City Council Meeting

MINUTES City Council Meeting Tuesday, January 11, 2022 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr (arr. 6:06 p.m.), Council Member Janet Brekke, Council Member Christine M. Erickson (arr. 6:03 p.m. via telecom), Council Member Alex Jensen, Council Member Rick Kiley (via telecom) Absent: Mayor Paul TenHaken 2. INVOCATION  Rev. Constanze Hagmaier, Bishop of the South Dakota Synod, ELCA 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Nicole Bissell-Hovdestad The award will be presented at a future meeting. 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. 6 Yes: Neitzert, Selberg, Soehl, Brekke, Jensen, Kiley; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 4, 2022   Regular City Council Meeting of Tuesday, January 4, 2022 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated January 7, 2022. 8. Notice of change orders on the memorandum dated January 7, 2022. 9. Approval of a request from Jennifer Smith and Tristan Weber to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, 200 W. Sixth St., on September 17, 2022, for the following purpose: wedding. 10. Approval of a request from Aaron and Mindy Jorgensen to consume, but not sell, wine, beer, and liquor at The Old Courthouse Museum, on January 21, 2022, for the following purpose: wedding celebration. 11. Report of Requests for Quotes for Fuel dated December 30, 2021; Dyed Diesel #1 (1,750 Gallons), Dyed Diesel #2 (1,750 Gallons), and Unleaded (4,500 Gallons); Coles Petroleum (Dyed Diesel #1 $2.6532, Dyed Diesel #2 $2.4286, and Unleaded $2.5036); CHS Oil (Dyed Diesel #1 $2.70, Dyed Diesel #2 $2.47, and Unleaded $2.595); Howes Oil and Olson Oil, all no bid. Bid awarded to: Coles Petroleum. 12. Report of Requests for Quotes for Fuel dated January 3, 2022; Unleaded (2,250 Gallons); Vollan Oil (Unleaded $2.5469); Howes Oil, Harms Oil, CHS Oil, Coles Petroleum, and Olson Oil, all no bid. Bid awarded to: Vollan Oil. APPLICATIONS 13. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit G. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 14. Parcel #59531, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 15. Whisper Ridge South, LLC, Parcel #283.05.09.004, for 2020 property taxes in the amount of $1,848.84. Reason: Improvements of any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. REGULAR AGENDA 16. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Jensen and seconded by Council Member Neitzert to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 17. RECONSIDERATION OF 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. (The ordinance was originally adopted at the meeting of Tuesday, December 21, 2021; the City Council adopted a motion to reconsider said ordinance at the meeting of Tuesday, January 4, 2022, with formal action to be taken at the meeting of Tuesday, January 11, 2022.) Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Brekke and seconded by Council Member Starr to adopt Ordinance No. 6-22. A motion was made by Council Member Brekke and seconded by Council Member Starr to amend Section 39.036 (b) by: striking "APPOINTIVE OFFICERS" and inserting "DEPARTMENT HEAD" in the section title; AND by re-labeling (b) to (a); AND by striking the portion of the first sentence of the new subparagraph (a) through and by inserting: "or absence of reappointment, or resignation in good standing" between "appointive office" and "be returned"; "civil service" between "former" and "position"; and, "grade and classification" between "pay" and "as an employee"; AND by striking paragraph "(c)". Roll call vote to amend. 3 Yes: Soehl, Brekke, Kiley; 5 No: Neitzert, Selberg, Starr, Erickson, Jensen. Motion Failed. Roll call vote to adopt. 6 Yes: Selberg, Soehl, Starr, Erickson, Jensen, Kiley; 2 No: Neitzert, Brekke. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE BETWEEN THE CITY OF SIOUX FALLS AND ZEAL D/B/A STARTUP SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Ordinance No. 7-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED JOINT ZONING ORDINANCE FOR LINCOLN COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY LEGALLY DESCRIBED AS W1/2 NE1/4 (EX. S 247.5' AND W 24.75' THEREOF), SECTION 22-T100N-R49W, LINCOLN COUNTY, SD, FROM THE “A-1” AGRICULTURAL DISTRICT TO THE “RR” RURAL RESIDENTIAL DISTRICT. (The Sioux Falls Planning Commission vote to recommend approval failed 0-7; the Lincoln County Commission vote to recommend approval failed 0-4). Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Lincoln County Commission Meeting of Tuesday, January 25, 2022. Private Applicant(s): JSA Consulting Engineers/Land Surveyors - John Desens A motion was made by Council Member Neitzert and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, January 25, 2022 for Item 19. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 20. 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. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 1-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 1-22 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. WHEREAS, a petition to vacate section line right-of-way has been filed by the owners of the following described property: Tracts 1, 2 and 3 of Sioux Falls Public Safety Campus Addition, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota The South Half of the Southwest Quarter of the Southwest Quarter (S 1/2 SW 1/4 SW 1/4) of Section 25, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, South Dakota  WHEREAS, the hearing was held on January 11, 2022, 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 N. Sycamore Ave. 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, SD, a duly certified transcript of this resolution. Date adopted: 01/11/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 21. A RESOLUTION APPROVING THE RELEASE OF A BUS STOP SHELTER EASEMENT LOCATED IN LOT 2 OF WESTERN MALL SUBDIVISION OF PART OF TRACTS 1, 9, & 28 OF COUNTY AUDITOR’S SUBDIVISION OF THE E1/2 & E1/2W1/2 OF SECTION 31, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT LOT H1, LOT H2, LOT H3 AND LOT H4 CONTAINED THEREIN. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Brekke to adopt Resolution No. 2-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. RESOLUTION NO. 2-22 A RESOLUTION APPROVING THE RELEASE OF A BUS STOP SHELTER EASEMENT LOCATED IN LOT 2 OF WESTERN MALL SUBDIVISION OF PART OF TRACTS 1, 9, & 28 OF COUNTY AUDITOR’S SUBDIVISION OF THE E1/2 & E1/2W1/2 OF SECTION 31, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, EXCEPT LOT H1, LOT H2, LOT H3 AND LOT H4 CONTAINED THEREIN. WHEREAS, the City of Sioux Falls, SD, no longer needs the bus stop shelter 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 bus stop shelter easement was established by bus stop shelter easement and filed in Book 242 of Miscellaneous on page 3 in the office of the Register of Deeds for Minnehaha County, SD, on March 25, 2002; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That it approves the release of the bus stop shelter easement, as shown on attached Exhibit A, and affecting the real property described as Lot 2 of Western Mall Subdivision of part of Tracts 1, 9, & 28 of County Auditor’s Subdivision of the E1/2 & E1/2W1/2 of Section 31, Township 101 North, Range 49 West of the 5th P.M., City of Sioux Falls, Minnehaha County, South Dakota, except Lot H1, Lot H2, Lot H3 and Lot H4 contained therein 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: 1/11/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Scott Ehrisman spoke about e-recreational vehicles. Chester Deyoung spoke about his concerns in regard to Taylor Street. Barb Lucien read a letter from Deanna Streeter, and spoke on behalf of herself, in regards to Taylor Street. Elizabeth Archer spoke about issues surrounding Taylor Street. Lynette Buckmiller spoke about Grant Street and issues surrounding it. Jeff Maroon spoke about issues regarding Taylor Street. Sierra Broussard spoke about T. Denny Sanford and the need for the Taylor Street residents to have a neighborhood association. Diane Deyoung spoke about issues regarding Grant Street. David Zokaites spoke about smoother roads. Kim Maroon spoke about issues regarding Taylor Street. Chad Bishop spoke about issues surrounding COVID. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adjourn at 8:06 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk