City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, March 14, 2017, at 7 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Greg Neitzert Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION  Pastor Calvin Ver Mulm, Center of Hope PLEDGE OF ALLEGIANCE VISITOR RECOGNITION  American Heritage Girls - Troop SD 1268 CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A request was made by Council Member Theresa Stehly to move the following agreements from Item 1 to the Regular Agenda immediately after Agenda Item 9 for discussion purposes: Public Parking, 19002, New Parking Facility, Professional services agreement, Walker Parking Consultants, $48,200; Public Parking, 19002 New Parking Facility; First Avenue Storm Drain Relocation, 11007, Amendment to professional services agreement, Sayre Associates Inc., $16,845; and Public Parking, NA, Provide Bond Counsel Services for Proposed Public/Private Development Consisting of a City- owned Parking Structure – Professional Services Agreement, Perkins Coie LLP, $25,000.  A motion was made by Council Member Rick Kiley and seconded by Council Member Michelle Erpenbach to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Tuesday, March 7, 2017, at 4 p.m.  Regular City Council Meeting of Tuesday, March 7, 2017, at 7 p.m. COMMUNICATIONS 1. Approval of contracts/agreements on the March 10, 2017, memo. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to approve the following together: Public Parking, 19002, New Parking Facility, Professional services agreement, Walker Parking Consultants, $48,200; Public Parking, 19002 New Parking Facility; First Avenue Storm Drain Relocation, 11007, Amendment to professional services agreement, Sayre Associates Inc., $16,845; and Public Parking, NA, Provide Bond Counsel Services for Proposed Public/Private Development Consisting of a City-owned Parking Structure – Professional Services Agreement, Perkins Coie LLP, $25,000. Vote to approve: Roll Call: Yeses, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 6. Noes, Pat Starr, Theresa Stehly, 2. Motion Passed. 2. Report of Requests for Quotes for Fuel dated: March 7, 2017; 50/50 Blend of Clear Diesel; 7,500 Gallons; CHS, Inc. ($2.1025 #1 Clear Diesel & $1.9925 #2 Clear Diesel); Howes Oil ($2.054 #1 Clear Diesel & $1.959 #2 Clear Diesel); Harms Oil ($2.0418 #1 Clear Diesel & $1.983 #2 Clear Diesel); and Midwest Oil, no bid. Bid awarded to: Howes Oil. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Marshall Selberg to approve the Regular Agenda. A motion was made by Council Member Theresa Stehly and seconded by Council Member Michelle Erpenbach to amend, the agenda, by placing Item 8 after Item 4.  Vote to amend: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. PUBLIC INPUT David Zokaites spoke about his campaign for Mayor of Sioux Falls. Rhanda Heller spoke about a program cut to the Parks and Recreation Department budget. Pat Taber spoke about the use of snow gates in her neighborhood. Liz Muilenberg expressed her appreciation of the City Council; and spoke about a recent vote they made. Scott Ehrisman spoke about snow gates and the recent Audit Committee Meeting. Bruce Danielson spoke about snow gates and a recent newspaper article. Steven Siano spoke about his disabilities and need for assistance. Sierra Broussard spoke about having the City Administration bring back an ordinance regarding LGBT rights. INTRODUCTION AND ADOPTION OF ORDINANCES 3. 2nd 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 FEES. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Rex Rolfing to adopt said Ordinance No. 26-17. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. 4. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Engineering ($1,125,000) and Police ($14,000).  A motion was made by Council Member Greg Neitzert and seconded by Council Member Theresa Stehly to adopt said Ordinance No. 27-17. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Item 8 was heard at this time. See item for action taken. Set a date of hearing and 2nd Reading for Tuesday, March 21, 2017, at 7 p.m. for Item 5: 5. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96: STREETS AND SIDEWALKS, SUBCHAPTER SIDEWALK AND DRIVEWAY APPROACH CONSTRUCTION. A motion was made by Council Member Theresa Stehly and seconded by Council Member Marshall Selberg to set a date of hearing and 2nd Reading for Tuesday, March 21, 2017, at 7 p.m. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, March 21, 2017, at 7 p.m. for Item 6: 6. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITIES REVENUE BONDS (DOW RUMMEL VILLAGE PROJECT), SERIES 2017, IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $37,000,000, FOR THE PURPOSE OF PROVIDING FUNDS TO BE LOANED TO DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT CORPORATION, FOR THE PURPOSE OF FINANCING A RENOVATION AND EXPANSION PROJECT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST, A FIRST SUPPLEMENTAL LOAN AGREEMENT, A FIRST SUPPLEMENT TO AMENDED AND RESTATED MORTGAGE—ONE HUNDRED EIGHTY-DAY REDEMPTION, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT, A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND A TAX REGULATORY AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY  OF THE BONDS AND CERTAIN RELATED DOCUMENTS; MAKING CERTAIN FINDINGS AND DETERMINATIONS WITH RESPECT TO THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF THE BONDS. 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, March 21, 2017, at 7 p.m. Vote to set a date: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 7. PUBLIC HEARING FOR PUBLIC INPUT REGARDING THE PROPOSAL TO ISSUE REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $37,000,000 (THE “BONDS”), PURSUANT TO SOUTH DAKOTA CODIFIED LAWS, CHAPTER 9-54, AS AMENDED (THE “ACT”), IN ORDER TO FINANCE A PROJECT ON BEHALF OF DOW RUMMEL VILLAGE, A SOUTH DAKOTA NONPROFIT CORPORATION FORMERLY KNOWN AS RUMMEL MEMORIAL HOME, INC. (THE “CORPORATION”), WHICH OPERATES NURSING HOME, HEALTHCARE, AND HOUSING FACILITIES FOR THE ELDERLY IN SIOUX FALLS, SOUTH DAKOTA. There was none. 8. A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. Public Works-Engineering ($1,125,00.00) and Police ($26,000.00) A motion was made by Council Member Rex Rolfing and seconded by Council Member Christine M. Erickson to adopt said Resolution No. 16-17. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 16-17 A RESOLUTION AMENDING THE 2017-2021 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2017–2021 Capital Program shall be amended as follows: Public Works—Engineering Amend Capital Improvements Program Project No. 11054, Big Sioux River Flood Control, by increasing the amount of funding by $1,125,000 in 2017 for engineering and construction of flood control structures. The additional funding will require an increase in appropriations that will be funded by unobligated fund balance within the Flood Control Fund. Police Amend the Other Capital Expenditures Program by adding a K-9 dog in 2017. The estimated cost is $12,000 and will not require an increase in appropriations as it will be funded by savings from other police equipment purchased in 2017. Amend the Other Capital Expenditures Program by adding an animal control trailer in 2017. The estimated cost is $14,000 and will require an increase in appropriations that will be funded by a grant from the ASPCA. Date adopted: 03/14/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk 9. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES AGREEMENT BETWEEN THE CITY AND JLG ARCHITECTS FOR THE PARKING RAMP TO BE LOCATED AT 10TH STREET AND MALL AVENUE, ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. A motion was made by Council Member Theresa Stehly and seconded by Council Member Pat Starr to defer Item 9 to the City Council Meeting of Tuesday, June 20, 2017, at 7 p.m. Vote to defer: Roll Call: Yeses, Theresa Stehly, 1. Noes, Marshall Selberg, Pat Starr, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 7. Motion Failed. A motion was made by Council Member Rex Rolfing and seconded by Council Member Marshall Selberg to adopt said Resolution No. 17-17. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 6. Noes, Pat Starr, Theresa Stehly, 2. Motion Passed.  RESOLUTION NO. 17-17 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES AGREEMENT BETWEEN THE CITY AND JLG ARCHITECTS FOR THE PARKING RAMP TO BE LOCATED AT 10TH ST. AND MALL AVE., ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. WHEREAS, the City selected JLG Architects to provide professional architectural and engineering design services for the parking ramp to be located at 10th St. and Mall Ave.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the documents for Professional Architectural and Engineering Design Services between the City and JLG Architects (the “Agreement”), substantially in the form attached hereto and made a part of this resolution, are hereby approved. Section 2. That the Mayor is authorized to sign such Agreement after it is ratified and executed by JLG Architects. Section 3. In connection with the authorization of the Agreement, the Mayor, City Clerk, Finance Director, Public Works Director, City Attorney, and other officers of the City shall be authorized to enter into, execute, and deliver the Agreement and the following documents, instruments, and agreements as may be deemed necessary by the parties, consistent with the terms of the Agreement, which do not exceed the authorized Project Budget: A. Amendments, Change Orders, and Change Directives to the Agreement; B. Insertion of Exhibits into the Agreement which are mutually agreed upon by the parties; and C. Other required documents or instruments which are mutually agreed upon by the parties pursuant to the Agreement. The execution and delivery of all such amendments, change orders, change directives, exhibits, documents, and instruments is hereby authorized and directed to be in such form and to contain such terms, consistent with this Resolution, as the officers of the City designated herein shall determine to be necessary and desirable. Section 4. The City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 03/14/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk Item 1 was heard at this time. See item for action taken. 10. A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. A motion was made by Council Member Christine M. Erickson and seconded by Council Member Michelle Erpenbach to adopt said Resolution No. 18-17. Vote to adopt: Roll Call: Yeses, Marshall Selberg, Pat Starr, Theresa Stehly, Christine M. Erickson, Michelle Erpenbach, Rick Kiley, Greg Neitzert, Rex Rolfing, 8. Noes, 0. Motion Passed. RESOLUTION NO. 18-17 A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following persons are hereby appointed as members of the districting commission created by Section 6.02 of the City Charter. The appointments are effective until the adoption of a districting plan pursuant to the charter. Name Party Affiliation District James Fry DEM Southwest Jason Wierenga IND Southeast Mark Millage REP Northwest Jeffrey Eckhoff REP Northeast Debra Elofson DEM Central Date adopted: 03/14/17 . Mike T. Huether Mayor ATTEST: Thomas M. Greco City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council  Member Rex Rolfing to adjourn at 8:20 p.m. Mayor Mike Huether called for a voice vote. All members voted yes. Motion Passed. Denise D. 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