City Council Curt Soehl Alex Jensen Janet Brekke Central District At Large At Large Sioux Falls City Council Sioux Falls City Council Sioux Falls City Council Pat Starr Northeast District Sioux Falls City Council Councilor Brekke 1) Is it the Ethics Board’s opinion that there was probable cause to believe that a violation of the conflicts of interest or standards of conduct ordinances may exist? § 35.058 Complaint Procedure 2) If yes, is the person named in the complaint the person that may have violated the ordinances? § 35.058(e) 3) If yes, then is the Ethics Board recommending to the Council a “no sanctions” penalty for the potential violation? § 35.999(b) Penalty 4) Is the Ethics board recommending a revision to City Ord 35.053(e)? See City of Sioux Falls Board of Ethics; Article IV, Additional Functions, Para 4.01. (5) Is the Ethics Board exercising its authority to issue a complaint or amend a complaint on its own motion? See Rules of Procedure – City of Sioux Falls Board of Ethics; Article III, Complaint Procedures, Para 3.01. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 8:50 p.m. Voice vote to adjourn. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk