City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, December 6, 2016, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Greg Neitzert Council Member Rex Rolfing Council Member Marshall Selberg Council Member Pat Starr Council Member Theresa Stehly Council Member Christine M. Erickson Council Member Michelle Erpenbach Council Member Rick Kiley Mayor Mike T. Huether INVOCATION  Pastor Dennis Thomas, Celebrate Church PLEDGE OF ALLEGIANCE A moment of silence was observed for Ethan McMahon and all of the people impacted by the Friday, December 2, 2016, building collapse. PROCLAMATIONS  Human Rights Day - December 10, 2016 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Rex Rolfing and seconded by Council Member Rick Kiley to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0.  Motion Passed. A request was made by Council Member Pat Starr to move the following agreement from Item 1 to the Regular Agenda for discussion purposes: Public Parking, Preconstruction Services and Activities for City Owned Public Parking Project, Agreement for Services, Journey Group Companies, $99,375.00. MINUTES  Informational Meeting of Tuesday, November 15, 2016, at 4 p.m.  City Council Meeting of Tuesday, November 15, 2016, at 7 p.m.  Informational Meeting of Tuesday, November 22, 2016, at 4 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the December 2, 2016, memo. A motion was made by Council Member Pat Starr and seconded by Council Member Michelle Erpenbach to defer the following agreement from Item 1 to the Land Use Committee Meeting on Tuesday, January 17, 2017: Public Parking, Preconstruction Services and Activities for City Owned Public Parking Project, Agreement for Services, Journey Group Companies, $99,375.00. Vote to defer: Roll Call: Yeses, Pat Starr, Theresa Stehly, 2. Noes, Greg Neitzert, Rex Rolfing, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 6. Motion Failed. A motion was made by Council Member Rex Rolfing and seconded by Council Member Greg Neitzert to approve the following agreement from Item 1: Public Parking, Preconstruction Services and Activities for City Owned Public Parking Project, Agreement for Services, Journey Group Companies, $99,375.00. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 7. Noes, Pat Starr, 1. Motion Passed. 2. Approval of the notice of change orders on the December 2, 2016, memo. 3. A memorandum dated November 30, 2016, declaring surplus property. 4. Report of Requests for Quotes for Fuel dated: November 9, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Harms Oil ($1.5541); Cole's Petroleum ($1.5778); Stern Oil ($1.5782); Midway Service ($1.5883); CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Harms Oil. 5. Report of Requests for Quotes for Fuel dated: November 9, 2016; 50/50 Blend of Clear Diesel; 7,500 gallons; Harms Oil ($1.7572 #1 Clear Diesel / $1.8572 #2 Clear Diesel); CHS, Inc., Howe's Oil, and Midwest Oil, all no bid. Bid awarded to: Harms Oil 6. Report of Requests for Quotes for Fuel dated: November 15, 2016; #1 and #2 Dyed Diesel Fuel; 3,750 gallons each; Harms Oil ($1.5197 #1 and $1.4197 #2); Cole's Petroleum ($1.5875 #1 and $1.4295 #2); Stern Oil ($1.6397 #1 and $1.4279 #2); CHS, Inc., Howes Oil, Midwest Oil, Midway Service (Vollan), Olson Oil, all no bid. Bid awarded to: Harms Oil. 7. Report of Requests for Quotes for Fuel dated: November 16, 2016; #1 and #2 Dyed Diesel Fuel; 3,750 gallons of each; Stern Oil ($1.5804 #1 and $1.4548 #2); Harms Oil ($2.1092 #1 and $2.0092 #2); CHS, Inc., Cole's Petroleum, Howes Oil, Midwest Oil, Midway Service (Vollan) and Olson Oil, all no bid. Bid awarded to: Stern Oil. 8. Report of Requests for Quotes for Fuel dated: November 17, 2016; Unleaded Ethanol & #1 Dyed Diesel; 6,500 gallons Unleaded/1,500 Gallons #1 Diesel; Harms Oil ($1.5517 Unleaded/$1.5932 #1 Diesel); Stern Oil ($1.5859 Unleaded/$1.6029 #1 Diesel); Cole's Petroleum, CHS, Inc. Howes Oil, Midway Service, and Olson Oil, all no bid. Bid awarded to: Harms Oil. 9. Reports of Requests for Fuel dated: November 22, 2016; #1 and #2 Dyed Diesel Fuel; 3,750 Gallons of each (7,500 gallons total); Cole's Petroleum ($1.6185 #1 and $1.5168 #2); Harms Oil ($1.6587 #1 and $1.5587 #2); CHS, Inc. ($1.7100 #1 and $1.5550 #2); Stern Oil ($1.6773 #1 and $1.6773 #2); Howes Oil, Midwest Oil, Midway Service (Vollan), and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 10. Report of Requests for Quotes for Fuel dated: November 23, 2016; Unleaded Ethanol and #1 Dyed Diesel; 6,000 gallons Unleaded/2,000 gallons #1 Diesel; Midway Service ($1.6513 Unleaded/$1.6219 #1 Diesel); Stern Oil ($1.6723 Unleaded/$1.6429 #1 Diesel); Harms Oil ($1.7067 Unleaded/$1.6732 #1 Diesel); Cole's Petroleum ($1.8270 Unleaded/$1.6540 #1 Diesel); CHS, Inc., Howes Oil, Olson Oil, all no bid. Bid awarded to: Midway Service. 11. Reports for Requests for Quotes for Fuel dated: November 23, 2016; 50/50 Blend of Clear Diesel; 7,500 gallons; Harms Oil ($1.9497 per #1 Clear Diesel gallon/$1.8647 Gallon); CHS, Inc., Howe's Oil, Midwest Oil, all no bid. 12. Report of Requests for Quotes for Fuel dated: November 28, 2016; Unleaded Ethanol; 684 gallons; Midway Service ($1.9175); Stern Oil ($1.9669); Cole's Petroleum ($1.9800); Howes Oil, no bid. Bid awarded to: Midway Service. 13. Report of Requests for Quotes for Fuel dated: November 28, 2016; Clear Diesel #1; 494 Gallons; Midway Service ($1.9285); Stern Oil ($1.9525); Cole's Petroleum ($2.0100); Howes Oil, no bid. Bid awarded to: Midway Service. 14. Report of Requests for Quotes for Fuel dated: November 28, 2016; Clear Diesel #2; 494 gallons; Midway Service ($1.8405); Stern Oil ($1.8844); Cole's Petroleum ($1.9000); Howes Oil, no bid. Bid awarded to: Midway Service. 15. Report of Requests for Quotes for Fuel dated: November 30, 2016; E-10 Unleaded Ethanol/87 Octane; 8,500 gallons; Stern Oil ($1.6517); CHS, Inc., Cole's Petroleum, Harms Oil, Howes Oil, Midway Service, Olson Oil, all no bid. Bid awarded to: Stern Oil. 16. Report of Requests for Quotes for Fuel dated: November 30, 2016; #1 Dyed Diesel Fuel; 7,500 gallons; Stern Oil ($1.5904); CHS, Inc., Cole's Petroleum, Harms Oil, Howes Oil, Midwest Oil, Midway Service (Vollan), Olson Oil, all no bid. Bid awarded to: Stern Oil. APPLICATIONS 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s to be operated at The Old Courthouse Museum, 200 West 6th Street, for a holiday party on December 16, 2106. 18. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for special events on January 7 and 10, 2017. 19. Various Retail Liquor, Package Liquor, and Retail Wine License renewals for 2017 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit D. NOTICE OF HEARINGS Set a date of hearing for Tuesday, December 20, 2016, at 7 p.m. for Items 20 through 24: 20. New 2017 Retail Wine License for GL Management LLC, Great Life at Suburban Lanes, 2621 South Spring Avenue (CUP not required). 21. New 2016-17 Retail Malt Beverage License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st Street, Suite 105 (CUP not required). 22. New 2017 Retail Wine License for Kurt Zandt, Hibir Ethiopia, 3101 West 41st Street, Suite 105 (CUP not required).  23. Transfer of 2016 Retail Liquor License, with Sunday sales certificate and video lottery terminals, from Loyal Order of the Moose, Moose Lodge, 1926 Burnside Street, to Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue (CUP not required). 24. Renewal of 2017 Retail Liquor License for Loyal Order of the Moose, Moose Lodge, 5013 North Cliff Avenue. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rick Kiley to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. PUBLIC INPUT David Zokaites spoke regarding the importance of human rights. Scott Ehrisman spoke regarding videotaping Parks Board meetings and communication with the media. Rose Bailey spoke about being attacked by a bulldog on November 16, 2016. Katherine Buckles spoke about witnessing the dog attack on Rose Bailey and witnessing additional aggression by the same dog. Bruce Danielson spoke regarding the cost of camera equipment, videotaping board and commission meetings, contracts on the consent agenda, and future petition drives. Tim Stanga spoke regarding recording the Park Board meetings and for expanded representation on the Park Board. Sierra Broussard spoke regarding human trafficking, prostitution, gangs, and heroin use in Sioux Falls. Item 1 was heard at this time. See item for action taken. UNFINISHED BUSINESS 25. Transfer of 2016 Retail Wine License from Fuji Sushi & Hibachi LLC, Fuji Sushi  & Hibachi, 2801 West 41st Street, to Fuji Sushi Hibachi of Sioux Falls Inc., Fuji Sushi Hibachi of Sioux Falls Inc., 2801 West 41st Street (CUP not required). 26. Transfer of 2016-17 Retail Malt Beverage License from Fuji Sushi & Hibachi LLC, Fuji Sushi & Hibachi, 2801 West 41st Street, to Fuji Sushi Hibachi of Sioux Falls Inc., Fuji Sushi Hibachi of Sioux Falls Inc., 2801 West 41st Street (CUP not required). 27. Transfer of 2016-17 Package Malt Beverage/South Dakota Farm Winery License from Gas Barrel LLC, Gas Barrel, 2500 West Madison Street, to Quick n EZ LLC, Quick n EZ LLC, 2500 West Madison Street (CUP not required). 28. New 2016-17 Retail Malt Beverage License for Sioux Falls My Place LLC, Sioux Falls My Place LLC, 3005 South Carolyn Avenue (CUP not required). 29. New 2017 Retail Wine License for Sioux Falls My Place LLC, Sioux Falls My Place LLC, 3005 South Carolyn Avenue (CUP not required). 30. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America Inc., Chef Dominique’s to be operated at Poet, 4615 North Lewis Avenue, for an employee social on December 7, 2016. A motion was made by Council Member Rex Rolfing and seconded by Council Member Theresa Stehly to approve Items 25 through 30. Vote to approve: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 31. Deferred from the City Council Meeting on November 1, 2016: 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 1200 E. 3RD ST. FROM THE S-1 GENERAL INSTITUTIONAL DISTRICT TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, PETITION NO. 5397-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends denial (4-3). A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Marshall Selberg to defer this item to the City Council Meeting on Tuesday, January 3, 2017, at 7 p.m. Vote to defer: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 92: HEALTH AND SANITATION BY ADDING A SUBCHAPTER ENTITLED “TOBACCO FREE POLICY FOR ALL CITY PROPERTY.” A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 115-16. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to amend this item as follows: removing the words, “for all city property” in the introduction and title; In Section 1, remove the definition of “City Property”, and insert the definition, “Youth Activities. Activities in which the intended participants are those under 18 years of age”; In Section 3, replace “any city property” with “city-owned playgrounds and facilities where youth activities take place”; In Section 4, replace “city property” with “tobacco free areas.” Also in Section 4, remove the 5th and 6th sentences and insert: “Any person in violation of this subchapter may be ejected from the city-owned playground or facilities where youth activities take place.” Vote to amend: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Michelle Erpenbach, Rick Kiley, 2. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, 6. Noes, Michelle Erpenbach, Rick Kiley, 2. Motion Passed. As of the time of submission for publication this Ordinance has not been signed. 33. 2nd Reading: AN ORINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3009 S. MARION RD. FROM THE RS SINGLE- FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, PETITION NO. 5807-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). Council Member Theresa Stehly left the meeting at this time. A motion was made by Council Member Greg Neitzert and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 113-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 7. Noes, 0. Motion Passed.  Council Member Theresa Stehly returned to the meeting at this time. 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 909 N. KIWANIS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, PETITION NO. 5818-2016, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Planning Commission recommends approval (7-0). A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Ordinance No. 114-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, December 20, 2016, at 7 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 124: TRANSPORTATION SERVICES, SUBCHAPTER GENERAL PROVISIONS, SECTION 124.012, TRANSIT AND PARATRANSIT FARES TO PROVIDE YOUTH AN OPPORTUNITY TO RIDE FIXED ROUTE BUS SERVICE AT NO CHARGE EACH SUMMER. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rick Kiley to set a date of hearing and 2nd Reading for Tuesday, December 20, 2016, at 7 p.m. for Item 35. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, January 10, 2016, at 7 p.m. for Item 36: 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 95: PARKS AND RECREATION, SUBCHAPTER PARK AND RECREATION BOARD, TO REQUIRE AUDIO OR VIDEO RECORDING OF PARKS AND RECREATION BOARD MEETINGS AND REQUIRING 48 HOURS PRIOR TO OFFICIAL ACTION. A motion was made by Council Member Rex Rolfing and seconded by Council Member  Pat Starr to set a date of hearing and 2nd Reading for Tuesday, January 17, 2017, at 7 p.m. for Item 36. Vote to set a date: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 37. A RESOLUTION APPROVING THE 2016 SIOUX FALLS TRANSIT DEVELOPMENT PLAN. Mayor Huether left the meeting at 9:42 p.m. and returned at 9:50 p.m. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to adopt said Resolution No. 116-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 116-16 A RESOLUTION APPROVING THE 2016 SIOUX FALLS TRANSIT DEVELOPMENT PLAN. WHEREAS, the current Sioux Falls Transit Development Plan was adopted by the City Council in 2011 and requires updates and revisions; and WHEREAS, the Go Sioux Falls Long-Range Transportation Plan includes guiding principles and policies to support a fully integrated multimodal network to facilitate walking, bicycling, driving, and taking public transportation; and WHEREAS, the people of the city of Sioux Falls have expressed a strong desire for improved public transportation for seniors and persons with disabilities as indicated in the 2014 Sioux Falls MPO Long-Range Transportation Market Research Study; and WHEREAS, Sioux Falls City Council adopted goals and policies to maintain a sustainable transit system through the 2013 City Council Task Force Report; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls adopt the 2016 Transit Development Plan to provide for strategies and actions to implement improved fixed-route services and improve the efficiency and effectiveness of the paratransit system. Date adopted: 12/06/16 .  Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 38. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (Downtown Center Urban Renewal Subdivision.) A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 117-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 117-16 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; WHEREAS, the City contemplates entering into a lease of a portion of the municipally owned real property located in the County of Minnehaha, State of South Dakota, described as follows: Lot 1 of Block 5 of the Downtown Center Urban Renewal Subdivision to the City of Sioux Falls WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the city of Sioux Falls once at least ten days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: 1. That the City Council hereby expresses its intent to lease a portion of the municipally owned real property located in the County of Minnehaha, State of South Dakota, described as follows: Lot 1 of Block 5 of the Downtown Center Urban Renewal Subdivision to the City of Sioux Falls for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value, provided said terms and conditions are authorized by the City Council and all other acts required by law are satisfied. Date adopted: 12/06/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 39. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. (Various Properties.) A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 118-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 118-16 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; WHEREAS, the City contemplates leasing municipally owned or about to be municipally owned real property, described in this Resolution and Notice of Hearing referenced below; WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the city of Sioux Falls once at least ten days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned or about to be municipally owned real property described as follows: FARM LEASES—TILLABLE CROPLAND, PASTURE, AND HAYING LEASES— 1-YEAR LEASES  Tract 1 of Majestic Meadows Addition to the City of Sioux Falls in the NW1/4NE1/4 of Section 31-T101N-R48W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2 of Sencore Addition to City of Sioux Falls in the S1/2 of Section 6-T101N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD  Lot A, Grandview Addition to the City of Sioux Falls, Minnehaha County, SD, AND Block 24, Rustic Hills Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W of the 5th P.M., Minnehaha County, SD, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 1A, except Lot 1, Brady Estates Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tracts 1 and 2, Emerald Pines Addition to the City of Sioux Falls, Minnehaha County, SD, AND Yeager Road public right-of-way between Riverdale Addition and I-229 ROW in Section 27-T101N-R49W of the 5th P.M., Minnehaha County, SD, AND Lot 1, Swift Park Addition to the City of Sioux Falls, Lincoln County, SD, AND Lot H-3 in the E1/2SW1/4 and Lot H-1 in the W1/2SE1/4 of Section 36-T101-R50W of the 5th P.M., Minnehaha County, SD, AND Tract 3 (except Lot H-1), Sunset Ridge Addition to the City of Sioux Falls plus the adjoining public ROW for the future West 69th Street exit ramp adjoining the east boundary of Sunset Ridge Addition to the City of Sioux Falls, Lincoln County, SD, AND Lot 23, Block 3, Haley Park Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 1, Dawley Addition in the NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD, AND Block 17, North Ridge Addition to the City of Sioux Falls, Minnehaha County, SD AND East 363 feet of the West 558 feet of the South 420 feet of the SW1/4NW1/4 in Section 13- T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 12, Webster Grove Addition to City of Sioux Falls in the SW1/4 of Section 14-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 2, Tract 7, Tract 8, and Tract 10 all in the SW1/4 of Section 36-T102N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2, Thelin Addition to City of Sioux Falls in the N1/2NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Iverson Park Addition in the SW1/4 of Section 21-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of the SE1/4NW1/4 lying south of SD Hwy 42 in Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD  That part of Tracts 4 and 5 of G. H. Perry Addition of the N1/2 of Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD, lying west of the Big Sioux River and north of SD Hwy 42  Tract 2 in the SE1/4 of Section 29-T102N-R49W of the 5th P.M., Minnehaha County, SD, lying west of Ditch Road and north of 60th Street North  Tract B of Majestic Meadows Addition to the City of Sioux Falls in the NW1/4NE1/4 of Section 31-T101N-R48W of the 5th P.M., Minnehaha County, SD  Tract 1 of Sioux Falls Landfill Addition in the E1/2 of Section 34-T101N-R51W of the 5th P.M., AND Tract 1 of Sioux Falls Landfill Addition in Section 35-T101-R51W of the 5th P.M., all in Minnehaha County, SD, AND Lot 2 of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., AND Lots 1, 3, 4, 5, 6, 7 and platted drive of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., all in Turner County, SD, AND Tract 1, Tipton’s Addition in the NW1/4 of Section 7-T100N-R51W of the 5th P.M., Lincoln County, SD  W1/2SE1/4 and E1/2SW1/4, now known as Wellfield 1st Addition in the S1/2 of Section 8- T102N-R49W of the 5th P.M., Minnehaha County, SD  That part of the W1/2SW1/4 lying east of railroad right-of-way in Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  Nesheim 2nd Addition in the E1/2NE1/4 of Section 20-T103N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 of NW1/4, and Tract 1D of NE1/4, and NE1/4 (except Swartz’s addition and except all H Lots), and Tract 1 (access road) of SE1/4 all in Section 28-T103N-R49W of the 5th P.M., AND Tract 1 (access road) of SW1/4 in Section 27-T103N-R49W of the 5th P.M., all in Minnehaha County, SD  E1/2SW1/4 (except H Lots) and SE1/4 (except Tracts 1, 2, and 3 of Swartz’s Additions and except H Lots) all in Section 21-T103N-R49W of the 5th P.M., Minnehaha County, SD (Public Works)  NE1/4 and N1/2SE1/4 (except areas east of county road along Slipup Creek) all in Section 23-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 and E1/2NW1/4 in Section 12-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 1 and Tract 2 of Slipup Creek Watershed Addition in the SE1/4 and SW1/4 in Section 1-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2SE1/4 (lying east of county road along Slipup Creek) in Section 23-T102N-R49W of the 5th P.M., AND NW1/4SW1/4 of Section 24-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NE1/4 (except Fredericksen Tract 1 contained therein, and except County Auditor’s Lot H-1 contained therein) of Section 14-T102N-R49W of the 5th P.M., Minnehaha County, SD  Rogers Tract 2 in the NW1/4 of Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD  W1/2NE1/4 (except Tract 1) and E1/2NW1/4 of Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD  Tract 6B County Auditor’s Subdivision and part of the NW1/4NE1/4 (except Lot E-1) all in the NE1/4 of Section 32-T102N-R49W of the 5th P.M., AND a portion of Lot E-3 and Tract 2, both of County Auditor’s Subdivision in the NW1/4 of Section 33-T102N-R49W of the 5th P.M., all in Minnehaha County, SD  Northwest Tower Addition in the SW1/4 of Section 24-T102N-R50W of the 5th P.M., Minnehaha County, SD  SW1/4SE1/4 in Section 7-T103N-R50W of the 5th P.M., Minnehaha County, SD  NE1/4SE1/4, and the access strip of land 16.5 feet in width known as Tract 1, all in the SE1/4SE1/4 of Section 31-T104N-R50W of the 5th P.M., Minnehaha County, SD  Vander Woude Tract 2 in the NW1/4 of Section 2-T101N-R50W of the 5th P.M., Minnehaha County, SD  Tract 1 of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County, SD  Tract A of Sioux Empire Development Park 8 Addition to the City of Sioux Falls in Section 35-T102N-R49W of the 5th P.M., Minnehaha County, SD  N1/2NW1/4 & SW1/4NW1/4 & SE1/4NW1/4 & NW1/4NE1/4 all in Section 36-T102N- R49W of the 5th P.M., AND SW1/4 & SW1/4NE1/4 lying west of the Big Sioux River, all in Section 36-T102N-R49W of the 5th P.M., AND NW1/4 & SW1/4 lying north and west of the Big Sioux River in Section 1-T101N-R49W of the 5th P.M., AND Tract 1 Knabach Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 2 of East Benson Addition to the City of Sioux Falls, Minnehaha County, SD GREEN SPACE LEASES—LEASED BY NEIGHBORING OWNER IN EXCHANGE FOR WEED CONTROL/LAWN MAINTENANCE—1-YEAR LEASES  Lot 4, Block 2, Fox Run Addition an Addition to the City of Sioux Falls, Minnehaha County, SD  Tract 2, Great Northern Second Addition to the City of Sioux Falls, Minnehaha County, SD  Tract B, Sycamore Crossing Addition to the City of Sioux Falls, Minnehaha County, SD OFFICE/STORAGE SPACE AT METER SHOP (5TH AND WEBER)—LEASED TO RIVER CITIES TRANSIT—SHORT TERM LESS THAN 1-YEAR LEASE  Tract B, Illinois Central Railroad Company’s Subdivision of Lots 17, 18, and the South 32 feet of Lot 16, Block 38, Shaw’s Addition, Sioux Falls, South Dakota, and all the vacated alley abutting thereon, and Tract A, Lot 6 of Grahams Addition to the City of Sioux Falls, all in Minnehaha County, SD  HAIR SALON NEAR 26TH AND SOUTHEASTERN—PENDING PURCHASE RELATED TO 26TH AND SOUTHEASTERN INTERSECTION RECONSTRUCTION— 1-YEAR LEASE  Lots 14 & 15, Block 1 of Klondike Addition to the City of Sioux Falls, Minnehaha County, SD DRAINAGE PROPERTY—PORTION LEASED FOR CONCRETE PAD PARKING AND DUMPSTER ENCLOSURE—1-YEAR LEASE  Tract 1 of Great Northern First Addition to the City of Sioux Falls, Minnehaha County, SD PORTION LEASED FOR COMMUNICATION TOWER—MULTIYEAR LEASE  Lot 2A of the replat of part of Block 4 of Lewis Heights Addition to the City of Sioux Falls, Minnehaha, County, SD each for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value. Date adopted: 12/06/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 40. A RESOLUTION OF INTENT TO EXTEND THE BOUNDARIES OF THE CITY OF SIOUX FALLS. A motion was made by Council Member Marshall Selberg and seconded by Council Member Michelle Erpenbach to defer this item to the City Council Meeting on Tuesday, January 3, 2017, at 7 p.m. Vote to defer: Roll Call: Yeses, Rex Rolfing, Marshall Selberg, Michelle Erpenbach, Rick Kiley, 4. Noes, Greg Neitzert, Pat Starr, Theresa Stehly, Christine M. Erickson, 4. Mayor Huether broke the tie by voting yes. Motion Passed. 41. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 103-16. ANNEXATION 4841-2016—Burkey Tract 12 (S. KLEIN AVE. AND W. 48TH ST.) A motion was made by Council Member Rex Rolfing and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 120-16.  Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 120-16 ANNEXATION 4841-2016—Burkey Tract 12 (S. KLEIN AVE. AND W. 48TH ST.) A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 103-16. WHEREAS, on October 17, 2016, the City Council of the City of Sioux Falls adopted Resolution No. 103-16 to include certain contiguous territory within the corporate limits of the City of Sioux Falls, South Dakota; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 103-16 was not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 103-16 hereby is amended to read as follows: Burkey Tract 12 in the South Half of the Northwest Quarter (S1/2NW1/4) of Section 34, Township 101 North, Range 50 West, 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: 12/06/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 42. A RESOLUTION ESTABLISHING A PAY-FOR-PERFORMANCE PROGRAM FOR THE CITY COUNCIL-APPOINTED POSITIONS OF BUDGET ANALYST, CITY CLERK, INTERNAL AUDITOR, INTERNAL AUDIT MANAGER, AND THE CITY COUNCIL OPERATIONS MANAGER. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Neitzert to adopt said Resolution No. 121-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 121-16 A RESOLUTION ESTABLISHING A PAY-FOR-PERFORMANCE PROGRAM FOR THE CITY COUNCIL-APPOINTED POSITIONS OF BUDGET ANALYST, CITY CLERK, INTERNAL AUDITOR, INTERNAL AUDIT MANAGER, AND THE CITY COUNCIL OPERATIONS MANAGER. WHEREAS, Section 2.08 of the Charter of the City of Sioux Falls authorizes the City Council to appoint an officer of the City who shall oversee the operations of the City Clerk’s Office and therefore shall carry the title City Clerk; and WHEREAS, Section 2.10 of the Charter of the City of Sioux Falls authorizes the City Council to provide for an independent audit of all City accounts and may provide for more frequent audits as necessary; and WHEREAS, the Internal Audit Manager and the Internal Auditor will have structural reporting authority to the City Council’s Audit Committee; and WHEREAS, the Budget Analyst will have structural reporting authority to the City Council’s Fiscal Committee; and WHEREAS, the City Clerk and City Council Operations Manager will have structural reporting authority to the City Council’s Operations Committee; and WHEREAS, the City Council will maintain a market-competitive salary range and a pay-for-performance program for the positions of Budget Analyst, City Clerk, Internal Auditor, Internal Audit Manager, and City Council Operations Manager; and WHEREAS, the City Council shall determine the scope and nature of the work of the Budget Analyst, City Clerk, Internal Auditor, Internal Audit Manager, and City Council Operations Manager; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The 2017 biweekly salary ranges for the Budget Analyst shall be as follows: biweekly minimum range—$2,189.60; maximum—$3,084.80. 2. The 2017 biweekly salary ranges for the City Clerk shall be as follows: biweekly minimum range—$2,378.40; maximum—$3,396.80. 3. The 2017 hourly salary ranges for the Internal Auditor shall be as follows: hourly minimum range—$22.16; maximum—$30.78. 4. The 2017 biweekly salary ranges for the Internal Audit Manager shall be as follows: biweekly minimum range—$2,256.80; maximum—$3,200.00. 5. The 2017 biweekly salary ranges for the City Council Operations Manager shall be as follows: biweekly minimum range—$2,593.60; maximum—$3,733.60.  6. The City Council’s appointed employees’ salaries will be modified on the first pay period of the calendar year to reflect any adopted inflation adjustment to the assigned salary range. 7. Performance-based increases shall be recommended by the respective City Council committee having structural authority and approved by the City Council. The performance increase shall be in addition to any inflation adjustment and shall be effective on the employee’s anniversary date. 8. Performance shall be assessed annually based on the following three-level scale of performance: exceeds performance expectations, meets expectations, and failed to meet expectations. 9. Evaluative criteria will address any or all of the following key competencies when determining the level of performance: demonstrated leadership and teamwork, effective performance management of subordinate staff, effective fiscal and operational management of defined responsibilities, effective communication, and City business knowledge. 10. The Director of Human Resources shall assist the City Council in administering the salary and pay-for-performance program and for the purposes of advising market-based pay recommendations and adherence to federal, state, and City employment practices. 11. The City Council may modify the provisions relating to the performance pay guidelines in any one calendar year based on budgetary reasons or at their discretionary authority. Date adopted: 12/06/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 43. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. A motion was made by Council Member Pat Starr and seconded by Council Member Theresa Stehly to adopt said Resolution No. 122-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 122-16 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.  BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Collective Bargaining Agreement between the City of Sioux Falls and Local 814 of the International Association of Firefighters providing for terms and conditions of employment for nonmanagement employees for the period from January 1, 2017, through December 31, 2018, is hereby approved by the City Council. 2. That the terms and conditions of the collective bargaining agreement shall become effective January 2, 2017. Date adopted: 12/06/16 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Marshall Selberg to adopt said Resolution No. 119-16. Vote to adopt: Roll Call: Yeses, Greg Neitzert, Rex Rolfing, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, 8. Noes, 0. Motion Passed. RESOLUTION NO. 119-16 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Chris Lidel Infrastructure Review Appointed for a term from December Advisory Board 2016 to December 2019 (to represent Contractors Association as alternate). Jason Snyders Infrastructure Review Appointed for a term from December Advisory Board 2016 to December 2019 (to represent Contractors Association). Cindy Palleschi Main Street-Business Reappointed for a term from Improvement District December 2016 to December 2019.  Board Matt Burns Sioux Falls Sports Reappointed for a term from Authority December 2016 to December 2019. Don Kearney Sioux Falls Sports Reappointed for a term from Authority December 2016 to December 2019. Curtis Soehl Sioux Falls Sports Reappointed for a term from Authority December 2016 to December 2019. Mary Thompson Sioux Falls Sports Appointed for a term from December Authority 2016 to December 2019 (to replace Jim Entenman). Date adopted: 12/06/16 . Mike T. Huether Mayor ATTEST: Thomas M. 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) 45. REPORT OF THE DECEMBER 1, 2016, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. ADJOURNMENT A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adjourn the meeting at 10:48 p.m. Mayor Huether called for a voice vote and all members voted yes. Motion Passed. Tamara Jorgensen, MMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. AS YOUR ELECTED REPRESENTATIVES, THE CITY COUNCIL VALUES YOUR INPUT AND FEEDBACK. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS, COMMITTEE MEETINGS, AND CITY COUNCIL MEETINGS ON FRIDAYS AND SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS ON FIRST FRIDAY AND SUNDAY AFTER LIVE MEETING. GO TO “CITYLINK” AT WWW.SIOUXFALLS.ORG FOR SPECIFIC PROGRAMMING TIMES.