City Council Meeting

MINUTES City Council Meeting Tuesday, July 9, 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 Curt Soehl, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Council Member David Barranco, Council Member Miranda Basye, Council Member Sarah Cole, Council Member Jennifer Sigette, Mayor Paul TenHaken Absent: Council Member Rich Merkouris 2. INVOCATION  Pastor Paul Stjernholm, Senior Pastor, Peace Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Brian Lindaman. A motion was made by Council Member Soehl and seconded by Council Member Thomason to move Item 4 to the Consent Agenda. Roll call vote to move. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Soehl and seconded by Council Member Cole to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed.  Item 4 was included in the vote. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, July 2, 2024  Regular City Council Meeting of Tuesday, July 2, 2024 COMMUNICATIONS 7. Approval of contracts/agreements over $100K on the memorandum dated July 5, 2024. 8. Notice of Contracts/Agreements under $100K and Change Orders over $100K through June 30, 2024. 9. Approval of surplus property disposition on the memorandum dated June 24, 2024. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Nick Hofer and Kylie Hughes to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on August 10, 2024. REGULAR AGENDA 11. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY UPDATING THE WATER DISTRIBUTION PLATTING FEE INFORMATION IN SECTION 51.065 OF CHAPTER 51: UTILITY RATES AND CHARGES, SUBCHAPTER, WATER DISTRIBUTION PLATTING FEE. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 16, 2024 for Item 12. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY UPDATING THE ARTERIAL STREET  PLATTING FEE INFORMATION IN SECTION 96.220 OF CHAPTER 96: STREETS AND SIDEWALKS, SUBCHAPTER, ARTERIAL STREET PLATTING FEE. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, July 16, 2024 for Item 13. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. 14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY UPDATING THE RECOVERY OF COST OF THE STORM DRAINAGE SYSTEM IN SECTION 51.118 OF CHAPTER 51: UTILITY RATES AND CHARGES, SUBCHAPTER, STORM WATER DRAINAGE SYSTEM IMPROVEMENT COST RECOVERY. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, July 16, 2024 for Item 14. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 15. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE SOUTH DAKOTA EMERGENCY MEDICAL SERVICES ASSOCIATION DISTRICT TWO. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 70-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 70-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE SOUTH DAKOTA EMERGENCY MEDICAL SERVICES ASSOCIATION DISTRICT TWO. WHEREAS, the City owns two Lifepak-15 Defibrillator Monitors identified with asset nos. 4002067 and 4002074; 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 South Dakota Emergency Medical Services Association District Two finds it desirable to acquire said property; and WHEREAS, the South Dakota Emergency Medical Services Association is a South Dakota domestic nonprofit corporation; and 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 Lifepak-15 Defibrillator Monitors identified above are 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 the Lifepak-15 Defibrillator Monitors to the South Dakota Emergency Medical Services Association District Two is hereby approved. Date adopted: 07/09/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 16. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE LYONS, SOUTH DAKOTA VOLUNTEER FIRE DEPARTMENT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Thomason to adopt Resolution No. 71-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 71-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE LYONS, SOUTH DAKOTA VOLUNTEER FIRE DEPARTMENT.  WHEREAS, the City owns a Lifepak-15 Defibrillator Monitor identified with asset no. 4002066; 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 Lyons, South Dakota Volunteer Fire Department finds it desirable to acquire said property; and WHEREAS, the Lyons, South Dakota Volunteer Fire Department is a South Dakota domestic nonprofit corporation; and 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 Lifepak-15 Defibrillator Monitor 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 the Lifepak-15 Defibrillator Monitor to the Lyons, South Dakota Volunteer Fire Department is hereby approved. Date adopted: 07/09/24 . Paul TenHaken, Mayor ATTEST: Jermery L. Washington, City Clerk 17. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE GARRETSON, SOUTH DAKOTA VOLUNTEER FIRE DEPARTMENT. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 72-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 72-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE GARRETSON, SOUTH DAKOTA VOLUNTEER FIRE DEPARTMENT. WHEREAS, the City owns an Eagle Air Compressor SCBA Fill Station identified with serial no. 24804201 and a Lifepak-15 Defibrillator Monitor identified with asset no. 4002069; 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 Garretson, South Dakota Volunteer Fire Department finds it desirable to acquire said property; and WHEREAS, the Garretson, South Dakota Volunteer Fire Department is a South Dakota domestic nonprofit corporation; and 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 Eagle Air Compressor SCBA Fill Station and the Lifepak-15 Defibrillator Monitor identified above are 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 the Eagle Air Compressor SCBA Fill Station and the Lifepak-15 Defibrillator Monitor to the Garretson, South Dakota Volunteer Fire Department is hereby approved. Date adopted: 07/09/24 .  Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 18. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS GENERAL CONDITIONS FOR PUBLIC IMPROVEMENTS. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Basye to adopt Resolution No. 73-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 73-24 A RESOLUTION AMENDING THE CITY OF SIOUX FALLS GENERAL CONDITIONS FOR PUBLIC IMPROVEMENTS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls General Conditions for Public Improvements revised edition dated August 4, 2024, is hereby adopted. The aforementioned document is attached to and made a part of this resolution. The City shall publish the resolution, without attachment, after its passage. The document is on file and available for inspection in the Office of the City Clerk. Date adopted: 07/09/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about conversations with City employees regarding the building of a road on Grant Street. Chad Bishop spoke about COVID. Mat Tougas, with TNR (Trap/Neuter/Return), spoke about the euthanasia numbers for the Sioux Falls Humane Society; TNR becoming protected by State law; and wanting local laws to match State law.  Mike Zitterich spoke about the need for the Council to communication with departments to get answers to questions, to utilize their Charter powers and to continue working with the Mayor to get things done. Tim Stanga spoke about his grandson being hurt by a Gel Blaster Surge gun and getting no support from the police when he called them about the incident; fireworks complaints; the appearance of his neighborhood; and about the possible repeal of the food tax. George Hahn spoke about mosquitoes out at Sherman Park, the need to spray for them, and how they are a health issue. Robin Schiro spoke about the issues that she is having with the Human Relations attorneys. Steve Johnson inquired about the lightning policy for the Midco Aquatics Center, after the indoor pool was closed due to lightning. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Barranco to adjourn at 6:39 p.m. Roll call vote to adjourn. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Sigette; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk