City Council Meeting

MINUTES City Council Meeting Tuesday, December 8, 2020 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Marshall Selberg, Council Member Curt Soehl (via telecom), Council Member Pat Starr (via telecom), Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley (via telecom), Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Tom Rooney, Direct Prayer Line Partner 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Program CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 1, 2020  Regular City Council Meeting of Tuesday, December 1, 2020 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated December 4, 2020. 8. Report of Requests for Quotes for Fuel dated: November 25, 2020; Unleaded (4,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Transport Contract Number 17432, the awarded contractor is Vollan Oil, price paid is $1.5329. 9. Report of Requests for Quotes for Fuel dated: November 27, 2020; Dyed Diesel #1 (2,000 Gallons) and Dyed Diesel #2 (2,000 Gallons); Coles Petroleum (Dyed Diesel #1 $1.765 and Dyed Diesel #2 $ 1.615); Howes Oil and Olson Oil, both no bid. Bid awarded to: Coles Petroleum. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Jensen to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 11. Deferred from the meeting of Tuesday, December 1, 2020; A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. (Pending motion to approve by Council Member Jensen and seconded by Council Member Starr.) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Starr to adopt Resolution No. 139-40. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 139-20 A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Collective Bargaining Agreement between the City of Sioux Falls and American Federation of State, County, and Municipal Employees providing for terms  and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. Date adopted: 12/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 12. 1st Reading: AN EMERGENCY ORDINANCE OF THE CITY OF SIOUX FALLS, SD, TO REQUIRE FACE COVERING IN AN INDOOR PUBLIC PLACE WHERE 6-FOOT SOCIAL DISTANCING CANNOT BE ACHIEVED. Recommendation: Set a date of 2nd Reading for Tuesday, December 15, 2020. Sponsors: Council Members Soehl and Kiley A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 15, 2020 for Item 12. Roll call vote to set a date of 2nd Reading. 6 Yes: Selberg, Soehl, Starr, Brekke, Jensen, Kiley; 2 No: Erickson, Neitzert. Motion Passed. HEARINGS AND RESOLUTIONS 13. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE, INCLUDING THE MABEL AND JUDY JASPER EDUCATIONAL CENTER, THE JASPER FAMILY GARDENS, AND ALL OTHER AMENITIES CONSISTENT WITH THE MASTER PLAN. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 140-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 140-20 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE, INCLUDING THE MABEL AND JUDY JASPER EDUCATIONAL CENTER, THE JASPER FAMILY GARDENS, AND ALL OTHER AMENITIES CONSISTENT WITH THE MASTER PLAN.  WHEREAS, the City of Sioux Falls (the “City”) and the Wegner Arboretum Society (the “Society”) find that it is in the best interest of the people of the city of Sioux Falls, the Society, and the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site that it enter into an agreement between the City and Society, whereby the Society will operate, manage, maintain, and develop the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; and WHEREAS, the Society is best qualified to manage the operation of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; and WHEREAS, the Society and the City find that it is in both parties’ best interest that a one-year agreement be now executed and subsequently entered into; WHEREAS, the Sioux Falls Parks and Recreation Board met on November 18, 2020, and recommended approval of the management agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Management Agreement for Operation of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site,” being a one-year agreement for the Society to manage the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site, is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Society. Date adopted: 12/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 14. A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION THEREOF. (Tuthill House and Saaken House) Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 141-20. A motion was made by Council Member Soehl and seconded by Council Member Starr to amend by striking the following words, "house, along with the" in the third WHEREAS statement and in Section 1. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend by relabeling Section 3 to read Section 2. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Erickson and seconded by Council Member Jensen to amend to add Section 3. The City Council urges the Parks and Recreation Department to revisist the Tuthill House topic in 90 days. Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 141-20 A RESOLUTION DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION THEREOF. WHEREAS, the City owns the real property with the legal description of: The Northeast 1/4 of the Northwest 1/4 of Section 34, in Township 101 North, Range 49, Minnehaha County, South Dakota; and The East 1/2 of the Southwest 1/4 of Section 1, Township 101 North, Range 49 West, of the 5th P.M., Minnehaha County, South Dakota. WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the structures on the above-described real property commonly known as the Tuthill detached garage and the Saaken house respectively and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the Sioux Falls Parks and Recreation Board met on November 18, 2020, and recommended a finding that the Tuthill House with the detached garage and the Saaken house and the personal property located therein is no longer necessary, useful or suitable for the purpose for which was acquired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the structures on the following real property known as the Tuthill detached garage and the Saaken house and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired: The Northeast 1/4 of the Northwest 1/4 of Section 34, in Township 101 North, Range 49, Minnehaha County, South Dakota; and  The East 1/2 of the Southwest 1/4 of Section 1, Township 101 North, Range 49 West, of the 5th P.M., Minnehaha County, South Dakota. Section 2. The above-described structures and personal property shall be demolished, destroyed, and removed from the real property. Section 3. The City Council urges the Parks and Recreation Department to revisit the Tuthill House topic in 90 days. Date adopted: 12/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 15. A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. Sponsors: Council Members Soehl and Neitzert A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Resolution No. 142-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 142-20 A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following persons are hereby appointed as members of the districting commission created by Section 6.02 of the City Charter. The appointments are effective until the adoption of a districting plan pursuant to the charter. Name Party Affiliation District Bob Thimjon Democrat Southwest Joseph Kippley Republican Southeast Mark Millage Republican Northwest Barbara Brooks Johnson Democrat Northeast Tom Hurlbert Independent Central Date adopted: 12/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 16. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. Sponsors: Council Members Neitzert and Soehl A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 143-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 143-20 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 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 2021 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 $2,368.80 $2,496.00 $2,614.40 $2,735.20 $2,854.40 $2,977.60 $3,099.20 $3,219.20 $3,338.40  b. The 2021 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 $2,807.20 $2,960.80 $3,114.40 $3,269.60 $3,422.40 $3,576.80 $3,734.40 $3,884.80 $4,040.80 c. The 2021 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 $2,900.80 $3,064.80 $3,228.00 $3,390.40 $3,554.40 $3,712.80 $3,879.20 $4,041.60 $4,205.60 d. The 2021 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 $2,574.40 $2,712.00 $2,850.40 $2,987.20 $3,126.40 $3,264.00 $3,400.00 $3,539.20 $3,677.60 e. The 2021 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 $28.11 $29.39 $30.64 $32.02 $33.49 $34.98 $36.56 $38.14 $39.88 2. City Council employees shall progress through the applicable nine-step salary scale as follows: Waiting From Step To Step Period 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 Audit Chair Audit Chair Manager Assistant City Clerk City Clerk Council Chair or Vice- Chair City Clerk Operations Committee Council Chair or Vice- Chair Chair Budget Analyst Operations Committee Council Chair or Vice- Chair Chair Chief of Legislation Operations Committee Council Chair or Vice- and Policy Chair Chair 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: 12/08/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Steven Siano spoke about public input, viruses and vaccines, mask mandate, and public officers.  Phyllis Arends spoke about the new non-profit organization, Empire Mental Health Support. It will serve Sioux Falls and the surrounding communities. Amy Willis spoke about the 5G syndrome and 5G flu. David Zokaites spoke about the Human Value of Nature. Tim Stanga spoke about panhandling, working together and the upcoming demolition of a "drug house" on Cliff Avenue in the Whittier Neighborhood. Catherine Riffle spoke about being an advocate for the homeless, missing money from the Homeless Coalition, housing, and potential prosecution of the City Council. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Selberg to adjourn at 9:12 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk