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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 10, 2024

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Minutes

MINUTES City Council Meeting Tuesday, September 10, 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 Rich Merkouris, Council Member Jennifer Sigette, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  The Reverend Constanze Hagmaier, Bishop, South Dakota Synod, Evangelical Lutheran Church in America 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 3, 2024  Regular City Council Meeting of Tuesday, September 3, 2024 COMMUNICATIONS 6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through August 31, 2024. 7. Approval of contracts/agreements over $100K on the memorandum dated September 6, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Mary Jo Wegner Arboretum to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 17, 2024. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Derek Thompson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on October 18, 2024. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Sigette to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to amend by moving Items 21, 13 and 14 immediately before Item 11; and Item 15 immediately after Item 11. Roll call vote to amend. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS Item 21 was heard at this time. See item for action taken. Item 13 was heard at this time. See item for action taken. Item 14 was heard at this time. See item for action taken. 11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to adopt Ordinance No. 84-24. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to amend to include all the passed amendments by Council to the 2025 Budget Resolution and 2025-2029 five-year Capital Program. Roll call vote to amend. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Basye, Cole; 1 No: Barranco. Motion Passed. Item 15 was heard at this time. See item for action taken. 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: INTERNAL AUDIT Sponsors: Council Members Barranco and Merkouris A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to adopt Ordinance No. 85-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF THE RIVERLINE DISTRICT PROPERTY. 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, September 17, 2024 for Item 13. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 14. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND THE 2025–2029 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to adopt Resolution No. 96-24. A motion was made by Council Member Spellerberg and seconded by Council Member Soehl to amend by amending the 2025 General Fund Planning and Development Department operating budget by increasing the budget $150,000 to support Downtown Sioux Falls in a two-year ambassador program. Funding to come from General Fund Restricted Fund Balance – Liquor Licenses Proceeds Ordinance 52-23. Roll call vote to amend. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. A motion was made by Council Member Spellerberg and seconded by Council Member Soehl to amend by amending the 2025 Communications Department operating budget by increasing the budget $150,000 to launch an outreach campaign to educate the public on steps every resident can take for nuisance behaviors to maintain a safe, clean, and vibrant community. Funding to come from General Fund Restricted Fund Balance – Liquor Licenses Proceeds Ordinance 52-23. Roll call vote to amend. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. A motion was made by Council Member Merkouris and seconded by Council Member Soehl to amend by amending the 2025 Entertainment Tax Fund Entertainment Venues budget by decreasing the 2025 budget $8,100,000 and amending the 2025-2029 Capital Program by removing project 13015 Land Acquisition ($8,100,000) in 2025. Roll call vote to amend. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 96-24 A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND THE 2025–2029 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 2025 Recommended Budget and 2025–2029 Capital Program as submitted to the City Council is hereby approved. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 15. A RESOLUTION TO APPROVE THE CONTINUATION OF THE ANNUAL REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Sponsors: Council Members Soehl and Sigette A motion was made by Council Member Soehl and seconded by Council Member Sigette to adopt Resolution No. 97-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 97-24 A RESOLUTION TO APPROVE THE CONTINUATION OF THE ANNUAL REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. WHEREAS, pursuant to Ordinance 21-22, the City Council approved a Municipal Property Tax Refund Program (the “Program”) to annually refund a portion of municipal property taxes on single-family dwellings serving as the principal residence of eligible elderly and disabled persons; and WHEREAS, Ordinance 21-22 provides for a one hundred percent (100%) refund of the City of Sioux Falls municipal property tax due, up to $500 and excluding municipal levied liens or assessments, for property owners who qualify for a freeze on assessment on qualifying single-family dwellings under SDCL § 10-6A-2; and WHEREAS, Section 3 of Ordinance 21-22 provides for annual continuation of the Program subject to the City Council adoption of a resolution to approve a continuation and provide an appropriation therefore; and WHEREAS, the City Council has appropriated in the City’s 2025 Budget funding for the Program for 2024 property taxes that are payable in 2025; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City Council hereby approves continuation of the Program for fiscal and calendar year 2025 and will apply to 2024 property taxes payable in 2025. To be eligible, the property owner must have applied with the County for a freeze on assessment of single-family dwellings pursuant to SDCL § 10-6A-2 by April 1, 2024. All refunds issued through the Program will be as prescribed in Ordinance 21-22. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF ANNEXATION RESOLUTION NO. 38-24. ANNEXATION 018493- 2023—RMB S 1/2 SW 1/4 Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Sigette to adopt Resolution No. 98-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 98-24 ANNEXATION 018493-2023—RMB S 1/2 SW 1/4 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF ANNEXATION RESOLUTION NO. 38-24. WHEREAS, on April 16, 2024, the City Council of the City of Sioux Falls adopted Resolution No. 38-24 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal descriptions as set forth in Resolution 38-24 were not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal descriptions as set forth in Resolution 38-24 are hereby amended to read as follows: VanDeest Tract 1, an Addition in the South 1/2 of Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD (except Lot 1A in VanDeest Tract 1, an Addition in the South 1/2 of Southwest 1/4 of Section 18, Township 100 N, Range 50 West, Lincoln County, SD); The East 101.36' of Lot 2, all of Lot 3, West 78.29' of Lot 4 of Supreme Acres, and the south half of vacated 84th Street abutting the north line thereof, in the South 1/2 of Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD; Lot 5 of Erickson’s Addition, an Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD; Lot 6 of Erickson’s Addition, an Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD; Lot 4 of Erickson’s Addition, an Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD; Lot 1 of Erickson’s Addition, an Addition in the East 829.23' of the South 1/2 of Government Lot 1 in Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD; The East 327.39' of the West 1,593.55' of the South 390' of the South 1/2 of Gov’t Lots 1 & 2 in the SW 1/4 of Section 18, T 100 N, R 50 West of the 5th P.M., Lincoln County, SD; The South 208.71' of the East 208.71' of Lot 5 of Supreme Acres in the South 1/2 of the South 1/2 of Gov’t Lots 1 & 2 in the Southwest 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., Lincoln County, SD; Lot H-1 of the South 1/2 in the SE 1/4 of Section 18, Township 100 N, Range 50 West of the 5th P.M., and Sundowner Avenue, S. Palisade Avenue, Interstate 29 and north half of W. 85th Street rights-of-way adjacent thereto, Lincoln County, SD; And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF ANNEXATION RESOLUTION NO. 41-24. ANNEXATION 018628- 2023—ERICKSON’S ADDITION Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Sigette to adopt Resolution No. 99-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 99-24 ANNEXATION 018628-2023—ERICKSON’S ADDITION A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF ANNEXATION RESOLUTION NO. 41-24. WHEREAS, on April 16, 2024, the City Council of the City of Sioux Falls adopted Resolution No. 41-24 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal descriptions as set forth in Resolution 41-24 were not accurate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal descriptions as set forth in Resolution 41-24 are hereby amended to read as follows: Lot 2 of Erickson’s Addition, an Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 Southwest 1/4 in Section 18, Township 100 North, Range 50 West of the 5th P.M., all in Lincoln County, SD; and the abutting public right- of-way; Lot 3 of Erickson’s Addition, an Addition in the East 829.23' of the South 1/2 of Gov’t Lot 1 Southwest 1/4 in Section 18, Township 100 North, Range 50 West of the 5th P.M., all in Lincoln County, SD; and the abutting public right- of-way; And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 18. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 019967-2024—Christensen Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Resolution No. 100-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 100-24 ANNEXATION 019967-2024—Christensen A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along N. Louise Ave. 4. Sanitary sewer is available to property. 5. City water is adjacent to these properties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Minnehaha County, SD, and the boundary of the city is hereby extended to include such territory: Tract 1 SW1/4 NW1/4 of Section 31, Township 102, Range 49 MAPLETON TOWNSHIP; including adjacent unannexed Louise Avenue right-of-way; Minnehaha County, SD And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 19. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018756-2023—RUPP SE 1/4 SE 1/4 RUPP H-LOT Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Thomason to adopt Resolution No. 101-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 101-24 ANNEXATION 018756-2023—RUPP SE 1/4 SE 1/4 RUPP H-LOT A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. Major street access is available. 4. Sanitary sewer is available for the proposed annexation area. 5. City water is currently available for the proposed annexation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: Lot 1 of Rupp’s Addition in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 18, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof; and the West 85th Street and South Tallgrass Ave. rights-of-way adjacent thereto. Lot H-1 Rupp’s Addition in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 18, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof. And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 20. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT-OF-WAY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 101 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Joel Ingle, C-Lemme Companies A motion was made by Council Member Cole and seconded by Council Member Merkouris to adopt Resolution No. 102-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 102-24 A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT-OF-WAY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 101 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the right-of-way easement area 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; and WHEREAS, the right-of-way easement was granted to Minnehaha Community Water Corporation and filed in Book 164 of Miscellaneous on page 451 in the office of the Register of Deeds for Minnehaha County, SD, on January 2, 1987; and WHEREAS, an Assignment and Assumption of Easement between Minnehaha Community Water Corporation and City of Sioux Falls was filed in Book 291 of Miscellaneous on page 186 in the office of the Register of Deeds for Minnehaha County, SD, on April 9, 2020; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the right-of-way easement, as shown on attached Exhibit A, and affecting the real property described as the Southwest Quarter of the Southwest Quarter of Section 27, Township 101 North, Range 50 West of the 5th Principal Meridian, 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: 9/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 21. A RESOLUTION ESTABLISHING A POLICY OF THE CITY COUNCIL FOR HOW TO PROCEED WITH A PROPOSED NEW CONVENTION CENTER AT THE RIVERLINE DISTRICT. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adopt Resolution No. 103-24. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 103-24 A RESOLUTION ESTABLISHING A POLICY OF THE CITY COUNCIL FOR HOW TO PROCEED WITH A PROPOSED NEW CONVENTION CENTER AT THE RIVERLINE DISTRICT. WHEREAS, in February 2024, the City of Sioux Falls and Friends of the Riverline District unveiled a plan to build a new convention center and full-service hotel at the Riverline District; and WHEREAS, in July 2024, Johnson Consulting presented the results of Phase 1A at a City Council Informational Meeting; and WHEREAS, the City Council has determined that the purchase of the Riverline District property should not proceed without further due diligence by the elected officials. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City Council is in support of the overall vision shared by the Friends of the Riverline District of constructing a new convention center in the vicinity of downtown Sioux Falls. Section 2. That the City Council has a duty and obligation to be responsive to the interests and needs of those they represent. Section 3. That a steering committee is hereby established to create a project timeline; recommend a purchase agreement to the City Council; review and recommend a final design and cost estimate; and recommend a timeline for an advisory election. Section 4. That the City Council supports a budget supplement to acquire the 7.24 acres property and the purchase of the Riverline District property once approved by the Riverline Steering Committee. Section 5. That the Mayor is hereby authorized to appoint four representatives to the Riverline Steering Committee. Section 6. That the City Council Chair and Vice Chair shall appoint four individuals to the Riverline Steering Committee. Date adopted: 09/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Tim Stanga spoke about speeding buses in his neighborhood. James Johnson spoke about the challenges of a growing city and violent crime. Sierra Broussard spoke about issues with the Police Department, the Downtown Ambassador program, and challenges with the Whittier Neighborhood. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Sigette to adjourn at 7:03 p.m. Roll call vote to adjourn. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk

Agenda

AGENDA (Revised 9/9/24) City Council Meeting Tuesday, September 10, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Rich Merkouris Council Member Jennifer Sigette 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 Mayor Paul TenHaken 2. INVOCATION  The Reverend Constanze Hagmaier, Bishop, South Dakota Synod, Evangelical Lutheran Church in America 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 3, 2024  Regular City Council Meeting of Tuesday, September 3, 2024 COMMUNICATIONS 6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through August 31, 2024. 7. Approval of contracts/agreements over $100K on the memorandum dated September 6, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Mary Jo Wegner Arboretum to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 17, 2024. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Derek Thompson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on October 18, 2024. REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AUTHORIZING AN INCREASE IN PROPERTY TAX REVENUE PURSUANT TO SDCL 10-13-35 AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025. Sponsor: Mayor Background & Objective: This Ordinance shows the budget of the Governmental (tax supported) Funds for the year ending December 31, 2025, and the required revenues and sources to support the planned expenses. 12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY ORGANIZATIONS, SUBCHAPTER: INTERNAL AUDIT Sponsors: Council Members Barranco and Merkouris Background & Objective: The proposed ordinance would allow for a multi-year audit plan. The proposal also requires the Audit Committee to annually review the audit plan to evaluate progress made in completing it. ORDINANCE FIRST READINGS 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF THE RIVERLINE DISTRICT PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, September 17, 2024. Sponsors: Council Members Merkouris and Soehl Background & Objective: The supplemental appropriation provides funding for the purchase of the Riverline District property. The proposed ordinance also authorizes the Riverline Steering Committee with the authority to approve the purchase of the Riverline District property. HEARINGS AND RESOLUTIONS 14. A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND THE 2025–2029 CAPITAL PROGRAM. Sponsor: Mayor Background & Objective: A public hearing is required prior to adoption of the budget resolution. This item provides for a public hearing on the budget and no formal action will be taken by the Council until consideration of the budget resolution on September 10, 2024. 15. A RESOLUTION TO APPROVE THE CONTINUATION OF THE ANNUAL REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE OF ELIGIBLE ELDERLY AND DISABLED PERSONS. Sponsors: Council Members Soehl and Sigette Background & Objective: The proposed resolution reauthorizes the annual refund of municipal property taxes for eligible elderly and disabled persons. 16. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF ANNEXATION RESOLUTION NO. 38-24. ANNEXATION 018493- 2023—RMB S 1/2 SW 1/4 Sponsor: Mayor Background & Objective: Property owner is requesting to annex their contiguous land into city limits for urban development. 17. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTIONS OF ANNEXATION RESOLUTION NO. 41-24. ANNEXATION 018628- 2023—ERICKSON’S ADDITION Sponsor: Mayor Background & Objective: Parcel was annexed on April 16, 2024 for W. 85th St. ROW drainage. The parcel description Lot 2 and Lot 3 Erickson's Addition - needs "...in the East 829.23". 18. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 019967-2024—Christensen Sponsor: Mayor Background & Objective: Property owner is requesting to annex their contiguous property into city limits for urban development. 19. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 018756-2023—RUPP SE 1/4 SE 1/4 RUPP H-LOT Sponsor: Mayor Background & Objective: Property owner has annexed 60 acres surrounding this parcel in 2022; now is annexing approximately two acres of land at intersection and the ROW. 20. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT-OF-WAY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 101 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. Private Applicant(s): Joel Ingle, C-Lemme Companies Background & Objective: This right of way easement was obtained by Minnehaha County Rural Water Corp. for a distribution line. The easement was transferred to the City of Sioux Falls when improvements to 41st St were completed, and water users were connected onto City of SF Water system. The rural water line is now abandoned, and this easement no longer serves any purpose. Approving the release will remove the encumbrance and support future commercial development. 21. A RESOLUTION ESTABLISHING A POLICY OF THE CITY COUNCIL FOR HOW TO PROCEED WITH A PROPOSED NEW CONVENTION CENTER AT THE RIVERLINE DISTRICT. Sponsors: Council Members Merkouris and Soehl Background & Objective: The proposed resolution supports the overall vision shared by the Friends of the Riverline District to construct a new convention center in the vicinity of downtown. The proposal also establishes a Riverline Steering Committee to create a project timeline; recommend a purchase agreement to the City Council; review and recommend a final design and cost estimate; and recommend a timeline for an advisory election. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.GOV FOR MORE INFORMATION.

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