City Council Meeting

MINUTES City Council Meeting Tuesday, August 20, 2019 at 7:00 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 Theresa Stehly, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: None 2. INVOCATION  Dorothy TerHorst, Direct Line Prayer Center Partner 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. A request was made by Council Member Pat Starr to place Sub-Items 3 and 10 from Agenda Item 7 on the Regular Agenda for Council discussion (Planning & Development Services-Housing; Amendment for development and construction costs; Affordable Housing Solutions, Inc.; $448,000 & City Attorney; Engagement Agreement for Legal Services; Fuller, Williamson, Nelsen & Preheim, LLC; $50,000). See Agenda Item 7 for action taken. 6. APPROVAL OF MINUTES   City Council Meeting of Tuesday, August 13, 2019 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated August 16, 2019. A motion was made by Council Member Starr and seconded by Council Member Kiley to approve Sub-Item 3 from Agenda Item 7. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to approve Sub-Item 10 from Agenda Item 7. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 8. Notice of change orders on the memorandum dated August 16, 2019. 9. Report of Requests for Quotes for Fuel dated: August 8, 2019; 8,500 Gallons of Unleaded Ethanol; Farstad Oil ($1.9125); Stern Oil, Cole’s Petroleum, Midway Service Harms Oil, Howes Oil, CHS, Inc., M.G. Oil, and Olson Oil, all no bid. Bid awarded to: Farstad Oil. 10. Report of Requests for Quotes for Fuel dated: August 9, 2019; 7,500 Gallons of #2 Dyed Diesel; Midway Service ($1.8565); Cole’s Petroleum ($1.8740); Stern Oil ($1.8558); Farstad Oil ($1.8760); Harms Oil, CHS, Inc., Howes Oil and Olson Oil, all no bid. Bid awarded to: Stern Oil. 11. Approval of a request from Lindsey Barwald, Butterfly House & Aquarium, to consume, but not sell, wine and beer at 4320 S. Oxbow Ave, on Tuesday, September 12, 2019, for the following purpose: groundbreaking ceremony for the administration wing. 12. Approval of a request from Robert W. Overson, Jr. and Cherrie Knudson to consume, but not sell, wine and beer at The Old Courthouse Museum, 200 W. 6th St., on Tuesday, February 29, 2020, for the following purpose: wedding ceremony and reception. APPLICATIONS 13. Renewal of 2019-20 Retail Malt Beverage/SD Farm Wine License for Salon Mia, 3801 West 34th Street, Suite 115. 14. Special One-Day Liquor Licenses for Washington Pavilion, 301 South Main Avenue, for special events on August 31, September 11, September 21, 2019 and February 28, 2020. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, September 3, 2019. Transfer of 2019 Retail Liquor and 2019 Package Liquor Licenses, including video lottery terminals, from Century Motels Inc., Ramada Inn & Suites, 1301 West Russell Street, to Jobu Hospitality LLC, Ramada Inn Waterpark, 1301 West Russell Street. 16. Set a date of hearing for Tuesday, September 3, 2019. Transfer of 2019 Package Liquor License from Heineman Hospitality, Looks Market, 6213 Old Village Place, to 69th Street Looks Market LLC, 504 East 69th Street. 17. Set a date of hearing for Tuesday, September 3, 2019. Transfer of 2019 Retail Liquor License from ERJ Dining IV LLC, Chili’s Grill & Bar, 3720 West 41st Street, to Brinker Restaurant Corporation, Chili’s Grill & Bar, 3720 West 41st Street. 18. Set a date of hearing for Tuesday, September 3, 2019. New 2019 Retail Liquor License for Original Pancake House, 2715 West 41st Street (full service restaurant; CUP not required). 19. Set a date of hearing for Tuesday, September 3, 2019. Special One-Day Malt Beverage and Special One-Day Wine License for Catering America to be operated at 2608 West Latigo Circle, for a special event on September 12, 2019. 20. Set a date of hearing for Tuesday, September 3, 2019. Special One-Day Liquor Licenses for Sioux Falls Sports Authority to be operated at Minnehaha Country Club (course only), 3101 West 22nd Street, for a PGA Tour Champions Event to be held September 15-22, 2019. 21. Set a date of hearing for Tuesday, September 3, 2019. Special One-Day Liquor License for TSlat Inc., to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a special event on September 20, 2019. 22. Set a date of hearing for Tuesday, September 3, 2019. Special One-Day Liquor License for TSlat Inc., to be operated at Avera On Louise, 6100 South Louise Ave, for a Grand Opening event on October 4, 2019. 23. Set a date of hearing for Tuesday, September 3, 2019. Special One-Day Malt Beverage License for The Banquet, 2101 East 26th Street, for a fundraiser on October 10, 2019. 24. Set a date of hearing for Tuesday, September 3, 2019. Special One-Day Wine License for University of South Dakota Foundation to be operated at Sanford Imagenetics, 1321 West 22nd Street, for a fundraiser on September 28, 2019. 25. Set a date of hearing for Tuesday, September 10, 2019. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020, AND THE 2020–2024 CAPITAL PROGRAM. REGULAR AGENDA 26. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 27. PUBLIC INPUT James Reed spoke about recent behavior at Public Input and mental illness. Heather Pastor apologized for behavior at Public Input and spoke about learning disabilities and anxieties. Dwaine Schipper commended the Health Department for mosquito control work and spoke about: the trade-off between doing street overlays versus filling potholes; the increased proposed City budget; paying debt; water and sewer rates; the need for better mowing in certain park areas; and repairing a damaged basketball court. David Zokaites spoke about protecting free speech. Steven Siano spoke about the power of government, attacks on him because of his beliefs and disability, and behind-the-scenes activities of government. Catherine Riffle spoke about not seeing enough changes to address homeless challenges; her work with the organization Katie's Open Door to address homelessness in the City; education to assist with dealing with the homeless; the use of vacant buildings for shelter; and preparing for the upcoming winter. Tim Stanga commended Public Works for quickly placing a stop sign at a needed location in the Whittier neighborhood, continued clean-up efforts in the neighborhood, and a noticable, welcomed increase of police. Sierra Broussard spoke about the importance of bodycam funding in the proposed budget and the need for additional police officers. UNFINISHED BUSINESS 28. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Agua Fresh, 101 South Phillips Avenue, Suite 101 (CUP not required). 29. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for The Root Cellar, 701 North Phillips Avenue, Suite 150 (CUP not required). Pending final inspections per Building Services. 30. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Williquors, 3625 West Avera Drive (CUP not required). Pending final inspections per Fire, Health and Building Services. 31. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Williquors, 3625 West Avera Drive (CUP not required). Pending final inspections per Fire, Health and Building Services. 32. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Sakura Sushi, 2400 South Marion Road, Suite 160 (CUP not required). Pending final inspections per Fire, Health and Building Services. 33. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License and Transfer of 2019 Retail Wine and Cider License from Hydra Beer Company, 2425 South Shirley Avenue, Suite 112, to Lupulin Brewing LLC, Lupulin Brewing Company, 2425 South Shirley Avenue, Suite 112 (CUP not required). 34. Transfer of 2019 Package Liquor License from Fareway Stores Inc., Fareway Store #136, 1431 West 41st Street, to Fareway Stores Inc., Fareway Store, 3005 South Hidden Place. Pending final inspections per Health. 35. Transfer of 2019 Retail Liquor License from CR Lloyd Associates, Lloyd Companies, 101 South Reid Street, Suite 201, to Severance Beer LLC, Severance Brewing Company, 701 North Phillips Avenue, Suite 110 (CUP not required). Pending final inspections per Building Services. 36. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Minnehaha County Democratic Party to be operated at The History Club of Sioux Falls, 758 South Phillips Avenue, for a fundraiser on August 23, 2019. 37. Special One-Day Liquor License for TSlat Inc, to be operated at the Museum of Visual Materials, 500 North Main Avenue, for a wedding reception on October 5, 2019. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 28 through 37. Roll call vote to approve. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR FUNDING REPAIRS AND REPLACEMENTS FOR PARKS AND RECREATION FLOOD-RELATED DAMAGES. ($1,000,000) A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Ordinance No. 84-19.  Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: RESTRICTIONS ON ISSUANCE OF MALT BEVERAGE RETAILER LICENSES; CONSUMPTION ON PUBLIC STREETS OR ALLEYS; AND REPEALING 111.031 REAPPLICATION. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 85-19. A motion was made by Council Member Erickson and seconded by Council Member Kiley to call the question (move the previous question) to adopt Ordinance No. 85-19. Roll call vote to call the question (move the previous question). 5 Yes: Soehl, Erickson, Kiley, Neitzert, Selberg; 3 No: Starr, Stehly, Brekke. Motion Failed. Roll call vote to adopt. 6 Yes: Soehl, Brekke, Erickson, Kiley, Neitzert, Selberg; 2 No: Starr, Stehly. Motion Passed. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 430 W. 11TH ST. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 10672-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1320 N. ARCHER DR. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 10627-2019, AND AMENDING THE  OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Brekke and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 42. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4800 N. CLIFF AVE. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10584-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 43. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4400 N. SEUBERT LN. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10587-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 44. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4600 N. CLIFF AVE. FROM THE I-2 HEAVY INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10586-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Erickson and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 45. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 900 E. 56TH ST. N. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 10585-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, September 3, 2019. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, September 3, 2019 for Item 46. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 47. Deferred from the meeting of Tuesday, August 13, 2019; A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2020 STATE LEGISLATIVE SESSION. Actions from the City Council Meeting of August 13, 2019: A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Item 27. A motion was made by Council Member Stehly and seconded by Council Member Soehl to amend by adding the following statement, "The Sioux Falls Council supports legislation to increase the student capacity at the South Dakota's Law Enforcement Training facility". Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Starr to amend by adding Item 19, The City Council supports legislation to expand the number of video lottery machines per location from 10 to 25 per license. Motion fails for lack of a second. A motion was made by Council Member Starr and seconded by Council Member Erickson to amend by adding Item 19, "The City Council supports legislation to legalize the growth, production, and processing of industrial hemp in South Dakota". Roll call vote to amend. 7 Yes: Selberg, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 1 No: Soehl. Motion Passed. A motion was made by Council Member Kiley and seconded by Council Member Stehly to defer Item 27 to Tuesday, August 20, 2019.  A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by adding that the City of Sioux Falls allows the number of video lottery machines to be at 25. Roll call vote to amend. 3 Yes: Starr, Stehly, Brekke; 5 No: Selberg, Soehl, Erickson, Kiley, Neitzert. Motion Failed. A motion was made by Council Member Erickson and seconded by Council Member Selberg to defer to Tuesday, August 20, 2019. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Adopted motions from the meeting of August 13, 2019: A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 77-19. A motion was made by Council Member Stehly and seconded by Council Member Soehl to amend by adding the following statement, "The Sioux Falls Council supports legislation to increase the student capacity at the South Dakota's Law Enforcement Training facility". Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Erickson to amend by adding Item 19, "The City Council supports legislation to legalize the growth, production, and processing of industrial hemp in South Dakota". Roll call vote to amend. 7 Yes: Selberg, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 1 No: Soehl. Motion Passed. Actions at the present meeting of August 20, 2019: A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by adding the following statement: "The city council supports legislation that promotes pollinator friendly plantings on all state-owned properties and right-of-way.". Roll call vote to amend. 5 Yes: Soehl, Starr, Stehly, Brekke, Selberg; 3 No: Erickson, Kiley, Neitzert. Motion Passed. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by adding the following statement: "The city council supports legislation that requires at least one employee per 10 video lottery machines be physically present at a video lottery casino during the hours of operation.". A motion was made by Council Member Stehly to call the question (move the previous question) to amend by adding the following statement: "The city council supports legislation that requires at least one employee per 10 video lottery machines be physically present at a video lottery casino during the hours of operation.". Roll call vote to amend. 1 Yes: Stehly; 7 No: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg. Motion Failed. Roll call vote to adopt, as amended. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 77-19 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ PROVISIONAL LEGISLATIVE PRIORITIES FOR THE 2020 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports a reliable statewide emergency radio system that allows users across the state to communicate within and outside of their agencies. In order to sustain this capability and enhance operations locally, statewide, amongst other states, and with federal agencies, the City Council supports state funding initiatives to upgrade the statewide system to the national standard for public safety communications utilized by both federal and state governments known as Project 25 (P25). 2. The Sioux Falls City Council supports legislation allowing alternative publication options for local government. 3. The Sioux Falls City Council supports legislation providing county commissions the option to reduce the number of official newspapers to one. 4. The Sioux Falls City Council supports legislation that expands workforce housing opportunities in South Dakota. 5. The Sioux Falls City Council supports legislation to allow a local option, a gross receipts tax on alcoholic beverages, to fund county services. 6. The Sioux Falls City Council supports tax increment financing (TIF), an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. 7. The Sioux Falls City Council supports legislation that provides additional funding for mental health, drug and alcohol education, intervention, and treatment programs. 8. The Sioux Falls City Council supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. 9. The Sioux Falls City Council supports efforts to eliminate double taxation on public projects through the state use and contractor’s excise taxes. 10. The Sioux Falls City Council supports state funding for human service agency transportation to offset the costs to local public and nonprofit transportation systems. 11. The Sioux Falls City Council supports state funding initiatives to mitigate the emerald ash borer infestation. 12. The Sioux Falls City Council supports eliminating presumptive probation for Class 5 and 6 felonies as it relates to controlled substances. 13. The Sioux Falls City Council supports legislation to examine or implement driver’s license testing in languages other than English. A pilot program or a summer study would help enumerate costs and challenges. As one of only a few states that have not yet implemented multilanguage tests, we hamper our workforce development efforts. 14. The Sioux Falls City Council places a high priority on safeguarding and conserving both the quality and quantity of our area’s natural amenities. Government, in partnership with business, should share responsibility in conserving, enhancing, and protecting our water quality, air quality, and land. Given the substantial public and private investments to develop the river greenway, and the potential to develop a first-class amenity in our community, strategies to support a cleanup of the Big Sioux River and its tributaries should be identified and implemented. 15. The Sioux Falls City Council understands the growing diversity of our state’s population and we embrace the opportunities that this diversity provides for a culturally and talent-rich community. We will work with the governor, the legislature, state agencies, and elected officials to develop efforts to engage and include all individuals. Legal immigration and refugee resettlement are proven and vital strategies to combat workforce shortages. We will also oppose initiatives which inappropriately sanction or discriminate against individuals or groups. 16. The Sioux Falls City Council supports legislation that eliminates any regulatory barriers within state law that prevents or stifles the creation of triage centers, which provide detoxification services to those seeking treatment for substance abuse, and crisis stabilization for mental health issues. 17. The Sioux Falls City Council supports legislation that allows a municipality to establish a local policy governing how gifts for parks and boulevards are accepted. 18. The Sioux Falls Council supports legislation to increase the student capacity at the South Dakota's Law Enforcement Training facility. 19. The City Council supports legislation to legalize the growth, production, and processing of industrial hemp in South Dakota.  20. The City Council supports legislation that promotes pollinator friendly plantings on all state-owned properties and right-of-way. Date adopted: 08/20/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM FOR PARKS AND RECREATION FLOOD-RELATED DAMAGES. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 74-19. Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 74-19 A RESOLUTION AMENDING THE 2019–2023 CAPITAL PROGRAM FOR PARKS AND RECREATION FLOOD-RELATED DAMAGES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2019–2023 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvements Program Project No. 14003, Systematic Reconstruction of Existing Bike Trail, by increasing funding by $350,000 for flood-related damages in 2019. The additional funding will require an increase in appropriations that will be funded by FEMA reimbursement and Sales/Use Tax Fund unobligated fund balance. Amend Capital Improvements Program Project No. 14023, Picnic Shelter Improvements, by increasing funding by $50,000 for flood-related damages in 2019. The additional funding will require an increase in appropriations that will be funded by FEMA reimbursement and Sales/Use Tax Fund unobligated fund balance. Date adopted: 08/20/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 49. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 75-19. Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 75-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF A SCULPTURE ON PUBLIC PROPERTY. WHEREAS, the Richard Greeno Memorial Group and City of Sioux Falls intend to place a bronze sculpture known as “Coach Greeno” by artist Darwin Wolf of South Dakota; and WHEREAS, the sculpture depicts a life-size of well-known and nationally recognized Coach Greeno running as he trained and encouraged his teams, and measures approximately 8' in height, 4' in width, and 4' in length; and WHEREAS, the proposed site placement for “Coach Greeno” sculpture be located on the east bank of the River Greenway bike trail between Tuthill Park and Paisley Park and prominently displayed on a pedestal with an informative plaque; and WHEREAS, the Richard Greeno Memorial Group will be responsible for project costs associated with the sculpture placement and installation and intends to gift the sculpture to the City of Sioux Falls adding to its permanent artworks collection; and WHEREAS, the Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City, and the Sioux Falls Visual Arts Commission, encourages and recommends public art integration within public places in Sioux Falls, SD; and WHEREAS, the Sioux Falls Visual Arts Commission and Parks and Recreation Board reviewed the proposed “Coach Greeno” sculpture and placement on July 16, 2019, and July 17, 2019, respectively, and unanimously recommended approval for the sculpture and placement, as presented; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The “Coach Greeno” sculpture and its placement to be located on the east bank of the River Greenway bike trail, between Tuthill Park and Paisley Park, be approved as recommended. Date adopted: 08/20/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 50. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 76-19. Roll call vote to adopt. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 76-19 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 Karen Gourley Commission on Human Appointed for a term from August Relations 2019 to May 2024 (to replace Brian Majerus). Angela Landeen Falls Community Health Appointed for a term from August Center Governing Board 2019 to August 2022 (to replace Tracy Johnson). Michael Conlin Parks and Recreation Appointed for a term from August Board 2019 to August 2024 (to replace Patti Abdallah). Rick Weber Parks and Recreation Appointed for a term from August Board 2019 to August 2024 (to replace Mark Steinborn). Matt Petersen Property Maintenance Reappointed for a term from August Board of Appeals 2019 to August 2022. Ronald Rensberger Property Maintenance Reappointed for a term from August Board of Appeals 2019 to August 2022. Brett Glirbas Public Transit Advisory Reappointed for a term from August Board 2019 to August 2022. Date adopted: 08/20/19 . Paul TenHaken, Mayor ATTEST:  Thomas Greco, City Clerk NEW BUSINESS There was none. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 9:20 p.m. Voice vote to adjourn. 8 Yes: Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk