City Council Meeting

MINUTES City Council Meeting Tuesday, June 14, 2022 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 Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: None 2. INVOCATION  Tom Rooney, Direct Line Prayer Center 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 7, 2022  Regular City Council Meeting of Tuesday, June 7, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated June 10, 2022. 7. Report of Requests for Quotes for Fuel dated: June 1, 2022: Unleaded (3,500 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 $3.9072. 8. Report of Requests for Quotes for Fuel dated June 1, 2022: Diesel (4,500 Gallons); Vollan Oil (Diesel $4.2841). Harms Oil, No Bid. Bid awarded to: Vollan Oil. 9. Report of Requests for Quotes for Fuel dated: June 3, 2022: Unleaded (5,500 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17677, the awarded contractor is Vollan Oil, price paid is Unleaded $4.1508. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “TOMAR PARK TENNIS COMPLEX NAMING AGREEMENT” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS TENNIS ASSOCIATION. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 65-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, CONVEYING CERTAIN REAL PROPERTY BY QUIT CLAIM DEED TO THE STATE OF SOUTH DAKOTA PURSUANT TO SDCL 6-5-5 AND 9-12-5. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 66-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTIONS 111.012 and 111.015 IN CHAPTER 111: ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF SAID CITY. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 67-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 121: MEDICAL CANNABIS REGULATIONS. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 68-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 15. 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, June 21, 2022. Private Applicant(s): Northern States Power Company A motion was made by Council Member Jensen and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, June 21, 2022 for Item 15. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR PARKS AND RECREATION. Parks and Recreation ($100,000). Recommendation: Set a date of 2nd Reading for Tuesday, June 21, 2022. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, June 21, 2022 for Item 16. Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 66-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 66-22 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its drinking water system, including, but not limited to, Well 25 Improvements and Veterans Parkway Transmission Main Improvements (the “Projects”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves up to the $12,500,000 for the Well 25 Improvements and Veterans Parkway Transmission Main Improvements to the South Dakota Board of Water and Natural Resources for the Projects. 2. That the City is hereby authorized to execute the application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Projects. Date adopted: 06/14/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 18. A RESOLUTION AMENDING THE 2022–2026 CAPITAL PROGRAM TO ADD FUNDING TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 14009, AQUATIC FACILITIES IMPROVEMENTS. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 67-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 67-22 A RESOLUTION AMENDING THE 2022–2026 CAPITAL PROGRAM TO ADD FUNDING TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 14009, AQUATIC FACILITIES IMPROVEMENTS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2022–2026 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvement Program Project No. 14009, Aquatic Facilities Improvements, by adding funding in 2022. The estimated cost for conducting the community engagement process associated with gathering feedback for future aquatic facilities renovation/replacement projects is $100,000 and will require an increase in appropriations that will be funded by a donation from the Sioux Falls Area Community Foundation. Date adopted: 06/14/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 19. A RESOLUTION RECOGNIZING JUNE AS PRIDE MONTH IN SIOUX FALLS, SD. Sponsors: Council Members Starr and Soehl A motion was made by Council Member Starr and seconded by Council Member Soehl to adopt Resolution No. 68-22. Roll call vote to adopt. 5 Yes: Selberg, Soehl, Starr, Barranco, Jensen; 3 No: Neitzert, Cole, Merkouris. Motion Passed. RESOLUTION NO. 68-22 A RESOLUTION RECOGNIZING JUNE AS PRIDE MONTH IN SIOUX FALLS, SD. WHEREAS, in 2022, more than 11 million Americans openly identify as LGBTQ, including over 30,000 South Dakotans; WHEREAS, June is designated “International Gay Pride Month,” honoring the history and achievements of the Lesbian, Gay, Bisexual, Transgender, Queer, Two-Spirit community, and all who identify as LGBTQIA+; WHEREAS, according to the Center for American Progress, a quarter of LGBTQ individuals still experience discrimination in some form every year; WHEREAS, more than a third of LGBTQ high school and college students continue to experience discrimination that negatively affects their ability to learn and to feel accepted; WHEREAS, the friends, family members, supporters, and members of the LGBTQ community know their own hopes, their own dreams, and their own voices cannot be silenced by hatred and bigotry; WHEREAS, Sioux Falls Pride here in Sioux Falls is mission bound to bettering the lives and liberties of the LGBTQ residents and families of Sioux Falls, SD, and the surrounding area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Sioux Falls City Council does hereby recognize June as Pride Month. Date adopted: 06/14/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 20. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND SIOUX EMPIRE LEADERSHIP COUNCIL. A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 69-22. Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 69-22 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, URBANIZED DEVELOPMENT COMMISSION (UDC), AND SIOUX EMPIRE LEADERSHIP COUNCIL. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following City Council appointments:  Name Board Term Curt Soehl SECOG Appointed for a term to expire May 31, 2023. Pat Starr SECOG Appointed for a term to expire May 31, 2023. Jim David SECOG Appointed for a term to expire May 31, 2023, as an alternate. David Barranco UDC Appointed for a term to expire May 31, 2023. Rich Merkouris UDC Appointed for a term to expire May 31, 2023. Greg Neitzert UDC Appointed for a term to expire May 31, 2023. Pat Starr UDC Appointed for a term to expire May 31, 2023. David Bixler and UDC Appointed for a term to expire May 31, Jim David 2023, as alternates. David Barranco Sioux Empire Appointed for a term to expire May 21, Leadership Council 2024. Greg Neitzert Sioux Empire Appointed for a term to expire May 21, Leadership Council 2024, as an alternate. Section 1. The appointed persons may continue to serve after the expiration of his/her term of office until a replacement is appointed and approved by the City Council. Date adopted: 06/14/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 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) 21. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED May 31, 2022. NEW BUSINESS There was none. GENERAL PUBLIC INPUT  Rick Knobe spoke about workplace violence. David Zokaites spoke about practical government. Dennis Haugen spoke about acts against democracy and recommended several books for review. Scott Ehrisman spoke about leading a team. Sierra Broussard spoke about the LGBTQ community and proclamations. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Cole to adjourn the meeting at 7:32 p.m. Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk