City Council Meeting

MINUTES City Council Meeting Tuesday, January 16, 2024, 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 Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg (via telecom), Mayor Paul TenHaken Absent: Council Member Curt Soehl 2. INVOCATION  The Rev. Dr. Aaron Matson, Communications Director and Companion Synod Coordinator, for the South Dakota Synod of the Evangelical Lutheran Church in America 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. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 9, 2024  City Council Meeting of Tuesday, January 9, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated January 12, 2024. 7. Notice of change orders on the memorandum dated January 12, 2024. APPLICATIONS 8. Special One-Day Liquor License for T Slat Inc. to be operated at 515 North Main Avenue, for an event on January 18, 2024. 9. Special One-Day Liquor License for T Slat Inc., to be operated at 2510 South Grange, for events on January 26 and 27, 2024. 10. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 200 West 6th Street and 2505 South Grange, for events on February 3, 2024. NOTICE OF HEARINGS 11. Set a date of hearing for Monday, February 5, 2024. New 2023-24 Retail Malt Beverage License for Los Arcos Mexican Taco Shop LLC, 1200 South Minnesota Avenue. 12. Set a date of hearing for Monday, February 5, 2024. Special One-Day Liquor License for T Slat Inc. to be operated at 6200 South Cliff Avenue, for an event on February 7, 2024. 13. Set a date of hearing for Monday, February 5, 2024. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2510 South Grange Avenue, for events on February 9, 10, 23 and 24, 2024. 14. Set a date of hearing for Monday, February 5, 2024. Special One-Day Malt and Special One-Day Wine Licenses for Interstate House of Pancakes to be operated at 2204 West Madison Street, for an event on February 10, 2024. 15. Set a date of hearing for Monday, February 5, 2024. Special One-Day Liquor License for T Slat Inc. to be operated at 6100 South Louise Avenue, for an event on February 10, 2024. 16. Set a date of hearing for Monday, February 5, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 1725 West 41st Street, for an event on February 13, 2024. 17. Set a date of hearing for Monday, February 5, 2024. Special One-Day Liquor License for T Slat Inc., to be operated at 2505 South Grange Avenue, for an event on February 16, 2024. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA  A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 19. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for Grand Nail & Spa, 5019 South Western Avenue, Suite 140. 20. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for Vital Flow Infusions, 119 South Main Avenue. 21. Transfer of 2024 Retail Liquor License from The Heist LLC, 605 East 8th Street, to Monick Yards LLC, 605 East 8th Street. 22. Transfer of 2024 Retail Liquor License from Kneip Restaurants Inc, Cherry Creek Bar & Grill, 3104 East 26th Street, to Pals Pub Inc., Gibs, 3104 E 26th Street. 23. Transfer of 2024 Package Liquor License from Lewis Drugs Inc., 700 East 54th Street North, to Lewis Drugs Inc., 5830 East Madison Street. 24. Transfer of 2024 Retail Wine License and Transfer of 2023-24 Retail Malt Beverage License from Tokyo Sushi & Hibachi Steakhouse LLC, 3202 East 10th Street, to Tokyo Steakhouse Sioux Falls Inc., 3202 East 10th Street. 25. Special One-Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South Thompson Avenue, for weddings on January 20 and 27, 2024. 26. Special One-Day Wine License for The History Club, 758 South Phillips Avenue, for a Jazz event on January 31, 2024. 27. Special One-Day Off-Sale Wine License for American Heart Association to be operated at The District, 4521 West Empire Place, for a fundraiser on February 2, 2024. 28. Special One-Day Malt Beverage Licenses for St Mary Knights of Columbus to be operated at 2109 South 5th Avenue, for fundraisers on February 23, March 8 and 22, 2024. A motion was made by Council Member Jensen and seconded by Council Member Barranco to approve Items 19 through Item 28. Roll call vote to approve. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 85TH ST. AND EAST OF S. BRANDE AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 19068-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to set a date of 2nd Reading for Monday, February 5, 2024 for Item 29. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF S. RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE/WORK DISTRICT, NO. 19061-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Jensen to set a date of 2nd Reading for Monday, February 5, 2024 for Item 30. Roll call vote to set a date of 2nd Reading. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 31. 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 Cole to adopt Resolution No. 4-24. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 4-24 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 Deirdre Appel Solid Waste Planning Appointed for a term from February Board 2024 to February 2027. (Citizen representative replacing Barb Hamer.) Shannon Dwire Solid Waste Planning Reappointed. Board Kelly Jacobsma Solid Waste Planning Appointed for a term from February Board 2024 February 2027. (Citizen representative.) Date adopted: 01/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 32. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO DOWNTOWN SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 5-24. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 5-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO DOWNTOWN SIOUX FALLS. WHEREAS, the City owns a 2014 Nissan Frontier extended cab two-wheel drive pickup identified with asset no. FA 3016951 and VIN no. 1N6BDOCT4EN713235; 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, Downtown Sioux Falls finds it desirable to acquire said property; and WHEREAS, Downtown Sioux Falls is a South Dakota domestic nonprofit corporation; 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 2014 Nissan Frontier pickup 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 2014 Nissan Frontier pickup to Downtown Sioux Falls is hereby approved. Date adopted: 01/16/24 . Paul TenHaken, Mayor ATTEST: Jermery Washington, City Clerk 33. A RESOLUTION APPROVING THE EXECUTIVE SUPPORT COORDINATOR JOB DESCRIPTION. Sponsors: Council Members Merkouris and Selberg A motion was made by Council Member Merkouris and seconded by Council Member Jensen to adopt Resolution No. 6-24. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 6-24 A RESOLUTION APPROVING THE EXECUTIVE SUPPORT COORDINATOR JOB DESCRIPTION. WHEREAS, City Charter Sec. 2.01 establishes the City Council as a part-time, policy making and legislative body; and WHEREAS, the City Council staff play an important role in the day-to-day operations of the City Council; and  WHEREAS, the new position of Executive Support Coordinator is necessary to provide administrative support for the City Council Office and assist individual City Councilors as they respond to the needs of the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Executive Support Coordinator Job Description” is hereby adopted. Date adopted: 01/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 34. 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 Jensen to adopt Resolution No. 7-24. Roll call vote to adopt. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 7-24 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, Executive Support Coordinator, 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, Executive Support Coordinator, 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 e. The 2024 biweekly salary scale for the Executive Support Coordinator shall be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 $2,499.20 $2,611.20 $2,733.60 $2,857.60 $2,981.60 $3,104.80 $3,229.60 $3,357.60 $3,504.00 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- and Policy Chair Executive Support Chief of Legislation and Policy Council Chair or Vice- Coordinator Chair 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: 01/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS  There was none. GENERAL PUBLIC INPUT Pam Sabo spoke about issues regarding apartments managed by Tzadik Management. Sierra Broussard spoke about issues regarding PowderHaus Apartments and Townhomes; and renters of apartments of Tzadik Management. Molly Thompson spoke about her issues regarding Tzadik Management. Chester Deyoung spoke about a meeting with his brother and members of the City, regarding the redesign of Grant Street. John Mitchell spoke about issues with his apartment managed by Tzadik Management. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Cole to adjourn at 6:40 p.m. Voice vote to adjourn. 7 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk