City Council Meeting

MINUTES Regular City Council Meeting Tuesday, February 2, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Janet Brekke (via Telecom), Council Member Christine M. Erickson (via Telecom), Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert (via Telecom), Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL 2. INVOCATION  Pastor Kevin Schneider, Good News Church 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, January 19, 2021  City Council Meeting of Tuesday, January 19, 2021  Informational Meeting of Tuesday, January 26, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 29, 2021. 7. Approval of surplus property disposition on the memorandum dated December 31, 2020. 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Lynda Billars. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 13, 2021; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/SPF Energy Inc. /Farstad Oil #1 Clear Diesel ($2.0879) and #2 Clear Diesel ($1.9879); Harms Oil: #1 Clear Diesel ($2.0908) and #2 Clear Diesel ($1.9908); CHS, Inc., Petroleum Traders, Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc /Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: January 13, 2021: Unleaded (8,000 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 $1.8281. 11. Report of Requests for Quotes for Fuel dated: January 15, 2021; Dyed Diesel #1 (2,250 Gallons) and Dyed Diesel #2 (2,250 Gallons); Vollan Oil (Dyed Diesel #1 $1.79 and Dyed Diesel #2 $ 1.7375). CHS Oil, no bid. Bid awarded to: Vollan Oil. 12. Report of Requests for Quotes for Fuel dated: January 15, 2021; Unleaded (3,500 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 $1.8259. 13. Report of Requests for Quotes for Fuel dated: January 15, 2021; 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 $1.7843 and Dyed Diesel #2 $ 1.6888. 14. Report of Requests for Quotes for Fuel dated: January 21, 2021; Unleaded (3,000 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 $1.8168. 15. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: January 25, 2021; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Howes Oil #1 Clear Diesel ($2.0039) and #2 Clear Diesel ($1.9565); Harms Oil #1 Clear Diesel ($2.0464) and #2 Clear Diesel ($1.9764); Petroleum Traders #1 Clear Diesel ($2.0985) and #2 Clear Diesel ($2.0045); CHS, Inc. #1 Clear Diesel ($2.0975) and #2 Clear Diesel ($2.0005); Parkland USA/SPF Energy Inc./Farstad Oil and Midwest Oil, all no bids. Bid awarded to: Howes Oil. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 16. Aiglesia Del Dios Vivo Columna Y Apoyo De La Verdand La Luz Del Mund, 3801 W. 34th St., Ste. 137, Parcel #68022, for 2019 property taxes in the amount of $337.32. Reason: The property is exempt from the tax. 17. Ronning Enterprises, Inc., 2200 S. Ellis, Parcel #11794, for 2018 property taxes in the amount of $220.18. Reason: The property is exempt from the tax. 18. City of Sioux Falls, 3600 S. Minnesota Avenue, Parcel #51450, for 2020 property taxes in the amount of $8,318.03. Reason: The property is exempt from the tax. 19. City of Sioux Falls, 3612 S. Minnesota Avenue, Parcel #51451, for 2020 property taxes in the amount of $2,154.46. Reason: The property is exempt from the tax. 20. City of Sioux Falls, 4209 S. Palisade Lane, Parcel #51888, for 2020 property taxes in the amount of $1,311.98. Reason: The property is exempt from the tax. 21. Jason Noyes, 929 N. Caleb Avenue, Parcel #78974, for 2020 property taxes in the amount of $1,141.34. Reason: Did not apply for owner-occupied status by the deadline. NOTICE OF HEARINGS 22. Set a date of hearing for Tuesday, February 16, 2021. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (Various Leases) Sponsor: Mayor 23. Set a date of hearing for Tuesday, February 16, 2021. New 2021 Retail Wine & Cider License for Minnehaha Country Club Inc., Minnehaha Country Club, 3101 West 22nd Street. 24. Set a date of hearing for Tuesday, February 16, 2021. New 2021 Retail Wine & Cider License, requesting off-sale use only, for Houndstooth House LLC, Houndstooth House, 201 West 37th Street (CUP not required). 25. Set a date of hearing for Tuesday, February 16, 2021. Transfer of 2021 Package Liquor License from Davlon Inc., Shop N Cart, 4209 West 12th Street, to MG Oil Company, Corner Pantry 23, 4209 West 12th Street. 26. Set a date of hearing for Tuesday, February 16, 2021. Transfer of 2021 Package Liquor License from Cubby’s Inc., Cubby’s, 1900 West 12th Street, to Cosmic LLC, Circle S, 1900 West 12th Street. 27. Set a date of hearing for Tuesday, February 16, 2021. Special One-Day Liquor License for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North, for a NAWIC mixer/fundraiser on March 11, 2021. REGULAR AGENDA 28. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Kiley to amend the Regular Agenda by placing Agenda Item 46 immediately before Agenda Item 29. 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. UNFINISHED BUSINESS Item 46 was heard at this time. See Item for action taken. 29. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for Ramkota Companies Inc., Club House Hotel & Suites, 2320 South Louise Avenue. 