City Council Meeting

MINUTES City Council Meeting Tuesday, November 10, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Alex Jensen, Council Member Rick Kiley (Via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (Via telecom), Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Mayor Paul TenHaken 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 Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 3, 2020  Regular City Council Meeting of Tuesday, November 3, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 6, 2020. 7. Report of Requests for Quotes for Fuel dated: October 28, 2020; Unleaded (3,000 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 Unleaded $1.4462. 8. Report of Requests for Quotes for Fuel dated: October 28, 2020; Dyed Diesel #1 (2,500 Gallons) and Dyed Diesel #2 (2,500 Gallons); Coles Petroleum (Dyed Diesel #1 $1.446, Dyed Diesel #2 $1.234); Vollan Oil (Dyed Diesel #1 $1.4356, Dyed Diesel #2 $1.226); Harms Oil (Dyed Diesel #1 $1.448, Dyed Diesel #2 $1.2489); Olson Oil and CHS Inc., both no bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: November 2, 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 $1.3646. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Brekke and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Brekke and seconded by Council Member Soehl to amend by placing Item 18 immediately before Item 16. Roll call vote to amend. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 11. PUBLIC INPUT Bruce Danielson spoke about open meeting violations, Tuthill House and Parks and Recreation Director Don Kearney. Rick Althoff spoke about the 26th Street and I-229 Interchange project and penalty clause. Dennis Haugen spoke about selling Sioux Falls to the rest of the world based on traffic. Tim Stanga spoke about moving the cameras to show the Council and how they react to the public. Sierra Broussard spoke about the Police department and their needs; and requested to have the Lucky Lady pulled from the Constent Agenda at the December 1st City Council meeting. David Zokaites spoke about Council Meeting Invocations.  Ryan Tisdale spoke about leadership and praised the Mayor and Council for their work. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 12. 2nd Reading: AN EMERGENCY ORDINANCE OF THE CITY OF SIOUX FALLS, SD, TO REQUIRE FACE COVERING IN AN INDOOR PUBLIC PLACE WHERE 6-FOOT SOCIAL DISTANCING CANNOT BE ACHIEVED. Sponsors: Council Members Soehl and Kiley A motion was made by Council Member Soehl and seconded by Council Member Kiley to approve Item 12. A motion was made by Council Member Brekke and seconded by Council Member Soehl to amend by adding the following WHEREAS statements immediately after “WHEREAS, SDCL 9-29-1 and 9-32-1 confers upon municipalities the power to do what may be necessary or expedient for the promotion of health or the suppression of disease:” WHEREAS, Pursuant to the authority granted to the City of Sioux Falls, a municipality chartered under Article IX, Section 2 of the Constitution of the State of South Dakota with all the powers set forth therein do hereby invoke those powers as follows; and WHEREAS, the purpose of home-rule constitutional provisions is to eliminate to some extent the authority of the legislature over the municipality, and to bestow on the municipalities coming thereunder full power of local self-government as to all subjects which are strictly of municipal concern, and not in conflict with the constitution or general laws applicable thereto. Depending upon applicable constitutional provisions, a charter adopted thereunder may become the organic law of the municipality and supersedes all general state laws in conflict with it relating to purely municipal affairs; and WHEREAS, the city of Sioux Falls has adopted such a constitutional charter which is the organic law for the city of Sioux Falls and pursuant to Sioux Falls City Charter, Article I. Powers of City Section 1.01: The City shall have all of the power possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter; and WHEREAS, pursuant to section 9.04 of the Sioux Falls city charter and as provided by the state constitution, laws that are inconsistent or interfere with the effective operation of this charter are superseded. Roll call vote to amend. 7 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 1 No: Neitzert. Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Starr to amend Section I by replacing Public Place with "Retail Business", facility with "business", and striking city-owned facility. Section II add "an" before indoor, in the first sentence, and replace public places with "retail business and city-owned facility"; in the  third sentence strike an individual; add "An individual in Sub Section (a); and add the following Sub Sections (e) Individuals who are engaged in swimming or a team sports activity where the level of exertion makes it difficult to wear a face covering. (f) Public safety workers actively engaged in a public safety role. including but not limited to law enforcement personnel, fire fighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual's public safety responsibilities. (g) Any member of a group of persons who are in a public place together and live in the same household or are a party of ten or less, so long as the group maintains a continuous physical distance of at least six feet from all other persons not part of the household or party. And in Section III replace for the period of the declared emergency as set forth in Executive Order No. 218 with "until January 1, 2021". Roll call vote to amend. 6 Yes: Jensen, Kiley, Selberg, Soehl, Starr, Brekke; 2 No: Neitzert, Erickson. Motion Passed. Roll call vote to approve, as amended. 4 Yes: Kiley, Soehl, Starr, Brekke; 4 No: Jensen, Neitzert, Selberg, Erickson. Motion Failed. Mayor Paul TenHaken broke the tie by voting no. A motion was made by Council Member Starr and seconded by Council Member Brekke to defer Items 13 and 14 to the November 17, 2020 City Council Meeting. Roll call vote to defer. 3 Yes: Soehl, Starr, Brekke; 5 No: Jensen, Kiley, Neitzert, Selberg, Erickson. Motion Failed. 13. 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; SECTION 30.001 COUNCIL MEETINGS. Sponsors: Council Members Jensen and Erickson A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Ordinance No. 98-20. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke, Erickson; 1 No: Starr. Motion Passed. 14. 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, SUBCHAPTER: ORGANIZATION AND PROCEDURE, SECTION 30.013, ORDER OF BUSINESS AND SECTION 30.015 ADDRESSING THE CITY COUNCIL; TIME LIMIT. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Ordinance No. 99-20. A motion was made by Council Member Starr and seconded by Council Member Brekke to amend by striking the following words in 30.015 (b), "shall last no more than 30 minutes and".  Roll call vote to amend. 6 Yes: Kiley, Selberg, Soehl, Starr, Brekke, Erickson; 2 No: Jensen, Neitzert. Motion Passed. Roll call vote to adopt, as amended. 4 Yes: Jensen, Neitzert, Selberg, Erickson; 4 No: Kiley, Soehl, Starr, Brekke. Motion Passed. Mayor Paul TenHaken broke the tie by voting yes. ORDINANCE FIRST READINGS 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND, IN ONE OR MORE SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, 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 WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $18,500,000. Recommendation: Set a date of 2nd Reading for Tuesday, November 17, 2020. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, November 17, 2020 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Item 18 was heard at this time. See item for action taken. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A PROVISIONAL ONE-TIME SUPPLEMENTAL APPROPRIATION TO FUND A COVID- 19 PUBLIC HEALTH EDUCATION CAMPAIGN. (Health, $100,000) Recommendation: Set a date of 2nd Reading for Tuesday, November 17, 2020. Sponsors: Council Members Brekke and Soehl A motion was made by Council Member Brekke and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday,January 5, 2021 for Item 16. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 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) 17. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED October 30, 2020. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 18. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATION TO FUND A COVID-19 PUBLIC HEALTH EDUCATION CAMPAIGN IN 2020. (Health, $20,000) A motion was made by Council Member Brekke and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, November 17, 2020 for Item 18. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Selberg to adjourn at 11:50 p.m. Voice vote to adjourn. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk