City Council Meeting

MINUTES City Council Meeting Tuesday, October 12, 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 Rick Kiley, 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 Absent: Mayor Paul TenHaken 2. INVOCATION  Dr. Ron Tottingham, Sioux Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Don and Andy Rose 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: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 5, 2021  Regular City Council Meeting of Tuesday, October 5, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated October 8, 2021. 8. Notice of change orders on the memorandum dated October 8, 2021. 9. Report of Requests for Quotes for Fuel dated September 30, 2021; Dyed Diesel #2 (13,500 Gallons); Coles Petroleum ($2.4986); Vollan Oil ($2.4495); Howes Oil, Olson Oil, and CHS, all no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: September 30, 2021: Unleaded (2,000 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 $2.4567. 11. Report of Requests for Quotes for Fuel dated: October 4, 2021: Unleaded (8,000 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 $2.5039. 12. Approval of a request from Connor Auch and Courtney Graanstra to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. Sixth St., on December 11, 2021, for the following purpose: marriage celebration. REGULAR AGENDA 13. 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: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 14. 2nd Reading: Deferred from the Meeting of Tuesday, October 5, 2021; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF S. DARYL PL. AND S. HIGHLINE AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND C-3 COMMERCIAL— COMMUNITY DISTRICTS TO THE CN CONSERVATION AND LW LIVE-WORK DISTRICTS, NO. 14961-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Legacy Development & Consulting Company, LLC - Daren Ketcham  A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 125-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 15. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 62-21. ANNEXATION LEGAL DESCRIPTION CORRECTION 14390-2021Tract 1 McConahay Addition Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 114-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 114-21 ANNEXATION LEGAL DESCRIPTION CORRECTION 14390-2021 Tract 1 McConahay Addition A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 62-21. WHEREAS, on June 8, 2021, the City Council of the City of Sioux Falls adopted Resolution No. 62-21 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 62-21 was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 62-21 hereby is amended to read as follows: Tract 1 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, SD, a duly certified transcript of this resolution. Date adopted: 10/12/21 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk 16. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 014648-2021—MCGEE ADDITION Private Applicant(s): Signature Homes A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 115-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 115-21 ANNEXATION 014648-2021—MCGEE 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 N. Marion Rd. 4. Sanitary sewer will need to be extended from the existing main within Marion Rd. 5. City water is available for connection at Benson Rd., Cushman St., and 34th St. N. 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: The Northeast Quarter (NE1/4) of Section 2, Township 101 North, Range 50 West, of the 5th PM, Minnehaha County, South Dakota, and Lot 2 of the Replat of McGee Tract 1, NE1/4, Sec. 2, T101N, R50W, Minnehaha County, South Dakota; except Reppert’s 1st Addition in Sec. 2, T101N, R50W, except  Raml Tract, an addition in the NE1/4 NE1/4 of Sect. 2, T101N, R50W, except Lot H1 in the NE1/4 of Sect. 2, T101N, R50W, and except Lot 1 of the Replat of McGee Tract 1, NE1/4, Sect. 2, T101N, R50W, all in 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: 10/12/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015094-2021—TRACT B JOHNSON’S ADDITION Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 116-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 116-21 ANNEXATION 015094-2021—TRACT B JOHNSON’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; and WHEREAS, there has been an analysis completed regarding 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 E. 57th St. 4. City water is currently available for the proposed annexation area. 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, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Tract B in Johnson’s Addition in the NW1/4 of the SE1/4 of Section 9, Township 100 North, Range 49 West of the 5th PM, Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 10/12/21 . 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 013536-2020—ROCKY RIDGE ADDITION Private Applicant(s): Alex Augustad A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 117-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 117-21 ANNEXATION 013536-2020—ROCKY RIDGE 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 regarding 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. 12th St. 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: The West 165' of the East 495', in the NW1/4 NE1/4 of Section 22, Township 101 North, Range 50 West, of 5th P.M. (except H-2, Lot P-1 and Rocky Ridge Addn.) all in Minnehaha County, South Dakota. 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: 10/12/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015085-2021—TRACT 1& 2 LAMMERS ADDITION Private Applicant(s): Michael Lammer A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 118-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 118-21 ANNEXATION 015085-2021—TRACT 1& 2 LAMMERS 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; and WHEREAS, there has been an analysis completed regarding 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 Ellis Road. 4. Resolution 106-01 West Side Sanitary Sewer cost recovery will be owed at the time of final platting. Current 2021 rate is $2,200.88/acre. 5. City water is currently available for the proposed annexation area at 48th St. 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, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Tract 1 & Tract 2 Lammers Addition in the S1/2 NE 1/4 of Section 33, Township 101 North, Range 50 of the 5th P.M., Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 10/12/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION APPROVING THE RELEASE OF AN ACCESS EASEMENT LOCATED IN TRACT 1, SECHSER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 119-21. A motion was made by Council Member Kiley and seconded by Council Member Jensen to amend by replacing Exhibit A, dated October 4, 2021, with the new Exhibit A, dated October 12, 2021. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 119-21 A RESOLUTION APPROVING THE RELEASE OF AN ACCESS EASEMENT LOCATED IN TRACT 1, SECHSER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, South Dakota, no longer needs the access 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 access easement was established by permanent sanitary sewer easement and filed in Book 234 of Miscellaneous on page 280 in the office of the Register of Deeds for Minnehaha County, SD, on January 5, 1999; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the access easement, as shown on attached Exhibit A, and affecting the real property described as Tract 1, Sechser Addition to the City of Sioux Falls, Minnehaha County, South Dakota, 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: 10/12/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT LOCATED IN TRACT 2 AND TRACT 5 OF SCHERSCHLIGT ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 120-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 120-21 A RESOLUTION APPROVING THE RELEASE OF A SANITARY SEWER EASEMENT LOCATED IN TRACT 2 AND TRACT 5 OF SCHERSCHLIGT ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs the sanitary sewer 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; and WHEREAS, the sanitary sewer easement was established by plat and filed in Book 68 of Plats on page 18 in the office of the Register of Deeds for Minnehaha County, SD, on February 3, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the sanitary sewer easement, as shown on attached Exhibit A, and affecting the real property described as Tract 2 and Tract 5 of  Scherschligt Addition to the City of 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: 10/12/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 22. A RESOLUTION APPROVING THE VACATION OF A 33-FOOT-WIDE AND 1,271.47- FOOT-LONG SERVICE ROAD IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. Private Applicant(s): Split Rock Township A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 121-21. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. RESOLUTION NO. 121-21 A RESOLUTION APPROVING THE VACATION OF A 33-FOOT-WIDE AND 1,271.47- FOOT-LONG SERVICE ROAD IN SPLIT ROCK TOWNSHIP, MINNEHAHA COUNTY, SD. WHEREAS, a petition was filed with Split Rock Township requesting that the following 33-foot-wide and 1,271.47-foot-long Service Road be vacated: That 33-foot-wide and 1,271.47-foot-long Service Road lying adjacent to Tract 4 of Willow Ridge Addition, an addition in the Northwest Quarter (NW1/4) of Section 17, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South Dakota, as shown on that recorded Plat in Book 79 of Plats, page 48, on March 1, 2017; and WHEREAS, notice of hearing was given by Split Rock Township pursuant to SDCL § 31-3-7; and WHEREAS, the Split Rock Township Board of Supervisors approved said petition by and through its Resolution 21-6; and WHEREAS, the above-described Service Road lies within the extraterritorial boundaries of the city of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL § 31-3-44, the City approves the vacation of the above- described Service Road.  That the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a transcript of such duly certified resolution. Date adopted: 10/12/21 . 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) 23. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED September 30, 2021. NEW BUSINESS GENERAL PUBLIC INPUT Sierra Broussard spoke about issues with the staff and patrons of the Bishop Dudley House. Catherine Riffle spoke about issues with the staff and patrons of the Bishop Dudley House; and protecting one another. Chad Bishop spoke about possible reasons for COVID vaccine hesitancy. Yvonne Oliver spoke about God and redemption. Linda Oliver spoke about why people should not get a COVID vaccine. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Jensen to adjourn at 6:40 p.m. Roll call vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk