City Council Meeting

MINUTES Regular City Council Meeting Tuesday, May 7, 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 David Barranco, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Father Paul King, St. Lambert's Parish 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Members of the 2023-2024 Mayor's Youth Council 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. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 16, 2024  City Council Meeting of Tuesday, April 16, 2024   Informational Meeting of Tuesday, April 23, 2024  Joint City Council / Lincoln County Commission Meeting of Tuesday, April 23, 2024  Informational Meeting of Tuesday, April 30, 2024 COMMUNICATIONS 7. Approval of surplus property disposition on the memorandum dated April 18, 2024. 8. Approval of contracts/agreements over $100K on the memorandum dated May 3, 2024. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Junior Achievement of South Dakota to consume, but not sell, alcoholic beverages at our JA Finance Park launch social, on May 16, 2024. 10. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Shawn Pritchett. 11. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Gary Zitterich. APPLICATIONS 12. Special One-Day Liquor License for T Slat Inc., to be operated at 504 North Phillips Avenue, for concerts on May 31 and June 1, 2024. 13. Various Retail Malt Beverage renewals for 2024-2025 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit B. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 14. Parcel #65479, for 2023 property taxes in the amount of $2,041.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #89799, for 2023 property taxes in the amount of $2,738.24. Reason: The property is exempt from the tax. 16. Parcel #35349, for 2023 property taxes in the amount of $654.75. Reason: The property is exempt from the tax. 17. Parcel #53935, for 2023 property taxes in the amount of $3,486.04. Reason: The property is exempt from the tax. 18. Parcel #77537, for 2023 property taxes in the amount of $767.93. Reason: The property is exempt from the tax. 19. Parcel #69939, for 2023 property taxes in the amount of $2,316.67. Reason: The property is exempt from the tax. 20. Parcel #38111, for 2023 property taxes in the amount of $1,439.87. Reason: The property is exempt from the tax. 21. Parcel #44383, for 2023 property taxes in the amount of $1,330.98. Reason: The property is exempt from the tax. 22. Parcel #85754, for 2020 property taxes in the amount of $1,534.91. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #85754, for 2021 property taxes in the amount of $2,530.15. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 24. Parcel #85754, for 2022 property taxes in the amount of $2,523.47. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #85754, for 2023 property taxes in the amount of $2,396.43. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 26. Parcel #96370, for 2023 property taxes in the amount of $175.81. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 27. Parcel #52082, for 2023 property taxes in the amount of $1,538.19. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 28. Parcel #76433, for 2022 property taxes in the amount of $183.79. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 29. Parcel #76433, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 30. Parcel #62187, for 2023 property taxes in the amount of $1,983.62. 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. 31. Parcel #84425, for 2023 property taxes in the amount of $6,481.68. 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. 32. Parcel #33209, for 2020 property taxes in the amount of $2,252.18. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 33. Parcel #33209, for 2021 property taxes in the amount of $2,224.11. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 34. Parcel #33209, for 2022 property taxes in the amount of $2,163.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 35. Parcel #33209, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 36. Parcel #79857, for 2023 property taxes in the amount of $2,009.06. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 37. Parcel #28475, for 2023 property taxes in the amount of $1,098.89. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 38. Set a date of hearing for Tuesday, May 21, 2024. New 2024-25 Retail Malt Beverage License for Red Sea Pub, 4930 North Cliff Avenue. 39. Set a date of hearing for Tuesday, May 21, 2024. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for Remedy Pickleball Pub, 100 North Reid Street. 40. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2024 Retail Liquor License from SF Hotel #1 LLC, 120 East 4th Place to Steel District Restaurants LLC, 150 East 4th Place, Suite 110 & 120 and 200 East 4th Place. 41. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2024 Retail Liquor License from Steel District Office Tower LLC, 150 East 4th Place to SF Hotel #1 LLC, Canopy by Hilton, 120 East 4th Place. 42. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2024 Retail Liquor License from Boss LLC, 5915 East 26th Street to MG Oil Company, 49th Street Liquor 2, 3601 South Minnesota Avenue, Suite I. 43. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Happy Jacks Sioux Falls III, 3705 South Western Avenue, Suite C, to MG Oil Company, Corner Pantry 34 Casino 2, 2709 East 6th Street. 44. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2023-24 Retail Malt Beverage License, include video lottery placement, from Big Al’s Inc., Big Al’s Casino, 4701 East Arrowhead Parkway, to MG Oil Company, Big Al’s Casino, 4701 East Arrowhead Parkway. 45. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Empire Casino Inc., 3908 West 41st Street, to MG Oil Company, Empire Casino, 3908 West 41st Street. 46. Set a date of hearing for Tuesday, May 21, 2024. Transfer of 2023-24 Retail Malt Beverage License from Boss’ Pizza and Chicken LLC, 2111 South Minnesota Avenue, to Dakota Boss LLC, 2111 South Minnesota Avenue. 47. Set a date of hearing for Tuesday, May 21, 2024. Renewal of 2024-25 Retail Malt Beverage License for Ali’s Sports Bar and Restaurant LLC, 4719 East Arrowhead Parkway. 48. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at 2407 South Summit Avenue, for a concert on May 31, 2024. 49. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Liquor License for Treasury LLC to be operated at 300 North Cherapa Place, for a special event on June 1, 2024. 50. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage License for T Slat Inc., to be operated at 6200 South Cliff Avenue, for a soccer game on June 7, 2024. 51. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage Licenses for Covert Artisan Ales to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 52. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage Licenses for Severance Brewing Company to be to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 53. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage Licenses for Fernson Brewing Company to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 54. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage Licenses for Woodgrain Brewing Company to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 55. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Panacea Brewing Company to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 56. Set a date of hearing for Tuesday, May 21, 2024. Special One-day Malt Beverage and Special One-Day Wine Licenses for Panacea Brewing Company to be operated at 7121 South Cliff Avenue, for social events on July 13 & 14, 2024. 57. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Off-Sale Wine License for Society of St Vincent De Paul to be operated at 100 West 8th Street. for a fundraiser on June 22, 2024. 58. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Liquor Licenses for Great Bear Management Co. Inc., 5901 East Rice Street for special events on July 19, August 3 and 15, 2024. 59. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Liquor Licenses for Midwest Capital to be operated at 301 South Thompson Avenue, for special events on May 25 and June 5, 2024. 60. Set a date of hearing for Tuesday, May 21, 2024. Special One-Day Liquor License for Sioux Falls YMCA to be operated at 2301 East 26th Street, for a fundraiser on August 22, 2024. REGULAR AGENDA 61. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 62. New 2023-24 Retail Malt Beverage License and New 2024 New Retail Wine License for Session Ale Works, 323 South Whitewood Circle. 63. New 2024 Retail Wine License for Rose Nails, 5024 South Marion Road. 64. Special One-Day Malt Beverage Licenses for T Slat Inc, to be operated at 1401 West 33rd Street, for games on May 9, 10, 11, 14, 15, 16, 17, 18, 24 & 25, 2024. 65. Special One-Day Malt Beverage License for Presentation Sisters to be operated at 515 North Main Avenue, for a fundraiser on May 11, 2024. 66. Special One-Day Liquor License for Sioux Falls Zoo and Aquarium, 805 South Kiwanis Avenue, for a fundraiser on June 27, 2024. A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve Items 62 through 66. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 67. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. MADISON ST. AND WEST OF VETERANS PKWY. FROM THE O OFFICE AND LW LIVE-WORK DISTRICTS TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR AND CN CONSERVATION DISTRICTS, NO. 19327-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): C-Lemme Companies, LLC and Tsydal Developments, Inc. – Joel Ingle A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Ordinance No. 36-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 68. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1524 S. SUMMIT AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 19356- 2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Mark Gjerde A motion was made by Council Member Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 37-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 69. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 3113 S. PHILLIPS AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 19369-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Hahn Holdings I LLC – Verlyn Hahn A motion was made by Council Member Starr and seconded by Council Member Jensen to adopt Ordinance No. 38-24. Roll call vote to adopt. 5 Yes: Barranco, Cole, Jensen, Merkouris, Selberg; 3 No: Neitzert, Soehl, Starr. Motion Passed. 70. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SECTION 96.190, DISTRIBUTION AT PARADES. Sponsors: Council Members Cole and Neitzert A motion was made by Council Member Cole and seconded by Council Member Neitzert to adopt Ordinance No. 39-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37 TAXATION. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 71. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37 TAXATION. Sponsor: Mayor A motion was made by Council Member Starr and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 72. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 73. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE ACQUISITION OF AN AQUATICS AND RECREATION CENTER AT 8701 WEST 32ND STREET. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 73. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 74. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $23,130,000. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 74.  Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 75. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 36: FINANCES; SUBCHAPTER PURCHASING; BY ADDING SECTION 36.026 SUBSIDY AGREEMENTS. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 75. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 76. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR A COMMUNITY APPRECIATION DAY AT THE ZOO WITH REDUCED ENTRANCE FEE ON A DESIGNATED DAY DURING SUMMER OPERATIONS. Sponsors: Council Members Jensen and Barranco A motion was made by Council Member Jensen and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 76. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 77. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 30: CITY COUNCIL, SUBCHAPTER: ORGANIZATION AND PROCEDURE, SECTION 30.015, ADDRESSING THE COUNCIL; TIME LIMIT. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Sponsors: Council Members Cole and Jensen A motion was made by Council Member Cole and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 77. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 78. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION TO FUND AN EARLY CHILDHOOD SCHOLARSHIP GRANT AND A PROFESSIONAL SERVICES AGREEMENT FOR CHILDCARE RESEARCH SERVICES. Sponsors: Council Members Merkouris and Jensen A motion was made by Council Member Jensen and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 78. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 79. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING 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 set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 79. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 80. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110: LICENSES, SUB-CHAPTER: FEE SCHEDULE. Sponsors: Council Members Barranco and Jensen A motion was made by Council Member Barranco and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 80. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 81. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES BY AMENDING SECTION 38.010 ELECTION RESULTS. Sponsors: Council Members Starr and Neitzert A motion was made by Council Member Starr and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, May 14, 2024 for Item 81. Roll call vote to set a date of 2nd Reading. 4 Yes: Barranco, Merkouris, Neitzert, Starr; 4 No: Cole, Jensen, Selberg, Soehl. The Mayor broke the tie with a 'no' vote. Motion Failed. HEARINGS AND RESOLUTIONS 82. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2024. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 45-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.  RESOLUTION NO. 45-24 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2024. WHEREAS, the 2024 SculptureWalk program will bring a large number of sculptures to the central business district for outdoor display; and WHEREAS, the SculptureWalk program enhances the beauty and culture of the downtown area for all residents and visitors to enjoy; and WHEREAS, 80 of the proposed sculptures will be placed on public right-of-way or other publicly owned property; and WHEREAS, the exhibition of public art in the central business district is recommended and encouraged by the City of Sioux Falls’ 2025 Downtown Plan and the 2014 adopted Sioux Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City; and WHEREAS, the SculptureWalk program represents a broad collaboration of individuals and entities, both public and private, including Downtown Sioux Falls, the Sioux Falls Arts Council, the Chamber of Commerce, and the City of Sioux Falls; and WHEREAS, various City department staff has reviewed the proposed 2024 sculptures and their placements and recommended approval to the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the placement in public right-of-way and other public property of 80 sculptures, as described by the following: SCULPTURES ARTISTS_______________ Ecstatic Jeffrey Satter Flames of Life Gedion Nyanhongo Cyborg Muse Robert Turriff Society Spine Rollin Karg Farmhouse Fish Tim Nelsen Mobile Home Andrew Arvanetes Imposter Syndrome Jason Richter Resilience Clark Martinek Beauty in the Broken Joe & Terry Malesky Grace Serge Mozhnevsky Life of Whimsey Stephanie Sailer Taking Flight Michael Young and… Paul Reimer Weight of the World Dale Compton Birth of the World Denis Kleine Gone to Seed Nathan Johansen Twist Jon Kamrath Endeavor Bobbie Carlyle Regenerate Tim Adams June Bug Steve Bormes Early Combs Roosting Nathan Johansen Xuberant! Craig Snyder Fishing Child Albert Rhea Sky & Hills Robert Bruce Ecstatic Crepitacean 3 Will Vannerson 3 Cubs in a Tree Eric Thorsen Boy Reading a Book Eric Thorsen Altair Aidan Demarais (& Tim James) Aloft Ryan & James Pedersen The Harvest Bobbie Carlyle Pentatonic Isaac Kidder Potato Bug Predicament Nathan Johansen A Fare in, a Neutral World Brittney Wegener Medley Joe & Terry Malesky Musician’s Clockwork Alex Miller Animal Imagined Isaac Kidder Jack Rust, the Forest Tinkerer Staci Martinez Mischief II Ruth Gee Bedecked Billows Luke Achterberg Reel Life Michael Young Mycology Manor Tim Nelsen Hope Catherine Johnston Connected Paul Reimer Willow Dust Stephanie Sailer Flower Power Steve Bormes Take Me Away Paul Reimer Turn, Turn, Turn… Judd Nelson Pluma Sculptura Kirk Seese Window Dressing Tim Adams Blooming Yellow Tulip Sunghee Min Flux Luke Achterberg Adornment Sally Jurgensmeier 32-GON Martin Leenhouts Where the Buffalo Roam Peter Vogelaar Metamorphosis Peter Vogelaar Cactus Flower Mark Hall Self-Censored Alex Mendez Monkey’n Around Clark Martinek Bunny for Nothing Craig Snyder Asteria Tim Adams Mechanical Guppy Tim Nelsen Wind Hand Jacob Harvey Be Kind Joe & Terry Malesky School’s Out Jeffrey Satter I See a Bright Future Gedion Nyanhongo CircumZoidal Bilhenry Walker Interpretive Dance Rick Haugan Challenge to Discover Robert Bruce Terning Michael Young Salvage Rhino Dennis Allen Gretchen Hope Rollin Karg I Wanna Go Home Susan Geissler Coral Tim Adams I Am a Man: Chief Standing Bear Sondra Jonson Garden Fairy Sondra Jonson Let’s Play Christine Knapp Maynard Andrew Pudas Reflection Lisa Huth Raven’s Domain Ken Newman Reflection Gedion Nyanhongo Date adopted: 05/07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 83. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. (Water Reclamation Facility Expansion - $9,000,000). Sponsor: Mayor A motion was made by Council Member Selberg and seconded by Council Member Barranco to adopt Resolution No. 46-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 46-24 A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2024–2028 Capital Program shall be amended as follows: Water Reclamation Amend Capital Improvements Program Project No. 23043, Water Reclamation Facility Expansion, by adding funding for construction in 2024. The estimated cost is $9,000,000 and will not require an increase in appropriations as it will be funded with American Rescue Plan Act (ARPA) funds. Date adopted: 05/07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 84. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR FINANCIAL ASSISTANCE BETWEEN THE CITY OF SIOUX FALLS AND SOUTH DAKOTA DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES. Sponsor: Mayor  A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 47-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 47-24 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR FINANCIAL ASSISTANCE BETWEEN THE CITY OF SIOUX FALLS AND SOUTH DAKOTA DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES. WHEREAS, the City of Sioux Falls, SD (the “City”), previously determined it necessary to proceed with improvements to its clean water system, including, but not limited to, Water Reclamation Facility Expansion and Capacity Improvements (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) was prepared; and WHEREAS, the City submitted a funding application for the project to the Board; and WHEREAS, the American Rescue Plan Act (ARPA) and 2024 South Dakota Senate Bill 53 have allowed for an additional grant allocation; and WHEREAS, the City qualifies for up to an additional $9,000,000 of ARPA grant funds; and WHEREAS, the City previously contributed $6,800,000 direct federally allocated ARPA Coronavirus State and Local Fiscal Recovery Funds (SLFRF) to the Project in July 2021; and WHEREAS, the City received from the Board an original additional allocation of $41,900,000 for the Project, representing $36,900,000 of ARPA grant funds and $5,000,000 of Board matching funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City is hereby authorized to request from the Board an additional allocation of up to $9,000,000 of additional ARPA grant funds for the Project. 2. That the City is hereby authorized to execute applications to the South Dakota Board of Water and Natural Resources 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 the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Date adopted: 05/07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 85. A RESOLUTION APPROVING THE FRANK OLSON PARK MASTER PLAN. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Selberg to adopt Resolution No. 48-24. Roll call vote to adopt. 6 Yes: Barranco, Cole, Jensen, Merkouris, Selberg, Soehl; 2 No: Neitzert, Starr. Motion Passed. RESOLUTION NO. 48-24 A RESOLUTION APPROVING THE FRANK OLSON PARK MASTER PLAN. WHEREAS, the Sioux Falls Parks and Recreation Department has prepared a master plan for Frank Olson Park; and WHEREAS, on April 29, 2024, the Sioux Falls Parks and Recreation Board recommended that the City Council approve the master plan for Frank Olson Park; and WHEREAS, the master plan for Frank Olson Park has merit and is of benefit to the City and its system of parks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the master plan for Frank Olson Park, which is attached hereto and made a part of this resolution. The City shall publish this resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 05/07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 86. A RESOLUTION APPROVING THE KUEHN PARK MASTER PLAN. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 49-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 49-24 A RESOLUTION APPROVING THE KUEHN PARK MASTER PLAN. WHEREAS, the Sioux Falls Parks and Recreation Department has prepared a master plan for Kuehn Park; and WHEREAS, on April 29, 2024, the Sioux Falls Parks and Recreation Board recommended that the City Council approve the master plan for Kuehn Park; and WHEREAS, the master plan for Kuehn Park has merit and is of benefit to the City and its system of parks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the master plan for Kuehn Park, which is attached hereto and made a part of this resolution. The City shall publish this resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 05//07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 87. A RESOLUTION APPROVING THE COOPERATIVE’S INTEGRATED RESOURCE PLAN (“IRP”) AS REQUIRED BY THE ENERGY POLICY ACT OF 1992. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 50-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 50-24 A RESOLUTION APPROVING THE COOPERATIVE’S INTEGRATED RESOURCE PLAN (“IRP”) AS REQUIRED BY THE ENERGY POLICY ACT OF 1992. WHEREAS, the Energy Policy Act of 1992 and rules promulgated thereunder require the City of Sioux Falls, SD, (Sioux Falls) to file and submit an Integrated Resource Plan (IRP) with Western Area Power Administration (WAPA) every five years; and WHEREAS, the Energy Planning and Management Program Submittal Procedures, 10 CFR Part 905.12, authorize the formation of cooperatives to develop IRPs; and WHEREAS, Sioux Falls has participated in a cooperative to develop an IRP along with the cities of Madison and Volga in SD; Valentine, NE; and the New Ulm, MN Public Utilities Commission: and WHEREAS, Sioux Falls and the other IRP cooperative members have developed the IRP under the revised guidelines of the Energy Planning and Management Program; and WHEREAS, the Sioux Falls City Council has reviewed the June 2024 IRP prepared by the cooperative; and WHEREAS, Sioux Falls desires to support the IRP, but only to the extent that the IRP is not inconsistent with the terms and conditions of the Power Sales Agreements between Sioux Falls and its suppliers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this Resolution entitled “June 2024 Integrated Resource Plan” is hereby approved and adopted. Section 2. The Mayor is hereby authorized to carry out all acts necessary to ensure that the IRP is filed with WAPA and regulatory bodies, as appropriate. Section 3. The City shall publish this resolution without attachments after its passage. The attachments are on file and available in the office of the City Clerk. Date adopted: 05/07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 88. A RESOLUTION DECLARING THE RESULTS OF THE CITY OF SIOUX FALLS MUNICIPAL RUNOFF ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 30TH DAY OF APRIL 2024. Sponsors: Council Members Selberg and Jensen A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 51-24. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 51-24 A RESOLUTION DECLARING THE RESULTS OF THE CITY OF SIOUX FALLS MUNICIPAL RUNOFF ELECTION HELD IN THE CITY OF SIOUX FALLS, SD, ON TUESDAY, THE 30TH DAY OF APRIL 2024. On Tuesday, the 30th day of April 2024, a City of Sioux Falls Municipal Runoff Election was held. The purpose of this election was to elect one At-Large City Council Member for the City of Sioux Falls, SD. The City Council of the City of Sioux Falls met as the Canvassing Board pursuant to law on Tuesday, May 7, 2024, at the Carnegie Town Hall, 235 W. 10th St., Sioux Falls, SD, at 6 p.m., to canvass the votes cast for said office at said Municipal Runoff Election.  Pursuant to the Canvassing Board’s report, candidates for the office of At-Large City Council Member received the following votes: For the office of At-Large City Council Member: Jordan Deffenbaugh—5,563 and Richard L. Thomason—6,161. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX FALLS, SD: That pursuant to the Canvassing Board’s report, Richard L. Thomason received 52.49 percent of the votes cast at said election and is hereby declared elected to the office of At- Large City Council Member. This resolution will become effective upon first publication. Date adopted: 05/07/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 89. A motion to appoint Thea Rave as Executive Support Coordinator. Sponsors: Council Members Selberg and Merkouris A motion was made by Council Member Selberg and seconded by Council Member Merkouris to approve the appointment of Thea Rave as Executive Support Coordinator. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 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) 90. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: April 10, 2024. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Catherine Brechtelsbauer spoke about the need for charging lower fees for access to public pools. John Cunningham spoke about ballot measures on sales tax on groceries. Scott Ehrisman spoke about a City Council employee and a City Council member.  Chester Deyoung spoke about the width of city streets. Bob Kolbe spoke about animal exhibits within the City of Sioux Falls. ADJOURNMENT A motion was made by Council Member Jensen and seconded by Council Member Merkouris to adjourn the meeting at 10:15 p.m. Voice vote to adjourn. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk