City Council Meeting

MINUTES City Council Meeting Tuesday, December 10, 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 Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Pat Starr, Council Member Theresa Stehly, Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  Pastor Brian Reynoldson, Celebrate Community Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  V.L. Crusinberry Award was awarded to Seth Peterson, Planning and Development Services.  Jeanne Fullenkamp Management Excellence Award was awarded to Regan Smith, Sioux Falls Fire Rescue.  Excellence in Safety Award was awarded to Dan Amen and Shad Hochstein, Public Works/Water Reclamation. CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES   Informational Meeting of Tuesday, December 3, 2019  Regular City Council Meeting of Tuesday, December 3, 2019 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated December 6, 2019. 8. Notice of change orders on the memorandum dated December 6, 2019. 9. Report of Requests for Quotes for Fuel dated: November 27, 2019; Unleaded (4,000 Gallons), Dyed Diesel #1 and Dyed Diesel #2 (7,500 Gallons), Unleaded E30 (3,000 Gallons); Cole’s Petroleum, Unleaded ($2.16), Dyed Diesel #1 and Dyed Diesel #2 ($2.745), Unleaded E30 ($2.05), Harms Oil, Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 10. Report of Requests for Quotes for Fuel dated: December 2, 2019; Dyed Diesel #1 (7,500 Gallons), Dyed Diesel #2 (7,500 Gallons) and DEF (250 Gallons); Cole’s Petroleum, Dyed Diesel#1 ($2.4146) and Dyed Diesel #2 ($1.9632); Vollan Oil, Dyed Diesel #1 ($2.446), Dyed Diesel #2 ($1.985) and DEF ($1.09); Harms Oil, DEF (1.099); Howes Oil, Stern Oil, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum and Vollan Oil. 11. Report of Requests for Quotes for Fuel dated: December 2, 2019; Dyed Diesel #1 (7,500 Gallons); Dyed Diesel #2 (7,500 Gallons); Cole’s Petroleum ($2.3387 Dyed Diesel #1 & #1.9225 Dyed Diesel #2); Farstad Oil ($2.3345 Dyed Diesel #1 & $1.9415 Dyed Diesel #2); Vollan Oil ($2.3580 Dyed Diesel #1 & $1.9630 Dyed Diesel #2); Harms Oil ($2.4097 Dyed Diesel #1 & $2.0104 Dyed Diesel #2); Olson Oil, CHS Inc., Stern Oil, and Howes Oil, all no bid. Bid awarded to: Cole’s Petroleum. 12. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Kermit Staggers. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 14. PUBLIC INPUT Neil Anderson thanked the Council for their time, committment to the City, for the way they handled the aftermath of the tornados; and spoke about traffic concerns regarding Canterbury Heights and the Golden Gateway development.  Travis Morrison mentioned that there are poor people in the City, that the Council should get the budget right, and for them to legalize marijuana. Scott Fitch, also representing Canterbury Heights, spoke about his concerns regarding potential three-to four-story apartments that could be built in the area; and concerns with Rosemary Street. Steven Siano spoke about his appreciation for some library personnel, problems with being attacked due to being disabled and for his beliefs. He expressed disappointment that his concerns were not referred to the City Attorney's Office, by the Human Relations Office. Drew Christensen said he echoes what Neil and Scott have said regarding their Canterbury Heights concerns. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND, IN ONE OR MORE SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $41,625,000. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve Ordinance No. 125-19. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 111: ALCOHOLIC BEVERAGES TO REDUCE THE FULL-SERVICE RESTAURANT ON- SALE LICENSE FEE AND PHASING OUT THE OFF-SALE (PACKAGE) LIQUOR CITY WAITING LIST AND ON-SALE DEALER LICENSES IN ALCOHOLIC BEVERAGES CITY WAITING LIST. A motion was made by Council Member Erickson and seconded by Council Member Selberg to approve Ordinance No. 126-19.  A motion was made by Council Member Erickson and seconded by Council Member Selberg to amend Section 1 by changing the Full-service restaurant on-sale fee to $192,360. Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 17. 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 THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER (N1/2SW1/4), EXCEPT THE NORTH 375 FEET OF THE WEST 290 FEET THEREOF, AND EXCEPT TRACTS 1A AND 2 OF KEONIG’S ADDITION THEREOF, AND BRIDGES OF SPRING CREEK TRACT 1 OF SECTION 22, TOWNSHIP 100 NORTH, RANGE 49 WEST OF THE 5TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, SOUTH DAKOTA, FROM THE A-1 AGRICULTURAL DISTRICT TO THE RR RURAL RESIDENTIAL DISTRICT. Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Lincoln County Commission Meeting of Tuesday, December 17, 2019. A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of hearing for Tuesday, December 17, 2019 for Item 17, at 3 p.m. Roll call vote to set a date of hearing. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 18. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS. A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Resolution No. 120-19. Roll call vote to adopt. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 120-19 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS. WHEREAS, the City of Sioux Falls desires the preservation and rehabilitation of the bridges hereinafter described:  Structure No. 42-115-010 located on E. 69th St. over the BNSF Rail Line Structure No. 42-116-001 located on E. 57th St. over the BNSF Rail Line Structure No. 50-198-212 located on Summit Ave., south of 14th St., over the Ellis & Eastern Rail Line Structure No. 50-222-192 located on Bahnson Ave., north of Rice St., over the Big Sioux River NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and made a part of this Resolution entitled “Bridge Improvement Grant Program” is hereby approved and that the Mayor is authorized to sign such Resolution. Date adopted: 12/10/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 44, BLOCK 9, WESTWOOD VALLEY ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve Resolution No. 121-19. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 121-19 A RESOLUTION APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 44, BLOCK 9, WESTWOOD VALLEY ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs a portion of a permanent utility easement area 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. WHEREAS, the permanent utility easement was established by plat and filed in Book 81 of Plats on page 258 in the office of the Register of Deeds for Minnehaha County, SD, on September 30, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a portion of a permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 44, Block 9, Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 12/10/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. A motion was made by Council Member Neitzert and seconded by Council Member Kiley to approve Resolution No. 122-19. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 122-19 A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. 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 Chair; and WHEREAS, the City Clerk, Budget Analyst, and City Council Operations Manager will have structural reporting authority to the City Council’s Operations Chair; and WHEREAS, the City Council will maintain market-competitive salary ranges for the positions of Budget Analyst, City Clerk, Internal Audit Manager, Internal Auditor, 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 Audit Manager, Internal Auditor, and City Council Operations Manager; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. Each City Council-appointed position shall have a designated nine-step pay scale from minimum to maximum.  a. The 2020 biweekly salary scale for the Budget Analyst shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $2345.60 $2471.20 $2588.80 $2708.00 $2826.40 $2948.00 $3068.80 $3187.20 $3305.60 b. The 2020 biweekly salary scale for the City Clerk shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $2779.20 $2931.20 $3083.20 $3237.60 $3388.80 $3541.60 $3697.60 $3846.40 $4000.80 c. The 2020 biweekly salary scale for the City Council Operations Manager shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $2872.00 $3034.40 $3196.00 $3356.80 $3519.20 $3676.00 $3840.80 $4001.60 $4164.00 d. The 2020 biweekly salary scale for the Internal Audit Manager shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $2548.80 $2684.40 $2822.40 $2957.60 $3095.20 $3232.00 $3366.40 $3504.00 $3640.80 e. The 2020 hourly salary scale for Internal Auditor shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $27.83 $29.10 $30.34 $31.70 $33.16 $34.63 $36.20 $37.76 $39.49 2. City Council employees shall progress through the applicable nine-step salary scale as follows: Waiting Period From Step To Step in Months 1 2 12 2 3 12 3 4 12 4 5 12 5 6 24 6 7 24 7 8 24 8 9 24 3. Employee progression through the pay scale is contingent upon satisfying the requisite waiting period as identified above and achieving satisfactory performance as documented utilizing applicable employee performance evaluation forms made available through the City’s Human Resources department. An employee step advancement may be delayed or denied based upon documented performance. 4. Performance reviews shall be conducted according to the following table: Immediate Job Title Council Authorization Supervisor/Reviewer Auditor Internal Audit Manager Audit Chair  Internal Audit Manager Audit Chair Audit Chair Assistant City Clerk City Clerk Council Chair or Vice-Chair City Clerk Operations Committee Chair Council Chair or Vice-Chair Budget Analyst Operations Committee Chair Council Chair or Vice-Chair Council Operations Operations Committee Chair Council Chair or Vice-Chair Manager In the event of an emergency or absence of the immediate supervisor/reviewer, the Council Chair may designate a Council member or Committee representative to conduct a particular performance review in order to maintain continuity of operations. 5. Any performance/step increase shall be in addition to any inflation adjustment and shall be effective on the employee’s anniversary date. 6. The City Council’s appointed employees’ salary scales will be modified on the first full pay period of the calendar year to reflect any adopted inflation adjustment to the assigned salary range. 7. The Director of Human Resources shall assist the City Council in ensuring market- competitive salary ranges and adherence to federal, state, and City employment practices. 8. The City Council may modify these provisions in any one calendar year based on budgetary reasons or at their discretionary authority. Date adopted: 12/10/19 . Paul TenHaken, Mayor ATTEST: Thomas M. 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 7:56 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk