City Council Meeting

MINUTES City Council Meeting Tuesday, November 16, 2021 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 Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Mayor Paul TenHaken Absent: None 2. INVOCATION Council Vice Chair Alex Jensen provided the invocation. 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  2021 Complex of the Year Presentation by USA Softball Association of South Dakota CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. A request was made by Council Member Starr to place Sub-Item18 from Agenda Item 7 and DCK, LLC from Exhibit C to Agenda Item 12. on the Regular Agenda for Council Discussion (Health; Agreement to provide process and impact evaluation of the City Covid-19 vaccination efforts; University of South Dakota; Not to Exceed $23,863.00 * DCK, LLC; David's; 212 W. Tenth St.). See Agenda Items 7 and 12 for actions taken. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES   Informational Meeting of Tuesday, November 9, 2021  City Council Meeting of Tuesday, November 9, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated November 12, 2021. A motion was made by Council Member Starr and seconded by Council Member Jensen to approve Sub-Item 18 from Agenda Item 7. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 8. Notice of change orders on the memorandum dated November 12, 2021. 9. Report of Requests for Quotes for Fuel dated: November 5, 2021; Dyed Diesel # 1(3,000 Gallons) and Unleaded (7,500 Gallons); Cole’s Petroleum ($2.6207 Dyed Diesel & $2.5865 Unleaded); Olson Oil and CHS, both no bid. Bid awarded to: Coles Petroleum. 10. Report of Requests for Quotes for Fuel dated: November 9, 2021: Unleaded (7,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is Unleaded $2.5988. APPLICATIONS 11. Special One-Day Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on November 17, 21, 26, 27, 28 and December 4 and 10, 2021. 12. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve DCK, LLC from Exhibit C. Roll call vote to approve. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. NOTICE OF HEARINGS 13. Set a date of hearing for Tuesday, December 7, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine License for Grevco Inc., Shop ‘N Cart Casino #2, 2707 East 6th Street. 14. Set a date of hearing for Tuesday, December 7, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License. 15. Set a date of hearing for Tuesday, December 7, 2021. Transfer of 2022 Retail Liquor License, including video lottery terminals, from GSP Inc., Scarlett O’Hara’s, 3201 South Carolyn Avenue, to SC Dining Services LLC, Scarlett O’Hara’s, 3201 South Carolyn Avenue. 16. Set a date of hearing for Tuesday, December 7, 2021. Transfer of 2022 Package Liquor License from Wang Enterprises Inc, King’s Liquor Mart, 3725 North Cliff Avenue, to AKSH LLC, 3725 North Cliff Avenue. 17. Set a date of hearing for Tuesday, December 7, 2021. Special One-Day Liquor License for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for a wedding on December 11, 2021. 18. Set a date of hearing for Tuesday, December 7, 2021. Special One-Day Liquor License for Tslat Inc., to be operated at The State Theatre, 316 South Phillips Avenue, for a private event on December 15, 2021. 19. Set a date of hearing for Tuesday, December 7, 2021. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Jensen to amend by placing Item 40 before Item 21 and Item 46 after Item 29. Roll call vote to amend. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Kiley was not present for the vote on this motion. Roll call vote to approve, as amended. 7 Yes: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Kiley was not present for the vote on this motion. Sub-Item 18 from Agenda Item 7 and DCK, LLC from Exhibit C to Agenda Item 12 were heard at this time. See Agenda Items 7 and 12 for actions taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS Agenda Item 40 was heard at this time. See Agenda Item 40 for action taken. 21. 2nd Reading: Deferred from the Meeting of Tuesday, November 9, 2021; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 15101-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Empire Homes-Brady Hyde A motion was made by Council Member Neitzert and seconded by Council Member Starr to remand Agenda Item 21 to the Planning Commission. Roll call vote to remand. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL BUILDING CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 138-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 139-21. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE AND THE 2021 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 140-21. Roll call vote to adopt. 7 Yes: Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 141-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE INTERNATIONAL SWIMMING POOL AND SPA CODE. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 142-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL FIRE CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Ordinance No. 143-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 28. 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 $123,000,000. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 144-21.  A motion was made by Council Member Neitzert and seconded by Council Member Soehl to amend by inserting “Water reclamation improvements project as outlined in the Facilities Plan dated June 2019” under “Exhibit A” AND labeling the Loan Agreement as “Exhibit B”. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Highways and Streets, $3.3M) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Ordinance No. 145-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Agenda Item 46 was heard at this time. See Agenda Item 46 for action taken. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 57: GARBAGE AND RECYCLYING OF THE CODE OF ORDINANCES OF THE CITY PERTAINING TO THE COLLECTION REGULATIONS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Kiley to adopt Ordinance No. 147-21. A motion was made by Council Member Neitzert and seconded by Council Member Brekke to amend Section 57.023 by substituting the contents of paragraph “(b), Collection day placement—location” with “All containers shall be placed adjacent to the structure by the owner, occupant, or manager in an inconspicuous place that is reasonably accessible to the licensed commercial garbage hauler. It is the commercial garbage hauler’s responsibility to retrieve the containers from and return the containers to this inconspicuous and readily accessible place on collection day.” AND by striking paragraphs “(c)” and “(d)”. Roll call vote to amend. 3 Yes: Starr, Brekke, Neitzert; 5 No: Erickson, Jensen, Kiley, Selberg, Soehl. Motion Failed. A motion was made by Council Member Kiley and seconded by Council Member Jensen to amend by entitling Section 57.024 as “LEVELS OF COLLECTION SERVICE REQUIRED” with the following section text: “All commercial garbage haulers, as a condition of licensure under § 57.065, must offer a minimum of two levels of service, as follows:” (a) Curbside Service. Under curbside service, collection service occurs at the place designated for collection in § 57.023(b) above. It is the owner, occupant, or  manager’s responsibility to move or cause to be moved all containers to and from this designated place in accordance with § 57.023. (b) Valet Service. Under valet service, collection service occurs at the structure. The owner, occupant, or manager places all containers directly adjacent to the structure in a place reasonably accessible to the commercial garbage hauler. It is the commercial garbage hauler’s responsibility to retrieve the containers from and return the containers to this location on collection day. At the owner, occupant, or manager’s discretion, placement of containers for collection may be the same as their non-collection day placement, so long as the containers are adjacent to the structure and reasonably accessible to the hauler. Roll call vote to amend. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 6 Yes: Brekke, Erickson, Jensen, Kiley, Selberg, Soehl; 2 No: Starr, Neitzert. Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER DEFINITIONS. The Planning Commission recommends approval (7-0). Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to adopt Ordinance No. 146-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES. Recommendation: Set a date of 2nd Reading for Tuesday, December 7, 2021. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 720 E. MAPLE ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 15134-2021, 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, December 7, 2021. Private Applicant(s): Galtell Properties LLC – Vincent Purtell  A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 4501 W. 85TH ST. FROM THE LW LIVE- WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RA-1 APARTMENT RESIDENTIAL—LOW DENSITY, AND RD-2 TOWNHOME RESIDENTIAL— SUBURBAN DISTRICTS TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY AND CN CONSERVATION DISTRICTS, NO. 15194-2021, 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, December 7, 2021. Private Applicant(s): Advanced Engineering & Environmental Services (AE2S) A motion was made by Council Member Kiley and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE NORTHEAST CORNER OF MADISON ST. AND VETERANS PKWY. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 15196-2021, 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, December 7, 2021. Private Applicant(s): Advanced Engineering & Environmental Services (AE2S) A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 35. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PORTION OF PROPERTY LOCATED AT 7500 S. AUDIE AVE. FROM THE LW LIVE- WORK AND C-3 COMMERCIAL—COMMUNITY DISTRICTS TO THE LW LIVE-WORK AND CN CONSERVATION DISTRICTS, NO. 15251-2021, 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, December 7, 2021. Private Applicant(s): Schulte Real Estate LLC - Mike Schulte A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 36.  Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 100 S. GRANGE AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 15272-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 7, 2021. Private Applicant(s): Koch Hazard Architects – Keith Thompson A motion was made by Council Member Neitzert and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 37. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Soehl was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM THE CITY. Recommendation: Set a date of 2nd Reading for Tuesday, December 7, 2021. Private Applicant(s): Connelly Properties, LLC A motion was made by Council Member Erickson and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 38. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM THE CITY. Recommendation: Set a date of 2nd Reading for Tuesday, December 7, 2021. Private Applicant(s): First Avenue Partners, LLC A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, December 7, 2021 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 40. Deferred from the Meeting of Tuesday, November 9, 2021; A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF 41ELLIS ADDITION (14832-2021). The Planning Commission recommends approval (6-0). Private Applicant(s): 41Ellis, LLC A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Agenda Item 40.  A motion was made by Council Member Neitzert and seconded by Council Member Starr to amend by adding the condition that a collector street be developed along or between the property line. Roll call vote to amend. 4 Yes: Starr, Brekke, Neitzert, Soehl; 3 No: Erickson, Jensen, Selberg. Motion Passed. Kiley was not present for the vote on this motion. Roll call vote to adopt, as amended. 0 Yes: (None); 7 No: Starr, Brekke, Erickson, Jensen, Neitzert, Selberg, Soehl. Motion Failed. Kiley was not present for the vote on this motion. 41. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A BRIDGE IMPROVEMENT GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 131-21. Roll call vote to adopt. 7 Yes: Starr, Brekke, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Erickson was not present for the vote on this motion. RESOLUTION NO. 131-21 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A 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 bridge hereinafter described: Structure No. 50-203-195 located on North Drive, West of Phillips Ave. and over the BNSF Railroad Line Structure No. 50-205-192 located on North Drive, West of N. Fourth Ave. and over the Big Sioux River Diversion 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: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 42. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION, “CHRIS KAYL MEMORIAL FAMILY DOCK,” LOCATED IN AN OUTDOOR AREA ON PUBLIC PROPERTY AT FAMILY PARK. Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Kiley to adopt Resolution No. 132-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 132-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE COMMEMORATIVE NAMING DESIGNATION, “CHRIS KAYL MEMORIAL FAMILY DOCK,” LOCATED IN AN OUTDOOR AREA ON PUBLIC PROPERTY AT FAMILY PARK. WHEREAS, application 2021-08-21 was submitted by numerous City of Sioux Falls employees and the family of Chris Kayl to commemoratively name a fishing dock within Family Park located at 300 N. Ellis Rd.; and WHEREAS, the commemorative naming of the “Chris Kayl Memorial Family Dock” does not change the name of Family Park, but rather respectfully honors Chris Kayl for his dedication and commitment to his family, fellow employees, and the City of Sioux Falls through 23 years of service as an employee of the City of Sioux Falls; and WHEREAS, the City of Sioux Falls Parks and Recreation Board considered the commemorative naming application on September 15, 2021. Additionally, the Visual Arts Commission met on September 20, 2021, to review the application. The City of Sioux Falls Parks and Recreation Board and the Visual Arts Commission unanimously recommended approval of the commemorative naming designation; and WHEREAS, an engraved design on a quartzite stone approved by the Sioux Falls Parks and Recreation Board and the Visual Arts Commission is proposed for installation at the fishing dock in Family Park to bring recognition and meaning to the “Chris Kayl Memorial Family Dock;” NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That in accordance with Chapter 30 of the Code of Ordinances of Sioux Falls, SD, the City approves the commemorative name, “Chris Kayl Memorial Family Dock,” located at the entrance to the fishing dock at Family Park. That the commemorative naming quartzite stone and its placement within the Family Park outdoor area described above be approved as recommended. That the commemorative quartzite stone shall not be made and installed until payment is received from the applicant.  Date adopted: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS PROPERTY TO MCCROSSAN BOYS RANCH. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Brekke to adopt Resolution No. 133-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 133-21 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS PROPERTY TO MCCROSSAN BOYS RANCH. WHEREAS, the City of Sioux Falls Parks and Recreation department has declared as surplus the following property: Five (5) bleachers consisting of five (5) rows each (the “Property”) WHEREAS, McCrossan Boys Ranch is a South Dakota nonprofit corporation; and WHEREAS, the City desires to surplus and gift the Property to McCrossan Boys Ranch, who desires to acquire the Property for public use in an outdoor arena on their property; and WHEREAS, the Parks and Recreation Board met on October 20, 2021, and recommended that the City Council approve the surplus and gift of the Property to McCrossan Boys Ranch to support their operations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That the hereinafter-described surplus Property is no longer necessary, useful, or suitable for the purpose for which it was acquired and is about to be abandoned for public purposes. Section 3. That the City is hereby directed to transfer by gift the Property to McCrossan Boys Ranch, a South Dakota nonprofit corporation, to be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 11/16/21 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk 44. 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 MABLE 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 Brekke and seconded by Council Member Soehl to adopt Resolution No. 134-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 134-21 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 MABLE 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 three-year agreement be now executed and subsequently entered into; 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 three-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: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE ZOOLOGICAL SOCIETY OF SIOUX FALLS FOR THE MANAGEMENT OF THE GREAT PLAINS ZOO & DELBRIDGE MUSEUM. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Resolution No. 135-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 135-21 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE ZOOLOGICAL SOCIETY OF SIOUX FALLS FOR THE MANAGEMENT OF THE GREAT PLAINS ZOO & DELBRIDGE MUSEUM. WHEREAS, the City of Sioux Falls (the “City”) and the Zoological Society of Sioux Falls (the “Society”) find that it is in the best interest of the people of the city of Sioux Falls, the Society, and the Great Plains Zoo & Delbridge Museum of Natural History (the “Zoo and Museum”) that an agreement be continued between the City and Society, whereby the Society shall continue to operate, manage, maintain, plan, and develop the Zoo and Museum; and WHEREAS, by virtue of its purpose and interests, the Society is best qualified to the overall management and operation of the Zoo and Museum; and WHEREAS, the Society and the City find that it is in both parties’ best interest that a five-year contract be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Agreement Between the City of Sioux Falls, South Dakota, and the Zoological Society of Sioux Falls for Management of the Great Plains Zoo & Delbridge Museum,” being a five-year agreement for the Society to manage the Great Plains Zoo & Delbridge Museum, is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Zoological Society of Sioux Falls. Date adopted: 11/16/21 . Paul TenHaken, Mayor  ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. (Highways and Streets, $3,300,000) Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Brekke to adopt Resolution No. 136-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 136-21 A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2021–2025 Capital Program shall be amended as follows: Public Works—Highways and Streets Amend Capital Improvements Program Project No. 11006, Arterial Street Improvements, by increasing the amount of funding for Arterial Street Platting Fees by $3,300,000 in 2021. The additional funding will require an increase in appropriations that will be funded by platting fees collected. Date adopted: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 47. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 137-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 137-21 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 2022 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 $2,428.00 $2,558.40 $2,680.00 $2,803.20 $2,925.60 $3,052.00 $3,176.80 $3,300.00 $3,421.60 b. The 2022 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 $2,877.60 $3,035.20 $3,192.00 $3,351.20 $3,508.00 $3,666.40 $3,828.00 $3,981.60 $4,141.60 c. The 2022 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 $2,973.60 $3,141.60 $3,308.80 $3,475.20 $3,643.20 $3,805.60 $3,976.00 $4,142.40 $4,310.40 d. The 2022 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 $2,638.40 $2,780.00 $2,921.60 $3,061.60 $3,204.80 $3,345.60 $3,484.80 $3,628.00 $3,769.60 e. The 2022 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 $28.81 $30.12 $31.41 $32.82 $34.33 $35.85 $37.47 $39.09 $40.88 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: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 1, 2022, TO MONDAY, JANUARY 31, 2022. Sponsors: Council Members Soehl and Jensen A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 138-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 138-21 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, FEBRUARY 1, 2022, TO MONDAY, JANUARY 31, 2022. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, February 1, 2022, will be rescheduled to 6 p.m. on Monday, January 31, 2022. This resolution is necessary as February 1, 2022, is the date of travel for City Council members and the start of events for the 2022 Municipal Government Day at the State Legislature in Pierre, SD. The corresponding Informational Meeting will be rescheduled as noted above. Date adopted: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 49. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Erickson to adopt Resolution No. 139-21. Roll call vote to adopt. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.  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 Lee Jensen Falls Community Health Reappointed for a term from Center Governing Board November 2021 to November 2024. Sylvia Smith Falls Community Health Appointed for a term from Center Governing Board November 2021 to November 2024 (to replace Dr. Bruce Vogt). Andrew Berg Infrastructure Review Indefinite term representing Advisory Board (IRAB) Public Works (to replace Mark Cotter). Kevin Smith Infrastructure Review Indefinite term representing Advisory Board (IRAB) Planning and Development Services (to replace Jeff Eckhoff). Emmanuel Public Transit Advisory Board Appointed for a term from Gutierrez November 2021 to November 2024 (to replace Jeri Reed). Erik Nelson Public Transit Advisory Board Reappointed for a term from November 2021 to November 2024. Allen Svennes Public Transit Advisory Board Reappointed for a term from November 2021 to November 2024. Date adopted: 11/16/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT David Zokaites spoke about smooth valley gutters on roads. Sierra Broussard spoke about open meetings and police investigations. Chad Bishop spoke about the need to adopt a position on vaccination requirements. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Kiley to adjourn at 9:46 p.m. Voice vote to adjourn. 8 Yes: Starr, Brekke, Erickson, Jensen, Kiley, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk