City Council Meeting

MINUTES City Council Meeting Tuesday, August 10, 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke (via telecom), Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Jeff Svennes, Direct Line Prayer Center Partner 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Katie Barnes CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Item 2 from Agenda Item 7 on the Regular Agenda for Council Discussion (2; Health; COVID-19 Vaccination Hesitancy Study Agreement; Augustana University; $50,000). See Agenda Item 7 for action taken. 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: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES   Budget Hearings of Tuesday, August 3, 2021  Regular City Council Meeting of Tuesday, August 3, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated August 6, 2021. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Sub-Item 2 from Agenda Item 7. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 8. Report of Requests for Quotes for Fuel dated July 28, 2021; Dyed Diesel #2 (7,500 Gallons); Coles Petroleum ($2.262); and CHS, no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated: August 3, 2021: Unleaded (8,500 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 $2.4771. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Sub-Item 2 from Agenda Item 7 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF EASEMENT FOR SANITARY SEWER. Private Applicant(s): Smithfield Packaged Meats Corp. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 91-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Recommendation: Set a date of 2nd Reading for Tuesday, August 17, 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, August 17, 2021 for Item 12. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 51: UTILITY RATES AND CHARGES, PERTAINING TO WATER CUSTOMERS OUTSIDE THE CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Tuesday, August 17, 2021. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, August 17, 2021 for Item 13. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks & Recreation, $800,000; General Fund - Transfers to Sales/Use Tax Fund, $3,012,500; Fire Rescue, $2.5M; Parks & Recreation, $512,500; General Fund - Transfers to Housing Fund, $3M; Housing, $500,000; General Fund - Transfers to Centralized Facilities Fund, $2M; Sales/Use Tax Fund - Transfers to Centralized Facilities Fund, $900,000; Highways & Streets, $1.25M; Entertainment Venues - Washington Pavilion, $4.6M and $1.4M; Health, $100,000) Recommendation: Set a date of 2nd Reading for Tuesday, August 17, 2021. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 17, 2021 for Item 14. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR RIVER GREENWAY IMPROVEMENTS. ($7M) Recommendation: Set a date of 2nd Reading for Tuesday, August 17, 2021. Sponsor: Mayor  A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 17, 2021 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 16. A RESOLUTION VACATING A PORTION OF NORTH POWDERHOUSE ROAD RIGHT OF WAY LYING ADJACENT TO BELOW SAID PROPERTIES, AS SHOWN ON EXHIBIT A. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 80-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 80-21 A RESOLUTION VACATING A PORTION OF NORTH POWDERHOUSE ROAD RIGHT-OF-WAY LYING ADJACENT TO BELOW SAID PROPERTIES, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate section line right–of-way has been filed by the owners of the following described property: A portion of the East Half of the Southeast Quarter of Section 12, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota A portion of Government Lot 2 of the Southwest Quarter of Section 7, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota WHEREAS, the hearing was held on August 10, 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 North Powderhouse Road right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, 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: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 81-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 81-21 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2022. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 10th day of August, 2021, and that the entire assessment may be paid without interest to the City Finance Office on or before September 9, 2021. Thomas Greco, City Clerk 18. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Resolution No. 82-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 82-21 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REPAIR OR DEMOLITION OF REAL PROPERTY IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for repair or demolition of real property in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2022. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 10th day of August, 2021, and that the entire assessment may be paid without interest to the City Finance Office on or before September 9, 2021. Thomas Greco, City Clerk 19. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 83-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 83-21 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for snow removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2022. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 10th day of August, 2021, and that the entire assessment may be paid without interest to the City Finance Office on or before September 9, 2021. Thomas Greco, City Clerk 20. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor  A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 84-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 84-21 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for litter removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2022. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 10th day of August, 2021, and that the entire assessment may be paid without interest to the City Finance Office on or before September 9, 2021. Thomas Greco, City Clerk 21. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 85-21.  A motion was made by Council Member Starr and seconded by Council Member Neitzert to amend by striking No. 86. Roll call vote to amend. 3 Yes: Selberg, Starr, Brekke; 5 No: Soehl, Erickson, Jensen, Kiley, Neitzert. Motion Failed. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 85-21 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 3 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2022. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 10th day of August, 2021, and that the entire assessment may be paid without interest to the City Finance Office on or before September 9, 2021. Thomas Greco, City Clerk 22. A RESOLUTION SUPPORTING THE CANDIDACY OF BILL O’TOOLE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA).  Sponsor: Mayor Mayor TenHaken passed the gavel to Council Chair Soehl. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 86-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 86-21 A RESOLUTION SUPPORTING THE CANDIDACY OF BILL O’TOOLE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE (SDPAA). WHEREAS, the City of Sioux Falls is a member of the SDPAA, which is a risk-sharing pool comprised primarily of South Dakota cities and counties; and WHEREAS, the City of Sioux Falls former Risk Manager, Michael Hall, resigned his board role on July 17, 2020, and Bill O’Toole subsequently was supported to fulfill the unexpired term of Mike Hall through 2021; and WHEREAS, the Risk Management function is aligned with the Human Resources Department; and WHEREAS, it is in the best interest of the City of Sioux Falls to seek and maintain this representation on the Board of Directors of the SDPAA; and WHEREAS, the SDPAA board member eligibility rules require the candidacy of a nonelected official to be supported by a resolution of the governing board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City Council hereby supports the candidacy of the Human Resources Director, Bill O’Toole, for a continuing term of office on the Board of Directors of the SDPAA. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk Council Chair Soehl passed the gavel back to Mayor TenHaken. 23. A RESOLUTION APPROVING THE RELEASE OF PART OF A 20-FOOT PERMANENT DRAINAGE EASEMENT LOCATED IN TRACT 3 & TRACT 5 OF EMERY ACRES, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. Private Applicant(s): Sayre Associates  A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 87-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 87-21 A RESOLUTION APPROVING THE RELEASE OF PART OF A 20-FOOT PERMANENT DRAINAGE EASEMENT LOCATED IN TRACT 3 & TRACT 5 OF EMERY ACRES, AN ADDITION TO THE CITY OF SIOUX FALLS, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the 20-footn permanent drainage 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; and WHEREAS, the 20-foot permanent drainage easement was established by plat and filed in Book 1 of Plats on page 45 in the office of the Register of Deeds for Lincoln County, SD, on April 23, 2007, and was reaffirmed by plat and filed in Book 8 of Plats on page 141 in the Register of Deeds for Lincoln County, SD, on September 19, 2014; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the 20-foot permanent drainage easement area, as shown on attached Exhibit A, and affecting the real property described as Tract 3 and Tract 5 of Emery Acres, an Addition to the City of Sioux Falls, Lincoln County, SD, 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: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION REAPPOINTING AN AUDIT COMMITTEE MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE. Sponsors: Council Members Soehl and Kiley A motion was made by Council Member Kiley and seconded by Council Member Soehl to adopt Resolution No. 88-21. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 88-21  A RESOLUTION REAPPOINTING AN AUDIT COMMITTEE MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following member to serve on the Audit Committee pursuant to Sections 32.017 and 32.018 of the Code of Ordinances of Sioux Falls, SD: Name Committee Term Tony Goettsch Audit Committee Reappointed for a term from September 2021 to August 2024. Date adopted: 08/10/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Oz Angel spoke about treatment of citizens, public input timelimits, housing and rent control, and replacing public officials. David Zokiates spoke about creating crime. ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Kiley to adjourn at 7:33 p.m. Roll call vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk