City Council Meeting

MINUTES City Council Meeting Tuesday, July 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 Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist 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. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 6, 2021  Regular City Council Meeting of Tuesday, July 6, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated July 9, 2021. 7. Report of Requests for Quotes for Fuel dated: June 30, 2021: Unleaded (2,500 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 $2.4315. REGULAR AGENDA 8. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Ordinance No. 79-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 10. 2nd Reading: AN ORDINANCE APPROVING THE ANNUAL RATE INCREASE PURSUANT TO THE FRANCHISE AGREEMENT FOR GROUND AMBULANCE SERVICE FOR THE CITY OF SIOUX FALLS WITH PARAMEDICS LOGISTICS SOUTH DAKOTA, LLC. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 80-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE LINK TRIAGE CENTER BUILDING IMPROVEMENTS AND OPERATING SUPPORT FROM STATE GRANT PROCEEDS. ($800,000) Recommendation: Set a date of 2nd Reading for Tuesday, July 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, July 20, 2021 for Item 11. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING PERMANENT EASEMENTS. Recommendation: Set a date of 2nd Reading for Tuesday, July 20, 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, July 20, 2021 for Item 12. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS SURPLUS AND APPROVING GRATUITOUS TRANSFER OF REAL PROPERTY BY GIFT AGREEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, July 20, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, July 20, 2021 for Item 13. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 14. A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 71-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 71-21 A RESOLUTION DETERMINING IT ADVISABLE AND TO THE BEST INTEREST OF THE PUBLIC TO GRATUITOUSLY CONVEY WITHOUT PAYMENT CERTAIN REAL PROPERTY OWNED BY THE CITY. WHEREAS, pursuant to SDCL Chapter 6-5, any political subdivision may convey and transfer any real property which is owned by it which is not held for public use or which  is about to be abandoned for public purposes to a nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the nonprofit corporation to pay for the property; WHEREAS, the City owns the real property with legal description of: Lot B1 of Sandy Creek Addition to the City of Sioux Falls, Minnehaha County, South Dakota NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the real property with legal description of Lot B1 of Sandy Creek Addition to the City of Sioux Falls, Minnehaha County, South Dakota, is not held for public use or is about to be abandoned for public purposes; It is further resolved that it is deemed advisable and to the best interest of the public to gratuitously convey without payment to convey and transfer all or a portion of the above-described real property to Veterans Community Project, Inc., a nonprofit corporation subject to the condition that the real property be used for public, charitable, or humanitarian purposes and accommodation; It is further resolved that the City is hereby directed to convey and transfer all or a portion of the described herein real property to Veterans Community Project, Inc. consistent with the provisions of SDCL Chapters 6-5 and 6-13 and pursuant to Section 2.12(7) of the City Charter and approved Gift Agreement. Date adopted: 07/13/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 15. A RESOLUTION APPROVING THE RELEASE OF A TELEPHONE EASEMENT LOCATED IN HOWE’S TRACT 2A, AN ADDITION TO THE CITY OF SIOUX FALLS; AND TRACT 1 OF HOWE’S 5TH ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 72-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 72-21 A RESOLUTION APPROVING THE RELEASE OF A TELEPHONE EASEMENT LOCATED IN HOWE’S TRACT 2A, AN ADDITION TO THE CITY OF SIOUX FALLS; AND TRACT 1 OF HOWE’S 5TH ADDITION TO THE CITY OF SIOUX FALLS, ALL IN MINNEHAHA COUNTY, SOUTH DAKOTA.  WHEREAS, the City of Sioux Falls, South Dakota, no longer needs the telephone easement 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 telephone easement was established by plat and filed in Book 51 of Plats on page 67 in the office of the Register of Deeds for Minnehaha County, SD, on May 18, 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the telephone easement, as shown on attached Exhibit A, and affecting the real property described as Howe’s Tract 2A, an Addition to the City of Sioux Falls; and Tract 1 of Howe’s 5th Addition to the City of Sioux Falls, all in Minnehaha County, SD, 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: 07/13/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 16. A RESOLUTION VACATING A PORTION OF NORTH POWDERHOUSE ROAD RIGHT OF WAY LYING ADJACENT TO BELOW SAID PROPERTIES, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, August 10, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of hearing for Tuesday, August 10, 2021 for Item 16. Roll call vote to set a date of hearing. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about parking fines. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Jensen to adjourn at 6:39 p.m. Voice vote to adjourn. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk