City Council Meeting

MINUTES City Council Meeting Tuesday, November 14, 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 Pat Starr, Council Member David Barranco, Council Member Sarah Cole, Council Member Greg Neitzert, Council Member Curt Soehl, Mayor Paul TenHaken Absent: Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Marshall Selberg 2. INVOCATION  Lorah Houser Jankord, First Congregational United Church of Christ 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 7, 2023  Regular City Council Meeting of Tuesday, November 7, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated November 9, 2023. REGULAR AGENDA 7. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 8. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTION 94.002 OF CHAPTER 94 “FORESTRY” OF THE CODE OF ORDINANCES OF SAID CITY. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to adopt Ordinance No. 107-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 9. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER RESIDENTIAL BUILDING CONTRACTORS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, November 21, 2023 for Item 9. Roll call vote to set a date of 2nd Reading. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. 10. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110: LICENSES, SUBCHAPTER FEE SCHEDULE. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, November 21, 2023 for Item 10. Roll call vote to set a date of 2nd Reading. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 11. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE CITY OF ONIDA, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 119-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 119-23 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO THE CITY OF ONIDA, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls owns a microfilm scanner identified with asset no. FA4001357 and serial no. 85201; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property that 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 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property that 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 above-described personal property is no longer necessary, useful, or suitable for the purpose for which it was acquired by the City and has been declared as surplus; and WHEREAS, the City of Onida, SD, finds it desirable to acquire said property; and WHEREAS, the City of Onida is a political subdivision of the State of South Dakota; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That, pursuant to SDCL Chapter 6-13, the microfilm scanner identified above is surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 3. That the gifting for a public purpose by the City of Sioux Falls of the microfilm scanner to the City of Onida, SD, is hereby approved. Date adopted: 11/14/23.  Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 12. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Soehl to defer to the meeting of November 21, 2023. Roll call vote to defer. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Barranco to reconsider Item 12. Roll call vote to reconsider. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. A motion was made by Council Member Starr and seconded by Council Member Cole to adopt Resolution No. 120-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 120-23 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, South Dakota (“City”), has determined it is necessary to seek grant assistance for the construction of the Sioux Falls Regional Sanitary Landfill (“Landfill”) Leachate and Landfill Gas System Controls Upgrade project (“Project”); and WHEREAS, said Project will upgrade the controls for the leachate and landfill gas collection systems to allow for continued operations, control, and monitoring of these systems; and WHEREAS, the City has determined that grant assistance is appropriate for the Project and an application for grant assistance to the South Dakota Department of Agriculture and Natural Resources (“DANR”) Board of Water and Natural Resources Solid Waste Management Program (“Board”) will be prepared; and  WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the purchase; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the submission of an application for grant assistance in an amount not to exceed $600,000 of said Project. 2. That the City is hereby authorized to execute the application and submit it to the Board and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager are hereby designated as authorized representatives of the City to do all things on its behalf to certify and sign payment requests in the event of financial assistance is awarded for the purchase. Date adopted: 11/14/23. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 13. A RESOLUTION APPROVING THE 2023 SIOUX FALLS BICYCLE PLAN. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 121-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 121-23 A RESOLUTION APPROVING THE 2023 SIOUX FALLS BICYCLE PLAN. WHEREAS, the current Sioux Falls Bicycle Plan was adopted by the City Council in 2015 and requires updates and revisions; and WHEREAS, the Shape Sioux Falls 2040 Comprehensive Plan includes goals and policies to accommodate bicycles as a mode of transportation; and WHEREAS, the people of the city of Sioux Falls have expressed a strong desire for increased transportation options including bicycling as indicated in the 2019 Sioux Falls MPO Long-Range Transportation Market Research Study; and WHEREAS, the Sioux Falls MPO Long-Range Transportation Plan, the Sustainability Plan, and the 2022-2025 Community Health Improvement Plan all recommend increasing levels of bicycling to improve public health, economic development, and the  environment, while also reducing transportation costs, enhancing community connections, promoting social equity, and making healthy living easy and accessible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls adopts the 2023 Sioux Falls Bicycle Plan to provide a vision, structure, and direction for a continuing process for strategies and actions for bicycle facilities and education. Date adopted: 11/14/23. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 14. A RESOLUTION APPROVING THE SIOUX FALLS PEDESTRIAN PLAN. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Starr to adopt Resolution No. 122-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 122-23 A RESOLUTION APPROVING THE SIOUX FALLS PEDESTRIAN PLAN. WHEREAS, the current Sioux Falls Pedestrian Plan was adopted by the City Council in 2006 and requires updates and revisions; and WHEREAS, the Shape Sioux Falls 2040 Comprehensive Plan includes goals and policies to accommodate pedestrians and their connections to neighborhoods and centers; and WHEREAS, the people of the city of Sioux Falls have expressed a strong desire for “Developing and encouraging the use of alternative modes of transportation, such as public transportation, biking, walking, and ride sharing”; as indicated in the 2019 Sioux Falls MPO Long-Range Transportation Market Research Study; and WHEREAS, the Sioux Falls MPO Long-Range Transportation Plan, the Sustainability Plan, and the 2022–2025 Community Health Improvement Plan all recommend increasing levels of pedestrian activity to improve public health, economic development, and the environment, while also reducing transportation costs, enhancing community connections, promoting social equity, and making healthy living easy and accessible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls adopts the Sioux Falls Pedestrian Plan to provide a vision, structure, and direction for a continuing process for strategies and actions for accommodating pedestrians and public safety education.  Date adopted: 11/14/23. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 15. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018681-2023—VANDER WOUDE ADDITION Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 123-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 123-23 ANNEXATION 018681-2023—VANDER WOUDE 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 Benson Rd. 4. 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: Vander Woude Tract 2 in the NW 1/4 of Section 2, Township 101 North, Range 50 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, South Dakota, a duly certified transcript of this resolution. Date adopted: 11/14/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 16. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018638-2023—NORTH SIDE GARDENS ADDITION Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Resolution No. 124-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 124-23 ANNEXATION 018638-2023—NORTH SIDE GARDENS 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. 60th Street N. 4. Sanitary sewer is available to this site. 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:  Lot 36 of North Side Gardens; including the East 60th Street North and East 61st Street North rights-of-way adjacent thereto; Section 27, Township 102 North, Range 49 West of the 5th P.M.; Minnehaha County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 11/14/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 17. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018756-2023—RUPP SE 1/4 SE 1/4 Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 125-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 125-23 ANNEXATION 018756-2023—RUPP SE 1/4 SE 1/4 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. Major street access is available. 4. Sanitary sewer is available for the proposed annexation area. 5. City water is currently available for the proposed annexation area. 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, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Lot 1 of Rupp’s Addition in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 18, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof; and the West 85th Street and South Tallgrass Ave. rights-of-way adjacent thereto 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: 11/14/23 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 18. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2024. Sponsors: Council Members Selberg and Merkouris A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 126-23. Roll call vote to adopt. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. RESOLUTION NO. 126-23 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING AND POSTPONING THE BUSINESS OF THE CITY FOR EVENTS IN 2024. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, February 6, 2024, will be rescheduled to 6 p.m., Monday, February 5, 2024, as it conflicts with the Municipal Government Day in Pierre, SD. That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, June 4, 2024, will be rescheduled to 6 p.m., Wednesday, June 5, 2024, as it conflicts with the Primary Election. That the business to be conducted at the City Council meeting scheduled for 6 p.m. on Tuesday, November 5, 2024, will be rescheduled to 6 p.m., Wednesday, November 6, 2024, as it conflicts with the General Election. The corresponding Informational Meetings or Budget Hearings may also be rescheduled.  Date adopted: 11/14/23. 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) 19. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: October 28, 2023. NEW BUSINESS There was none. GENERAL PUBLIC INPUT George Hahn spoke about property management classes. David Zokaites spoke about Transforming Government via Charter. Item 12 was reconsidered at this time. See item for action taken. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Starr to adjourn at 6:46 p.m. Voice vote to adjourn. 5 Yes: Starr, Barranco, Cole, Neitzert, Soehl; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk