City Council Meeting

MINUTES City Council Meeting Tuesday, October 13, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Mayor Paul TenHaken recognized Cub Scout Pack 162, who were in the audience. 1. MEETING ROLL CALL Present: Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (arr. 7:05 p.m.), Council Member Alex Jensen (via telecom), Council Member Rick Kiley (via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 2. INVOCATION  Tom Rooney, Direct Prayer Line Partner 3. PLEDGE OF ALLEGIANCE A recess was taken to join Council Members Alex Jensen and Rick Kiley via telecom. CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place Sub-Item 2 from Agenda Item 6 on the Regular Agenda for Council discussion (Urban Management; Software Platform, Mass Transit On-Demand Pilot Project; 3-month Pilot Project to test on- demand mass transit service; 19-0158; Pantonium, Inc.; $36,600.00). See Agenda Item 6 for action taken. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES   Informational Meeting of Tuesday, October 6, 2020  Regular City Council Meeting of Tuesday, October 6, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 9, 2020. A motion was made by Council Member Starr and seconded by Council Member Neitzert to approve Sub-Item 2 from Agenda Item 6. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 7. Report of Requests for Quotes for Fuel dated: September 30, 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. 8. Report of Requests for Quotes for Fuel dated: October 5, 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 $1.4905. 9. Approval of a request from the Great Plains Zoo & Delbridge Museum to consume, but not sell, wine and beer at 805 S. Kiwanis Ave., on October 15, 2020, for the following purpose: employee event. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Erickson to amend by moving Item 18 to immediately follow Item 13. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 11. PUBLIC INPUT Heather Pastor apologized for her language last week and spoke about her discrimination fight and financial suggestions.  James Reed provided an update on his life and opposing panhandling. Steven Siano spoke about the Council's role to work for the public, transparency and COVID. David Zokaites spoke about the Supreme Court and some of their rulings. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 12. 2nd 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 78-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 87-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Item 18 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO SIGN THE UNDERGROUND ELECTRIC EASEMENT AND AGREEMENT AND TO GRANT AN EASEMENT TO NORTHERN STATES POWER COMPANY WITHIN MCKENNAN PARK. Recommendation: Set a date of 2nd Reading for Monday, October 19, 2020. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Erickson to set a date of hearing for Monday, October 19, 2020 for Item 14. Roll call vote to set a date of hearing. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS OF THE DEBT SERVICE RESERVE FOR 2009A AND 2009B FINAL DEBT PAYMENT. Recommendation: Set a date of 2nd Reading for Monday, October 19, 2020. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of hearing for Monday, October 19, 2020 for Item 15. Roll call vote to set a date of hearing. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 16. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 1 OF WASHINGTON SQUARE ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, FORMERLY KNOWN AS LOT 2, BLOCK 18, J.L. PHILLIPS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution 116-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 116-20 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 1 OF WASHINGTON SQUARE ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, FORMERLY KNOWN AS LOT 2, BLOCK 18, J.L. PHILLIPS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a permanent easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent easement was established by easement document and recorded and filed in Book 169 of Misc. on pages 962-963 in the office of the Register of Deeds for Minnehaha County, SD, on October 27, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 1 of Washington Square Addition to the City of Sioux Falls, Minnehaha County, formerly known as Lot 2, Block  18, J.L. Phillips Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 10/13/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 1 OF WASHINGTON SQUARE ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, FORMERLY KNOWN AS LOT 1, BLOCK 18, J.L. PHILLIPS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Resolution No. 117-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 117-20 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN LOT 1 OF WASHINGTON SQUARE ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, FORMERLY KNOWN AS LOT 1, BLOCK 18, J.L. PHILLIPS ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a permanent easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the permanent easement was established by easement document and recorded and filed in Book 126 of Misc. on page 953-954 in the office of the Register of Deeds for Minnehaha County, SD on June 30, 1977; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 1 of Washington Square Addition to the City of Sioux Falls, Minnehaha County, formerly known as Lot 1, Block 18, J.L. Phillips Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 10/13/20 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION AMENDING THE 2020-2024 CAPITAL PROGRAM. (Public Works- Water Reclamation, $560,000; Police, $113,500; Health, $79,500; Parks and Recreation, $1,200,000; and Highway and Streets, $4,165,000) Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Resolution No. 118-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 118-20 A RESOLUTION AMENDING THE 2020-2024 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2020–2024 Capital Program shall be amended as follows: Public Works—Water Reclamation Amend the Other Capital Improvements Program by adding a vactor truck and safety equipment in 2020. The estimated cost is $560,000 and will not require an increase in appropriations as it will be funded by water reclamation user fees. Police Amend the Other Capital Improvements Program by adding two trailer-mounted electronic message boards in 2020. The estimated cost is $40,000 and will require an increase in appropriations that will be funded by a CES grant. Amend the Other Capital Improvements Program by adding a barricade system in 2020. The estimated cost is $8,000 and will require an increase in appropriations that will be funded by a CES grant. Amend the Other Capital Improvements Program by adding a drone tether system in 2020. The estimated cost is $8,000 and will require an increase in appropriations that will be funded by a CES grant. Amend the Other Capital Improvements Program by adding a portable lighting system in 2020. The estimated cost is $15,000 and will require an increase in appropriations that will be funded by a CES grant. Amend the Other Capital Improvements Program by adding a tactical robot in 2020. The estimated cost is $32,000 and will require an increase in appropriations that will be funded by a JAG grant. Amend the Other Capital Improvements Program by adding a night vision device in 2020. The estimated cost is $10,500 and will require an increase in appropriations that will be funded by a JAG grant. Health Amend the Other Capital Improvements Program by adding a mobile medical van in 2020. The estimated cost is $48,000 and will require an increase in appropriations that will be funded by a COVID grant. Amend the Other Capital Improvements Program by adding a transport vehicle in 2020. The estimated cost is $31,500 and will require an increase in appropriations that will be funded by a COVID grant. Parks and Recreation Amend Capital Improvements Program Project No. 14008, Park Land Acquisition, by increasing the amount of funding by $1,200,000 for acquisition of homes in flood-prone areas in proximity to Tomar Park in 2020. The additional funding will require an increase in appropriations that will be funded by FEMA grant funds. Highways and Streets Amend the Other Capital Improvements Program by adding an automatic brine system in 2020. The estimated cost is $130,000 and will be funded by a transfer of Sales/Use Tax funds from Capital Improvements Program Project No. 11001, Concrete Pavement Restoration. Amend Capital Improvements Program Project No. 11080, Marion Road from I-90 to the north, by increasing the amount of funding by $1,035,000 for construction of infrastructure in 2020. The additional funding will require an increase in appropriations that will be funded by reimbursement from the South Dakota Department of Transportation. Amend Capital Improvements Program Project No. 11076, 41st St. Improvements, by increasing the amount of funding by $3,000,000 for right-of-way in 2020. The additional funding will require an increase in appropriations that will be funded by reimbursement from the South Dakota Department of Transportation. Date adopted: 10/13/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF SOUTH DAKOTA TO FACILITATE THE COMPLETION OF SOUTH VETERANS PARKWAY. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Erickson to adopt Resolution No. 119-20. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 119-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF SOUTH DAKOTA TO FACILITATE THE COMPLETION OF SOUTH VETERANS PARKWAY. WHEREAS, the City of Sioux Falls (the “City”) and the State of South Dakota (the “State”) recognized many years ago the necessity for an additional transportation corridor within the city to accommodate and to facilitate the growth and expansion of the city; and WHEREAS, the City and the State have worked to complete the northern portion of Veterans Parkway and the work is nearly complete on that portion of Veterans Parkway; and WHEREAS, the City and the State recognize the mutual benefits to result from the completion of the southern portion of Veterans Parkway (“South Veterans Parkway”) to the city, to the state, and to the public at-large; and WHEREAS, it appears appropriate that the City and the State enter into a joint powers agreement setting forth the responsibilities of each entity as they relate to the construction of South Veterans Parkway and corresponding transfer of certain right-of- way and state highway segments, jurisdiction, and maintenance responsibilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Joint Powers Agreement for Transfer of Right-of-Way, Jurisdiction, Operation, Replacement, Repair, and Maintenance Responsibilities From the State of South Dakota to the City of Sioux Falls, South Dakota” is hereby approved. That the Mayor is authorized to sign such Agreement before or after it is ratified and executed by the State. Date adopted: 10/13/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Resolution No. 120-20. A motion was made by Council Member Brekke and seconded by Council Member Starr to amend by separating the REMSA Board appointment of David Pfeifle for a separate vote. Roll call vote to amend. 2 Yes: Starr, Brekke; 6 No: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl. Motion Failed. Roll call vote to adopt. 6 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 1 No: Starr. Motion Passed. Brekke was not present for the vote on this motion. RESOLUTION NO. 120-20 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 Sarah Aldinger Building Board of Appeals Reappointed for a term from October 2020 to October 2023. Craig Holmen Building Board of Appeals Appointed for a term from October 2020 to October 2023 (to replace Terry Kelley). Katie Kranz Building Board of Appeals Reappointed for a term from October 2020 to October 2023. Ryan Chase Commission on Human Relations Appointed for a term from October 2020 to May 2023 (to fill the unexpired term of Sarah Bouwman). Nassir Yemam Commission on Human Relations Appointed for a term from October 2020 to May 2023 (to fill the unexpired term of Kayla Heber). Brenda Parker Falls Community Health Center Reappointed for a term from Governing Board October 2020 to October 2023.  David Pfeifle Sioux Falls Regional Emergency Appointed for a term from Medical Services Authority (REMSA) October 2020 to October 2025 (to replace Ross Wheeler). Date adopted: 10/13/20 . 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) 21. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED September 30, 2020. NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adjourn at 8:11 p.m. Voice vote to adjourn. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk