City Council Meeting

MINUTES City Council Meeting Tuesday, February 9, 2021 at 6:00 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 (via telecom), Council Member Curt Soehl (via telecom), Council Member Pat Starr (arr. at 6:03 p.m.), Council Member Janet Brekke (via telecom), Council Member Christine M. Erickson, Council Member Alex Jensen, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Randall Gehring, Our Saviors Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Jensen 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, February 2, 2021  Regular City Council Meeting of Tuesday, February 2, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated February 5, 2021. 7. Report of Requests for Quotes for Fuel dated: January 27, 2021; Unleaded (8,500 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 Unleaded $1.902. 8. Report of Requests for Quotes for Fuel dated: January 29, 2021; Dyed Diesel #1 (7,500 Gallons) and Dyed Diesel #2 (7,500 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 $1.7818 and Dyed Diesel #2 $1.6886. 9. Report of Requests for Quotes for Fuel dated: February 2, 2021; Unleaded (8,500 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 $1.8607. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Sioux Falls School District, 514 N. Fairfax, Parcel #29800, for 2020 property taxes in the amount of $887.15. Reason: The property is exempt from the tax. 11. Sioux Falls School District, 516 N. Fairfax, Parcel #29801, for 2020 property taxes in the amount of $136.09. Reason: The property is exempt from the tax. 12. D & D Enterprise Rev Trust, 2808 W. 12th, Parcel #40660, for 2020 property taxes in the amount of $4,013.04. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 13. City of Sioux Falls, 4205 S. Palisade, Parcel #51887, for 2020 property taxes in the amount of $1,110.10. Reason: The property is exempt from the tax. 14. City of Sioux Falls, 3220 E. Rice, Parcel #53621, for 2020 property taxes in the amount of $2,670.79. Reason: The property is exempt from the tax. 15. City of Sioux Falls, 3604 S. Minnesota, Parcel #55713, for 2020 property taxes in the amount of $5,730.77. Reason: The property is exempt from the tax. 16. City of Sioux Falls, 1408 N. North, Parcel #62216, for 2020 property taxes in the amount of $2,556.82. Reason: The property is exempt from the tax. 17. David Derschan, 600 N. Swan, Parcel #72137, for 2020 property taxes in the amount of $435.46. Reason: Structures have been removed after the assessment date (upon verification by the director of equalization). 18. Paul Fick Homes Inc., 4212 S. Poppies, Parcel #90481, for 2020 property taxes in the amount of $4,677.50. Reason: Improvements on any real property were considered or  included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 19. City of Sioux Falls, 224 W. Ninth St., Parcel #283.04.02.002, for 2020 property taxes in the amount of $3,469.96. Reason: The property is exempt from the tax. 20. City of Sioux Falls, 231 N. Dakota Ave., Parcel #281.84.06.001, for 2020 property taxes in the amount of $98.08. Reason: The property is exempt from the tax. 21. City of Sioux Falls, 224 W. Ninth St., Parcel #281.78.00.203, for 2020 property taxes in the amount of $8.96. Reason: The property is exempt from the tax. 22. Parcel #280.98.20.017A, for 2020 property taxes in the amount of $2,567.28. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 23. Parcel #280.36.05.004, for 2020 property taxes in the amount of $2,567.30. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 24. Parcel #280.14.21.009, for 2020 property taxes in the amount of $1,763.76. Reason: Applicant qualifies for exemption under SDCL 10-4-40, 10-4-41 (Disabled Veteran.) 25. Aaron and Darlene Wollman, 5406 S. Ledgestone Pl., Parcel #281.67.13.014B, for 2020 property taxes in the amount of $416.16. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA 26. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 27. 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 NAMING FACILITIES. Sponsors: Council Members Starr and Brekke A motion was made by Council Member Starr and seconded by Council Member Brekke to adopt Ordinance No. 18-21.  Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 53: PUBLICLY OWNED TREATMENT WORKS—GENERAL PROVISIONS. Recommendation: Set a date of 2nd Reading for Tuesday, February 16, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, February 16, 2021 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, AMENDING THE CODE OF ORDINANCES OF THE CITY BY MOVING SECTION 50.023(g) TO CHAPTER 51: UTILITY RATES AND CHARGES AND AMENDING SECTION 51.050 OF CHAPTER 51: UTILITY RATES AND CHARGES. Recommendation: Set a date of 2nd Reading for Tuesday, February 16, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, February 16, 2021 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, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING CHAPTER 59: WATER DEPARTMENT REGULATIONS. Recommendation: Set a date of 2nd Reading for Tuesday, February 16, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, February 16, 2021 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, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 50: UTILITIES GENERALLY. Recommendation: Set a date of 2nd Reading for Tuesday, February 16, 2021. 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, February 16, 2021 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. HEARINGS AND RESOLUTIONS 32. A RESOLUTION VACATING A PORTION OF THE ARROWHEAD PARKWAY RIGHT OF WAY, AS SHOWN ON EXHIBIT A. (Tract 2 Willows Edge Addition) Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 13-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 13-21 A RESOLUTION VACATING A PORTION OF THE ARROWHEAD PARKWAY RIGHT-OF-WAY, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate City right–of-way has been filed by the owners of the following described property: Tract 2 Willows Edge Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota Lot 1 in Block 15 of Willows Edge Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on February 9, 2021, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Arrowhead Parkway right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 02/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 33. A RESOLUTION VACATING A PORTION OF THE ARROWHEAD PARKWAY RIGHT- OF-WAY, AS SHOWN ON EXHIBIT A. (Tract 3 Willows Edge Addition) Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 14-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 14-21 A RESOLUTION VACATING A PORTION OF THE ARROWHEAD PARKWAY RIGHT- OF-WAY, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Tract 3 Willows Edge Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on February 9, 2021, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Arrowhead Parkway right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 02/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 34. A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 4 IN BLOCK 1 OF MAPLE MALL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Resolution No. 15-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed.  RESOLUTION NO. 15-21 A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 4 IN BLOCK 1 OF MAPLE MALL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs a portion of a permanent utility 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; WHEREAS, the permanent utility easement was established by plat and filed in Book 55 of Plats on page 101 in the office of the Register of Deeds for Minnehaha County, SD, on June 10, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a portion of a permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 4 in Block 1 of Maple Mall 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, SD, a duly certified transcript of this resolution. Date adopted: 02/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about courthouse searches. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Jensen to adjourn at 6:36 p.m. Roll call vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk