City Council Meeting

MINUTES City Council Meeting Tuesday, March 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 Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (Via telecom), Council Member Christine M. Erickson, Council Member Alex Jensen (Via telecom), Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Charlie Moore, Sunnycrest United Methodist 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 Erickson to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 2, 2021  Regular City Council Meeting of Tuesday, March 2, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 5, 2021. 7. Report of Requests for Quotes for Fuel dated: February 26, 2021; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Vollan Oil (Dyed Diesel #1 $2.3631 and Dyed Diesel #2 $2.194); Coles Petroleum (Dyed Diesel #1 $2.3775 and Dyed Diesel #2 $2.186); Olson Oil, and Howes Oil, both no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: March 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 $2.2718. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Erickson to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend Agenda Items 13, 14, & 16 to show “Private Applicant(s)” as Harrisburg School District, Sioux Falls Development Foundation, and Kevin Smith on behalf of Grand Prairie, LLC, respectively. Roll call vote to amend. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ORDINANCE NO. 8-21. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 29-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 11. 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 Kiley and Soehl  After one hour of public comment, Mayor Paul TenHaken began to summarize comments made thus far. Council Member Pat Starr raised a point of order on the grounds that the presiding officer may not summarize comments made thus far. The Mayor put the question, "shall the Mayor be allowed to summarize comments," to a roll call vote. Erickson, Jensen, Kiley, Selberg, and Soehl voted yes. Brekke, Neitzert, and Starr voted no. With a majority of members voting yes, the Mayor summarized comments. A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Agenda Item 11. Roll call vote to adopt. 4 Yes: Soehl, Starr, Brekke, Kiley; 4 No: Erickson, Jensen, Neitzert, Selberg. Mayor Paul TenHaken broke the tie by voting No. Motion Failed. HEARINGS AND RESOLUTIONS 12. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 013688-2021—TRACT 1 EICHMANN’S ADDITION Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 25-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Selberg; 0 No: (None). Motion Passed. Neitzert was not present for the vote on this motion. RESOLUTION NO. 25-21 ANNEXATION 013688-2021—TRACT 1 EICHMANN’S ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along W. 69th St. 4. Sanitary sewer is available within 69th St. Res. #106-01 West Side San. Sewer Cost Recovery owed on all parcels when platted for development; the 2020 cost is $2,196.58/acre.  5. City water is available for connection to the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Tract 1 of Eichmannʼs Addn in the NE1/4NW1/4 of Sec.17-T100N-R50W, Lincoln County, SD, except Lot H-2 contained therein And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 03/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 13. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 013691- 2021—TRACT 1 NE1/4 ADDITION Private Applicant(s): Harrisburg School District A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 26-21. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Selberg; 0 No: (None). Motion Passed. Neitzert was not present for the vote on this motion. RESOLUTION NO. 26-21 ANNEXATION 013691-2021—TRACT 1 NE1/4 ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits.  2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along Southeastern Dr. 4. There is sanitary sewer capacity within the infrastructure. Resolution #18-05; East Side Sanitary Sewer Cost Recovery owed on all parcels when platted for development. The 2020 cost is $5,036.10/acre. 5. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Tract 1 in the NE1/4 of Section 13, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 03/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 14. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 013810-2021—BENSON’S ADDITION Private Applicant(s): Sioux Falls Development Foundation A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 27-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 27-21 ANNEXATION 013810-2021—BENSON’S ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality;  WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along Marion Rd. 4. Sanitary sewer will need to be extended from the existing main. Cost recovery fees need to be escrowed into the dedicated Foundation Park Sanitary Sewer Cost Recovery account. 2021 rate is $11,334.93/acre. 5. City water access is approximate one mile south on Marion Rd. from this lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tracts 3 and 4, Benson’s Addition in the S1/2 NW1/4 of Section 13, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 15. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 013782-2021—SCHWALLER ADDITION Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 28-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 28-21 ANNEXATION 013782-2021—SCHWALLER ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.  WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along 60th St. N. 4. Sanitary sewer will need to be extended from the existing main in N. Sycamore Ave. 5. City water is available from 60th St. N. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: The South 283' West 300' of the East 425' of the E1/4 of the SE1/4 of Section 26, Township 102 North, Range 49 West of the 5th P.M., Minnehaha, County, South Dakota. And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 03/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 16. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT ROADWAY EASEMENT AND ABUTTING PERMANENT UTILITY EASEMENT LOCATED IN LOT 1 OF NIX SUBDIVISION IN THE SE1/4 OF THE NE1/4 OF SECTION 14, T100N, R50W, 5TH P.M., LINCOLN COUNTY, SOUTH DAKOTA. Private Applicant(s): Kevin Smith on behalf of Grand Prairie, LLC A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 29-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 29-21  A RESOLUTION APPROVING THE RELEASE OF A PERMANENT ROADWAY EASEMENT AND ABUTTING PERMANENT UTILITY EASEMENT LOCATED IN LOT 1 OF NIX SUBDIVISION IN THE SE1/4 OF THE NE1/4 OF SECTION 14, T100N, R50W, 5TH P.M., LINCOLN COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a permanent roadway easement and abutting 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 roadway easement and abutting permanent utility easement was established by plat and filed in Book T of Plats on page 95 in the office of the Register of Deeds for Lincoln County, SD, on September 5, 2000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent roadway easement and abutting permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 1 of Nix Subdivision in the SE1/4 of the NE1/4 of Section 14, T100N, R50W, 5th P.M., Lincoln County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 03/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 30-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 30-21 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  Sue Roust Board of Ethics Reappointed for a term from March 2021 to March 2025. Glen Severson Board of Ethics Appointed for a term from March 2021 to March 2025 (to replace Gregory LaFollette). Date adopted: 03/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, OUTLINING THE EXPECTATIONS FOR THE PEOPLE OF SIOUX FALLS TO TAKE ACTION TO REDUCE TRANSMISSION OF THE VIRUS THAT CAUSES COVID-19. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 31-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 31-21 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 REDUCE TRANSMISSION 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 December, 18, 2020, the Governor issued Executive Order 2020-34 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 June 30, 2021, unless sooner terminated or extended; and WHEREAS, the CDC recommends certain actions to mitigate transmission of COVID-19, including, but not limited to, social distancing measures, wearing a mask in certain settings, utilizing proper cleaning measures, and receiving the COVID-19 vaccination when available; 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; 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 reduce transmission of the virus that causes COVID-19 by using all known and available mitigation measures. The sections below outline these key measures. Section 1: Masks are strongly encouraged to be worn in settings where at least six feet of physical distancing cannot be maintained from others who are not a member of one’s household. It is advised that the following individuals are excluded from this recommendation:  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; and  Individuals who are actively consuming food or drink. Section 2: Individuals are strongly encouraged to wash their hands regularly, cover their coughs, disinfect high-touch surfaces frequently, 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 good neighbors by checking in on others in their neighborhood and community. Section 4: In accordance with the CDC’s recommendation, individuals are encouraged to receive the COVID-19 vaccination as it becomes available to them. Section 5: Individuals are encouraged to abide by the requirements of 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. Section 7. This resolution shall immediately expire upon the Mayor’s rescission of Executive Order No. 218, unless extended, amended, or earlier terminated by subsequent resolution. Date adopted: 03/09/21 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT [Name not provided] spoke about the tone of the meeting. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adjourn at 9:38 p.m. Roll call vote to adjourn. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk