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City Council Meeting

Regular Meeting

Sioux Falls, SD · January 10, 2023

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Minutes

MINUTES City Council Meeting Tuesday, January 10, 2023 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 Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco Absent: Mayor Paul TenHaken 2. INVOCATION  Senior Pastor Jeff Backer, St. Dysmas of South Dakota 3. PLEDGE OF ALLEGIANCE Council Chair Curt Soehl recognized Cub Scout Pack 46, who were in the audience. 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: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 3, 2023  City Council Meeting of Tuesday, January 3, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 6, 2023. 7. Notice of change orders on the memorandum dated January 6, 2023. REGULAR AGENDA 8. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT MUTUAL ACCESS EASEMENT. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Ordinance No. 6-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 10. Deferred from the meeting of Tuesday, January 3, 2023; A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS) PROGRAM. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to adopt Resolution No. 4-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 4-23 A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS) PROGRAM. WHEREAS, the City is in the process of recertifying its Community Rating System (CRS) program with FEMA, so property owners can continue to receive discounts on flood insurance; and WHEREAS, part of the CRS requirements require annual reports to be submitted in January 2022 to the City Council, detailing progress on floodplain management items in the Hazard Mitigation Plan and the Repetitive Loss Area Analysis (a report on areas damaged by recurring floods); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX FALLS, SD: That said reports are hereby accepted and will be released to the media, per CRS requirements. Date adopted: 01/10/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 11. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT OF WAY EASEMENT LOCATED IN LOT 8 IN BLOCK 7 OF ELROD’S ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Schemmer Consulting A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 5-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 5-23 A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT OF WAY EASEMENT LOCATED IN LOT 8 IN BLOCK 7 OF ELROD’S ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the right of way easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer; and WHEREAS, the right of way easement was granted to Minnehaha Community Water Corporation and filed in Book 164 of Miscellaneous on page 451 in the office of the Register of Deeds for Minnehaha County, SD, on January 2, 1987; and WHEREAS, an Assignment and Assumption of Easement between Minnehaha Community Water Corporation and City of Sioux Falls was filed in Book 291 of Miscellaneous on page 186 in the office of the Register of Deeds for Minnehaha County, SD, on April 9, 2020. The right of way easement was reaffirmed by plat and filed in Book 83 of Plats on page 305 in the office of the Register of Deeds for Minnehaha County, SD, on July 27, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the right of way easement, as shown on attached Exhibit A, and affecting the real property described as Lot 8 in Block 7 of Elrod’s Addition, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 01/10/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chad Bishop spoke about Covid-19 and vaccines. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn at 6:30 p.m. Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, January 10, 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 Sarah Cole Council Member Alex Jensen Council Member Rich Merkouris Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member David Barranco Mayor Paul TenHaken 2. INVOCATION  Senior Pastor Jeff Backer, St. Dysmas of South Dakota 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, January 3, 2023  City Council Meeting of Tuesday, January 3, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated January 6, 2023. 7. Notice of change orders on the memorandum dated January 6, 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. 8. 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)). 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT MUTUAL ACCESS EASEMENT. Sponsor: Mayor Background & Objective: An easement granted as a perpetual common unobstructed access in favor of Lot 4 of Zip Addition to the City of Sioux Falls, Minnehaha County, SD. 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. Deferred from the meeting of Tuesday, January 3, 2023; A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS) PROGRAM. Sponsor: Mayor Background & Objective: A required annual report from the CRS program on the Hazard Mitigation Plan. The current plan is at the end of its usefulness and a new plan is in the early stages, so no new efforts have been put into adding new items to the existing one. This is why the report is so short this year. 11. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT OF WAY EASEMENT LOCATED IN LOT 8 IN BLOCK 7 OF ELROD’S ADDITION, AN ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Schemmer Consulting Background & Objective: Easement was obtained by Minnehaha Community Water Corp for a rural water line then transferred to the City and has since been abandoned. Releasing a part of the easement will support a proposed commercial development. 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.

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