City Council Meeting

MINUTES City Council Meeting Tuesday, March 17, 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 Rick Kiley (via Telecon), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke (via Telecon), Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Ryan Lumley, Church at the Gate 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the Consent Agenda. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to amend the Consent Agenda by withdrawing Item 18. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 10, 2020  City Council Meeting of Tuesday, March 10, 2020   Emergency Council Meeting of Thursday, March 12, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 13, 2020. 7. Report of Requests for Quotes for Fuel dated: March 5, 2020; Unleaded Ethanol (450 Gallons); #1 Clear Diesel (385 Gallons); #2 Clear Diesel (385 Gallons); Howes Oil ($1.891 Unleaded & $2.18 #1 Diesel & $2.02 #2 Diesel); CHS, Inc. and Farstad Oil, both no bid. Bid awarded to: Howes Oil. 8. Report of Requests for Quotes for Fuel dated: March 9, 2020; Dyed Diesel #1 (2,500 Gallons) & Dyed Diesel # 2 (2,500 Gallons) & Unleaded (3,000 Gallons); Cole’s Petroleum (Dyed Diesel # 1 $1.5435 & Dyed Diesel # 2 $1.3835 & Unleaded $ 1.462); Parkland (Dyed Diesel # 1 $1.466 & Dyed Diesel # 2 $1.653 & Unleaded $1.73); Howes Oil, (Dyed Diesel # 1 $1.5615 & Dyed Diesel # 2 $1.4025 & Unleaded $1.731); Stern Oil (Dyed Diesel # 1 $1.7600 & Dyed Diesel # 2 $1.4600 & Unleaded $1.88); Vollan Oil (Dyed Diesel # 1 $1.5435 & Dyed Diesel # 2 $1.3835 & Unleaded $1.462); CHS, Inc., no bid. Bid awarded to: Cole’s Petroleum. 9. Approval of a request from Monte and Jayne Anderson to consume, but not sell, wine and beer at The History Club, 758 S. Phillips Ave., on June 27, 2020, for the following purpose: 40th Wedding Anniversary Party for Monte and Jayne Anderson. 10. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Steve Hildebrand. 11. Appointment of 67 Precinct Superintendents and 155 Precinct Deputies pursuant to SDCL 9-13-16.1 for the Election to be held on Tuesday, April 14, 2020 APPLICATIONS The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 12. Western Diamond Qualified, SF Brandt's Add Tr 2 NE 1/4 NW 1/4, Parcel #281.40.00.200, for 2020 property taxes in the amount of $2.50. Reason: The property is exempt from the tax. 13. Madsen Family Limited Partnership, Sonler Add Lot 1 Blk 2, Parcel #280.57.02.001, for 2020 property taxes in the amount of $79.26. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 14. Set a date of hearing for Tuesday, April 7, 2020. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine license for Family Dollar #32375, 2511 South Minnesota Avenue (CUP not required). 15. Set a date of hearing for Tuesday, April 7, 2020. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Arsiya Inc., 5021 North Annika Drive, Suite 101 (CUP not required). 16. Set a date of hearing for Tuesday, April 7, 2020. Request to include video lottery terminals with the new 2019-20 Retail Malt Beverage/SD Farm Wine License for Arsiya Inc., 5021 North Annika Drive, Suite 101 (CUP not required). 17. Set a date of hearing for Tuesday, April 7, 2020. Transfer of 2020 Package Liquor License from Arsiya Inc, Food N Fuel, 4701 West 12th Street, to Arsiya Inc., Business name to be determined, 5021 North Annika Drive (CUP not required). 18. Set a date of hearing for Tuesday, April 7, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls, 515 North Main Avenue, for a fundraiser on April 25, 2020. 19. Set a date of hearing for Tuesday, April 7, 2020. Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at the following locations: 605 Made Spring Market, 100 South Phillips Avenue; 8th & RR Center, 401 East 8th Street, Suite 200A; Atoley Spa, 317 South Phillips Avenue; Bechtold Jewelry, 325 South Phillips Avenue; Chelsea’s Boutique, 220 South Phillips Avenue; Great Outdoor Store, 201 East 10th Street; Home Porch Gifts, 217 South Phillips Avenue; JLG Architects, 232 South Main Avenue; Lauriebelles, 206 South Phillips Avenue; MK Threads, 421 North Phillips Avenue, Suite 112; Nyberg’s Ace, 220 East 12th Street; Rehfeld’s Art & Framing, 210 South Phillips Avenue; Say Anything Jewelry, 225 South Phillips Avenue; Sharing the Dream in Guatemala, 421 North Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite 108; Sticks & Steel, 401 East 8th Street, Suite 118; Swamp Daddy’s, 421 North Phillips Avenue; Young & Richards, 222 South Phillips Avenue; Common Sense, 400 South 2nd Avenue; TH Grey, 330 South Phillips Avenue; Mint +Basil, 207 South Phillips Avenue; and JH & Sons, 216 South Phillips Avenue, for an Art & Wine Walk on May, 1, 2020. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Soehl to approve the Regular Agenda. A motion was made by Council Member Erickson and seconded by Council Member Soehl to amend the Regular Agenda by moving Items 45 and 46 to immediately follow item 21. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 21. PUBLIC INPUT  George Hamilton recommended that enforcement activities like Project TRIM be suspended. Bruce Danielson spoke about wanting more information regarding the City's COVID-19 Relief Fund and encouraging PACs to donate to it. Sierra Broussard spoke about Alex Jensen's campaign and legislative voting record. Regan Avretti spoke about the high cost of liquor licenses and recommended a program be established to make them more affordable. Items 45 and 46 were heard at this time. See items for action taken. UNFINISHED BUSINESS 22. New 2020 Retail Wine & Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Trail Ridge Senior Living, 3408 West Ralph Rogers Road, Suite 100 (CUP not required). Pending plan review per Building Services. 23. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Paradise West Casino II, 5109 West 12th Street, Suite A (CUP not required). Pending permit issuance and final inspections per Building Services. 24. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Paradise West Casino II, 5109 West 12th Street, Suite A (CUP not required). Pending permit issuance and final inspections per Building Services. 25. New 2020 Retail Wine & Cider License and New 2019-20 Retail Malt Beverage/SD Farm Wine License for Staybridge Suites, 4210 West 59th Street (CUP not required). Pending final inspections per Building Services. 26. New 2019-20 Retail Malt Beverage/SD Farm Wine, requesting off-sale use only, for Casey’s General Store #3878, 5810 East 26th Street, with Conditional Use Permit (9734-2018) being approved on January 3, 2019. 27. New 2020 Retail Wine & Cider License for 69th Street Looks Market LLC, 500 East 69th Street (CUP not required). 28. Transfer of 2019-20 Retail Malt Beverage/SD Farm Wine License from Heineman Hospitality Corp, Looks Fine Foods, 6213 South Old Village Place, to 69th Street Looks Market LLC, 500 East 69th Street (CUP not required). 29. Transfer of 2019-20 Retail Malt Beverage, with video lottery terminals, from JS Bar LLC, JJ Billiards, 309 South Elmwood Avenue, to DDK LLC, JJ Billiards, 309 South Elmwood Avenue (CUP not required). 30. Transfer of 2020 Retail Liquor License from Harrisburg Crossing LLC, 5801 East 41st Street, to Commonwealth Gaming & Holdings Corp, Deuces Casino IIA, 1912 West 41st Street, Suite A (CUP not required). A motion was made by Council Member Erickson and seconded by Council Member Starr to approve Items 22 through 30. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NW CORNER OF E. 61ST ST. AND S. SYCAMORE AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE O OFFICE DISTRICT, NO. 11682-2020, 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, April 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 31. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER E. 26TH ST. AND S. CLEVELAND AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, AND RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICTS TO THE O OFFICE DISTRICT, NO. 11683- 2020, 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, April 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2601 S. NORTON AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, NO. 11697-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 7, 2020.  A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 69TH ST. AND S. SOUTHEASTERN AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 11700-2020, 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, April 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SE CORNER OF W. 22ND ST. AND S. ELLIS RD. FROM THE LW LIVE/WORK DISTRICT TO THE C-2 NEIGHBORHOOD COMMERCIAL, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE- FAMILY RESIDENTIAL —SUBURBAN DISTRICTS, NO. 11681-2020, 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, April 7, 2020. A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 35. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NW CORNER OF E. ARROWHEAD PKWY. AND S. SIX MILE RD. FROM THE C-4 COMMERCIAL—REGIONAL, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND O OFFICE DISTRICTS TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, O OFFICE, CN CONSERVATION DISTRICT, NO. 11688-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 7, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 36.  Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SW CORNER OF E. 57TH ST. AND HIGHWAY 11 FROM THE AG AGRICULTURE AND RD-2 RESIDENTIAL—SUBURBAN TOWNHOME DISTRICTS TO THE LW LIVE/WORK DISTIRCT, NO. 11699-2020, 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, April 7, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 37. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 700 S. SNEVE AVE. FROM THE O OFFICE DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 11639- 2020, 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, April 7, 2020. A motion was made by Council Member Erickson and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 38. Roll call vote to set a date of 2nd Reading. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 39. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF A FACILITY SPACE ON PUBLIC PROPERTY. (Carver Gallery) A motion was made by Council Member Selberg and seconded by Council Member Starr to adopt Resolution No. 39-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 39-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION OF A FACILITY SPACE ON PUBLIC PROPERTY.  BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1. Application 2019-09-01 was submitted by the Sioux Falls Arts Council to commemoratively name the existing rotating art gallery space to the “Carver Gallery” within the first floor City Hall lobby, located at 224 W. 9th St. Section 2. The “Carver Gallery” commemorative naming does not change the City Hall name, but rather, respectfully honors Charlotte Visser Carver, a wonderful person who devoted her life to the arts on the local, state, and national levels. Charlotte Carver believed passionately in the power of the arts to enrich lives. She dedicated her life to supporting artists and promoting access to the arts in Sioux Falls and in South Dakota. An interior plaque of cast aluminum is proposed for installation on the east wall, across from the Mayor’s Office, near the south building entrance, to bring recognition and meaning to the “Carver Gallery.” Section 3. The City Naming Committee considered the commemorative naming application and unanimously recommended approval on February 28, 2020. Section 4. In accordance with Chapter 30 of the Code of Ordinances of Sioux Falls, SD, the City approves the commemorative name “Carver Gallery” located within City Hall, as presented. Date adopted: 03/17/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 40. A RESOLUTION DISSOLVING TAX INCREMENT DISTRICT NO. 5. A motion was made by Council Member Erickson and seconded by Council Member Soehl to adopt Resolution No. 40-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 40-20 A RESOLUTION DISSOLVING TAX INCREMENT DISTRICT NO. 5. WHEREAS, on September 19, 2005, the City adopted Resolution No. 108-05 creating the Sioux Falls Tax Increment District No. 5 pursuant to SDCL 11-9; and WHEREAS, on October 17, 2005, the City adopted Resolution No. 119-05 approving the Project Plan for the Sioux Falls Tax Increment District No. 5 pursuant to SDCL 11- 9; and  WHEREAS, on December 19, 2005, the City adopted Resolution No. 147-05 amending Resolution No. 108-05, Tax Increment Boundaries for Tax Increment District No. 5, pursuant to SDCL 11-9; and WHEREAS, on December 19, 2005, the City adopted Resolution No. 148-05 amending Resolution No. 119-05, Tax Increment Finance Plan for Tax Increment District No. 5, pursuant to SDCL 11-9; and WHEREAS, on February 21, 2006, the City adopted Ordinance No. 22-06 approving the issuance of a promissory note from the Sales and Use Tax Fund to the TIF District Construction Fund (Zip Feed site) and appropriating the spending of such proceeds from the TIF District Construction Fund; and WHEREAS, on March 20, 2006, the City adopted Resolution No. 28-06 amending Resolution No. 119-05, Tax Increment Finance Plan for Tax Increment District No. 5, pursuant to SDCL 11-9; and WHEREAS, on December 17, 2007, the City adopted Ordinance No. 193-07 approving the issuance and sale of Tax Increment Revenue Bonds in an aggregate amount not to exceed $2,3000,000 to finance Tax Increment Number Five Project Costs, authorizing and appropriating the use of funds from the Tax Increment Number Five Construction Fund, and authorizing the indenture of trust and execution of related documents; and WHEREAS, the development and improvements occurred as outlined within the Project Plan; and WHEREAS, a total reimbursement of $3,402,437.98 was remitted to the bond payments authorized by Ordinance No. 193-07; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Sioux Falls Tax Increment District No. 5 is hereby dissolved. Date adopted: 03/17/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 41. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MCCARTHY BUILDING COMPANIES, INC, FOR CONSTRUCTION MANAGER AT- RISK SERVICES FOR THE WATER RECLAMATION FACILITY IMPROVEMENTS AND EXPANSION PROJECT LOCATED AT 4500 NORTH SYCAMORE 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 Selberg and seconded by Council Member Erickson to adopt Resolution No. 41-20. Roll call vote to adopt. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 1 No: Stehly. Motion Passed. RESOLUTION NO. 41-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MCCARTHY BUILDING COMPANIES, INC, FOR CONSTRUCTION MANAGER AT- RISK SERVICES FOR THE WATER RECLAMATION FACILITY IMPROVEMENTS AND EXPANSION PROJECT LOCATED AT 4500 N. SYCAMORE 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, on May 17, 2019, the City of Sioux Falls (the “City”) requested proposals for construction manager at-risk services for the Water Reclamation Facility Improvements and Expansion Project located at 4500 N. Sycamore Ave., Sioux Falls, SD; and WHEREAS, as a result of the request for proposal process, the City selected McCarthy Building Companies, Inc., to provide construction manager at-risk services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the documents for Construction Manager At-Risk Services between the City and McCarthy Building Companies, Inc. (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 McCarthy Building Companies, Inc. 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. Change orders in excess of state bid limits shall be noticed to the City Council on the consent agenda under communications. Section 5. That 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: 03/17/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 42. A RESOLUTION TO AMEND AND RESTATE RESOLUTION 122-19 ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL APPOINTED STAFF BY CHANGING A JOB TITLE. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 42-20. Roll call vote to adopt. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 42-20 A RESOLUTION TO AMEND AND RESTATE RESOLUTION 122-19 ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF BY CHANGING A JOB TITLE. 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 Chief of Legislation and Policy 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 Chief of Legislation and Policy; 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 Chief of Legislation and Policy; 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 Chief of Legislation and Policy 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 Chief of Legislation Operations Committee Chair Council Chair or Vice-Chair and Policy In the event of an emergency or absence of the immediate supervisor/reviewer, the Council Chair may designate a City 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: 03/17/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION ADOPTING THE 2020 CITY COUNCIL POLICIES AND PROCEDURES. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to adopt Resolution No. 43-20. A motion was made by Council Member Erickson and seconded by Council Member Soehl to amend he 2020 Procedure’s Manual by replacing all references of “operations manager and supervisor” to “Chief of Legislation & Policy". Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Kiley to amend by adding a section entitled "Employee Policy Statement" and to include the following language: "It is the policy of the City Council to provide a workplace free of harassment and unlawful discrimination within the City Council Office. The City Council strives to create and maintain a work environment in which its employees are treated with dignity and respect. The work environment should be characterized by mutual trust and the absence of intimidation, humiliation, harassment, oppression, and exploitation. The City Council and its employees shall comply with this policy". Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. A motion was made by Council Member Stehly and seconded by Council Member Starr to amend by adding "The City Council employees shall treat the public with an environment characterized by mutual trust and the absence of intimidation, humiliation, harassment, oppression, and exploitation. The City Council and its employees shall comply with this policy". Roll call vote to amend. 3 Yes: Starr, Stehly, Brekke; 5 No: Kiley, Neitzert, Selberg, Soehl, Erickson. Motion Failed. Roll call vote to adopt, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 43-20 A RESOLUTION ADOPTING THE 2020 CITY COUNCIL POLICIES AND PROCEDURES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and made part of this resolution entitled “2020 City Council Policies and Procedures” is hereby adopted. Date adopted: 03/17/20 . 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) 44. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED FEBRUARY 28, 2020. NEW BUSINESS 45. A MOTION TO PROVIDE ADVICE AND CONSENT FOR THE APPOINTMENT OF MICHAEL GRIGSBY AS THE DIRECTOR OF INNOVATION AND TECHNOLOGY. A motion was made by Council Member Soehl and seconded by Council Member Erickson to provide advice and consent for the appointment of Michael Grigsby as the Director of Innovation and Technology. Roll call vote to provide advice and consent. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. ITEMS ADDED AFTER AGENDA DEADLINE 46. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ADOPTING THE SIOUX FALLS BOARD OF HEALTH FIRST AMENDED REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). (This ordinance shall be become effective upon one reading and adoption pursuant to Section 33.027 of the Code of Ordinances of Sioux Falls, SD.) A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Ordinance No. 27-20. A motion was made by Council Member Erickson and seconded by Council Member Selberg to amend by: Changing “three” to “five” in the third whereas clause; Adding a new whereas clause after the fifth to read: “WHEREAS, on March 16, 2020, the Centers for Disease Control and Prevention, in conjunction with the White House, issued updated recommendations to slow the spread of COVID-19, including avoiding social gatherings of more than ten people; and”; Changing “50” to “10” and deleting “the Washington Pavilion of Arts and Science,” in item 1; Deleting “Kirby Science Center and Visual Arts Museum” and inserting “of Arts and Science” in Item 2; Inserting “to the general public” after “closed” in items 2, 3, 4, 5, and 6; and, Deleting “except for after- school activities until 6:00 p.m., Monday through Friday” and inserting “in the event the Sioux Falls School District has announced closure of the school buildings” in Item 8. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Soehl to adjourn at 8:33 p.m. Voice vote to adjourn. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk