City Council Meeting

MINUTES City Council Meeting Tuesday, November 17, 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 Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl (Via telecom), Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (Via telecom), Council Member Alex Jensen, Mayor Paul TenHaken Absent: None 2. INVOCATION  Gerry Wingler, Direct Line Prayer Center 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Item PAVE, LLC., from Exhibit B to Agenda Item 11 on the Regular Agenda for Council Discussion (2021 PAVE Liquor License Renewal). See Agenda Item 11 for action taken. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 10, 2020  City Council Meeting of Tuesday, November 10, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 13, 2020. 7. Approval of surplus property disposition on the memorandum dated October 31, 2020. 8. Report of Requests for Quotes for Fuel dated: November 5, 2020; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17432, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $1.4688 and Dyed Diesel #2 $1.275. 9. Report of Requests for Quotes for Fuel dated: November 9, 2020; Unleaded (3,000 Gallons), Dyed Diesel # 1 (2,500 Gallons) and Dyed Diesel #2 (2,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded $1.3998 Dyed Diesel #1 $1.515 and Dyed Diesel #2 $1.3351. 10. Report of Requests for Quotes for Fuel dated: November 9, 2020; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17423, the awarded contractor is Harms Oil, price paid is Dyed Diesel #1 $1.4561 and Dyed Diesel #2 $1.2762. APPLICATIONS 11. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2021 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. A motion was made by Council Member Starr and seconded by Council Member Kiley to defer the PAVE, LLC., 2021 Liquor License renewal found on Exhibit B to Agenda Item 11 to the meeting of Tuesday, December 1, 2020. Roll call vote to defer. 5 Yes: Kiley, Selberg, Soehl, Starr, Brekke; 3 No: Neitzert, Erickson, Jensen. Motion Passed. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, December 1, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License and New 2021 Retail Wine & Cider License for Vinyl Taco, 3609 South Western Avenue. 13. Set a date of hearing for Tuesday, December 1, 2020. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License, including video lottery terminals, from MG Oil Company, Bubba J’s, 114 North Indiana Avenue, to MG Oil Company, Lucky Lady Casino 2, 605 West 11th Street, with Conditional Use Permit being approved on November 4, 2020. 14. Set a date of hearing for Tuesday, December 1, 2020. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a holiday social on December 12, 2020. REGULAR AGENDA 15. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Brekke to approve the Regular Agenda. A motion was made by Council Member Kiley and seconded by Council Member Selberg to amend the regular agenda by moving Item 38 to immediately follow Agenda Item 20. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 16. PUBLIC INPUT Steven Siano spoke about the medical community being given too much respect and trust. Tim Stanga spoke about attendance at City Council Meetings. The PAVE, LLC., 2021 Liquor License renewal found on Exhibit B to Agenda Item 11 was heard at this time. See Agenda Item 11 for action taken. UNFINISHED BUSINESS 17. New 2020-21 Retail Malt Beverage/SD Farm Wine License and 2021 Retail Wine & Cider License for Chipotle Mexican Grill, 4035 West 41st Street (CUP not required). Pending final inspections per Fire, Health and Building Services. 18. Transfer of 2020 Retail Wine & Cider License from Lyutsiya Anderson, Day of Indulgence, 5400 West 26th Street, to Day of Indulgence LLC, Day of Indulgence, 5400 West 26th Street. 19. Renewal of 2021 Retail Wine & Cider License for Day of Indulgence, 5400 West 26th Street. 20. Special One-Day Liquor License for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for an axe throwing tournament on November 19, 2020. A motion was made by Council Member Neitzert and seconded by Council Member Jensen to approve Agenda Items 17 through 20. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed.  Agenda Item 38 was heard at this time. See Agenda Item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 21. 2nd 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. Sponsor: Mayor A motion was made by Council Member Brekke and seconded by Council Member Neitzert to adopt Ordinance No. 100-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 22. 2nd Reading: 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) Sponsors: Council Members Brekke and Soehl A motion was made by Council Member Brekke and seconded by Council Member Soehl to adopt Ordinance No. 101-20. Roll call vote to adopt. 5 Yes: Kiley, Soehl, Starr, Brekke, Jensen; 3 No: Neitzert, Selberg, Erickson. Motion Passed. ORDINANCE FIRST READINGS 23. 1st 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 39.183 MAXIMUM BALANCE AND PAYMENT. Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 23.  Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3635 W. PLATINUM POINT PL. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13119-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): Lloyd Companies (Drew O'Brien) A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 24. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 705 S. BLAUVELT AVE. FROM THE I-1 LIGHT INDUSTRIAL AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 13153-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): Lifescape (Richard Disanto) A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 25. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NW CORNER OF N. ELLIS RD. AND W. DOCKSIDE DR. FROM THE PEDESTRIAN-ORIENTED PUD (PO-PUD) DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 13155-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): Jans Corporation (Dale Jans) A motion was made by Council Member Neitzert and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 26. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1312 N. ARCHER DR. FROM THE RS SINGLE-FAMILY  RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13179-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): G & D Harr Construction, LLC (Gary Harr) A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 27. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 812 S. GRANGE AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13187-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): Bluegill Properties, LLC (Blaine Fopma) A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 28. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4201 N. MARION RD. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL–SUBURBAN DISTRICT, NO. 13189-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): Hazeltine Partners, LLC (Steve Vanbuskirk) A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 29. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND N. WILLOW CREEK AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD- 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13190-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020.  Private Applicant(s): Six Mile Partners (Steve Vanbuskirk) A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 30. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 100 E. 85TH ST. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 13194-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Private Applicant(s): MK Investments, LLC (Erica Mullaly) A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 31. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE 89-20 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 Tuesday, December 1, 2020. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 33. 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 COMMNET CELLULAR INC. D/B/A VERIZON WIRELESS WITHIN McKENNAN PARK. Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 34. 1st Reading: AN EMERGENCY ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ADOPTING BUSINESS REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Sponsors: Council Members Brekke and Starr A motion was made by Council Member Brekke and seconded by Council Member Starr to set a date of 2nd Reading for Tuesday, December 1, 2020 for Item 34. Roll call vote to set a date of 2nd Reading. 4 Yes: Kiley, Soehl, Starr, Brekke; 4 No: Neitzert, Selberg, Erickson, Jensen. Motion Failed. Mayor Paul TenHaken broke the tie by voting No. 35. 1st 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. Recommendation: Set a date of 2nd Reading for Tuesday, December 1, 2020. Sponsors: Council Members Brekke and Starr A motion was made by Council Member Brekke and seconded by Council Member Starr to withdraw Agenda Item 35. Roll call vote to withdraw. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 36. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, OUTLINING THE EXPECTATIONS FOR THE PEOPLE OF SIOUX FALLS TO TAKE ACTION TO SLOW THE SPREAD OF THE VIRUS THAT CAUSES COVID-19. (ONE SIOUX FALLS COVID-19 ACTION PLAN.) Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 132-20. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend the first sentences of Sections 1 and 2 by replacing, “Shall” with “should”. Roll call vote to amend. 2 Yes: Neitzert, Erickson; 6 No: Kiley, Selberg, Soehl, Starr, Brekke, Jensen. Motion Failed. Roll call vote to adopt. 6 Yes: Kiley, Selberg, Soehl, Starr, Brekke, Jensen; 2 No: Neitzert, Erickson. Motion Passed. RESOLUTION NO. 132-20 ONE SIOUX FALLS COVID-19 ACTION PLAN A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, OUTLINING THE EXPECTATIONS FOR THE PEOPLE OF SIOUX FALLS TO TAKE ACTION TO SLOW THE SPREAD OF THE VIRUS THAT CAUSES COVID-19. WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic, and the U.S. Centers for Disease Control and Prevention (“CDC”) has declared a public health emergency; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on July 7, 2020, the Governor issued Executive Order 2020-30 declaring that a State of Emergency continues to exist in all counties in the State of South Dakota, which Executive Order remains in effect until December 30, 2020, unless sooner terminated or extended; and WHEREAS, as of November 12, 2020, within Minnehaha County there are 4,607 confirmed active cases of COVID-19; and WHEREAS, as of November 12, 2020, within Lincoln County there are 1,384 confirmed active cases of COVID-19; and WHEREAS, as of November 12, 2020, within the State of South Dakota there are 18,722 confirmed active cases of COVID-19; and WHEREAS, the CDC recommends certain actions for the mitigation of transmission of COVID-19, including, but not limited to, social distancing measures, wearing a mask in certain settings, and utilizing proper cleaning measures; and WHEREAS, SDCL § 9-29-1 and SDCL § 9-32-1 confer upon municipalities the power to do what may be necessary or expedient for the promotion of health and safety of the community, or for the suppression of disease; and WHEREAS, we are entering the holiday season and must avoid activities that are higher risk for transmission of the virus that causes COVID-19; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City of Sioux Falls exhorts the people of Sioux Falls to take action to slow the spread of the virus that causes COVID-19. Section 1: Masks shall be worn in all settings where at least six feet of physical distancing cannot be maintained from people who are not a member of one’s household. The following individuals are excluded from such requirement:  Children under the age of five;  Individuals who have medical conditions or disabilities preventing them from safely wearing a mask;   Individuals who are actively participating in an athletic or sporting event; or  Individuals who are actively consuming food or drink. Section 2: Individuals shall wash their hands regularly, cover their coughs, disinfect high-touch surfaces frequently, maintain physical distance from others who are not a member of their household, and stay at home if they are ill other than to obtain proper medical care. Section 3: Individuals should monitor their physical and emotional health daily, and safely seek the help and support they may require to get and stay healthy. Individuals are encouraged to be a good neighbor by checking in on others in their neighborhood and community. Section 4: Businesses should consider moving to remote work environments if possible. Section 5: Individuals are encouraged to patronize businesses and organizations that have joined the “Safer Sioux Falls” pledge with the Greater Sioux Falls Chamber of Commerce. Section 6. This resolution is hereby declared necessary for the immediate preservation of the public health, safety, and welfare of the city and shall become effective immediately upon its passage and publication pursuant to SDCL § 9-19-13. This resolution shall expire on the 31st day after its effective date, unless extended, amended, or earlier terminated by subsequent resolution. Date adopted: 11/17/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 37. A RESOLUTION AMENDING THE 2020–2024 CAPITAL PROGRAM TO ADD A STORAGE FREEZER IN 2020 FOR THE HEALTH DEPARTMENT. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 131-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 131-20 A RESOLUTION AMENDING THE 2020–2024 CAPITAL PROGRAM TO ADD A STORAGE FREEZER IN 2020 FOR THE HEALTH DEPARTMENT. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2020–2024 Capital Program shall be amended as follows:  Health Amend the Other Capital Expenditures Program by adding a storage freezer in 2020. The estimated cost is $7,800 and will not require an increase in appropriations as it will be funded by savings from other health equipment purchased in 2020. This Resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: 11/17/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS 38. MOTION TO RECONSIDER 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. (The ordinance was considered at the meeting of November 10, 2020.) Sponsors: Council Members Soehl and Kiley A motion was made by Council Member Selberg and seconded by Council Member Jensen to reconsider 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. Roll call vote to reconsider. 6 Yes: Kiley, Selberg, Soehl, Starr, Brekke, Jensen; 2 No: Neitzert, Erickson. Motion Passed. After approximately one hour of public testimony, a motion to extend public testimony was made by Council Member Pat Starr and seconded by Council Member Greg Neitzert. All members voted yes and public testimony continued. A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 102-20. A motion was made by Council Member Kiley and seconded by Council Member Soehl to amend Section 1, by replacing “public place” with “retail business;” “facility” with “business;” and striking “city owned facility.” In Section 2, 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” and add “an individual” in subsection (a), and add the following subsections: (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. In Section 3, 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. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. A motion was made by Council Member Brekke and seconded by Council Member Kiley 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: Kiley, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 1 No: Neitzert. Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Soehl to amend by adding a new section titled, “NO PENALTY,” with the following, “There shall be no penalty for any person found in violation of this ordinance”. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Kiley, Selberg, Soehl, Starr, Brekke, Jensen; 2 No: Neitzert, Erickson. Motion Passed. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Brekke to adjourn at 12:07 a.m. on Wednesday, November 18, 2020. Voice vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk