City Council Meeting

MINUTES Regular City Council Meeting Tuesday, October 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 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: Council Member Curt Soehl 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Special City Council Meeting of Thursday, September 10, 2020  Informational Meeting of Tuesday, September 15, 2020  City Council Meeting of Tuesday, September 15, 2020  Informational Meeting of Tuesday, September 22, 2020  Special City Council Meeting of Tuesday, September 28, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 2, 2020. 7. Notice of change orders on the memorandum dated October 2, 2020. 8. Approval of a request from Lisa Jones and John Boylan to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 West 6th Street, on November 21, 2020, for the following purpose: wedding ceremony and reception. 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 ($1.2320); 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, both no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: September 16, 2020; 8,500 Gallons of Unleaded Ethanol; Midway Service: ($1.4982); Harms Oil ($1.5926); Cole’s Petroleum ($1.4926); Howes Oil, CHS, Inc., Stern Oil, Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Coles Petroleum. 11. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: September 23, 2020; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil (#2 Clear Diesel ($1.49)); Harms Oil (#2 Clear Diesel (NO BID)); CHS, Inc. (#2 Clear Diesel ($1.53)); Petroleum Traders #2 (Clear Diesel (NO BID)); Howes Oil., and Midwest Oil, both no bids. Bid awarded to: Parkland USA/SPF Energy Inc. /Farstad Oil. 12. Report of Requests for Quotes for Fuel dated: September 23, 2020; Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.5115. 13. Report of Requests for Quotes for Fuel dated: September 24,2020; Dyed Diesel (7,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.2578. 14. Report of Requests for Quotes for Fuel dated: September 28, 2020; Unleaded (8,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport/Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.5654. APPLICATIONS 15. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for a reception on October 10, 2020. 16. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at Washington Pavilion, 301 South Main Avenue, for receptions on October 15 and 23, 2020. NOTICE OF HEARINGS 17. Set a date of hearing for Monday, October 19, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License for Mi Pueblo Mexican Market, 2310 West 41st Street, Suite 106 (CUP not required). 18. Set a date of hearing for Monday, October 19, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Tarquin Argentinian Restaurant, 1301 East Benson Road (CUP not required). 19. Set a date of hearing for Monday, October 19, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for 5 Oaks, 480 East 69th Street (CUP not required). 20. Set a date of hearing for Monday, October 19, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider and Renewal of 2021 Retail Wine & Cider License for Japanese Sushi Hibachi Hawaiian Fusion, 323 South Phillips Avenue, Suite B (CUP not required). 21. Set a date of hearing for Monday, October 19, 2020. Transfer of 2020 Package Liquor License from WK Suppliers, Wolfie’s Liquor Spot, 6811 South Louise Avenue, to ODJ Enterprises LLC, Wolfie’s Liquor, 6811 South Louise Avenue. 22. Set a date of hearing for Monday, October 19, 2020. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for an axe throwing event on October 22, 2020. 23. Set a date of hearing for Monday, October 19, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Huether Family Match Pointe, 4210 North Bobhalla Drive, for a fundraiser on October 23, 2020. 24. Set a date of hearing for Monday, October 19, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for El Riad Shiners to be operated at the History Club, 758 South Phillips Avenue, for a ladies luncheon on November 7, 2020. REGULAR AGENDA 25. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Brekke to approve Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 26. PUBLIC INPUT Brett Kruse spoke about the COVID virus and the use of masks. John Cunningham spoke about his recent experiences with the Ethics Board. Scott Ehrisman spoke about the need for more signage on the bike trails. David Zokaites spoke about ethical practices. George Hahn spoke about traffic issues and road rage. Sierra Broussard spoke about police issues and her work with the Neighborhood Association. UNFINISHED BUSINESS 27. Deferred from the meeting of Tuesday, September 15, 2020; New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine License for West Mall Theatres Inc., West Mall 7 Theatres, 2101 West 41st Street, Suite 33. 28. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2020 Retail Wine & Cider License for Qu Teng, Pad Thai, 2700 West 41st Street, Suite 101, with Conditional Use Permit (012669-2020) being approved on September 2, 2020. Pending final inspections per Health and Building Services. 29. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from Robert Miller, Lucky Lady Casino, 601 West 11th Street, to MG Oil Company, Lucky Lady Casino, 601 West 11th Street. 30. Transfer of 2020 Retail Liquor License, including video lottery terminals, from Commonwealth Gaming & Holdings, Deuces Casino IIA, 1912 West 41st Street, Suite A, to Commonwealth Gaming & Holdings Deuces Casino 10.5, 453 West 69th Street, Suite 1. 31. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings, Deuces Casino IIA, 1912 West 41st Street, Suite A. 32. Request to add video lottery terminals with the new 2020-21 Retail Malt Beverage/SD Farm Wine License for Commonwealth Gaming & Holdings, Deuces Casino IIA, 1912 West 41st Street, Suite A. 33. Transfer of 2020 Retail Liquor License, including video lottery terminals, from American Legion, Sioux Falls Post 15, 1701 West Legion Drive, to Crystal Investments Inc., Black Diamond Casino, 5113 West 41st Street. 34. Rescind 2020 Retail Wine License and 2020-21 Retail Malt Beverage License for Crystal Investments Inc., Black Diamond Casino, 5113 West 41st Street. 35. Special One-Day Liquor Licenses for TSlat Inc, JJ’s Wine, Spirits & Cigars to be operated at the Sanford Event Barn, 2510 East 54th Street North, for weddings on October 10 and 17, 2020. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to approve Items 27 through 35. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR DEBT REPAYMENT. A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Ordinance No. 79-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF 1510 W. 51ST ST. FROM THE UNZONED DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 12686-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve Ordinance No. 80-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 7301 S. CLIFF AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICTS, NO. 12685-2020, 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. The RD-2 zone only allowed AD1 or AD2 forms; 2. In the RD-2 zone a Min. 5’ berm along West property line abutting Tract 1 of South Cliff Grassland Addition; 3. In the RD-2 zone coniferous and deciduous trees required at a rate of at least 22.59 landscaping units per 100’ of fraction thereof along West property line abutting Tract 1 of South Cliff Grassland Addition. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve Ordinance No. 81-20.  Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 4501 W. 85TH ST. FROM THE C-3 COMMERCIAL—COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, O OFFICE, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, AND RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE C-3 COMMERCIAL—COMMUNITY, C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND CN CONSERVATION DISTRICTS, NO. 12684- 2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Neitzert and seconded by Council Member Erickson to approve Ordinance No. 82-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT THE NW CORNER OF W. 41ST ST. AND S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 12645-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve Ordinance No. 83-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3113 S. WESTERN AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 12605-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Ordinance No. 84-30. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL.  A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Ordinance No. 85-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036 APPLICATION TO APPOINTIVE OFFICERS. A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve Ordinance No. 86-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Erickson to amend by adding the following to the first sentence in subsection (b) "Except for the Police and Fire Chief," and by adding subsection (c) which reads: (c) The Police and Fire Chief, irrespective of appointment date, who at the time of his or her appointment thereto, was in the civil service of the city shall, upon his or her removal from appointive office, be returned to his or her former position and pay as an employee of the city, and the period of his or her tenure as an appointive officer shall be included in his or her civil service rights. This provision does not apply to a Police or Fire Chief who has been removed from appointive office for any reason that would warrant a demotion, suspension, or discharge of any employee who is subject to this chapter. Roll call vote to amend. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE CITY TO ENTER INTO A NOTE AND LOAN AGREEMENT MODIFICATION WITH THE SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY FOR THE PURPOSE OF REHABILITATING RENTAL HOUSING PROPERTIES. Recommendation: Set a date of 2nd Reading for Tuesday, October 13, 2020. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of hearing for Tuesday, October 13, 2020 for Item 44. Roll call vote to set a date of hearing. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS.  Recommendation: Set a date of 2nd Reading for Tuesday, October 13, 2020. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of hearing for Tuesday, October 13, 2020 for Item 45. Roll call vote to set a date of hearing. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 46. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AMENDMENT FOR THE LEASE AGREEMENT FOR 4000 WEST 57TH STREET. Sponsor: Mayor A motion was made by Council Member Erickson to approve Resolution No. 113-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 113-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AMENDMENT FOR THE LEASE AGREEMENT FOR 4000 WEST 57TH STREET. WHEREAS, the City of Sioux Falls (“City”) and Dabbert Properties, LLC (“Dabbert”) previously entered into City Agreement No. 20-4101 (the “Agreement”), dated June 19, 2020, pursuant to which the City leases from Dabbert the real property commonly known as 4000 W. 57th St., Sioux Falls, SD 57106 (the “Property”), with an option to purchase the Property; and WHEREAS, pursuant to the Agreement, Dabbert is responsible for structural, roof, HVAC, and lot replacement; and WHEREAS, the building on the Property currently requires a new roof for which Dabbert has obtained estimates; and WHEREAS, the City desires to have the roof of the building replaced with an improved, more durable type of roof, specifically known as a standing seam hidden fastener metal roof, which will cost approximately $27,000 more than other replacement options available to Dabbert; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this resolution entitled “AMENDMENT NO. 1 TO LEASE AGREEMENT FOR 4000 WEST 57TH STREET” is hereby approved. Section 2. The Mayor is authorized to sign such Amendment after it is ratified and executed by Dabbert Properties, LLC. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 10/06/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AMENDMENT FOR THE MANAGEMENT AND OPERATION OF SIOUX FALLS TRANSIT. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Neitzert to approve Resolution No. 114-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 114-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AMENDMENT FOR THE MANAGEMENT AND OPERATION OF SIOUX FALLS TRANSIT. WHEREAS, the City of Sioux Falls and First Transit, Inc. (“First Transit”) previously entered into City Agreement No. 16-0083 (the “Agreement”), dated January 1, 2017, pursuant to which First Transit is the sole and exclusive manager of the City’s transit system; and WHEREAS, pursuant to the Agreement, First Transit is required to secure and keep in full force and effect certain insurance coverage relating to the transit system; and WHEREAS, pursuant to the Agreement, First Transit has waived on behalf of itself and its insurer(s) any and all rights of subrogation against the City, its officers, elected officials, directors, agents, and employees; and WHEREAS, First Transit has issued two Requests for Proposals seeking insurance coverage required by the Agreement from which it received no responsive proposals to the first request, and two responses to the second request both indicating that insurance could be provided only if the waiver of subrogation was removed from the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this resolution entitled “AMENDMENT NO. 1 TO CONTRACT FOR THE MANAGEMENT AND OPERATION OF SIOUX FALLS TRANSIT” is hereby approved. Section 2. The Mayor is authorized to sign such after it is ratified and executed by First Transit, Inc. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 10/06/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION ADOPTING THE 2020 CITY COUNCIL POLICIES AND PROCEDURES AS AMENDED. Sponsors: Council Members Christine M. Erickson and Greg Neitzert A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Resolution No. 115-20. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 115-20 A RESOLUTION ADOPTING THE 2020 CITY COUNCIL POLICIES AND PROCEDURES AS AMENDED. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and made part of this resolution entitled “2020 City Council Policies and Procedures” is hereby adopted as amended. Date adopted: 10/06/20 . 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) 49. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED August 31, 2020. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Neitzert and seconded by Council Member Selberg to adjourn the meeting at 8:25 p.m. Roll call vote to adjourn. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk