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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 7, 2023

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Minutes

MINUTES Regular City Council Meeting Tuesday, March 7, 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 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 Absent: None 2. INVOCATION  Pastor Rick Carlson, Prairie Hills Covenant Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Starr to place Sub-Items 14, 24 and 29, from Agenda Item 6 on the Regular Agenda for Council discussion (14; Parks/Recreation; Project 14026; Great Plains Zoo Master Plan; Agreement for professional services; CLR Design; $80,000), (24; Entertainment Venues; Project 13013; Sioux Falls Stadium Improvements - Design and Construction Administration; Agreement for professional services; Architecture Incorporated; $23,400), and (29; Transit; Agreement to provide partial funding to assist the Sioux Falls School District in providing for transportation for students to pathways and Community Campus; Up to $18.50 per trip; Not to Exceed $360,750; Sioux Falls School District 49-5; $194,250). 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: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, February 21, 2023  City Council Meeting of Tuesday, February 21, 2023  Informational Meeting of Tuesday, February 28, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 3, 2023. A motion was made by Council Member Starr and seconded by Council Member Cole to approve Sub-Item 14 from Agenda Item 6. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Cole to approve Sub-Item 24 from Agenda Item 6. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Cole to approve Sub-Item 29 from Agenda Item 6. A motion was made by Council Member Starr and seconded by Council Member Cole to amend by changing the "not to exceed" amount under project description to $194,250. Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 21, 2023; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/Farstad Oil; #1 Clear Diesel ($3.7761) and #2 Clear Diesel ($3.2246); Midway Service-Vollan Oil, Harms Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, Howes Oil all no bids. Bid awarded to: Midway Service-Vollan Oil. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Robin J. W. Anderson to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Place, on August 5, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Blend Interactive, Inc. to consume, but not sell, alcoholic beverages at Startup Sioux Falls, 100 E. 6th St., on March 16, 2023. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Erin Butler to consume, but not sell, alcoholic beverages at Mary Jo Wegner Arboretum, 1900 S. Perry Place, on March 25, 2023. 11. Approval of a request pursuant to SDCL 35-1-5.5 from Zach King and Lexi Brookfield to consume, but not sell, alcoholic beverages at Mary Joe Wegner Arboretum, 1900 S. Perry Place, on June 10, 2023. 12. Approval of a request pursuant to SDCL 35-1-5.5 from Richard W. Sio to consume, but not sell, alcoholic beverages at the Multi-Cultural Center, 525 N. Main Ave., on June 24, 2023. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #92188, for 2020 property taxes in the amount of $84.24. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 14. Parcel #92188, for 2021 property taxes in the amount of $88.58. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 15. Parcel #92188, for 2022 property taxes in the amount of $97.38. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 16. Parcel #80874, for 2022 property taxes in the amount of $380.599.79. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 17. Parcel #53988, for 2020 property taxes in the amount of $262.35. Reason: Owner- occupied status was removed in error. Property has been owner-occupied since 1995. 18. Parcel #53988, for 2021 property taxes in the amount of $110.27. Reason: Owner- occupied status was removed in error. Property has been owner-occupied since 1995. 19. Parcel #53988, for 2022 property taxes in the amount of $5752.67. Reason: Owner- occupied status was removed in error. Property has been owner-occupied since 1995. NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License for New Ritual LLC, Hello Hi to be operated at The Convolo, 201 North Weber Avenue, for an event on March 23, 2023. 21. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North, for an event on March 24, 2023. 22. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Malt Beverage License for Sioux Falls YMCA to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 13, 2023. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Jensen and seconded by Council Member Cole to amend by placing Agenda Item 40 immediately after 36. Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Sub-Items 14, 24 and 29 from Agenda Item 6 were heard at this time. See Agenda Item 6 for action taken. UNFINISHED BUSINESS 24. New 2023 Retail Wine License for Envy Nails and Spa, 611 South Highline Place. 25. New 2023 Retail Wine License for Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115. 26. New 2023 Retail Wine License, requesting off-sale use only, for Interiors Etc, 421 North Phillips Avenue, Suite 123. 27. New 2023 Retail Wine License, requesting off-sale use only, for the Flower Mill, 4005 East 10th Street. 28. New 2023 Retail Wine License for Lao Szechuan, 3101 West 41st Street, Suite 105. 29. New 2022-23 Retail Malt Beverage License for The Dive, 1612 South Western Avenue. 30. Transfer of 2022-23 Retail Malt Beverage License, including video lottery terminals, from JJ’s Axes & Ales, 3016 West 57th Street, to Liebrary Bar 3, 5108 South Marion Road, Suite 101. 31. New 2022-23 Retail Malt Beverage License for JJ’s Axes & Ales, 3016 West 57th Street. 32. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th Street. 33. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th Street. 34. Special One-Day Liquor License for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for a special event on March 11, 2023. 35. Special One-Day Wine License for Active Generations, 2300 West 46th Street, for a fundraiser on April 23, 2023. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve Agenda Items 24 through 35. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 17559-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Jesse Deffenbaugh A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Ordinance No. 13-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Agenda Item 40 was heard at this time. See item for action taken. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 57TH ST. AND WEST OF S. SOLBERG AVE. FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 17586-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Interstate Crossings Development Corporation – Steven Sanford A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Ordinance No. 14-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1822 S. PRAIRIE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17597-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Katie Thompson A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Ordinance No. 15-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER. Recommendation: Set a date of 2nd Reading for Tuesday, March 21, 2023. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, March 21, 2023, for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 40. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF KNOCHENMUS ADDITION (17557-2022). The Planning Commission recommends approval (5-0). Private Applicant(s): Infrastructure Design Group, Inc. – Andrew Purintun A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 19-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 19-23 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF KNOCHENMUS ADDITION (17557-2022). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Knochenmus Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 03/07/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 41. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 20-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 20-23 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Memorandum of Understanding (MOU) to the Collective Bargaining Agreement (CBA) between the City of Sioux Falls and Local 519 of the American Federation of State, County, and Municipal Employees providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. 2. That the MOU specifically amends Article 7, Wages, to increase the pay grades an additional 3.5 percent in 2023 for a combined increase of 6.5. This increase shall become effective on the pay period beginning March 20, 2023. The amendments, as contained the attached MOU, are hereby made part of this Resolution. Date adopted: 03/07/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 42. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE POLICE OFFICERS AND SERGEANTS, SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE #1 L.C. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 21-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 21-23 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE POLICE OFFICERS AND SERGEANTS, SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE #1 L.C. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Memorandum of Understanding (MOU) to the Collective Bargaining Agreement between the City of Sioux Falls and Lodge #1, Sioux Falls Fraternal Order of Police providing for the terms and conditions of employment for the period from January 1, 2021, through December 31, 2023, is hereby approved by the City Council. 2. That the MOU specifically amends Article 34, Wages, to increase the pay grades an additional 4 percent in 2023 for a combined increase of 6.5 percent. This increase shall become effective on the pay period beginning March 20, 2023. The amendments, as contained in the attached MOU, are hereby made part of this Resolution. Date adopted: 03/07/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 22-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 22-23 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Memorandum of Understanding (MOU) to the Collective Bargaining Agreement between the City of Sioux Falls and Local 814 of the International Association of Firefighters providing for the terms and conditions of employment for the period from January 1, 2021 through December 31, 2023, is hereby approved by the City Council. 2. That the MOU specifically amends Article 8, Wages, to increase the pay grades an additional 2.5 percent in 2023 for a combined increase of 6.5 percent. This increase shall become effective on the pay period beginning March 20, 2023. The amendments, as contained in the attached MOU, are hereby made part of this Resolution. Date adopted: 03/07/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 44. 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. 23-23. A motion was made by Council Member Neitzert and seconded by Council Member Starr to amend by adding to the end of Section 4, "The audit chair and operations committee chair shall consult and solicit input from all City Council members in preparation for any performance reviews they are authorized to perform. The audit chair and operations committee chair shall review with the City Council members the performance review prior to meeting with the Council employee and filing the review with human resources." Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 23-23 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 $2,588.00 $2,727.20 $2,857.60 $2,988.00 $3,119.20 $3,253.60 $3,386.40 $3,518.40 $3,647.20 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 $3,068.00 $3,236.00 $3,403.20 $3,572.80 $3,740.00 $3,908.00 $4,081.60 $4,244.00 $4,415.20 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 $3,174.40 $3,349.60 $3,527.20 $3,704.80 $3,884.00 $4,057.60 $4238.40 $4,416.00 $4,595.20 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 $2,812.80 $2,963.20 $3,115.20 $3,264.00 $3416.00 $3,566.40 $3,715.20 $3,867.20 $4,018.40 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 $30.71 $32.11 $33.48 $34.98 $36.60 $38.22 $39.94 $41.67 $43.58 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 a City Council member or Committee representative to conduct a particular performance review in order to maintain continuity of operations. The audit chair and operations committee chair shall consult and solicit input from all city council members in preparation for any performance reviews they are authorized to perform. The audit chair and operations committee chair shall review with the city council members the performance review prior to meeting with the council employee and filing the review with human resources. 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 March 20, 2023, to reflect the additional inflationary adjustment in 2023 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: 03/07/23 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Resolution No. 24-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 24-23 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term William O’Connor Accessible Housing Appointed for a term from March 2023 Advisory Board to November 2023 (to fill the unexpired term of Paul Kostboth). Bill Earley Falls Community Health Appointed for a term from March 2023 Center Governing Board to November 2024 (to fill the unexpired term of Sylvia Humke). Katrin Profilet Main Street Business Reappointed for a term from March Improvement District 2023 to March 2026. Board Anita Wetsch Main Street Business Reappointed for a term from March Improvement District 2023 to March 2026. Board Darrel Bartell Property Maintenance Appointed for a term from March 2023 Board of Appeals to March 2026. Tony Erickson Property Maintenance Appointed for a term from March 2023 Board of Appeals to March 2026. Aaron Goldstine Property Maintenance Appointed for a term from March 2023 Board of Appeals to March 2026. Ryan Knutson Property Maintenance Appointed for a term from March 2023 Board of Appeals to March 2026. Brian Majerus Property Maintenance Appointed for a term from March 2023 Board of Appeals to March 2026. Date adopted: 03/07/23 . 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) 46. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 2, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about the City's rules for street design and road width. Jerry Leclair spoke about his review of and suggestions for the City of Sioux Falls. Sierra Broussard spoke about issues regarding Neighborhood Associations. Chad Bishop spoke about updates to the City's website. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Barranco to adjourn at 7:03 p.m. Voice vote to adjourn. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA Regular City Council Meeting Tuesday, March 7, 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  Pastor Rick Carlson, Prairie Hills Covenant Church 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, February 21, 2023  City Council Meeting of Tuesday, February 21, 2023  Informational Meeting of Tuesday, February 28, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated March 3, 2023. 7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 21, 2023; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/Farstad Oil; #1 Clear Diesel ($3.7761) and #2 Clear Diesel ($3.2246); Midway Service-Vollan Oil, Harms Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, Howes Oil all no bids. Bid awarded to: Midway Service-Vollan Oil. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Robin J. W. Anderson to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Place, on August 5, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Blend Interactive, Inc. to consume, but not sell, alcoholic beverages at Startup Sioux Falls, 100 E. 6th St., on March 16, 2023. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Erin Butler to consume, but not sell, alcoholic beverages at Mary Jo Wegner Arboretum, 1900 S. Perry Place, on March 25, 2023. 11. Approval of a request pursuant to SDCL 35-1-5.5 from Zach King and Lexi Brookfield to consume, but not sell, alcoholic beverages at Mary Joe Wegner Arboretum, 1900 S. Perry Place, on June 10, 2023. 12. Approval of a request pursuant to SDCL 35-1-5.5 from Richard W. Sio to consume, but not sell, alcoholic beverages at the Multi-Cultural Center, 525 N. Main Ave., on June 24, 2023. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #92188, for 2020 property taxes in the amount of $84.24. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 14. Parcel #92188, for 2021 property taxes in the amount of $88.58. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 15. Parcel #92188, for 2022 property taxes in the amount of $97.38. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 16. Parcel #80874, for 2022 property taxes in the amount of $380.599.79. Reason: Improvement was assessed and taxed on two separate parcel numbers in error. 17. Parcel #53988, for 2020 property taxes in the amount of $262.35. Reason: Owner- occupied status was removed in error. Property has been owner-occupied since 1995. 18. Parcel #53988, for 2021 property taxes in the amount of $110.27. Reason: Owner- occupied status was removed in error. Property has been owner-occupied since 1995. 19. Parcel #53988, for 2022 property taxes in the amount of $5752.67. Reason: Owner- occupied status was removed in error. Property has been owner-occupied since 1995. NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License for New Ritual LLC, Hello Hi to be operated at The Convolo, 201 North Weber Avenue, for an event on March 23, 2023. 21. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North, for an event on March 24, 2023. 22. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Malt Beverage License for Sioux Falls YMCA to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 13, 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. 23. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS Unfinished Business includes select items that have come over from a previous meeting and do not otherwise belong under a subsequent heading on the agenda. Pending motions may also be included under Unfinished Business. Actions: Presentation, Public Comment (five minutes for items up for final consideration; otherwise three minutes), Council Questions, Motion, Debate, Vote (vote required varies by item type). 24. New 2023 Retail Wine License for Envy Nails and Spa, 611 South Highline Place. 25. New 2023 Retail Wine License for Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115. 26. New 2023 Retail Wine License, requesting off-sale use only, for Interiors Etc, 421 North Phillips Avenue, Suite 123. 27. New 2023 Retail Wine License, requesting off-sale use only, for the Flower Mill, 4005 East 10th Street. 28. New 2023 Retail Wine License for Lao Szechuan, 3101 West 41st Street, Suite 105. 29. New 2022-23 Retail Malt Beverage License for The Dive, 1612 South Western Avenue. 30. Transfer of 2022-23 Retail Malt Beverage License, including video lottery terminals, from JJ’s Axes & Ales, 3016 West 57th Street, to Liebrary Bar 3, 5108 South Marion Road, Suite 101. 31. New 2022-23 Retail Malt Beverage License for JJ’s Axes & Ales, 3016 West 57th Street. 32. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th Street. 33. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th Street. 34. Special One-Day Liquor License for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for a special event on March 11, 2023. 35. Special One-Day Wine License for Active Generations, 2300 West 46th Street, for a fundraiser on April 23, 2023. 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)). 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS PKWY. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 17559-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Jesse Deffenbaugh Background & Objective: The purpose of this rezoning would be to allow single and multiple family residential and office development in a new subdivision. This rezoning is associated with the Preliminary Subdivision Plan SUB-P-017557-2022. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 57TH ST. AND WEST OF S. SOLBERG AVE. FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 17586-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Interstate Crossings Development Corporation – Steven Sanford Background & Objective: The purpose of this rezoning is to align the assigned zoning district with the current land use. The property is, and will remain, a detention pond. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1822 S. PRAIRIE AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17597-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Katie Thompson Background & Objective: This application will rezone an existing triplex to conform with the Shape Places Zoning Ordinance. 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). 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER. Recommendation: Set a date of 2nd Reading for Tuesday, March 21, 2023. Sponsor: Mayor Background & Objective: On an annual basis, staff updates this ordinance with assistance from the two counties Equalization office regarding what parcels are still agricultural in nature, and not yet platted for commercial, urban residential, or industrial property. Parcel owners are notified of their status change, and the opportunity to address the issue. 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). 40. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF KNOCHENMUS ADDITION (17557-2022). The Planning Commission recommends approval (5-0). Private Applicant(s): Infrastructure Design Group, Inc. – Andrew Purintun Background & Objective: This plan if for the subdivision of newly annexed land in the north east quadrant of the city. This application is associated with rezoning REZ- 017559-2022. 41. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. Sponsor: Mayor Background & Objective: Implements inflationary adjustment so all employee groups achieve 6.5% in 2023. 42. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE POLICE OFFICERS AND SERGEANTS, SIOUX FALLS FRATERNAL ORDER OF POLICE LODGE #1 L.C. Sponsor: Mayor Background & Objective: Provides an inflationary increase to allow all employee groups to achieve 6.5% in 2023. 43. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. Sponsor: Mayor Background & Objective: Provides an inflationary increase to achieve 6.5% for all employee groups in 2023. 44. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. Sponsors: Council Members Soehl and Jensen Background & Objective: The resolution adjusts the city council employee salaries by 3.5 percent to reflect the recently approved supplemental appropriation ordinance that will fund a cost of living adjustment for city employees. 45. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor Background & Objective: The Resolution appoints/reappoints members to the: Accessible Housing Advisory Board, Falls Community Health Center Governing Board, Main Street Business Improvement District Board, and Property Maintenance Board of Appeals. 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. 46. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 2, 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.

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