City Council Meeting

MINUTES City Council Meeting Tuesday, April 13, 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 Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (via telecom), Mayor Paul TenHaken Absent: None 2. INVOCATION  Dr. Ron Tottingham, Sioux Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Items 1, 16 and 17 from Agenda Item 6 on the Regular Agenda for Council Discussion (1; Parks/Recreation; Furnish Landscaping Wood Mulch; To award a bid; The Tessman Company; To Establish Pricing; 21-0076); (16; Planning and Development Services/Housing; Agreement for a No Interest Loan for a Multi-Family Tax Credit Development Project; Vineyard Heights Limited Partnership; $200,000; 21-4096); and (17; Facilities Mangement; The Link/Triage Center Upper Level Design, Amendment to professional services agreement; The Schemmer Associates, Inc.; $33,300; 21-3023.) See Agenda Item 6 for action taken. A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES   Informational Meeting of Tuesday, April 6, 2021  Regular City Council Meeting of Tuesday, April 6, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 9, 2021. A motion was made by Council Member Starr and seconded by Council Member Soehl to approve Sub-Item 1 from Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Sub-Item 16 from Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. A motion was made by Council Member Jensen and seconded by Council Member Kiley to approve Sub-Item 17 from Agenda Item 6. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 7. Notice of change orders on the memorandum dated April 9, 2021. 8. Report of Requests for Quotes for Fuel dated: March 31, 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 $2.2358. 9. Report of Requests for Quotes for Fuel dated: April 2, 2021; Dyed Diesel #1 (3,750 Gallons) and Dyed Diesel #2 (3,750 Gallons); Harms Oil (Dyed Diesel #1 $2.1455 and Dyed Diesel #2 $2.0115); Vollan Oil (Dyed Diesel #1 $2.1528 and Dyed Diesel #2 $2.0188); Coles Petroleum (Dyed Diesel #1 $2.174 and Dyed Diesel #2 $1.9928); Olson Oil and Howes Oil, all no bid. Bid awarded to: Harms Oil. NOTICE OF HEARINGS 10. Set a date of hearing for Tuesday, May 4, 2021. A RESOLUTION DECLARING THE NECESSITY TO CONSTRUCT SIDEWALK ON E. ARROWHEAD PKWY. AND S. SIX MILE RD., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor REGULAR AGENDA 11. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Sub-Items 1, 16 and 17 from Agenda Item 6 were heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SHORTENING THE TIME PERIODS FOR DISTRICTING COMMISSION ACTION PURSUANT TO SECTION 6.02(C)(6) OF THE CITY CHARTER. Sponsors: Council Members Neitzert and Selberg A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 39-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (General - Transfers to Sales/Use Tax Fund, $10,650,000; Parks, $6,650,000; Highway and Streets, $4,000, 000; Health, $500,000) Recommendation: Set a date of 2nd Reading for Tuesday, April 20, 2021. 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, April 20, 2021 for Item 13. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS AREA COMMUNITY FOUNDATION. Recommendation: Set a date of 2nd Reading for Tuesday, April 20, 2021. Sponsor: Mayor  A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, April 20, 2021 for Item 14. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE PARKS AND RECREATION AQUATICS PROGRAM. (Parks, $250,000) Recommendation: Set a date of 2nd Reading for Tuesday, April 20, 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, April 20, 2021 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT FOR USE OF PUBLIC PARKING FACILITIES WITH SIOUX FALLS II FGF, LLC. Recommendation: Set a date of 2nd Reading for Tuesday, April 20, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, April 20, 2021 for Item 16. Roll call vote to set a date of 2nd Reading. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM TO ADD DRONES AND A TRACTOR LOADER IN 2021. (Police, $18,000; Entertainment Venues - Events Center, $75,000) Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 36-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 36-21 A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM TO ADD DRONES AND A TRACTOR LOADER IN 2021. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD.  That the 2021–2025 Capital Program shall be amended as follows: Police Amend the Other Capital Expenditures Program by adding two drones in 2021. The additional cost is $18,000 and will not require an increase in appropriations as it will be funded by savings from other police equipment purchased in 2021. Entertainment Venues—Events Center Amend the Other Capital Expenditures Program by adding a tractor loader in 2021. The additional cost is $75,000 and will not require an increase in appropriations as it will be funded by savings from other equipment purchased in 2021. Date adopted: 04/13/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN THAT PART OF VACATED ALLEY LYING ADJACENT TO LOTS 1 THROUGH 18, BLOCK 23 OF DENNIS SUBDIVISION OF BLOCKS 9, 10, 23, & 24, UNIVERSITY ADDITION TO SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Mayor Augustana University A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 37-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 37-21 A RESOLUTION APPROVING THE RELEASE OF A PERMANENT EASEMENT LOCATED IN THAT PART OF VACATED ALLEY LYING ADJACENT TO LOTS 1 THROUGH 18, BLOCK 23 OF DENNIS SUBDIVISION OF BLOCKS 9, 10, 23, & 24, UNIVERSITY ADDITION TO SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs the permanent easement areas 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 public utility easement in, over, and upon vacated alley lying adjacent to Lots 1 thru 18, Block 23 of Dennis Subdivision of Blocks 9, 10, 23, & 24, University Addition to Sioux Falls, was reserved by City Resolution and filed in Book 266 of Misc. on page 246 in the office of the Register of Deeds for Minnehaha County, SD, on October 18, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That it approves the release of the permanent easement areas, as shown on attached Exhibit A, and affecting the real property described as that part of vacated alley lying adjacent to Lots 1 thru 18, Block 23 of Dennis Subdivision of Blocks 9, 10, 23, & 24, University Addition to 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: 04/13/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF RESOLUTION NO. 6-21. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Resolution No. 38-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 38-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF RESOLUTION NO. 6-21. WHEREAS, on January 12, 2021, the City Council of the City of Sioux Falls adopted Resolution No. 6-21 approving the vacation of permanent right-of-way; and WHEREAS, the legal descriptions set forth in Resolution 6-21 were not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following legal description of the permanent right-of-way to be vacated replace those listed in Resolution 6-21, is hereby amended to read as follows: A RESOLUTION VACATING THE WEST 33' OF THE SE1/4 SE1/4, LYING ADJACENT TO TRACT 1 KNOCHENMUS 2ND ADDITION IN THE E1/2 SE1/4 AND ALSO LYING ADJACENT TO THE SW1/4SE1/4 ALL IN SECTION 12, TOWNSHIP 101 NORTH, RANGE 49 WEST, MINNEHAHA COUNTY, SOUTH DAKOTA, AND LYING WITHIN LOT 1 IN BLOCK 1 OF GOLDEN GATEWAY 1ST ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA COUNTY, SOUTH DAKOTA, (LISTED AS FUTURE STREET RIGHT-OF-WAY AS RECORDED IN BOOK 69 OF PLATS, PAGE 8), AS SHOWN ON EXHIBIT A. That it approves the vacation of the permanent right-of-way as shown on attached Exhibit A, and affecting the real property described as:  Lot 1 in Block 1 of Golden Gateway 1st Addition to the City of Sioux Falls, Minnehaha County, South Dakota; Tract 1, Knochenmus 2nd Addition in the E1/2 SE1/4 of Section 12, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota, except Lot 1 in Block 1 of Golden Gateway 1st Addition to the City of Sioux Falls and except East Tahoe Street and North Finnegan Avenue, all in Minnehaha County, South Dakota; A portion of the SE1/4SE1/4 of Section 12, Township 101 North, Range 49 West of the 5th P.M. lying adjacent to Tract 1, Knochenmus 2nd Addition in the E1/2 SE1/4 of Section 12, Township 101 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota, except Lot 1 in Block 1 of Golden Gateway 1st Addition to the City of Sioux Falls and except East Tahoe Street and North Finnegan Avenue, all in Minnehaha County, South Dakota; That part of the SW1/4SE1/4 of Section 12, Township 101 North, Range 49 West of the 5th P.M. lying adjacent to the West 33' of the SE1/4SE1/4 of Section 12, Township 101 North, Range 49 West of the 5th P.M., and lying adjacent to Lot 1 in Block 1 of Golden Gateway 1st Addition to the City of Sioux Falls and lying adjacent to and South of East Tahoe Street, all in Minnehaha County, South Dakota. And that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 04/13/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 39-21. Roll call vote to adopt. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 39-21 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 Scott Vander Meulen Infrastructure Review Appointed for a term from Advisory Board (IRAB) April 2021 to April 2024 (to replace Chris Fischer as Member-At-Large). Mark Kauffman Solid Waste Planning Board Indefinite term (to replace Lyle Van Hove as the Turner County representative). Date adopted: 04/13/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 21. A RESOLUTION VACATING THE ALLEY RIGHT-OF-WAY FROM THE SOUTH RIGHT-OF-WAY LINE OF E. 23RD ST. TO THE NORTH RIGHT-OF-WAY LINE OF E. 24TH ST. Recommendation: Set a date of hearing for Tuesday, May 11, 2021. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of hearing for Tuesday, May 11, 2021 for Item 21. Roll call vote to set a date of hearing. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Scott Ehrisman spoke about panhandling. David Zokiates spoke about police in schools. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Erickson to adjourn at 7:45 p.m. Roll call vote to adjourn. 8 Yes: Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk