City Council Meeting

MINUTES City Council Meeting Tuesday, May 14, 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 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Senior Pastor Oscar Mata, Church of God (Seventh Day) 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Alex Jensen, At-Large Council Member  Greg Neitzert, Northwest District Council Member  Marshall Selberg, Southwest District Council Member  Pat Starr, Northeast District Council Member  SIOUXPERHERO Citizen Recognition Award: Shawn Pritchett The outgoing Councilors each gave a farewell speech at this time. CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg 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. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 7, 2024  Regular City Council Meeting of Tuesday, May 7, 2024 COMMUNICATIONS 7. Approval of contracts/agreements over $100K on the memorandum dated May 10, 2024. 8. Notice of Contracts/Agreements under $100K and Change Orders over $100K through April 30, 2024. REGULAR AGENDA 9. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve the Regular Agenda. A motion was made by Council Member Selberg and seconded by Council Member Merkouris to amend by moving Item 24 after Item 12; Item 26 after Item 14; and Items 27 and 28 after Item 17. Roll call vote to amend. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 10. 2nd 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 Neitzert to adopt Ordinance No. 40-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 11. 2nd 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 Selberg and seconded by Council Member Merkouris to adopt Ordinance No. 41-24. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 12. 2nd 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 Selberg and seconded by Council Member Jensen to adopt Ordinance No. 42-24. Roll call vote to adopt. 6 Yes: Cole, Jensen, Merkouris, Selberg, Soehl, Barranco; 2 No: Neitzert, Starr. Motion Passed. Item 24 was heard at this time. See item for action taken. 13. 2nd 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 Neitzert and seconded by Council Member Cole to adopt Ordinance No. 43-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 14. 2nd 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 adopt Ordinance No. 44-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Item 26 was heard at this time. See item for action taken. 15. 2nd 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 adopt Ordinance No. 45-24. Roll call vote to adopt. 6 Yes: Cole, Jensen, Merkouris, Selberg, Starr, Barranco; 2 No: Neitzert, Soehl. Motion Passed. 16. 2nd 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 approve Item 16. A substitute motion was made by Council Member Jensen and seconded by Council Member Cole to refer Item 16 to the Regulatory Oversight Committee and to bring back, to the Council, a recommendation on the item. A substitute motion was made by Council Member Jensen and seconded by Council Member Cole to refer Item 16 to the Operations Committee of the City Council. Roll call vote to refer. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 17. 2nd 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 adopt Ordinance No. 47-24.  Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. Item 27 was heard at this time. See item for action taken. Item 28 was heard at this time. See item for action taken. 18. 2nd 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 adopt Ordinance No. 48-24. Roll call vote to adopt. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco; 0 No: (None). Motion Passed. Starr was not present for the vote on this motion. 19. 2nd 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 adopt Ordinance No. 46-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 20. Deferred from the meeting of Tuesday, April 16, 2024 A RESOLUTION EXCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA -- NE 1/4 NW 1/4 Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to withdraw Item 20. Roll call vote to withdraw. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 21. A RESOLUTION VACATING A PART OF RIGHT-OF-WAY LYING ALONG THE SOUTH SIDE OF WEST TICKMAN STREET RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Lifescape  A motion was made by Council Member Neitzert and seconded by Council Member Barranco to adopt Resolution No. 52-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 52-24 A RESOLUTION VACATING A PART OF RIGHT-OF-WAY LYING ALONG THE SOUTH SIDE OF WEST TICKMAN STREET RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate public right-of-way has been filed by the owners of the following described property: Lot 6, Block 1, Career Place Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota. WHEREAS, the hearing was held on May 14, 2024, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the publicly dedicated right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, subject to a public drainage easement and 10' utility easement reserved by the City of Sioux Falls in, over, and upon a part of the vacated right-of-way as shown on Exhibit A for electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, 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: 05/14/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 22. A RESOLUTION APPROVING THE RELEASE OF A UTILITY EASEMENT LYING WITHIN LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Lifescape A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 53-24.  Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 53-24 A RESOLUTION APPROVING THE RELEASE OF A UTILITY EASEMENT LYING WITHIN LOT 6, BLOCK 1, CAREER PLACE CENTER ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the utility easement across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the utility easement was established by agreement filed in Book 134 of Misc. on pages 641–642 in the office of the Register of Deeds for Minnehaha County, SD on August 1, 1979. The utility easement was reaffirmed by plat and filed in Book 85 of Plats on page 103 in the office of the Register of Deeds for Minnehaha County, SD on June 1, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 6, Block 1, Career Place Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 05/14/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 23. A RESOLUTION CONSENTING TO THE ESTABLISHMENT OF THE LINCOLN COUNTY TAX INCREMENT DISTRICT NUMBER 10 THAT INCLUDES PROPERTIES LOCATED IN THE CITY OF SIOUX FALLS BOUNDARIES. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 54-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 54-24 A RESOLUTION CONSENTING TO THE ESTABLISHMENT OF THE LINCOLN COUNTY TAX INCREMENT DISTRICT NUMBER 10 THAT INCLUDES PROPERTIES LOCATED IN THE CITY OF SIOUX FALLS BOUNDARIES.  WHEREAS, the properties within the proposed Lincoln County Tax Increment District Number 10 meet the qualifications and criteria set forth in SDCL 11-9; and WHEREAS, a portion of the properties within the proposed Lincoln County Tax Increment District Number 10 are located within the City of Sioux Falls boundaries; and WHEREAS, the proposed Lincoln County Tax Increment District Number 10 and properties included therein are identified and set forth in the Lincoln County District Number 10 TIF Map attached hereto; and WHEREAS, the purpose of the Lincoln County Tax Increment District Number 10 is to assist in funding the public infrastructure project known as the 85th St. and I-29 Interchange Project; and WHEREAS, the Lincoln County Tax Increment District Number 10 is a benefit to the development of the public infrastructure at 85th St. and I-29 Interchange Project and the properties within the City’s boundaries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City consents to the establishment of Lincoln County’s Tax Increment District Number 10 as identified and set forth in the Lincoln County District Number 10 TIF Map. That the Lincoln County Tax Increment District Number 10 as identified and set forth in the Lincoln County District Number 10 TIF Map and made a part of this resolution is hereby approved. 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: 05/14/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 24. A RESOLUTION AMENDING THE 2024-2028 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Soehl to adopt Resolution No. 55-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 55-24 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: Parks and Recreation Amend the Capital Improvements Program by adding a project, West Side Aquatics and Recreation Center, in 2024. The estimated cost for purchase and closing costs is $9,050,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund available fund balance (transfer from General Fund Unassigned Fund Balance). Date adopted: 05/14/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk Mayor TenHaken left the meeting and passed the gavel to Council Chair Selberg at 7:26 p.m. 25. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 56-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 56-24 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 Chad Pickard Active Transportation Board Reappointed for a term from May 2024 to May 2027. Koni Sims Active Transportation Board Reappointed for a term from May 2024 to May 2027.  Greg Olson Board of Museum Trustees Appointed for a term from May 2024 to May 2027 (replacing Kim Koblank). Cassie Pospishil Building Board of Appeals Appointed for a term from May 2024 to December 2026 (replacing Dave Van Nieuwenhuyzen). Gregg Brown Housing and Appointed for a term from May Redevelopment 2024 to May 2029. Commission Randal Osterloo Housing and Reappointed for a term from Redevelopment May 2024 to May 2029. Commission Jason Reaves Infrastructure Review Appointed for a term from May Advisory Board 2024 to May 2027. Adam Emerson Library Board of Trustees Reappointed for a term from May 2024 to May 2027. Justin G. Smith Parks and Recreation Board Appointed for a term from June 2024 to July 2025 (Ann Nachtigal unexpired term). Dave Van Planning Commission Appointed for a term from June Nieuwenhuyzen 2024 to May 2029. Date adopted: 05/14/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 26. RESOLUTION ADOPTING THE 2024 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adopt Resolution No. 57-24. Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 57-24 A RESOLUTION ADOPTING THE 2024 CITY COUNCIL POLICIES AND PROCEDURES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the document attached to and part of this resolution entitled “2024 City Council Policies and Procedures” is hereby adopted. Date adopted: 05/14/21 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 27. MOTION TO APPROVE AN AGREEMENT WITH SOUTHEAST TECHNICAL COLLEGE FOUNDATION. Sponsors: Council Members Merkouris and Jensen A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve Item 27. Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr, Barranco; 0 No: (None). Motion Passed. 28. A MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WOODS, FULLER, SHULTZ & SMITH P.C. Sponsors: Council Members Merkouris and Jensen A motion was made by Council Member Jensen and seconded by Council Member Merkouris to approve Item 28. Roll call vote to approve. 7 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Barranco; 1 No: Starr. 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) 29. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: April 30, 2024. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Lura Roti, Shon Roti and Jennifer Johnson Keckler presented Councilor Greg Neitzert with a Thank you plaque for his service to the Cathedral Historic District. Scott Ehrisman spoke about citizens speaking against other citizens; thanked Councilors Neitzert and Pat Starr for their service; how Councilors vote on items; issues with the Mayor; and issues with Councilor Marshall Selberg's residence.  Bruce Danielson thanked Starr for his service; spoke about the loss of spirit on the Council; the rubber stamping of items; the Home Rule Charter; and issues with the Mayor. Michael Stangeland thanked the Councilors who voted against changing the number of votes required for a candidate to win an election; and spoke about voter plurality. Tim Stanga spoke about voter plurality and how the Council is run. Chester Deyoung spoke about road issues at his residence. Sierra Broussard spoke about reasons why people don't show up for meetings; and about the outgoing Councilors. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Jensen to adjourn at 9:55 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