City Council Meeting

MINUTES City Council Meeting Tuesday, May 11, 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (via telecom), Council Member Alex Jensen, Council Member Rick Kiley, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Randall Gehring, Our Saviors Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  City Council Chair Greg Neitzert  Sioux Falls Beautiful 2020 Awards CONSENT AGENDA 5. 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: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Special City Council Meeting of Tuesday, May 3, 2021   Informational Meeting of Tuesday, May 4, 2021  Regular City Council Meeting of Tuesday, May 4, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated May 7, 2021. 8. Report of Requests for Quotes for Fuel dated: April 28, 2021; Dyed Diesel #2 (5,000 Gallons); Cole's Petroleum (Dyed Diesel #2 $2.0981); Farstad Oil, CHS Inc., Olson Oil, Howes Oil, and Harms Oil, all no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated: April 28, 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 $2.2773. 10. Report of Requests for Quotes for Fuel dated: April 30, 2021; 3,500 Gallons of #2 Dyed Diesel and 4,500 Gallons of Unleaded; Cole’s Petroleum: ($2.1465 and $2.3320 respectively); Farstad Oil: ($2.3660 and $2.2905 respectively); Midway Service, Howes Oil, CHS, Inc., Stern Oil, Harms Oil, and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 11. Report of Requests for Quotes for Fuel dated: May 4, 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 $2.338. REGULAR AGENDA 12. 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: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 13. 2nd Reading: Deferred from the Meeting of Tuesday, May 4, 2021; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13946-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).  Private Applicant(s): 41Six, LLC – Brady Hyde A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 55-21. Roll call vote to adopt. 5 Yes: Neitzert, Selberg, Soehl, Erickson, Kiley; 2 No: Starr, Brekke. Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. HEARINGS AND RESOLUTIONS 14. Deferred from the Meeting of Tuesday, May 4, 2021; A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TEN CATE'S ADDITION (13919-2021). Pending motion from the meeting of Tuesday, May 5, 2021: A motion was made by Council Member Neitzert and seconded by Council Member Erickson to approve, as amended. Private Applicant(s): Design and Develop Engineering, LLC – Dave Jibben A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt, as amended, Resolution No. 47-21. Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Kiley; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 47-21 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TEN CATE’S ADDITION (13919-2021). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Ten Cate’s Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 05/11/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 15. 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. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 48-21.  Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 48-21 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. WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the following described property: Lots 184A, 186, 187, 188, 189, 190, and 191 Belmont Addition to the City of Sioux Falls, Minnehaha County, South Dakota Lots 220, 221, 222, 223, 224, 225, and 227A Belmont Addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on May 11, 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, after due consideration, use of this property for street or alley right-of-way is no longer warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That 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., lying between S. 7th Ave. and S. 8th Ave. as shown on Exhibit A, be and the same hereby is declared vacated, and subject to an easement reserved by the City of Sioux Falls in, over, and upon the first 10' south of E. 23rd St. and the first 10' north of E. 24th St. of the vacated property as shown on Exhibit A for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, 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: 05/11/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS 16. APPROVE THE MAYOR'S APPOINTMENT OF GAVIN GRAVERSON, WATER SUPERINTENDENT, AS NOMINEE TO SERVE AS DIRECTOR, AND NICHOLAS BORNS, CIVIL ENGINEER, P.E., TO SERVE AS ALTERNATE, TO REPRESENT THE CITY OF SIOUX FALLS AT OFFICIAL MEETINGS OF THE LEWIS AND CLARK REGIONAL WATER SYSTEM.  A motion was made by Council Member Selberg and seconded by Council Member Brekke to approve Item 16. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT David Zokaites spoke about Christian Politics. Boots Among Trees spoke about: Ehlers-Danlos Syndrome Awareness Month; the benefits of medical cannabis; and encouraged the City Council to move forward, in regards to medical cannabis. George Henderson spoke about being an advocate for his son and praising the benefits of medical cannabis. Jonathan Hunt spoke about his work in the cannabis industry and offered his services to the Council. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Brekke to adjourn at 7:18 p.m. Roll call vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk