Special City Council Meeting

MINUTES Special City Council Meeting Tuesday, March 31, 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 (via telecom), Mayor Paul TenHaken Absent: None 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA 3. Approval of the Consent Agenda A request was made by Council Member Neitzert to place Sub-Items 1 and 37 from Agenda Item 4 on the Regular Agenda for Council Discussion (Item 1: Fire Rescue; Fire Station 12-To Award a Bid; Hoogendorn Construction, Inc.; $2,604,000) and (Item 37: Planning and Development-Housing; Provide Assistance for Unmet Needs Related to the COVID-19 Pandemic; Sioux Falls Area Community Foundation, Inc.). He further requested sub-item 37 be heard after Agenda Item 6. See Agenda Item 4 for action taken. A motion was made by Council Member Selberg and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. COMMUNICATIONS 4. Approval of contracts/agreements on the memorandum dated March 27, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve Sub-Item 1 (Fire Rescue; Fire Station 12-To Award a Bid; Hoogendorn Construction, Inc.; $2,604,000) to Agenda Item 4.  Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. A motion was made by Council Member Selberg and seconded by Council Member Brekke to approve Sub-Item 37 (Planning and Development-Housing; Provide Assistance for Unmet Needs Related to the COVID-19 Pandemic; Sioux Falls Area Community Foundation, Inc.) to Agenda Item 4. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. REGULAR AGENDA 5. Approval of the Regular Agenda A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Sub-Item 1 to Agenda Item 4 was heard at this time. See Agenda Item 4 for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES 6. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL EMERGENCY APPROPRIATIONS FOR HOUSING. (This ordinance shall 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 Soehl to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 6. A motion was made by Council Member Neitzert and seconded by Council Member Soehl to amend the proposed ordinance by changing Section 4 to read: “Immediate Effect: This ordinance is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13.. 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 Starr and seconded by Council Member Stehly to amend by renumbering existing sections 3 and 4 to become 4 and 5 and adding a new section 3 to read: “The City shall have the right to audit the books and records (in whatever form they may be kept, whether written, electronic, or other) of the Sioux Falls Area Community Foundation relating or pertaining to the One Sioux Falls Fund (including any and all documents and other materials in whatever form they may be kept, which support or underlie those books and records) kept by or under the control  of the Sioux Falls Area Community Foundation, including, but not limited to, those kept by the Sioux Falls Community Foundation, its employees, agents, assigns, successors, and subcontractors. The Sioux Falls Area Community Foundation shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including all renewals thereof. The books and records, together with the supporting or underlying documents and materials, shall be made available, upon request, to the City, through its employees, agents, representatives, contractors, or other designees, during normal business hours at the Sioux Falls Area Community Foundation’s office or place of business in Sioux Falls, SD. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, City, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are expressed or implied". Roll call vote to amend. 0 Yes: (None); 8 No: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson. Motion Failed. Roll call vote to set a date of 2nd Reading, as amended. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Sub-Item 37 to Agenda Item 4 was heard at this time. See Agenda Item 4 for action taken. 7. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING INTERIM REVISIONS TO CHAPTER 57 OF THE CODE OF ORDINANCES OF SIOUX FALLS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). (This ordinance shall 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 Kiley to set a date of 2nd Reading for Tuesday, April 7, 2020 for Item 7. A motion was made by Council Member Neitzert and seconded by Council Member Selberg to amend the proposed ordinance by changing Section 4 to read: “Immediate Effect: This ordinance is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13”. Roll call vote to amend. 8 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Stehly, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to set a date of 2nd Reading, 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 Neitzert to adjourn at 8:56 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