30. New 2021 Retail Wine & Cider License and New 2020-21 Retail Malt Beverage/SD Farm Wine License for The Social LLC, The Social, 301 South Thompson Ave (CUP not required). Pending final inspections per Health and Building Services. 31. Special One-Day Liquor Licenses for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for Thursday Throw down on February 18 and March 25, 2021. 32. Special One-Day Liquor License for T Slat Inc., to be operated at Museum Visual Materials, 500 North Main Avenue, for a wedding reception on February 20, 2021. 33. Special One-Day Liquor License for Zoological Society to be operated at the Great Plain Zoo, 805 South Kiwanis Avenue, for Woo at the Zoo on February 13, 2021. A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve Items 29 through 33. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 22ND ST. AND WEST OF S. GILL AVE. FROM THE AG, AGRICULTURE DISTRICT TO THE RS, SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT, NO. 13487-2020, AND AMENDING THE OFFICIAL ZONING  MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Benjamin Parsley A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 10-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF PROPERTY LOCATED SOUTH OF W. 54TH ST. N. AND WEST OF N. NORTHVIEW AVE. FROM THE C-4, COMMERCIAL—REGIONAL DISTRICT TO THE I-1, LIGHT INDUSTRIAL DISTRICT, NO. 13507-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Jansmick Land Investments LLC (Dale Jans) A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 11-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A PORTION OF PROPERTY LOCATED SOUTH OF W. 69TH ST. AND EAST OF S. DUBLIN AVE. FROM THE RD-1, RESIDENTIAL TWINHOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2, TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 13537-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Signature Companies LLC (Clint Ackerman) A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 12-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3320 W. 4TH AVE. FROM THE RS, SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2, TOWNHOME RESIDENTIAL— SUBURBAN DISTRICT, NO. 13518-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): Limited to NF2 Form. Private Applicant(s): Lifescape (Richard Disanto) A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 13-21.  Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Selberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD AMENDING SECTION 110: LICENSES, SUBCHAPTER: LICENSES ISSUED BY PLANNING AND DEVELOPMENT SERVICES. The Planning Commission recommends approval (5-0). Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 14-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD AMENDING SECTION 155: SIGNS AND OUTDOOR ADVERTISING: APPLICATION FOR PERMIT. The Planning Commission recommends approval (5-0). Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 15-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTERS: 160.005, 160.021, 160.134, 160.444, 160.154, 160.164, 160.222, 160.316, 160.404, 160.444, 160.485, 160.488, 160.517, 160.518, 160.550, 160.551, 160.572, 160.576, AND 160.670. The Planning Commission recommends approval (5-0). Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordnance No. 16-21. A motion was made by Council Member Kiley and seconded by Council Member Soehl to amend Section 160.576, Exemptions, paragraph “j,” by striking all text, to include sub-paragraph (1), after “the fence may bear” and inserting “signage, provided that it shall occupy no more than 40 percent of the area of the screening on the construction fence along each street frontage.” Roll call vote to amend. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, GRANTING A NONEXCLUSIVE NATURAL GAS FRANCHISE TO NORTHWESTERN CORPORATION, DOING BUSINESS AS NORTHWESTERN ENERGY, A DELAWARE CORPORATION, TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 17-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Selberg, Soehl, Brekke, Erickson; 2 No: Neitzert, Starr. Motion Passed. ORDINANCE FIRST READINGS 42. 1st 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 NAMING FACILITIES. Recommendation: Set a date of 2nd Reading for Tuesday, February 9, 2021. Sponsors: Council Members Starr and Brekke A motion was made by Council Member Starr and seconded by Council Member Brekke to set a date of hearing for Tuesday, February 9, 2021 for Item 42. Roll call vote to set a date of hearing. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 10-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 10-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the City of Sioux Falls intends to place a City-owned sculpture known as “Under Construction” by artist Gary Hovey, Knoxville, OH, and selected by citizens as the 2019 SculptureWalk People’s Choice Award; and WHEREAS, the sculpture depicts busy beavers building a home while a crane stands nearby and measures approximately 48" in height, 48’" in width, and 48" in length; and WHEREAS, the proposed site placement for the “Under Construction” sculpture be prominently displayed on a pedestal, located at 4500 S. Oxbow Ave., inside the education building; and WHEREAS, a future sculpture location is identified in the floor plan for Outdoor Campus – East education center. The City of Sioux Falls will be responsible for project costs associated with the sculpture installation; and WHEREAS, the Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City, and the Sioux Falls Visual Arts Commission, encourages and recommends public art integration within public places in Sioux Falls, SD; and WHEREAS, the Sioux Falls Visual Arts Commission reviewed the proposed “Under Construction” sculpture and placement on December 15, 2020, and unanimously recommended approval for the sculpture and placement, as presented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The “Under Construction” sculpture and its placement at 4500 S. Oxbow Ave. be approved as recommended. Date adopted: 02/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF AN OUTDOOR AREA ON PUBLIC PROPERTY. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 11-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 11-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF AN OUTDOOR AREA ON PUBLIC PROPERTY. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1. Application 2020-11-01 was submitted by the Friends of Levitt Shell Sioux Falls to commemoratively name the dance floor in front of the Levitt at the Falls stage in Falls Park West to honor Jennifer Kirby, located at 504 N. Phillips Ave. Section 2. The “Jennifer Kirby Dance Floor” commemorative naming does not change the Levitt at the Falls name, but rather, respectfully honors Jennifer Kirby, an extraordinary leader who worked tirelessly to secure Levitt Sioux Falls as the 8th Levitt venue of its kind in the country. Jennifer Kirby’s dedication and commitment helped bring the dream of the Levitt Shell to Sioux Falls. A metal cast plaque is proposed for installation on the lower stage front, near the concrete dance floor, to bring recognition and meaning to the “Jennifer Kirby Dance Floor.” Section 3. The City of Sioux Falls Parks and Recreation Board considered the commemorative naming application and unanimously recommended approval on January 20, 2021. Additionally, the Visual Arts Commission unanimously recommended approval the placement of the plaque on January 19, 2021. Section 4. In accordance with Chapter 30 of the Code of Ordinances of Sioux Falls, SD, the City approves the commemorative name “Jennifer Kirby Dance Floor” located in front of the Levitt Shell stage. Date adopted: 02/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION OF THE CITY OF SIOUX FALLS RECEIVING THE MUNICIPAL BAND TASK FORCE RECOMMENDATION. Sponsors: Council Members Erickson and Jensen A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Resolution No. 12-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 12-21 A RESOLUTION OF THE CITY OF SIOUX FALLS RECEIVING THE MUNICIPAL BAND TASK FORCE RECOMMENDATION. WHEREAS, the Sioux Falls Municipal Band has been performing since 1919; and WHEREAS, the band’s performances begin with the Armed Forces Day Celebration in May each season and continue through early August. Special events include the Flag Day performance at Veterans’ Memorial Park, the Independence Day Celebration, and the Jaycees’ annual 4th of July Celebration; and WHEREAS, 17,000 people annually attend the Sioux Falls Municipal Band concerts which include performances each Sunday and additional performances during the week; and WHEREAS, the band has consisted of one contracted director and 60 to 90 musicians; and WHEREAS, the City Council established the Municipal Band Task Force to study and recommend a long-term strategy that fosters a financially sustainable Sioux Falls Municipal Band; and WHEREAS, on January 14, 2021, the Municipal Band Task Force unanimously approved a motion recommending that the City of Sioux Falls begin negotiations to transfer the management of the Sioux Falls Municipal Band to the Washington Pavilion Management, Inc.; and WHEREAS, the Municipal Band Task Force recommendation was reported in an open meeting of the Sioux Falls City Council on January 19, 2021; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City is encouraged to follow the recommendation of the Municipal Band Task Force, and begin negotiations to transfer the management of the Sioux Falls Municipal Band to the Washington Pavilion Management, Inc. Date adopted: 02/02/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS 46. A MOTION PROVIDING ADVICE AND CONSENT TO THE APPOINTMENT OF MATT MCAREAVEY AS FIRE CHIEF OF SIOUX FALLS FIRE RESCUE. Mayor Paul TenHaken passed the gavel to Council Vice Chair Curt Soehl for this item. A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve Item 46. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT David Zokaites spoke about promoting civic participation. Sierra Broussard spoke about commercial and residential properties in lower income neighborhoods. Dennis Haugen spoke about a 30 minute video on YouTube about Seattle. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Kiley to adjourn the meeting at 7:56 p.m. Roll call vote to adjourn. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk