City Council Meeting

MINUTES City Council Meeting Tuesday, November 9, 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 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, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Ryan Lumley, Church at the Gate 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. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 2, 2021  Regular City Council Meeting of Tuesday, November 2, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 5, 2021. 7. Report of Requests for Quotes for Fuel dated: October 29, 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 $2.6754. 8. Report of Requests for Quotes for Fuel dated November 1, 2021; Dyed Diesel #1 (4,500 Gallons) and Unleaded (3,500 Gallons); Coles Petroleum (Dyed Diesel $2.73 and Unleaded $2.71); Farstad (Dyed Diesel $2.648 and Unleaded $2.676); Harms Oil (Dyed Diesel $2.8361 and Unleaded $2.7112); Vollan Oil (Dyed Diesel $2.776 and Unleaded $2.6687); Howes Oil, Olson Oil, and CHS, all no bid. Bid awarded to: Farstad Oil. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Soehl to amend by placing agenda Item 22 immediately before agenda Item 10. Roll call vote to amend. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS Item 22 was heard at this time. See item for action taken. 10. 2nd Reading: Deferred from the Meeting of Tuesday, November 2, 2021; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 15101-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Empire Homes-Brady Hyde A motion was made by Council Member Soehl and seconded by Council Member Jensen to defer Item 10 to the meeting of Tuesday, November 16, 2021. Roll call vote to defer. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER VACANT BUILDINGS. Sponsors: Council Members Soehl and Erickson A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 137-21. A motion was made by Council Member Soehl and seconded by Council Member Kiley to amend by inserting the following sentence at the end of paragraph (a) "Thereafter, if any property remains vacant, the subsequent annual fee shall increase by $1,000 increments each year". Roll call vote to amend. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 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 ADOPTING THE 2021 INTERNATIONAL BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 12. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 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 ADOPTING THE 2021 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 13. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE AND THE 2021 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS THERETO.  Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 14. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE INTERNATIONAL SWIMMING POOL AND SPA CODE. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 16. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL FIRE CODE AND AMENDMENTS THERETO. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 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, November 16, 2021 for Item 17. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND, IN ONE OR MORE SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE  CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $123,000,000. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 18. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Highways and Streets, $3.3M) Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 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, November 16, 2021 for Item 19. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 20. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 57: GARBAGE AND RECYCLYING OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO THE COLLECTION REGULATIONS. Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 20. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER DEFINITIONS. The Planning Commission recommends approval (7-0). Recommendation: Set a date of 2nd Reading for Tuesday, November 16, 2021. Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, November 16, 2021 for Item 21. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 22. Deferred from the Meeting of Tuesday, November 2, 2021; A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 41ELLIS ADDITION (14832-2021). The Planning Commission recommends approval (6-0). Private Applicant(s): 41Ellis, LLC A motion was made by Council Member Starr and seconded by Council Member Soehl to defer to the meeting of Tuesday, November 16, 2021. Roll call vote to defer. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 23. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 015127- 2021—RIGGS ADDITION Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 128-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 128-21 ANNEXATION 015127-2021—RIGGS ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. 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 E. Madison St. 4. Sanitary sewer will need to be extended from the existing main. 5. City water is available located adjacent to the property indicated on Madison St. and the intersection of Paddington St. and Veterans Pkwy.  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: E1/2 SW1/4 (ex H-2 & EX TR1 Strunk Addn) of Section 7, Township 101 North, 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, SD, a duly certified transcript of this resolution. Date adopted: 11/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 24. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 015201- 2021—STRUNK ADDITION Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 129-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 129-21 ANNEXATION 015201-2021—STRUNK ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. 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: 6. The property has been properly described and is contiguous to the current city limits. 7. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 8. There is access to the major street network along E. Madison St.  9. Sanitary sewer will need to be extended from the existing main. 10. City water is available located adjacent to the property indicated on Madison 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, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 1 of Strunk Addition in the E1/2 of the SW1/4 of Section 7, Township 101 North, 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, SD, a duly certified transcript of this resolution. Date adopted: 11/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 25. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 015010-2021—MLADY ADDITION Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 130-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 130-21 ANNEXATION 015010-2021—MLADY 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: 11. The property has been properly described and is contiguous to the current city limits.  12. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 13. There is access to the major street network along LeMesa Dr. 14. Sanitary sewer will need to be extended from the existing main. 15. City water is available from 5th St. and LeMesa Dr. 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: Tract 1 of Songbird 2nd Addition in the NE1/4 of Section 15, Township 101 North, Range 50 West of the 5th P.M., Minnehaha County, SD 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: 11/09/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 26. A RESOLUTION APPROVING THE RELEASE OF THE WATER MAIN EASEMENT LOCATED IN LOT B1 SANDY CREEK ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 127-21. Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 127-21 A RESOLUTION APPROVING THE RELEASE OF THE WATER MAIN EASEMENT LOCATED IN LOT B1 SANDY CREEK ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the water main 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 water main easement was established by plat and filed in Book 58 of Plats on page 278 in the office of the Register of Deeds for Minnehaha County, SD, on December 18, 1996;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the water main easement, as shown on attached Exhibit A, and affecting the real property described as Lot B1 Sandy Creek 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: 11/09/21 . 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) 27. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED October 29, 2021. 28. REPORT OF THE SIOUX FALLS DISTRICTING COMMISSION: PLAN TO ADJUST COUNCIL DISTRICT BOUNDARIES. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Lanny Stricherz spoke about code enforcement. Michael Stangeland spoke about COVID hesitancy. Sierra Broussard spoke about code enforcement. Chad Bishop spoke about COVID. ADJOURNMENT A motion was made by Council Member Kiley and seconded by Council Member Jensen to adjourn at 9:21 p.m. Roll call vote to adjourn. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk