City Council Meeting

MINUTES Regular City Council Meeting Tuesday, December 6, 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 Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr (arr. 6:01 p.m.), Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Mayor Paul TenHaken 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: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 15, 2022  City Council Meeting of Tuesday, November 15, 2022  Informational Meeting of Tuesday, November 22, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 2, 2022. 7. Notice of change orders on the memorandum dated December 2, 2022. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Burger King to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 West 6th Street, on January 9, 2023. 9. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: November 22, 2022; 7,500 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; if #1 diesel is not available, they will bid only #2 clear diesel; Howes Oil; #1 Clear Diesel (N/A) and #2 Clear Diesel ($3.80); Parkland/Farstad Oil, Harms Oil, CHS, Petroleum Traders, Inc. and Midwest Oil, all no bids. Bid awarded to: Howes Oil. APPLICATIONS 10. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #88153, for 2019 property taxes in the amount of $776.42. Reason: Veteran Exempt Surviving Spouse. 12. Parcel #88153, for 2020 property taxes in the amount of $762.46. Reason: Veteran Exempt Surviving Spouse. 13. Parcel #88153, for 2021 property taxes in the amount of $544.34. Reason: Veteran Exempt Surviving Spouse. 14. Parcel #43291, for 2021 property taxes in the amount of $743.14. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #80223, for 2021 property taxes in the amount of $743.15. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #85648, for 2021 property taxes in the amount of $743.13. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #53916, for 2020 property taxes in the amount of $98.44. Reason: The property is exempt from the tax. 18. Parcel #53916, for 2021 property taxes in the amount of $1,236.44. Reason: The property is exempt from the tax. 19. Parcel #44379, for 2021 property taxes in the amount of $841.06. Reason: Veteran Exempt Surviving Spouse. NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License, off-sale use only, for Get N Go #23, 4801 South Sycamore Avenue. 21. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License and New 2023 Retail Wine License for La Plaza Fiesta, 521 West 85th Street. 22. Set a date of hearing for Tuesday, December 20, 2022. Transfer of 2022 Retail Liquor License from Initiative Investments LLC, 1105 North Minnesota Avenue, to The Hideout, 1213 North Cliff Avenue. 23. Set a date of hearing for Tuesday, December 20, 2022. Transfer of 2022 Retail Liquor License from SRS Inc, The Sandbar, 2310 South Marion Road, Suite 100, to Joshua VanDyke, Sandbar & Grill, 2310 South Marion Road, Suite 100. 24. Set a date of hearing for Tuesday, December 20, 2022. Transfer of 2022 Package Liquor License from JKB Enterprises, J & K Kwik Stop, 1200 East 10th Street, to The Gold Mine Inc, 3505 East 10th Street, Suite 1. 25. Set a date of hearing for Tuesday, December 20, 2022. Renewal of 2023 Package Liquor License for The Gold Mine Inc, 3505 East 10th Street, Suite 1. 26. Set a date of hearing for Tuesday, December 20, 2022. Transfer of 2022 Package Liquor License from Stern Oil Co Inc, 49er, 3501 West 49th Street, to Cioux LLC, 3501 West 49th Street. 27. Set a date of hearing for Tuesday, December 20, 2022. Transfer of 2022 Retail Liquor License from Alpine II LLC, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102, to MG Oil Company, Alpine Sports Bar & Casino 2, 212 South Sneve Avenue, Suite 102. 28. Set a date of hearing for Tuesday, December 20, 2022. Transfer of 2022 Package Liquor License from Tinners, 449 West 69th Street, to T180, 2101 West 69th Street, Suite 107. 29. Set a date of hearing for Tuesday, December 20, 2022. Special One-Day Liquor License for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on September 23 and December 31, 2022. 30. Set a date of hearing for Tuesday, December 20, 2022. Special One-Day Off-Sale Wine License for American Heart Association to be operated at The District, 4521 West Empire Place, for a fundraiser on February 3, 2023. 31. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 3401 West 85th Street, Suite C. 32. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Deuces Casino, 3401 West 85th Street, Suite C. 33. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 300. 34. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street, Suite 300. 35. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement to an existing 2022-23 Retail Malt Beverage License for Remedy Brewing Company, 611 North West Avenue. 36. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement to existing 2022-23 Retail Malt Beverage License for Deuces Casino, 6010 South Cliff Avenue, Suite 103. 37. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100A. 38. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100A. 39. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100B. 40. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100B. 41. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 510 South Valley View Road, Suite 3. 42. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Deuces Casino, 510 South Valley View Road, Suite 3. 43. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 5115 East Arrowhead Parkway, Suite 103. 44. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Deuces Casino, 5115 East Arrowhead Parkway, Suite 103. 45. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 101. 46. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 101. 47. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 102. 48. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage for 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 102. 49. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 103. 50. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage for 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 103. 51. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Paradise Casino Central III, 1821 West 12th Street, Suite C. 52. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Paradise Casino Central III, 1821 West 12th Street, Suite C. 53. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Crown Cliff Casino III, 902 South Cliff Avenue, Suite 103. 54. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Crown Cliff Casino III, 902 South Cliff Avenue, Suite 103. 55. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street. 56. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street. 57. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street, Suite 1. 58. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street, Suite 1. 59. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street, Suite 2. 60. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street, Suite 2. 61. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail, Suite 101. 62. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Gove Trail, Suite 101. 63. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail, Suite 102. 64. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Gove Trail, Suite 102. 65. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail, Suite 103. 66. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Gove Trail, Suite 103. 67. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for JS Entertainment Inc, 2819 East 10th Street, Suite 101. 68. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for JS Entertainment Inc, 2819 East 10th Street, Suite 101. 69. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Woody’s Holdings Inc, 900 South Marion Road, Suite 102. 70. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Woody’s Holdings Inc, 900 South Marion Road, Suite 102. 71. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th Street. 72. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th Street. 73. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th Street. 74. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th Street. 75. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Connexions South 2, 6801 South Louise Avenue, Suite 2. 76. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Connexions South 2, 6801 South Louise Avenue, Suite 2. 77. Set a date of hearing for Tuesday, December 20, 2022. New 2023 Retail Wine License and New 2022-23 Retail Malt Beverage License for East Connexions 2, 3233 South Sycamore Avenue, Suite 2. 78. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for East Connexions 2, 3233 South Sycamore Avenue, Suite 2. 79. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 1. 80. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 1. 81. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 2. 82. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 2. 83. Set a date of hearing for Tuesday, December 20, 2022. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 3. 84. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff Avenue, Suite 3. 85. Set a date of hearing for Tuesday, December 20, 2022. New 2023-24 Retail Malt Beverage License for B & D Group Investments LLC, 5400 West University Trail. 86. Set a date of hearing for Tuesday, December 20, 2022. Request for video lottery placement with the 2023-24 Retail Malt Beverage License for B & D Group Investments LLC, 5400 West University Trail. REGULAR AGENDA 87. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 88. New 2022-23 Retail Malt Beverage License and 2023 Retail Wine License for Hollywood Style, 3301 East 26th Street, Suite 113. 89. Transfer of 2022 Retail Wine License for Black Cat Art Studio, 1412 West 41st Street, to Black Cat Art Studio, 2101 West 41st Street, Suite 43. 90. Renewal of 2023 Retail Wine License for Black Cat Art Studio, 2101 West 41st Street, Suite 43. 91. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2023 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. A motion was made by Council Member Starr and seconded by Council Member Soehl to defer to the City Council Meeting on Tuesday, December 20, 2022, the following two items from Exhibit C: Renewal of 2023 Package Liquor License and Renewal of 2023 Retail Wine License for Shop N Cart North, 1029 North Minnesota Avenue and renewal of 2023 Package Liquor License for Smokin’ Deals, 1604 East 10th Street. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Jensen to approve all of the remaining items on Exhibit C. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Starr to approve Items 88, 89 and 90. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 92. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 33RD ST. AND WEST OF S. CANYON AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 17281-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Savanna Development LLP – Brian Jackson A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 136-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 93. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4705 W. BOETEL PL. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 17282-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Veldhouse Construction Inc. – Caleb Veldhouse A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 137-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 94. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND WEST OF VETERANS PKWY. FROM THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL— MODERATE DENSITY, O OFFICE, AND THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE RA-1 APARTMENT RESIDENTIAL— LOW DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, LW LIVE-WORK, O OFFICE, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 17285-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Foss Fields Development Co. – Joel Ingle A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 138-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 95. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1200 E. 77TH ST. FROM THE RS SINGLE-FAMILY  RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 17305- 2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): McDaniel Properties LLC – Ross McDaniel A motion was made by Council Member Neitzert and seconded by Council Member Barranco to adopt Ordinance No. 139-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 96. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Selberg to defer Item 96 to the City Council Meeting on Tuesday, December 20, 2022. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 97. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Ordinance No. 140-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 98. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ESTABLISHING AN ACTIVE TRANSPORTATION BOARD. Recommendation: Set a date of 2nd Reading for Tuesday, December 13, 2022. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, December 13, 2022 for Item 98. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 99. A RESOLUTION APPROVING THE MINNESOTA AVENUE CORRIDOR PHASE I LAND USE REPORT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to defer Item 99 to the City Council Meeting on Tuesday, January 17, 2023. Roll call vote to defer. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 100. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC. FOR THE MANAGEMENT OF THE WASHINGTON PAVILION OF ARTS AND SCIENCE, ORPHEUM THEATER, AND THE MUNICIPAL BAND. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 140-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 140-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC. FOR THE MANAGEMENT OF THE WASHINGTON PAVILION OF ARTS AND SCIENCE, ORPHEUM THEATER, AND THE MUNICIPAL BAND. WHEREAS, the City owns the Washington Pavilion of Arts and Science located in downtown Sioux Falls, and a domed motion picture theater, and a future planetarium, which collectively are used for cultural, social, and business events, exhibitions, public and private gatherings, and other similar uses, situated in Sioux Falls, SD, (“the Pavilion”); and WHEREAS, the City owns the Orpheum Theater in Sioux Falls, SD, (“Orpheum”); and WHEREAS, the Pavilion and Orpheum shall collectively be referred to as the “Facilities”; and WHEREAS, the City owns and maintains assets held within the Facilities, including science exhibits, and equipment necessary to provide programming for the Facilities; and WHEREAS, the City and the Management Company will work collaboratively to ensure the long-term viability of the Facilities as first-class facilities for the public’s enjoyment; and WHEREAS, the City operates the Sioux Falls Municipal Band (the “Municipal Band”), providing concerts throughout the community, and the City seeks to contract with the Management Company to provide management of the Municipal Band; and WHEREAS, this Agreement also serves as an understanding of a long-term relationship between the City and the Management Company; and WHEREAS, the City desires to have the Management Company manage and operate the Facilities and manage the Municipal Band, and the Management Company desires to perform such services on the terms and conditions of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this Resolution entitled “Management and Operating Agreement between the City of Sioux Falls, South Dakota, and Washington Pavilion Management, Inc.,” for the Management Company to manage and operate the Washington Pavilion of Arts and Science, the Orpheum Theater, and the Municipal Band (the “Management Agreement”) is hereby approved. Section 2. The Mayor is authorized to sign the Management Agreement after it is ratified and executed by the Management Company. Section 3. The City shall publish the Resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 12/06/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 101. 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. 141-22. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 141-22 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 2023 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 $2,500.80 $2,635.20 $2,760.80 $2,887.20 $3,013.60 $3,143.20 $3,272.00 $3,399.20 $3,524.00 b. The 2023 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 $2,964.00 $3,126.40 $3,288.00 $3,452.00 $3,613.60 $3,776.00 $3,943.20 $4,100.80 $4,265.60 c. The 2023 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 $3,063.20 $3,236.00 $3,408.00 $3,579.20 $3,752.80 $3,920.00 $4,095.20 $4,266.40 $4,440.00 d. The 2023 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 $2,717.60 $2,863.20 $3,009.60 $3,153.60 $3,300.80 $3,445.60 $3,589.60 $3,736.80 $3,882.40 e. The 2023 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 $29.67 $31.02 $32.35 $33.80 $35.36 $36.93 $38.59 $40.26 $42.11 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 one of its management employees or a City Council member 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: 12/06/22 . 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) 102. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED November 30, 2022. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Sierra Broussard spoke about the demographics of the Downtown areas. Council Member Pat Starr wished his daughter, Angela, a Happy 15th Birthday. Sheila Hazard spoke about the creation of the Downtown area in Sioux Falls and expressed her appreciation to the City Council for all their hard work. ADJOURNMENT A motion was made by Council Member Selberg and seconded by Council Member Barranco to adjourn the meeting at 7:28 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk