City Council Meeting

MINUTES Regular City Council Meeting Monday, February 3, 2020 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 Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: Council Member Theresa Stehly 2. INVOCATION  Pastor Kevin Schneider, Good News Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 21, 2020  City Council Meeting of Tuesday, January 21, 2020  Informational Meeting of Tuesday, January 28, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 31, 2020. 7. Notice of change orders on the memorandum dated January 31, 2020. 8. Report of Requests for Quotes for Fuel dated: January 16, 2020; Dyed Diesel #1 (500 Gallons) Dyed Diesel #2 (500 Gallons), and Unleaded (7,000 Gallons); Cole Petroleum Dyed Diesel #1 ($2.1437), Dyed Diesel #2 ($1.9063) and Unleaded ($1.922); Vollan Oil Dyed Diesel #1 ($2.143), Dyed Diesel #2 ($1.9255) and Unleaded ($1.9289); Stern Oil Dyed Diesel #1 ($2.1428), Dyed Diesel #2 ($2.1428) and Unleaded ($2.0085); Harms Oil Dyed Diesel #1 ($2.2005), Dyed Diesel #2 ($1.984) and Unleaded ($1.9946); CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Cole Petroleum. 9. Report of Requests for Quotes for Fuel dated: January 22, 2020; DEF (1,050 Gallons); Vollan Oil ($.91); Howes Oil ($.939); Cole Petroleum, CHS, Inc., Farstad Oil, and Olson Oil, all no bid. Bid awarded to: Vollan Oil. 10. Report of Requests for Quotes for Fuel dated: January 22, 2020; Dyed Diesel #1 (18,000 Gallons), Dyed Diesel #2 (18,000 Gallons) and Unleaded (8,500 Gallons); Cole Petroleum Dyed Diesel #1 ($2.089), Dyed Diesel #2 ($1.843) and Unleaded ($1.922); Vollan Oil (Dyed Diesel #1 ($2.085), Dyed Diesel #2 ($1.854) and Unleaded ($1.9305); Harms Oil Dyed Diesel #1 ($2.0885), Dyed Diesel #2 ($1.85) and Unleaded ($1.9422); Farstad Oil Dyed Diesel #1 ($2.35), Dyed Diesel #2 ($2.132) and Unleaded ($1.931); CHS Inc. Dyed Diesel #1 ($2.12), and Dyed Diesel #2 ($1.89); Olson Oil, no bid. Bid awarded to: Cole Petroleum. APPLICATIONS 11. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on February 15, 21, March 9, 10, 11, 19, 21, 31, April 1, 25, and May 30, 2020. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, February 18, 2020. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. 13. Set a date of hearing for Tuesday, February 18, 2020. Transfer of 2019-20 Retail Malt Beverage and 2020 Retail Wine License from Josiah’s LP, Josiah’s Coffeehouse & Café, 104 West 12th Street, to Three’s Company LLC, Josiah’s Coffeehouse, Café & Bakery, 104 West 12th Street. 14. Set a date of hearing for Tuesday, February 18, 2020. Special One-Day Liquor License for T Slat, JJ’ Wine, Spirits & Cigars to be operated at Open Space Event Hall, 6212 South Pinnacle Place, for Improv Night on February 22, 2020. 15. Set a date of hearing for Tuesday, February 18, 2020. Special One-Day Liquor License for Zoological Society of Sioux Falls to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for a fundraiser on February 22, 2020. 16. Set a date of hearing for Tuesday, February 18, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Senior Citizens Services Inc, Active  Generations, 2300 West 46th Street, for special events on February 22, March 12, April 26, and June 25, 2020. 17. Set a date of hearing for Tuesday, February 18, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Augustana University to operated at the Elmen Center, 2505 South Grange Avenue, for a special event on March 27, 2020. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to amend by moving Items 29 and 30 to immediately follow Item 24. Roll call vote to amend. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 19. PUBLIC INPUT Sierra Broussard spoke about human trafficking and the need for hiring additional police officers. UNFINISHED BUSINESS 20. Transfer of 2020 Retail Liquor License, with video lottery terminals, and 2020 Package Liquor License from Badlands Gaming LLC, Badlands Gaming, 1600 West Russell Street, to South Dakota Veterans Alliance Inc., 1600 West Russell Street. 21. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Boys & Girls Clubs of the Sioux Empire to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for a winter carnival on February 8, 2020. 22. Special One-Day Liquor License for T Slat, JJ’s Wine, Spirits & Cigars to be operated at Montgomery’s, 1725 W 41st Street, for a Chamber Mixer on February 11, 2020. A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve Items 20-22. Roll call vote to approve. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT NW CORNER OF E. MADISON ST. AND N. VETERANS PKWY. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN; RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; O OFFICE; AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE RS SINGLE-FAMILY RESIDENTIAL— SURBURBAN; RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN; RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY; RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY; LW LIVE-WORK; S-1 GENERAL INSTITUTIONAL; CN CONSERVATION; C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR; AND C-3 COMMERCIAL—COMMUNITY DISTRICTS, NO. 11263-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Ordinance No. 8-20. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 9-20. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Item 29 was heard at this time. See Item for action taken. Item 30 was heard at this time. See Item for action taken. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO CR LLOYD ASSOCIATES, INC., IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-TWO, CITY OF SIOUX FALLS. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Ordinance No. 10-20.  Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO ELECTIONS. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 11-20. A motion was made by Council Member Brekke and seconded by Council Member Starr to amend Item 26 as follows: to change (3) A. to read as: “The last business day of March, June, September, and December of each year"; to delete (3) B which read: "The last business day of February preceding the election in an election year"; to modify (3) C to read: "The last Monday one week prior to any runoff election"; and to modify (3) D to read: "A termination statement may be submitted at any time except that municipal candidates and municipal candidate campaign committees shall submit a termination statement no later than eight years after submission of the statement of organization". Mayor Paul TenHaken passed the gavel to Council Chair Marshall Selberg to participate in the discussion. Roll call vote to amend. 3 Yes: Soehl, Starr, Brekke; 4 No: Erickson, Kiley, Neitzert, Selberg. Motion Failed. A motion was made by Council Member Brekke and seconded by Council Member Starr to amend as follows: Change (3) D to read: "The last business day of June of each year"; and to add (3) E to read: "A termination statement may be submitted at any time except that municipal candidates and municipal candidate campaign committees shall submit a termination statement no later than eight years after submission of the statement of organization". A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend the amendment by deleting (3) E. Roll call vote to amend the amendment. 5 Yes: Soehl, Erickson, Kiley, Neitzert, Selberg; 2 No: Starr, Brekke. Motion Passed. Roll call vote to amend. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Council Chair Marshall Selberg passed the gavel to Mayor Paul TenHaken. ORDINANCE FIRST READINGS 27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A PROVISIONAL ONETIME SUPPLEMENTAL APPROPRIATION FOR EXPENDITURE OF POLICE OVERTIME PAY FOR 2020 SPECIAL EVENTS. Recommendation: Set a date of 2nd Reading for Tuesday, February 11, 2020. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to set a date of hearing for Tuesday, February 11, 2020 for Item 27. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 95.071 RECREATION ACTIVITY AND FACILITY FEES OF CHAPTER 95: PARKS AND RECREATION. Recommendation: Set a date of 2nd Reading for Tuesday, February 11, 2020. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of hearing for Tuesday, February 11, 2020 for Item 28. Roll call vote to set a date of hearing. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 29. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY- TWO, CITY OF SIOUX FALLS. A motion was made by Council Member Brekke and seconded by Council Member Erickson to adopt Resolution No. 12-20. Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 12-20 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TWENTY-TWO, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has recommended the creation of Tax Increment District Number Twenty-Two and has submitted a proposed project plan for Tax Incremental District Number Twenty-Two, City of Sioux Falls; and WHEREAS, the City of Sioux Falls has the authority, pursuant to SDCL § 11-9-2(1), to create Tax Incremental District Number Twenty-Two, City of Sioux Falls, and define its boundaries; and WHEREAS, the property within Tax Incremental District Number Twenty-Two, City of Sioux Falls, meets the qualifications and criteria set forth in SDCL 11-9; and WHEREAS, the District shall be created upon the effective date of the resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That: 1. Declaration of Necessity and Enhancement. The City Council declares the necessity for the creation of the Tax Incremental District Number Twenty-Two, City of Sioux Falls, pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the city. Improvements to the District will likely add millions of dollars in assessed valuation to the District and will significantly and substantially enhance the value of all property in the District. 2. Findings of Economic Welfare. The City Council finds that more than fifty percent (50%) of the property in the District will stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, or natural resources development as defined in SDCL 11-9. 3. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed ten percent (10%) of the total assessed valuation of the City. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9, the Tax Incremental District Number Twenty-Two, City of Sioux Falls (the “District”). The District is hereby created on the day this resolution becomes effective which shall be 20 days after publication. 5. Designation of District boundaries. The District shall have boundaries as shown and described on Exhibit A. 6. The project shall comply with the City’s adopted 2040 Comprehensive Plan, all City and state ordinances, resolutions, regulations, and codes, the approved Project Plan, and the approved Development Agreement, all as amended from time to time. Date adopted: 02/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 30. A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-TWO, CITY OF SIOUX FALLS. A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Resolution No. 13-20.  Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 13-20 A RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TWENTY-TWO, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission recommended approval of the Project Plan for Tax Incremental District Number Twenty-Two, City of Sioux Falls, which identifies certain development activities and public improvements to be undertaken by the City or private developers and paid for, in whole or in part, from the collection of tax increment revenues derived from the district; and WHEREAS, the tax increment project plan is both economically feasible and in conformity with the adopted 2025 Downtown Plan and the adopted Shape Sioux Falls 2040 Comprehensive Plan; and WHEREAS, the District will be created upon the effective date of this resolution; and WHEREAS, it is anticipated that project costs, less the finance costs, in the plan will be expended prior to February 28, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Project Plan for Tax Incremental District Number Twenty-Two, as attached, is hereby approved. BE IT FURTHER RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL 11-9, the Mayor is authorized to negotiate all necessary tax increment bonds, contracts, and agreements for implementation of the Project Plan, including the transfer of positive tax increment revenues to the developer(s) of the real property within District Twenty-Two up to a maximum of $21,508,407 plus interest, all in accordance with state statutes, including, but not limited to, SDCL 11-9, all local ordinances, resolutions, regulations, codes, growth plans, and the adopted Project Plan, all such bonds, contracts, and agreements subject to final Council approval and any Council-approved resolution or ordinance regarding Tax Incremental District Number Twenty-Two becoming effective. Date adopted: 02/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 31. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF GOLDEN GATEWAY ADDITION. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 14-20.  Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 14-20 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF GOLDEN GATEWAY ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 02/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 32. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 15-20. Roll call vote to adopt. 6 Yes: Soehl, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. RESOLUTION NO. 15-20 A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. WHEREAS, the City has attempted by reasonable means to collect the outstanding accounts receivable on the below-listed accounts; and WHEREAS, the City considers the accounts outstanding for more than one year to be “uncollectible” for purposes of disclosing on the financial statements of the City; and WHEREAS, the City may continue efforts to collect such “uncollectible” debt; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it hereby authorizes the removal of the following accounts as uncollectible and authorizes the disclosure of the same on the annual financial reports: Housing Program Customer No. Customer Name Reason Amount  N1181AD1 Confidential Bankruptcy $6,537.55 N919D1/N919AD1/ Confidential Foreclosure $21,115.99 N919BD1/FN0056D1 Date adopted: 02/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 33. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. ANNEXATION 11529- 2019—Tract 2 Friend’s Addition. A motion was made by Council Member Erickson and seconded by Council Member Selberg to adopt Resolution No. 16-20. Roll call vote to adopt. 6 Yes: Soehl, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. RESOLUTION NO. 16-20 ANNEXATION 11529-2019—Tract 2 Friend’s Addition A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SD. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along S. Faith Ave. 4. Sewer is available for development. East Side Sanitary Sewer Cost Recovery owed on all parcels; the 2019 cost is $4,998.11/acre. 5. Water service is available for development. High-pressure water main could be accessed from Linedrive Ave. and Faith Ave., just north of the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory:  Tract 2, Friends Addition in the SW1/4 of Section 31, Township 101 North, Range 48 West of the 5th Principal Meridian, Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 02/03/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 34. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT ONE TO GOLF FACILITIES MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPES MANAGEMENT COMPANY, LLC. A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Resolution No. 17-20. Roll call vote to adopt. 5 Yes: Soehl, Brekke, Erickson, Kiley, Selberg; 0 No: (None). Motion Passed. Neitzert was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017.Starr was not present for the vote on this motion. RESOLUTION NO. 17-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AMENDMENT ONE TO GOLF FACILITIES MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LANDSCAPES MANAGEMENT COMPANY, LLC. WHEREAS, Landscapes Management Company, LLC (“LMC”) and the City of Sioux Falls, SD, are parties to a Golf Facilities Management Agreement dated January 19, 2018, and filed as City Agreement No. 17-0102 (the “Agreement”); and WHEREAS, the parties desire to enter into Amendment One to modify the noncompetition clause under the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this resolution entitled “Amendment One to Golf Facilities Management Agreement between the City of Sioux Falls and LMC” is hereby approved. Section 2. The Mayor is authorized to sign the Amendment One to Agreement after it is ratified and executed by LMC. Section 3. The City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 02/03/20 . Paul TenHaken, Mayor ATTEST: Thomas 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) 35. CHARTER REVISION COMMISSION SUMMARY REPORT. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Erickson and seconded by Council Member Kiley to adjourn the meeting at 9:15 p.m. Voice vote to adjourn. 6 Yes: Soehl, Brekke, Erickson, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk