City Council Meeting

MINUTES Regular City Council Meeting Tuesday, December 5, 2023, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco Absent: Mayor Paul TenHaken 2. INVOCATION  Rev. Constanze Hagmaier, Bishop of the South Dakota Synod, ELCA 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 Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 21, 2023  City Council Meeting of Tuesday, November 21, 2023  Informational Meeting of Tuesday, November 28, 2023 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated December 1, 2023. 7. Notice of change orders on the memorandum dated December 1, 2023. 8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: November 16, 2023; 9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/Farstad Oil, #1 Clear Diesel ($3.672) and #2 Clear Diesel ($3.202); Midway Service-Vollan Oil, #1 Clear Diesel ($3.7870) and #2 Clear Diesel ($3.2820); Harms Oil, CHS, Petroleum Traders, Inc., Howes Oil, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/Farstad Oil. APPLICATIONS 9. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit C. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 10. Parcel #87565, for 2018 property taxes in the amount of $444.30. 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 #87565, for 2019 property taxes in the amount of $446.67. 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. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, December 19, 2023. New 2023-24 Retail Malt Beverage License for Big Chiefin, 3709 West 41st Street, Suite 2. 13. Set a date of hearing for Tuesday, December 19, 2023. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for The Parkwood, 7800 South Western Avenue. 14. Set a date of hearing for Tuesday, December 19, 2023. New 2023-24 Retail Malt Beverage License for Hacienda Jalisco Restaurant, 1309 East Benson Road. 15. Set a date of hearing for Tuesday, December 19, 2023. New 2023 Retail Liquor License for Boss LLC, 5915 East 26th Street. REGULAR AGENDA 16. 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: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 17. New 2023-24 Retail Malt Beverage License for Ramada, 407 South Lyons Avenue. 18. Special One-Day Malt Beverage License for Woodgrain Brewing Company, to be operated at Little Stone Church, 1001 East 6th Street, for an art market on December 16, 2023. 19. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit E. A motion was made by Council Member Neitzert and seconded by Council Member Starr to approve Items 17 through 19. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 500 S. VAN EPS AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 18753-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): TTT Investments, LLC – John Sweets A motion was made by Council Member Merkouris and seconded by Council Member Cole to adopt Ordinance No. 112-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 21. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1821 S. DULUTH AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 18828-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Mark Johnson  A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Ordinance No. 113-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 305 W. 39TH ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18829- 2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): T & T Properties, LLC – Todd Bourne A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Ordinance No. 114-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Soehl to adopt Ordinance No. 115-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 34: ETHICS AND CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD. Sponsors: Council Members Neitzert and Merkouris A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to adopt Ordinance No. 116-23. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend the definition, “NOMINAL INTRINSIC VALUE” in Section 2 by adding “is” before “of minimum value” and replacing “that” with “and” after “of minimum value”. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend Section 1 by adding the following sentence at the end of (b), “However, in no case shall city funds be expended for any event or activity organized by a political party”. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend Section 9 by adding “if” and a colon at the end of (a) (6), and adding the following subsections under (a)(6) that reads, “A. The benefit was not offered or enhanced because of the official position of the officer or employee; and” and “B. The benefit is customarily provided to others in similar circumstances.” And amending Section 13, by adding “if” and a colon at the end of (e) (6), and adding the following subsections under (e)(6) that reads, “A. The benefit was not offered or enhanced because of the official position of the city council member; and” and “B. The benefit is customarily provided to others in similar circumstances”. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend by adding a definition, “fundraising” to Section 2. The definition shall read, “FUNDRAISING means the raising of funds for the City or a nonprofit organization, other than a political organization or prohibited source as defined in this chapter, through,” subsection (1) “Solicitation of funds or sale of items; or” subsection 2, “Participation in the conduct of an event by an officer or employee where any portion of the cost of attendance or participation may be taken as a charitable tax deduction by a person incurring that cost.” Subsection 3, “Participation in the conduct of an event means active and visible participation in the promotion, production, or presentation of the event and includes serving as honorary chairperson, sitting at a head table during the event, and standing in a reception line. The term does not include mere attendance at an event provided that, to the officer’s or employee's knowledge, his/her attendance is not used by the nonprofit organization to promote the event. While the term generally includes any public speaking during the event, it does not include the delivery of an official speech sanctioned by his/her department whose subject matter pertains to their official duties, nor does it include any seating or other participation appropriate to the delivery of such a speech. Waiver of a fee for attendance at an event by a participant in the conduct of that event does not constitute a gift for purposes of this chapter.” Subsection 4, “Personally solicit means to request or otherwise encourage donations or other support either through person-to-person contact or through the use of one's name or identity in correspondence or by permitting its use by others. It does not include the solicitation of funds through the media or through either oral remarks, or the contemporaneous dispatch of like items of mass-produced correspondence, if such remarks or correspondence are addressed to a group consisting of many persons, unless it is known to the official or employee that the solicitation is targeted at subordinates or at persons who are prohibited sources as defined by this chapter. It does not include behind-the-scenes assistance in the solicitation of funds, such as drafting correspondence, stuffing envelopes, or accounting for contributions.” And amending Section 9 by adding subsection (a) (8), “An officer or employee may participate in fundraising in an official capacity if, in accordance with ordinance, Executive Order, or other applicable law, he/she is authorized to engage in the  fundraising activity as part of his/her official duties. When authorized to participate in an official capacity, an officer or employee may use his/her official title, position, and authority. An officer or employee may engage in fundraising in his/her personal capacity provided that he/she does not:” Subsection A, “Personally solicit funds or other support from a subordinate or from any person:” subsection i, “Known to the officer or employee to be a prohibited source within the meaning of this chapter; or” subsection ii “Known to the officer or employee to be a prohibited source within the meaning of this chapter, that is a person whose interests may be substantially affected by the performance or nonperformance of his/her official duties.” And adding subsection B “Use or permit the use of his official title, position or any authority associated with his/her public office to further the fundraising effort.” And subsection C, “Engage in any action that would otherwise violate this chapter.” And amending Section 13 by adding subsection (e)(8), “A city council member may participate in fundraising in an official capacity if, in accordance with ordinance, or other applicable law, he/she is authorized to engage in the fundraising activity as part of his/her official duties. When authorized to participate in an official capacity, a city council member may use his/her official title, position, and authority. A city council member may engage in fundraising in his/her personal capacity provided that he/she does not:” Subsection A, “Personally solicit funds or other support from a subordinate or from any person:” subsection i, “Known to the city council member to be a prohibited source within the meaning of this chapter; or” subsection ii “Known to the city council member to be a prohibited source within the meaning of this chapter, that is a person whose interests may be substantially affected by the performance or nonperformance of his/her official duties.” And adding subsection B “Use or permit the use of his official title, position or any authority associated with his/her public office to further the fundraising effort.” And subsection C, “Engage in any action that would otherwise violate this chapter”. A motion was made by Council Member Neitzert and seconded by Council Member Merkouris to amend by making this amendment as gender neutral as possible; and authorizing the City Attorney to make all the language gender neutral. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to amend. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco; 1 No: Starr. Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 25. Deferred from the meeting of Tuesday, December 5, 2023; A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING DESIGNATION OF A BRIDGE OVER THE BIG SIOUX RIVER ON EAST SIXTH STREET. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to defer to Tuesday, December 19, 2023.  Roll call vote to defer. 7 Yes: Cole, Jensen, Neitzert, Selberg, Soehl, Starr, Barranco; 1 No: Merkouris. Motion Passed. 26. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS TRANSIT, LLC, A WHOLLY OWNED SUBSIDIARY OF VIA TRANSPORTATION, INC., FOR CONSULTING SERVICES AND THE MANAGEMENT AND OPERATION OF SIOUX AREA METRO. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution No. 129-23. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 129-23 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SIOUX FALLS TRANSIT, LLC, A WHOLLY OWNED SUBSIDIARY OF VIA TRANSPORTATION, INC., FOR CONSULTING SERVICES AND THE MANAGEMENT AND OPERATION OF SIOUX AREA METRO. WHEREAS, on June 30, 2023, the City of Sioux Falls (the “City”) requested proposals for transit management services for Sioux Area Metro, which includes the properties, equipment, assets, and facilities now and hereafter owned by the City for use in providing public transit services. WHEREAS, as a result of the request for proposals, the City selected Via Transportation, Inc. to provide management, consulting, and operation services for Sioux Area Metro; and WHEREAS, Via Transportation, Inc. is engaged, among other things, in the business of providing management, consulting, and operation services for public transit systems, and developing and implementing transit technology and software; and WHEREAS, Via Transportation, Inc. has created Sioux Falls Transit, LLC, which is a wholly owned subsidiary of Via Transportation, Inc., to provide management, consulting, and operation services for Sioux Area Metro; and WHEREAS, the City and Sioux Falls Transit, LLC intend to work in mutual accord to ensure the provision of first-class public transit services, thereby enhancing the public’s use and access to the City’s public transit system; and WHEREAS, the City desires to engage, and Sioux Falls Transit, LLC desires to accept the engagement to provide management, consulting, and operation services for Sioux Area Metro; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  Section 1. That the documents for transit management services between the City and Sioux Falls Transit, LLC, entitled individually The Master Services Agreement, Appendix A, Appendix B, Service Order 1, Service Order 2, Service Order 3, Exhibit 1, and Exhibit 2 (collectively “the “Agreement”), substantially in the form attached hereto and made part of this resolution, are hereby approved. Section 2. That the Mayor is authorized to sign such Agreement after it is ratified and executed by Sioux Falls Transit, LLC. Section 3. In connection with the authorization of the Agreement, the Mayor, City Clerk, Finance Director, Director of Planning and Development, City Attorney, and other officers of the City shall be authorized to enter into, execute, and deliver the Agreement and the following documents, instruments, and agreements as may be deemed necessary by the parties, consistent with the terms of the Agreement, which do not exceed the amount appropriated and budgeted for the City’s transit fund. A. Amendments, Change Orders, and Change Directives to the Agreement; B. Insertion of Exhibits or Appendices into the Agreement which are mutually agreed upon by the parties; and C. Other required documents or instruments which are mutually agreed upon by the parties pursuant to the Agreement. The execution and delivery of all such amendments, change orders, change directives, exhibits, documents, and instruments are hereby authorized and directed to be in such form and to contain such terms, consistent with this resolution, as the officers of the City designated herein shall determine to be necessary and desirable. Section 4. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 12/05/23 . 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) 27. Audit Report 22-04 Vendor Setup & Maintenance Report. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Wayne Wilhelmi spoke about his concerns of the elevated road for the 85th Street Bridge and Veterans Parkway. Kristen Phipps, President of the Soo Foo Off-Leash Dog Association, spoke about the need for the off-leash area at Family Park and concerns for the proposed park plan. Matt Klumper spoke about concerns regarding the proposed Family Park plan and offered alternative solutions. Lang Bretzman spoke about his concerns regarding the proposal for Family Park. Megan Klumper spoke about the benefits of the off-leash section of Family Park. Donna Merrill spoke about the benefits of the off-leash section of Family Park. Chester Deyoung spoke about his experiences with City staff regarding Grant Street. Lane Stockland spoke about having conerns about the proposed Family Park plan addressed with the Parks and Recreation Department. Mary Bergis spoke about the animals at Family Park. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Soehl to adjourn at 8:15 p.m. Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk