City Council Meeting

MINUTES City Council Meeting Tuesday, December 12, 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 Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member David Barranco, Council Member Sarah Cole, Mayor Paul TenHaken Absent: Council Member Pat Starr 3. INVOCATION  Jeff Svennes, Direct Line Prayer Partner 4. PLEDGE OF ALLEGIANCE 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. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 5, 2023  Regular City Council Meeting of Tuesday, December 5, 2023 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated December 8, 2023. 8. Notice of change orders on the memorandum dated December 8, 2023. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Barranco to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 10. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF CHAPTER 38: ELECTIONS. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, December 19, 2023 for Item 10. Roll call vote to set a date of 2nd Reading. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 11. Deferred from the meeting of Tuesday, December 12, 2023; A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018492- 2023—RMB N 1/2 SW 1/4. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to defer this item to the City Council Meeting on Tuesday, December 19, 2023. Roll call vote to defer. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. 12. A RESOLUTION DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS APPROVING CONVEYANCE OF PROPERTY IN EXCHANGE AS PART OF A SETTLEMENT AGREEMENT AND RELEASE. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Jensen to adopt Resolution Number 130-23.  Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 130-23 A RESOLUTION DECLARING CERTAIN PROPERTY OF THE CITY OF SIOUX FALLS APPROVING CONVEYANCE OF PROPERTY IN EXCHANGE AS PART OF A SETTLEMENT AGREEMENT AND RELEASE. WHEREAS, the City owns the following real property: Lot A in Tract 3, Westwood Valley 2nd Addition, to the City of Sioux Falls, Minnehaha County, South Dakota; and Tract A in Lot 4 of Block 13, Westwood Valley Addition, to the City of Sioux Falls, Minnehaha County, South Dakota. WHEREAS, pursuant to SDCL 9-27-34.1, any municipality may, by resolution, exchange any land belonging to such municipality with a private owner; WHEREAS, the structures on the above-described real property and the personal property located therein are 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 9-27-34.1, the exchange of property shall occur according to the terms and conditions in the Settlement Agreement for the below property: Lot A in Tract 3, Westwood Valley 2nd Addition, to the City of Sioux Falls, Minnehaha County, South Dakota; and Tract A in Lot 4 of Block 13, Westwood Valley Addition, to the City of Sioux Falls, Minnehaha County, South Dakota. Section 2. Subject to proper petition by Plaintiff Westwood Valley and approval by the Sioux Falls City Council, in adherence with all state and local laws for vacating public right-of-way, the City will vacate the unimproved right-of-way. Section 3. The appraisals were completed by Elwood & Martin Appraisals on September 25, 2023, per SDCL 9-27-34.1. Section 4. That the Mayor is authorized to sign on behalf of the City the documents that may be necessary to transfer ownership of such property to RBD Homes, LLC and Westwood Valley, LLC. Section 5. 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: 12/12/23 . Paul TenHaken, Mayor ATTEST: Jermery Washington, City Clerk 13. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE CITY OF VERMILLION, SOUTH DAKOTA. Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 131-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 131-23 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE CITY OF VERMILLION, SD. WHEREAS, the City owns a FireBlast Live Fire Training Center Prop identified with asset no. FA 4007588; and 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 6-13-1, 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 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 Vermillion, SD finds it desirable to acquire said property; and WHEREAS, the city of Vermillion 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 FireBlast Live Fire Training Center Prop 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 FireBlast Live Fire Training Center Prop to the city of Vermillion, SD is hereby approved. Date adopted: 12/12/23 . Paul TenHaken, Mayor ATTEST: Jermery Washington, City Clerk 14. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND EVALUATIONS FOR CITY COUNCIL APPOINTED STAFF. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Selberg to adopt Resolution No. 132-23. Roll call vote to adopt. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 132-23 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 2024 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 $2,678.40 $2,822.40 $2,957.60 $3,092.80 $3,228.00 $3,367.20 $3,504.80 $3,641.60 $3,775.20 b. The 2024 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 $3,175.20 $3,349.60 $3,522.40 $3,697.60 $3,871.20 $4,044.80 $4,224.80 $4,392.80 $4,569.60 c. The 2024 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 $3,281.60 $3,467.20 $3,650.40 $3,834.40 $4,020.00 $4,200.00 $4386.40 $4,570.40 $4,756.00 d. The 2024 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 $2,762.40 $2,908.80 $3,051.20 $3,196.00 $3,337.60 $3,482.40 $3,629.60 $3,772.00 $3,917.60 2. City Council employees shall progress through the applicable nine-step salary scale as follows: Waiting Period From Step To Step in Months 1 2 12 2 3 12 3 4 12 4 5 12 5 6 24 6 7 24 7 8 24 8 9 24 3. Employee progression through the pay scale is contingent upon satisfying the requisite waiting period as identified above and achieving satisfactory performance as documented utilizing applicable employee performance evaluation forms made available through the City’s Human Resources department. An employee step advancement may be delayed or denied based upon documented performance. 4. Performance reviews shall be conducted according to the following table: Immediate Job Title Council Authorization Supervisor/Reviewer 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 City Council’s appointed employees’ salary scales will be modified on the first full pay period of the calendar year to reflect any adopted inflation adjustment 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: 12/12/23 . Paul TenHaken, Mayor ATTEST: Jermery Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Wayne Wihelmi spoke about safety concerns for the residential area of South Veterans Parkway and distributed a handout with photographs. Kristen Phipps spoke about her personal exeriences with dogs and the responses she has received on Facebook regarding dog park activity. Lang Bretzman spoke about his personal time at an off-leash park. Mike Zitterich spoke about his ideas for Monument Hill regarding natural wildlife activities and preserving nature, green space and animal areas. Matt Klumper spoke about softball plans for the Family Park proposal. Darla Anderson spoke about activities in Sioux Falls and what can be done at Family Park. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Selberg to adjourn the meeting at 6:38 p.m. Voice vote to adjourn. 7 Yes: Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco, Cole; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk