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City Council Meeting

Regular Meeting

Sioux Falls, SD · June 8, 2021

AgendaMinutesPacketVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, June 8, 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 Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson (via telecom), Council Member Alex Jensen, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: Council Member Rick Kiley 2. INVOCATION  Dorothy Terhorst, Direct Line Partner 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. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 1, 2021  Regular City Council Meeting of Tuesday, June 1, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 4, 2021. 7. Report of Requests for Quotes for Fuel dated: May 27, 2021; Dyed Diesel #2 (10,250 Gallons) and Unleaded (5,250 Gallons); Coles Petroleum (Dyed Diesel #2 $2.1825 and Unleaded $2.3277); Harms Oil (Dyed Diesel #2 $2.2408 and Unleaded $2.3139); Vollan Oil (Dyed Diesel #2 $2.1375 and Unleaded $2.309); Olson Oil and Howes Oil, both no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: June 1, 2021: Unleaded (3,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.313. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Sioux Falls School District, 2414 W. McClellan, Parcel #40085, for 2020 property taxes in the amount of $1,311.85. Reason: The property is exempt from the tax. 10. Sioux Falls School District, 2418 W. McClellan, Parcel #76322, for 2020 property taxes in the amount of $2,105.36. Reason: The property is exempt from the tax. 11. City of Sioux Falls, Lot 1 Block 1 Willow Addition, Parcel #64142, for 2020 property taxes in the amount of $829.80. Reason: The property is exempt from the tax. 12. Parcel #89799, for 2020 property taxes in the amount of $3,170.58. Reason: Applicant qualifies for exemption under SDCL 10-4-24.11. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE DEFINITION OF MOTORIZED FOOT SCOOTER; AND ESTABLISHING A NEW CHAPTER 125: MOTORIZED FOOT SCOOTERS. Sponsors: Council Members Jensen and Erickson A motion was made by Council Member Jensen and seconded by Council Member Erickson to withdraw Item 14. Roll call vote to withdraw. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, IMPLEMENTING A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES. Recommendation: Set a date of 2nd Reading for Tuesday, June 15, 2021. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, June 15, 2021 for Item 15. Roll call vote to set a date of 2nd Reading. 5 Yes: Erickson, Jensen, Neitzert, Selberg, Soehl; 2 No: Starr, Brekke. Motion Passed. 16. 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 TO ESTABLISH THE REGULATORY OVERSIGHT COMMITTEE AND REORGANIZE THE EXISTING STANDING COMMITTEES OF THE CITY COUNCIL. Recommendation: Set a date of 2nd Reading for Tuesday, June 15, 2021. Sponsors: Council Members Erickson and Soehl A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, June 15, 2021 for Item 16. Roll call vote to set a date of 2nd Reading. 6 Yes: Starr, Erickson, Jensen, Neitzert, Selberg, Soehl; 1 No: Brekke. Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 014390-2021—MCCONAHAY ADDITION Private Applicant(s): Aaron Norman; c/o Barbara McConahay A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 62-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 62-21 ANNEXATION 014390-2021—MCCONAHAY 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 W. Maple St. 4. Sanitary sewer will need to be extended from the existing main. 5. City water is available from either Valley View Rd. or Eagles Nest Ave. 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: McConahay Addition in the SE1/4 NW1/4 of Section 11, Township 101 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: 06/08/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 014358-2021—VAN BEEK'S ADDITION Private Applicant(s): Allen Development; c/o Van Beek Family A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 63-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 63-21 ANNEXATION 014358-2021—VAN BEEK’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 Six Mile Rd. 4. Sanitary sewer will need to be extended from the existing main. 5. City water is available. 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: Van Beek’s Tract, an Addition in the NW1/4 of Section 20, Township 101N, Range 48 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: 06/08/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 19. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED May 31, 2021. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Scott Ehrisman spoke about the following governing rules: keeping things simple; transparency/openess; and common sense. Dennis Haugan spoke about Sioux Falls being a well run city. Cody Ingle, Vice President of Sioux Falls Pride, read a Proclamation for Pride Month. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Brekke to adjourn at 7:03 p.m. Roll call vote to adjourn. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, June 8, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member Pat Starr Council Member Janet Brekke 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 Mayor Paul TenHaken 2. INVOCATION  Dorothy Terhorst, Direct Line Partner 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 1, 2021  Regular City Council Meeting of Tuesday, June 1, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 4, 2021. 7. Report of Requests for Quotes for Fuel dated: May 27, 2021; Dyed Diesel #2 (10,250 Gallons) and Unleaded (5,250 Gallons); Coles Petroleum (Dyed Diesel #2 $2.1825 and Unleaded $2.3277); Harms Oil (Dyed Diesel #2 $2.2408 and Unleaded $2.3139); Vollan Oil (Dyed Diesel #2 $2.1375 and Unleaded $2.309); Olson Oil and Howes Oil, both no bid. Bid awarded to: Vollan Oil. 8. Report of Requests for Quotes for Fuel dated: June 1, 2021: Unleaded (3,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.313. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Sioux Falls School District, 2414 W. McClellan, Parcel #40085, for 2020 property taxes in the amount of $1,311.85. Reason: The property is exempt from the tax. 10. Sioux Falls School District, 2418 W. McClellan, Parcel #76322, for 2020 property taxes in the amount of $2,105.36. Reason: The property is exempt from the tax. 11. City of Sioux Falls, Lot 1 Block 1 Willow Addition, Parcel #64142, for 2020 property taxes in the amount of $829.80. Reason: The property is exempt from the tax. 12. Parcel #89799, for 2020 property taxes in the amount of $3,170.58. Reason: Applicant qualifies for exemption under SDCL 10-4-24.11. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE VII: TRAFFIC CODE AND CHAPTER 95: PARKS AND RECREATION TO PROVIDE FOR THE DEFINITION OF MOTORIZED FOOT SCOOTER; AND ESTABLISHING A NEW CHAPTER 125: MOTORIZED FOOT SCOOTERS. Sponsors: Council Members Jensen and Erickson (This item will be withdrawn by the sponsor.) ORDINANCE FIRST READINGS 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, IMPLEMENTING A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES. Recommendation: Set a date of 2nd Reading for Tuesday, June 15, 2021. Sponsor: Mayor 16. 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 TO ESTABLISH THE REGULATORY OVERSIGHT COMMITTEE AND REORGANIZE THE EXISTING STANDING COMMITTEES OF THE CITY COUNCIL. Recommendation: Set a date of 2nd Reading for Tuesday, June 15, 2021. Sponsors: Council Members Erickson and Soehl HEARINGS AND RESOLUTIONS 17. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 014390-2021—MCCONAHAY ADDITION Private Applicant(s): Aaron Norman; c/o Barbara McConahay 18. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 014358-2021—VAN BEEK'S ADDITION Private Applicant(s): Allen Development; c/o Van Beek Family REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 19. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED May 31, 2021. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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