City Council

AGENDA City Council Meeting Wednesday, April 10, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Council Member Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Mayor Paul TenHaken 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council with one vote. Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council member, an item may be removed from the consent agenda and placed on the regular agenda whenever that council member believes additional discussion on the item is necessary”. Items removed from the Consent Agenda are typically considered after Approval of the Regular Agenda. 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, March 26, 2024  Informational Meeting of Tuesday, April 2, 2024  Regular City Council Meeting of Tuesday, April 2, 2024 COMMUNICATIONS 6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through March 31, 2024. 7. Approval of contracts/agreements over $100K on the memorandum dated April 5, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Sadie Swier and Erik Muckey to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on May 31, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #35849, for 2023 property taxes in the amount of $1,492.87. Reason: Assessment Freeze for the Elderly and Disabled. 10. Parcel #45232, for 2023 property taxes in the amount of $894.00. Reason: Assessment Freeze for the Elderly and Disabled. 11. Parcel #45037, for 2023 property taxes in the amount of $1,614.65. Reason: Assessment Freeze for the Elderly and Disabled. 12. Parcel #80722, for 2023 property taxes in the amount of $1,345.31. Reason: Assessment Freeze for the Elderly and Disabled. 13. Parcel #40893, for 2023 property taxes in the amount of $886.85. Reason: Assessment Freeze for the Elderly and Disabled. 14. Parcel #41830, for 2023 property taxes in the amount of $1,365.37. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up for consideration are presented and public comment is taken prior to the making of motions. 15. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES The title of each ordinance is read twice with at least five days intervening between the first and second reading (SDCL 9-19-7). ORDINANCE FIRST READINGS The City Council typically sets the date of second reading for ordinances listed as first readings. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, GRANTING PERMANENT UTILITY EASEMENT TO MCIMETRO ACCESS TRANSMISSION SERVICES, LLC, 600 HIDDEN RIDGE, IRVING, TX 75038 (“GRANTEE MCIMETRO”), MIDCONTINENT COMMUNICATIONS, GENERAL PARTNERSHIP, 3600 MINNESOTA DRIVE, SUITE 700, MINNEAPOLIS, MN 55435 (“GRANTEE MIDCO”), AND SOUTH  DAKOTA NETWORK, LLC, 2900 WEST 10TH STREET, SIOUX FALLS, SD 57104 (“GRANTEE SDN”), (COLLECTIVELY, “GRANTEES”), BY THE CITY OF SIOUX FALLS, A MUNICIPAL CORPORATION OF THE STATE OF SOUTH DAKOTA (“CITY”). Recommendation: Set a date of 2nd Reading for Tuesday, April 16, 2024. Sponsor: Mayor Background & Objective: Cherapa IIQOZB, LLC is developing buildings Cherapa II, Cherapa III, and Cherapa IV, to facilitate Cherapa's Development. Cherapa requested the City grant an easement on City property into which the Grantees may relocate their Facilities. This Ordinance is to approve the agreement granting a perpetual, nonexclusive easement as provided herein on City Property into which the Grantees may relocate their Facilities. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED JOINT ZONING ORDINANCE FOR LINCOLN COUNTY AND THE CITY OF SIOUX FALLS BY REZONING PROPERTY LOCATED SE1/4 INCLUDING LOT 7 IN THE SE1/4 SE1/4 (EX. PARTS SOLD), SECTION 20-T100N-R49W, SPRINGDALE TOWNSHIP FROM THE A-1 AGRICULTURAL DISTRICT TO THE C COMMERCIAL DISTRICT. Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Lincoln County Commission Meeting of Tuesday, April 23, 2024. Private Applicant(s): 605 Storage Condos LLC Background & Objective: The applicant is requesting a Rezoning from the A-1 Agricultural District to the C-1 Commercial District to allow the development of 126,720 square feet of warehousing condos. HEARINGS AND RESOLUTIONS Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no action required for said item. 18. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor Background & Objective: The Resolution Appoints/Reappoints Members To The: Human Relation Commission And Airport Authority Board. NOTICE OF HEARINGS FOR STREET VACATIONS 19. A RESOLUTION VACATING A PART OF RIGHT-OF-WAY LYING ALONG THE SOUTH SIDE OF WEST TICKMAN STREET RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, May 14, 2024. Private Applicant(s): Lifescape Background & Objective: Lifescape is working on developing this site and will be submitting a replat in the near future. Upon review of the site, it was determined by city  staff that the small piece of right-of-way no longer is needed and we would support vacating this and create a uniform lot line. NEW BUSINESS During consideration of new business, the Mayor or any two City Council members may bring before the City Council any business that person feels should be deliberated upon by the City Council. These matters can be added to the agenda by a vote of six City Council members and will be considered under new business. Formal action on these matters shall be deferred until a subsequent City Council meeting, unless consideration is necessary for the immediate preservation of the public peace, health or safety of the municipal government. If the City Council chooses to take immediate action on the newly calendared agenda item, an affirmative vote of six members of the Council is required for approval. (City Ordinance §30.014(d)). GENERAL PUBLIC INPUT During General Public Input, comments shall last no more than three minutes per person and comments are limited to topics which do not involve agenda items appearing earlier in the agenda as comments will have already been received for those items (City Ordinance §30.015). ADJOURNMENT A motion to adjourn is decided without debate and without the need for a roll call vote. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.GOV FOR MORE INFORMATION.