City Council Meeting

MINUTES City Council Meeting Tuesday, August 8, 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 Absent: Mayor Paul TenHaken 2. INVOCATION  Jeanne Omland, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl 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  Budget Hearings of Wednesday, August 2, 2023  Regular City Council Meeting of Wednesday, August 2, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated August 4, 2023. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Adam Nyhaug to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August 27, 2023. 8. Approval of a request pursuant to SDCL 35-1-5.5 from the Mary Jo Arboretum to consume, but not sell, alcoholic beverages at the Educational Center, 1900 S. Perry Pl., on September 14, 2023. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Jason Roskens to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on September 16, 2023. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve the Regular Agenda. 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 FIRST READINGS 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS. ($250,000) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 11. 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. 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. ($5.8M) Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 12. 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. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING PROVISIONAL SUPPLEMENTAL APPROPRIATIONS FOR HIGHWAYS AND STREETS WINTER OPERATIONS. ($2M)  Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 13. 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. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A GRANT OF PERMANENT EASEMENT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 14. 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. 15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A “FIRST AMENDED AND RESTATED CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF NELSON PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS SKATEPARK ASSOCIATION. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 15. 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. 16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX EMPIRE TRIAGE CENTER. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 16. 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. 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND APPROVING AN OFFER TO PURCHASE REAL ESTATE FROM CITY. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, August 15, 2023 for Item 17.  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. 18. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159.037, A-1 AGRICULTURE DISTRICT, CHAPTER 159.057, RR RURAL RESIDENTIAL DISTRICT, CHAPTER 159.077, RS-1 RESIDENTIAL DISTRICT, CHAPTER 159.097, RS-2 RESIDENTIAL DISTRICT, CHAPTER 159.117, RD RESIDENTIAL DISTRICT, CHAPTER 159.137, RA-1 RESIDENTIAL DISTRICT, CHAPTER 159.217, RC RECREATION/CONSERVATION DISTRICT, AND CHAPTER 159.486, DEFINITIONS. (Planning Commission recommended approval 4-0) Private Applicant(s): Minnehaha County Planning Staff A motion was made by Council Member Soehl and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, August 22, 2023 for Item 18. 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. 19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY REZONING THE PROPERTY LOCATED ALONG SD HIGHWAY 38, APPROXIMATELY 1/2-MILE WEST OF N. MARION ROAD, BENTON TOWNSHIP, MINNEHAHA COUNTY, SD, FROM THE A-1 AGRICULTURAL DISTRICT TO THE C COMMERCIAL DISTRICT. (Planning Commission recommendation to approve failed 0-4.) Private Applicant(s): Tad Fiegen A motion was made by Council Member Neitzert and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, August 22, 2023 for Item 19. 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 20. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 70-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 70-23  A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for mowing weeds and grasses in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 5.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2024. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2023, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2023. Jermery J. Washington City Clerk 21. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 71-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 71-23 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.  BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for tree trimming in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 5.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2024. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2023, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2023. Jermery J. Washington City Clerk 22. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Starr and seconded by Council Member Barranco to defer No. 60, ID No. 41446, Robert Kolbe to the August 15, 2023, City Council Meeting. A substitute motion was made by Council Member Starr and seconded by Council Member Barranco to adopt Resolution No. 72-23. A motion was made by Council Member Soehl and seconded by Council Member Barranco to amend by deferring No. 60, ID No. 41446, Robert Kolbe to the September 5, 2023, City Council Meeting. Roll call vote to amend. 6 Yes: Soehl, Starr, Barranco, Cole, Neitzert, Selberg; 2 No: Jensen, Merkouris. Motion Passed.  A motion was made by Council Member Soehl and seconded by Council Member Barranco to amend by deferring No. 64, ID No. 34249, Robert King to the September 5, 2023, City Council Meeting. Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Failed. Roll call vote to adopt, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 72-23 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for snow removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 5.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2024. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2023, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2023. Jermery J. Washington City Clerk 23. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. Sponsor: Mayor  A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 73-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 73-23 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for litter removal in various areas in Sioux Falls, SD, is hereby approved and the assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the City Finance Office. SECTION 2. The assessment may be paid in one annual installment and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in one installment, together with interest not to exceed 5.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2024. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Finance Office on the 8th day of August, 2023, and that the entire assessment may be paid without interest to the City Finance Office on or before September 7, 2023. Jermery J. Washington City Clerk 24. A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adopt Resolution No. 74-23. A motion was made by Council Member Jensen and seconded by Council Member Merkouris to amend by deferring No. 42, ID No. 40157, TTT Investments, LLC, to the September 5, 2023, City Council Meeting. 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. 74-23 A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF CONCRETE SIDEWALK AT VARIOUS LOCATIONS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: SECTION 1. That the special assessment roll for the assessment of the property assessable for removal and replacement of concrete sidewalk at various locations as set out in the special assessment roll approved this date is hereby levied against the property described therein and becomes a lien against such property upon filing of the special assessment roll in the City Accounting Office. SECTION 2. The assessment may be paid in five annual installments and shall be collected under Plan One—Collection by County Treasurer as provided in SDCL 9-43. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE TO PROPERTY OWNERS Notice is hereby given that assessments levied under the above resolution will become due and payable at the office of the County Treasurer in five installments, together with interest at 5.75 percent per annum in accordance with SDCL 9-43. The first installment, with interest, will become due with general taxes and will be payable at the County Treasurer’s Office on January 1, 2024; the remaining installments, with interest, will become due and payable annually at the County Treasurer’s Office on January 1 of each following year until total assessment, with interest, is paid in full. Notice is further given that the special assessment roll approved in the above resolution was filed with the City Clerk’s Office on the 8th day of August, 2023, and that the whole of said assessment, or any installment thereof, may be paid without interest to the City Accounting Office on or before 30 days after said filing. Jermery J. Washington City Clerk 25. A MOTION TO APPROVE THE MAYOR'S APPOINTMENT OF RYAN JOHNSON, UTILITY ADMINISTRATOR, AS NOMINEE TO SERVE AS DIRECTOR, TO REPRESENT THE CITY OF SIOUX FALLS AT OFFICIAL MEETINGS OF DAKOTA MAINSTEM REGIONAL WATER SYSTEMS, INC., BOARD OF DIRECTORS AND NICHOLAS BORNS, CIVIL ENGINEER, P.E., AS ALTERNATE DIRECTOR FOR THE CITY OF SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Cole to approve Item 25. Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 26. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 017658-2023—SANCTUARY ADDITION Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to adopt Resolution No. 75-23. Roll call vote to adopt. 7 Yes: Soehl, Starr, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Barranco was not present for the vote on this motion. RESOLUTION NO. 75-23 ANNEXATION 017658-2023—SANCTUARY ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed in regard to the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along E. Madison St. 4. Sanitary sewer will need to be extended from the existing main. 5. City water is available. Developer will be required to extend City water for service in this development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tract 2 Assam Addition in the E1/2 of Section 17, Township 101 North, Range 48 West of the 5th P.M.; Tract 1 Assam Addition in the NE1/4 of Section 17, Township 101 North, Range 48 West of the 5th P.M.; Lot 1 Har’s Subdivision NE1/4 of Section 17, Township 101 North, Range 48 West of the 5th P.M.; including East Madison Street right-of-way as shown; Minnehaha County, SD And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 27. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 48-23. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 76-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 76-23 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 48-23. WHEREAS, on June 6, 2023, the City Council of the City of Sioux Falls adopted Resolution No. 48-23 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description as set forth in Resolution 48-23 was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 48-23 hereby is amended to read as follows:  The remainder of the South 1,002ʹ of the West 1/2 of the Northeast 1/4 in Section 18, Township 100, Range 49, all in Lincoln County, SD. And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 28. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018281-2023—STEINEKE ADDITION Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 77-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 77-23 ANNEXATION 018281-2023—STEINEKE ADDITION A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along Marion Rd. 4. Foundation Park Cost Recovery will apply. Platting fees are owed at the time of final platting for development based on the acres and zoning classification. 5. City water access is available for this development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, and the boundary of the city is hereby extended to include such territory: Tracts 1 and 2 of Steineke Addition in the SW1/4 of Section 19, Township 102 North, Range 49 West of the 5th P.M. and adjacent public right-of-way and Burlington Northern Santa Fe railroad rights-of-way; and Tract 3 of Steineke Addition in the NW1/4 of Section 30, Township 102 North, Range 49 West of the 5th P.M. and adjacent public right-of-way, Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 29. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 78-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 78-23 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 Nolan Hazard Board of Historic Preservation Reappointed. Gail Fossum Shea Board of Historic Preservation Reappointed. Adam Weber Board of Historic Preservation Appointed for a term from August 2023 to August 2026. (Replacing Pam Cole.) Dr. Mary Murphy Board of Health Reappointed. Karen Tvedt Board of Health Reappointed.  Gwendolyn Fletcher Falls Community Health Appointed for a term from Governing Board August 2023 to January 2025. (Replacing Delmi Lopez-Cruz.) Dr. Bill Schultz Falls Community Health Appointed for a term from Governing Board August 2023 to December 2024. (Replacing Dr. Jeff Feiock.) Madeline Shields Falls Community Health Reappointed. Governing Board Amanda Willard Falls Community Health Appointed for a term from Governing Board August 2023 to January 2025. (Replacing Linda Hunt.) Moses Pessima Falls Community Health Reappointed. Governing Board Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 30. A RESOLUTION APPOINTING CITIZEN MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. Sponsors: Council Members Barranco and Merkouris A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Resolution No. 79-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 79-23 A RESOLUTION APPOINTING CITIZEN MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following members to serve on the Audit Committee pursuant to Sections 32.017 and 32.018 of the Code of Ordinances of Sioux Falls, SD: Name Committee Term Karla Quarve Audit Committee Appointed for a term from September 2023 to August 2026.  Eric Walser Audit Committee Appointed for a term from September 2023 to August 2026. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 31. A RESOLUTION APPROVING THE INTERNAL AUDITOR JOB DESCRIPTION. Sponsors: Council Members Merkouris and Barranco A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resolution No. 80-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 80-23 A RESOLUTION APPROVING THE INTERNAL AUDITOR JOB DESCRIPTION. WHEREAS, City Ordinance § 32.023 establishes the Office of Internal Audit, and assigns the personnel responsibility to the City Council; and WHEREAS, the City Council approved Res. 54-23 in support of a co-source internal audit approach; and WHEREAS, the position of Internal Auditor will assume additional responsibility to implement the co-source internal audit approach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Internal Auditor Job Description” is hereby adopted. That this resolution shall be effective September 4, 2023. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 32. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF. Sponsors: Council Members Merkouris and Barranco A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resolution No. 81-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 81-23 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 Auditor will have structural reporting authority to the City Council’s Operations 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 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 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 Internal Auditor shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9  $2,668.80 $2,810.40 $2,948.00 $3,088.00 $3,224.80 $3,364.80 $3,507.20 $3,644.80 $3,784.80 2. City Council employees shall progress through the applicable nine-step salary scale 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 Internal Auditor Operations Committee Chair Council Chair or Vice-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 to conduct a particular performance review in order to maintain continuity of operations. The 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 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 Internal Auditor salary scale will be modified on September 4, 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: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 33. A RESOLUTION ADOPTING THE 2023 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 82-23. Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 82-23 A RESOLUTION ADOPTING THE 2023 CITY COUNCIL POLICIES AND PROCEDURES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “2023 City Council Policies and Procedures” is hereby adopted. Date adopted: 08/08/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, 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) 34. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: July 26, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT  Anson, last name not provided, spoke about issues with the police and justice for Jacob James. John Martin spoke about justice for Jacob James and issues with the police. Chester Deyoung spoke about inconsistencies with regulations regarding the street he lives on. Mat Tougas, with the Sioux Empire TNR Coalition, spoke about creating an ordinance to allow for TNR (Trap/Neuter/Return) for cats and what a difference it would make in the community. Heather Swanson, with The Kitten League, spoke about the benefits of TNR. Brian Gochal spoke about the benefits of TNR. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn at 8:26 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