City Council Meeting

MINUTES City Council Meeting Tuesday, December 14, 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 Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Mayor Paul TenHaken Absent: Council Member Christine M. Erickson 2. INVOCATION  Pastor Layne Nelson, East Side Lutheran Church 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: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 7, 2021  Regular City Council Meeting of Tuesday, December 7, 2021 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 10, 2021. 7. Report of Requests for Quotes for Fuel dated December 2, 2021; Dyed Diesel #1 (2,000 Gallons), Dyed Diesel #2 (2,000 Gallons), and Unleaded (6,500 Gallons); Coles  Petroleum (Dyed Diesel #1 $2.4145, Dyed Diesel #2 $2.1632, and Unleaded $2.3092); Howes Oil, CHS Oil, Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Coles Petroleum. REGULAR AGENDA 8. 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. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 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, GRANTING A NONEXCLUSIVE NATURAL GAS FRANCHISE TO MIDAMERICAN ENERGY COMPANY, AN IOWA CORPORATION, TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Neitzert to adopt Ordinance No. 156-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE 15.81 MGD EXPANSION COMMITMENT AGREEMENT BY AND BETWEEN LEWIS & CLARK RURAL WATER SYSTEM, INC. AND THE CITY OF SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 157-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 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 OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Sponsors: Council Members Jensen and Soehl A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Ordinance No. 158-21.  Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, APRIL 12, 2022, AND AUTHORIZING A JOINT ELECTION WITH THE SIOUX FALLS SCHOOL DISTRICT NO. 49-5. Recommendation: Set a date of 2nd Reading for Tuesday, December 21, 2021. Sponsors: Council Members Jensen and Soehl A motion was made by Council Member Jensen and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 21, 2021 for Item 12. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING A CITY CHARTER AMENDMENT FOR THE 2022 APRIL ELECTION UNDER THE AUTHORITY OF CHARTER ARTICLE VIII: CHARTER AMENDMENT, SECTION 8.01(b). Recommendation: Set a date of 2nd Reading for Tuesday, December 21, 2021. Sponsors: Council Members Selberg and Neitzert A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, December 21, 2021 for Item 13. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROPOSING TWO CITY CHARTER AMENDMENTS FOR THE 2022 APRIL ELECTION UNDER THE AUTHORITY OF CHARTER ARTICLE VIII: CHARTER AMENDMENT, SECTION 8.01(b). Recommendation: Set a date of 2nd Reading for Tuesday, December 21, 2021. Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, December 21, 2021 for Item 14. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 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 AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS; SECTION 39.036 APPLICATION TO APPOINTIVE OFFICERS. Recommendation: Set a date of 2nd Reading for Tuesday, December 21, 2021.  Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 21, 2021 for Item 15. Roll call vote to set a date of 2nd Reading. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 1 No: Starr. Motion Passed. HEARINGS AND RESOLUTIONS 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE EXHIBIT A OF RESOLUTION NO. 80-21. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Resolution No. 144-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. RESOLUTION NO. 144-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE EXHIBIT A OF RESOLUTION NO. 80-21. WHEREAS, on August 10, 2021, the City Council of the City of Sioux Falls adopted Resolution No. 80-21 approving the vacation of section line right-of-way; WHEREAS, the Exhibit A set forth in Resolution 80-21 and recorded with the Register of Deeds, Minnehaha County, SD, on September 3, 2021, at 9:05 a.m. in Book 296 of Miscellaneous on page 78, was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following Exhibit B of the section line right-of-way to be vacated replace the Exhibit A in Resolution 80-21 and is hereby amended to read as follows: A RESOLUTION VACATING A PORTION OF NORTH POWDERHOUSE ROAD RIGHT-OF-WAY LYING ADJACENT TO BELOW SAID PROPERTIES, AS SHOWN ON EXHIBIT B. That it approves the vacation of the section line right-of-way as shown on attached Exhibit B, and affecting the real property described as: 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 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: 12/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 118-21. (ANNEXATION LEGAL DESCRIPTION CORRECTION 015085-2021 Tract 1 & Tract 2 Lammers Addition) Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Selberg to adopt Resolution No. 145-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Starr, Brekke; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. RESOLUTION NO. 145-21 ANNEXATION LEGAL DESCRIPTION CORRECTION 015085-2021 Tract 1 & Tract 2 Lammers Addition A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 118-21. WHEREAS, on October 12, 2021, the City Council of the City of Sioux Falls adopted Resolution No. 118-21 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 118-21 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 118-21 hereby is amended to read as follows: Tract 1 & Tract 2 Lammers Addition in the S1/2 NE1/4 of Section 33, Township 101 North, Range 50 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: 12/14/21 . 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 015359-2021—TRACT 1A FISCHENICH ADDITION) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Resolution No. 146-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 146-21 ANNEXATION 015359-2021—TRACT 1A FISCHENICH 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 Minnesota Ave. 4. There is sanitary sewer capacity within the infrastructure. Resolution 106-01 West Side Sanitary Sewer cost recovery will be owed at the time of platting. The 2021 rate is $2200.88/acre. All other platting fees will apply as well. 5. 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 1A Fischenich Addition in the SE1/4 of Section 15, Township 100 North, Range 50 West 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: 12/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 28-21. (ANNEXATION LEGAL DESCRIPTION CORRECTION 013782-2021 SE1/4 SE1/4 SCHWALLER ADDITION) Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 147-21. Roll call vote to adopt. 7 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke; 0 No: (None). Motion Passed. RESOLUTION NO. 147-21 ANNEXATION LEGAL DESCRIPTION CORRECTION 013782-2021 SE1/4 SE1/4 SCHWALLER ADDITION A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 28-21. WHEREAS, on March 9, 2021, the City Council of the City of Sioux Falls adopted Resolution No. 28-21 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 28-21 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 28-21 hereby is amended to read as follows: The South 283' West 300' of the East 425' of the SE1/4 of the SE1/4 of Section 26, Township 102 North, Range 49 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: 12/14/21 .  Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Resolution No. 148-21. Roll call vote to adopt. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. RESOLUTION NO. 148-21 A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls Engineering Design Standards adopted by Resolution 145- 20 are hereby amended by revising Chapter 4, Utility Locations and City Utility Easements; Chapter 8, Street Design and Pavement Thickness; Chapter 11, Drainage Improvements; and Chapter 15, Roadway Lighting. The revised chapters are attached to this resolution by reference. Date adopted: 12/14/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 21. A RESOLUTION VACATING N. SYCAMORE AVE. RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY LINE OF E. 60TH ST. N. TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE 90, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, January 11, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to set a date of hearing for Tuesday, January 11, 2022 for Item 21. Roll call vote to set a date of hearing. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. NEW BUSINESS  There was none. GENERAL PUBLIC INPUT Mayor Paul TenHaken passed the gavel to Council Chair Curt Soehl at this time. Scott Ehrisman spoke about his credentials, the Charter Revision Commission, public input and an open meeting violation, and creating a task force for fixing problems with the Bishop Dudley House. Council Chair Curt Soehl passed the gavel back to Mayor Paul Ten Haken. Sierra Broussard spoke about open meeting violations; the police department, human trafficking and problems with Crime Stoppers; and the upcoming posts of sex offenders on her Facebook page. Mike Zitterich spoke about the Charter Revision Commission, complimented City staff for their work with the commission, and the need to fix public input. Chad Bishop spoke about how the City is well run and COVID mandates and policies. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Brekke to adjourn at 7:46 p.m. Voice vote to adjourn. 6 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Brekke; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk