City Council Meeting

AGENDA City Council Meeting Tuesday, December 13, 2022 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  Dorothy TerHorst, 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  Informational Meeting of Tuesday, December 6, 2022  Regular City Council Meeting of Tuesday, December 6, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 9, 2022. 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. 7. 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 SECOND READINGS Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous meeting. Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five affirmative votes by members of the Council for adoption of ordinances (some ordinances require six affirmative votes for adoption)). 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ESTABLISHING AN ACTIVE TRANSPORTATION BOARD. Sponsor: Mayor Background & Objective: The purpose of the Sioux Falls Active Transportation Board (ATB) is to advise the city council, city departments, and city boards regarding bicycle, pedestrian, and other active transportation and accessible pedestrian transportation modes. 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). 9. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING A DEFINITION TO SECTION 53.001 DEFINITIONS OF CHAPTER 53 PUBLICLY OWNED TREATMENT WORKS. Recommendation: Set a date of 2nd Reading for Tuesday, December 20, 2022. Sponsor: Mayor Background & Objective: Pursuant to the City's Audit, the EPA is requiring an update to Chapter 53 to include the term "Pretreatment Requirements" the proposed ordinance with this included definition is what is being proposed. 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). 10. A MOTION TO PROVIDE ADVICE AND CONSENT TO THE MAYOR'S APPOINTMENT OF SHAWN PRITCHETT AS THE DIRECTOR OF FINANCE AND DIRECTOR OF INNOVATION AND TECHNOLOGY. Sponsor: Mayor Background & Objective: Per City Charter Section 4.01, the appointment by the Mayor of any director or head of any city department shall only be effective with the advice and consent of the Council. The Mayor may appoint one person as the head of two or more departments. 11. A RESOLUTION OF THE CITY OF SIOUX FALLS RESCINDING RESOLUTION NO. 106-83 AND RESOLUTION NO. 154-81 AND DISSOLVING THE SIOUX FALLS SCHOOL TRAFFIC SAFETY ADVISORY COMMITTEE. Sponsor: Mayor Background & Objective: The establishment of the Active Transportation Board includes the formation of subcommittees representing bicycles, pedestrians, and PATH. The resolution rescinding is being brought forward with the second reading of the Active Transportation Board Ordinance. 12. A RESOLUTION APPROVING THE RELEASE OF A 20-FOOT WATER SERVICE EASEMENT, 30-FOOT DRAINAGE AND WATER SERVICE EASEMENT, AND 10 FOOT UTILITY EASEMENT LOCATED IN THE E1/2SE1/4 SECTION 24, TOWNSHIP 102 NORTH, RANGE 50 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Sponsor: Mayor Background & Objective: These easements were dedicated to provide temporary utilities to the lift station just south of this parcel and a path for the drainage in Foundation Park. Since then, the utilities have been relocated and the new drainage is being addressed with our storm water division. This will release these easements to aid in the redevelopment of this parcel. 13. A RESOLUTION ADOPTING THE 2022 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Jensen and Soehl Background & Objective: The resolution amends the existing 2022 CITY COUNCIL POLICIES AND PROCEDURES by removing the sentence, "No allowance for mileage is made for in-city travel" within the Travel Policy. This change would allow council employees to receive mileage reimbursement for work related travel within the city. 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. 14. HOMELESS TASK FORCE RECOMMENDATIONS 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 The City Council and Informational Meetings originally scheduled for Tuesday, February 7, 2023, have been rescheduled to Monday, February 6, 2023. 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.