Senior Citizens Advisory Commission

AGENDA City Council Meeting Tuesday, August 8, 2023, 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  Jeanne Omland, Direct Line Prayer Partner 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  Budget Hearings of Wednesday, August 2, 2023  Regular City Council Meeting of Wednesday, August 2, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 4, 2023. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Adam Nyhaug to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August 27, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from the Mary Jo Arboretum to consume, but not sell, alcoholic beverages at the Educational Center, 1900 S. Perry Pl., on September 14, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Jason Roskens to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on September 16, 2023. 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. For Regular Agenda items, comments 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. 10. 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. Actions: Presentation, Public Comment (three minutes), Council Questions, Motion, Debate, Vote (majority of members present). 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS. ($250,000) Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor Background & Objective: To provide provisional supplemental appropriations for the donation of funds from the Sioux Falls Area Community Foundation for improvements at Jacobson Plaza. This supplemental appropriation is contingent upon the receipt of the donation from the Sioux Falls Area Community Foundation. 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. ($5.8M) Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor Background & Objective: The City experienced an extreme winter season in the beginning of 2023 which severely impacted the Highways and Streets budget and negatively impacted the Parks and Recreation operations budget. In addition, the Parks and Recreation budget has been impacted by an extremely dry season and cost  inflation for labor and supplies. This supplement includes adding funds to the Planning and Development for the additional revenues collected for lodging and BID taxes and per ordinance must be submitted to Experience Sioux Falls. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS AND STREETS WINTER OPERATIONS. ($2M) Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor Background & Objective: This provisional supplement is to support the Highways and Streets winter operations and to be used only if needed. This supplement ensures the city has emergency funding in place in order to maintain safe and drivable streets. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor Background & Objective: The permanent easement is being requested by Northern States Power Company to extend power into the Steel District site and create a loop for their service. This line will also bring power to the Downtown River Greenway Phase 3 property and will provide service for the future improvements. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “FIRST AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF NELSON PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS SKATEPARK ASSOCIATION. Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor Background & Objective: Amendment to the original agreement to allow the Skatepark Association to contract directly with a contractor to construct and gift skatepark improvements in lieu of gifting cash directly to the City for the improvements. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER. Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor Background & Objective: The City desires to lease real property to the Sioux Empire Triage Center. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING AN OFFER TO PURCHASE REAL ESTATE FROM CITY. Recommendation: Set a date of 2nd Reading for Tuesday, August 15, 2023. Sponsor: Mayor  Background & Objective: This purchase agreement is to clean up a remnant piece of property in downtown Sioux Falls by selling it to the adjacent landowner, Gourley Properties II, LLC. 18. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159.037, A-1 AGRICULTURE DISTRICT, CHAPTER 159.057, RR RURAL RESIDENTIAL DISTRICT, CHAPTER 159.077, RS-1 RESIDENTIAL DISTRICT, CHAPTER 159.097, RS-2 RESIDENTIAL DISTRICT, CHAPTER 159.117, RD RESIDENTIAL DISTRICT, CHAPTER 159.137, RA-1 RESIDENTIAL DISTRICT, CHAPTER 159.217, RC RECREATION/CONSERVATION DISTRICT, AND CHAPTER 159.486, DEFINITIONS. (Planning Commission recommended approval 4-0) Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, August 22, 2023. Private Applicant(s): Minnehaha County Planning Staff Background & Objective: An ordinance amendment to the 2002 Joint Zoning Ordinance for Minnehaha County and Sioux Falls to define a Short Term Rental and identify criteria to allow short term rentals as a Permitted Special Use in the joint area. 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY REZONING THE PROPERTY LOCATED ALONG SD HIGHWAY 38, APPROXIMATELY 1/2-MILE WEST OF N. MARION ROAD, BENTON TOWNSHIP, MINNEHAHA COUNTY, SD, FROM THE A-1 AGRICULTURAL DISTRICT TO THE C COMMERCIAL DISTRICT. (Planning Commission recommendation to approve failed 0-4.) Recommendation: Set a date of 2nd Reading for the Joint Sioux Falls City Council/Minnehaha County Commission Meeting of Tuesday, August 22, 2023. Private Applicant(s): Tad Fiegen Background & Objective: Applicant submitted a Rezoning request from A-1 Agricultural District to C Commercial District in the joint jurisdiction area with Minnehaha County. HEARINGS AND RESOLUTIONS Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no action required for said item. Actions: Presentation, Public Comment (five minutes for items up for final consideration; three minutes otherwise), Council Questions, Motion, Debate, Vote (majority of members present on most items). 20. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor Background & Objective: 21. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor  Background & Objective: 22. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor Background & Objective: 23. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor Background & Objective: 24. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. Sponsor: Mayor Background & Objective: 25. A MOTION TO APPROVE THE MAYOR'S APPOINTMENT OF RYAN JOHNSON, UTILITY ADMINISTRATOR, AS NOMINEE TO SERVE AS DIRECTOR, TO REPRESENT THE CITY OF SIOUX FALLS AT OFFICIAL MEETINGS OF DAKOTA MAINSTEM REGIONAL WATER SYSTEMS, INC., BOARD OF DIRECTORS AND NICHOLAS BORNS, CIVIL ENGINEER, P.E., AS ALTERNATE DIRECTOR FOR THE CITY OF SIOUX FALLS. Sponsor: Mayor Background & Objective: The Mayor needs to appoint a director to represent the City of Sioux Falls to the newly formed Dakota Mainstem Regional Water Systems, Inc., Board of Directors as Dakota Mainstem Regional Water Systems, Inc., gathers information and conceptual plans of Public Water System options for eastern South Dakota. 26. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 017658-2023—SANCTUARY ADDITION Sponsor: Mayor Background & Objective: Applicant is requesting to have 200 acres of contiguous property brought into city limits for urban residential development. 27. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 48-23. Sponsor: Mayor Background & Objective: At the request of the applicant, remove the annexation of the abutting public right of way - at this time - until within ownership. 28. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018281-2023—STEINEKE ADDITION Sponsor: Mayor  Background & Objective: Property owner is requesting to annex 130 acres of their land for industrial urban development within city limits. 29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor Background & Objective: The Resolution appoints/reappoints members to the: Board of Historic Preservation, Board of Health and Falls Community Health Governing Board. 30. A RESOLUTION APPOINTING CITIZEN MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. Sponsors: Council Members Barranco and Merkouris Background & Objective: Appoints two citizen members to the Audit Committee for a three year term. 31. A RESOLUTION APPROVING THE INTERNAL AUDITOR JOB DESCRIPTION. Sponsors: Council Members Merkouris and Barranco Background & Objective: The resolution updates the Internal Auditor Job Description to include additional responsibilities. 32. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. Sponsors: Council Members Merkouris and Barranco Background & Objective: The resolution updates the pay scale for the Internal Auditor position to reflect additional responsibilities. 33. A RESOLUTION ADOPTING THE 2023 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Merkouris and Selberg Background & Objective: The resolution amends the existing policies and procedures manual. 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) These items are read into the record with no action taken by the City Council. Some reports are formally presented. 34. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: July 26, 2023. 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. Actions: Motion and Voice 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.ORG FOR MORE INFORMATION.