City Council Meeting

MINUTES City Council Meeting Tuesday, May 9, 2023, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Due to technical difficulties, there is no sound until the 4:25 mark. 1. MEETING ROLL CALL Present: Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Randall Gehring, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS Mayor Paul TenHaken recognized members of Scout Pack 208 and Troop 150 who were in the audience.  Members of the 2022-2023 Mayor's Youth Council CONSENT AGENDA 5. 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. 6. APPROVAL OF MINUTES   Informational Meeting of Tuesday, May 2, 2023  Regular City Council Meeting of Tuesday, May 2, 2023 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated May 5, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Nichole Moet to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on May 27, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Billie Rae Person to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on June 23, 2023. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #29518, for 2018 property taxes in the amount of $731.95. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 11. Parcel #29518, for 2019 property taxes in the amount of $935.65. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 12. Parcel #29518, for 2020 property taxes in the amount of $918.56. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 13. Parcel #29518, for 2021 property taxes in the amount of $918.91. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. 14. Parcel #29518, for 2022 property taxes in the amount of $1,071.89. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 15. Parcel #280.10.04.022, for 2023 property taxes in the amount of $1,969.66. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #282.01.02.007, for 2023 property taxes in the amount of $50.26. Reason: City purchased part of the lot. REGULAR AGENDA 17. 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 18. Deferred from the City Council Meeting on May 2, 2023: Retail Malt Beverage renewal for 2023-2024 for Lucky Lady Casino, 601 W. 11th Street. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to withdraw Item 18. Roll call vote to withdraw. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. 19. Deferred from the City Council Meeting on May 2, 2023: Retail Malt Beverage renewal for 2023-2024 for Lucky Lady Casino, 605 W. 11th Street. A motion was made by Council Member Neitzert and seconded by Council Member Cole to withdraw Item 19. Roll call vote to withdraw. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL, AND CHAPTER 32: CITY ORGANIZATIONS, TO ALLOW FOR THE ELECTION OF AUDIT CHAIR. Sponsors: Council Members Merkouris and Neitzert A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to adopt Ordinance No. 33-23. A motion was made by Council Member Merkouris and seconded by Council Member Neitzert to amend in Section 1 by replacing "32.017" with "32.019".  Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, May 16, 2023 for Item 21. 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 22. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 41-23. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 41-23 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 Michael “Mick” Gibbs Board of Health Appointed for a term from June 2023 to June 2026. Andrea Polkinghorn Board of Health Appointed for a term from June 2023 to June 2026.  Eric Erickson Charter Revision Commission Appointed for a term from June 2023 to June 2027. Anne C. Hajek Charter Revision Commission Reappointed for a term from June 2023 to June 2027. Carl Zylstra Charter Revision Commission Reappointed for a term from June 2023 to June 2027. Erica Mullaly Planning Commission Appointed for a term from June 2023 to June 2028 Date adopted: 5/9/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 23. A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Resolution No. 42-23. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 42-23 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. WHEREAS, the City owns certain personal property located on the following real property, described below: 1608 S. CAMEO WAY: LOT 7 IN BLOCK 4 OF RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 1612 S. CAMEO WAY: LOT 7A NORLIN’S SUBDIVISION OF LOTS 6, 7, AND 8, BLOCK 4 AND LOT 6, BLOCK 4, ALL IN RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 1704 S. CAMEO WAY: LOT 2 IN BLOCK 4 OF RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 2300 S. LAKE AVE.: LOT 15 AND 16 IN BLOCK 22 OF GERRISH AND LORD’S ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF;  1113/1115 E. PAM RD.: LOT 4 OF BECKMAN’S REPLAT OF LOTS 3 THRU 8, BLOCK 9, VALLEY PARK 2ND ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORED PLAT THEREOF; 1111 E. PAM RD.: LOT B OF TRIPP’S SUBDIVISION OF LOT 3, BECKMAN’S REPLAT OF LOTS 3 THRU 8, BLOCK 9, VALLEY PARK 2ND ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORED PLAT THEREOF; 1109 E. PAM RD.: LOT A OF TRIPP’S SUBDIVISION OF LOT 3, BECKMAN’S REPLAT OF LOTS 3 THRU 8, BLOCK 9 VALLEY PARK 2ND ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-2, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the personal property described above was acquired by the City as part of a voluntary buyout program offered to homeowners whose homes are frequently impacted by flooding for the purpose of assisting such homeowners and creating additional green space within the city; and WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the structures on the above-described real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired: Section 2. The above-described structures and personal property shall be demolished, destroyed, or removed from the real property. Section 3. To the extent that any personal property on or within the properties referenced above can be salvaged, the Mayor on behalf of the City may, by separate agreement in the form of attached Exhibit A, authorize South Eastern Development Foundation, a South Dakota nonprofit corporation, at their sole expense and liability to access the structures and salvage any personal property that would have otherwise been destroyed.  Section 4. The City shall not require South Eastern Development Foundation to pay for the salvaged property and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 5/9/23 . Paul TenHaken, Mayor ATTEST: James David, Acting City Clerk 24. A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Cole to adopt Resolution No. 43-23. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 43-23 A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE DEMOLITION AND SALVAGE THEREOF. WHEREAS, the City owns certain personal property located on the following real property, described below: 1608 S. CAMEO WAY: LOT 7 IN BLOCK 4 OF RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 1612 S. CAMEO WAY: LOT 7A NORLIN’S SUBDIVISION OF LOTS 6, 7, AND 8, BLOCK 4 AND LOT 6, BLOCK 4, ALL IN RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 1704 S. CAMEO WAY: LOT 2 IN BLOCK 4 OF RIVERDALE THIRD ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 2300 S. LAKE AVE.: LOT 15 AND 16 IN BLOCK 22 OF GERRISH AND LORD’S ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF; 1113/1115 E. PAM RD.: LOT 4 OF BECKMAN’S REPLAT OF LOTS 3 THRU 8, BLOCK 9, VALLEY PARK 2ND ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORED PLAT THEREOF; 1111 E. PAM RD.: LOT B OF TRIPP’S SUBDIVISION OF LOT 3, BECKMAN’S REPLAT OF LOTS 3 THRU 8, BLOCK 9, VALLEY PARK 2ND ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORED PLAT THEREOF;  1109 E. PAM RD.: LOT A OF TRIPP’S SUBDIVISION OF LOT 3, BECKMAN’S REPLAT OF LOTS 3 THRU 8, BLOCK 9 VALLEY PARK 2ND ADDITION TO SIOUX FALLS, ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-2, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the personal property described above was acquired by the City as part of a voluntary buyout program offered to homeowners whose homes are frequently impacted by flooding for the purpose of assisting such homeowners and creating additional green space within the city; and WHEREAS, the structures on the above-described real property and the personal property located therein is no longer necessary, useful, or suitable for the purpose for which it was acquired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the structures on the above-described real property and the personal property located therein to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 2. The above-described structures and personal property shall be demolished, destroyed, or removed from the real property. Section 3. To the extent that any personal property on or within the properties referenced above can be salvaged, the Mayor on behalf of the City may, by separate agreement in the form of attached Exhibit A, authorize Habitat for Humanity of Greater Sioux Falls, a South Dakota nonprofit corporation, at their sole expense and liability to access the structures and salvage any personal property that would have otherwise been destroyed. Section 4. The City shall not require Habitat for Humanity of Greater Sioux Falls to pay for the salvaged property and any salvaged property shall be used for public, charitable, or humanitarian purposes and accommodation. Date adopted: 5/9/23 . Paul TenHaken, Mayor ATTEST:  James David, Acting City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Michael Stangeland spoke about hiring private companies to provide public bus service. Julie Natvig spoke about Sioux Falls getting their outdated International Energy Conservation Code (IECC) updated. Robert Kolbe spoke about Sioux Falls One Stop being located in Dawley Farm Village. Jim McNamara spoke about the Sustainability Plan. Deidre Appel spoke about composting and the Sustainability Plan. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Barranco to adjourn at 7:29 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk